Amendment Text: S.Amdt.5552 — 110th Congress (2007-2008)

There is one version of the amendment.

Shown Here:
Amendment as Submitted (09/15/2008)

This Amendment appears on page S8552 in the following article from the Congressional Record.


[Pages S8535-S8800]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5504. Mr. DORGAN 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 years, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 396, after line 20, add the following:
       (e) Prohibition on Large-Scale Infrastructure Projects 
     Using Iraq Security Forces Fund Resources.--Amounts 
     authorized to be appropriated by this Act or any other Act 
     for the Iraq Security Forces Fund that remain unobligated may 
     not be obligated for any large-scale infrastructure project 
     in Iraq.
                                 ______
                                 
  SA 5505. Mr. BROWN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of

[[Page S8536]]

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

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

     SEC. 2822. LAND CONVEYANCE, GEORGE F. PENNINGTON UNITED 
                   STATES ARMY RESERVE CENTER, MARION, OHIO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to Marion County, Ohio (in 
     this section referred to as the ``County''), all right, 
     title, and interest of the United States in and to a parcel 
     of real property, including improvements thereon, consisting 
     of approximately 5.3 acres located at the George F. 
     Pennington United States Army Reserve Center, 2164 Harding 
     Way Highway East, Marion, Ohio, for the construction of a 
     fire station.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto the property. A determination by the Secretary under 
     this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, related to the conveyance. If amounts are 
     collected from the County in advance of the Secretary 
     incurring the actual costs, and the amount collected exceeds 
     the costs actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the County.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (e) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 5506. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXXI, insert the following:

     SEC. __. INCLUSION OF CLAIMS RELATING TO ATMOSPHERIC TESTING 
                   ON JULY 16, 1945, UNDER THE RADIATION EXPOSURE 
                   COMPENSATION ACT.

       (a) In General.--The Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended by inserting after section 4 
     the following:

     ``SEC. 4A. CLAIMS RELATING TO ATMOSPHERIC NUCLEAR TESTING ON 
                   JULY 16, 1945.

       ``(a) Claims Relating to Leukemia.--
       ``(1) In general.--Subject to paragraph (4), an individual 
     described in paragraph (2) shall receive compensation in an 
     amount specified in paragraph (3).
       ``(2) Eligible individuals.--An individual described in 
     this paragraph is an individual who--
       ``(A)(i) was physically present in the affected area from 
     July 16, 1945, to July 15, 1946; or
       ``(ii) participated onsite in the test involving the 
     atmospheric detonation of a nuclear device on July 16, 1945; 
     and
       ``(B) submits written documentation that the individual 
     developed leukemia--
       ``(i) after the period of physical presence described in 
     subparagraph (A)(i) or onsite participation described in 
     subparagraph (A)(ii) (as the case may be); and
       ``(ii) more than 2 years after first exposure to fallout 
     from the atmospheric detonation of a nuclear device on July 
     16, 1945.
       ``(3) Compensation.--The amount of compensation payable 
     under this paragraph is the amount as follows:
       ``(A) In the case of an individual described in paragraph 
     (2)(A)(i), $50,000.
       ``(B) In the case of an individual described in paragraph 
     (2)(A)(ii), $75,000.
       ``(4) Conditions.--The conditions described in this 
     paragraph are as follows:
       ``(A) The individual's initial exposure to fallout from the 
     atmospheric detonation of a nuclear device on July 16, 1945 
     occurred before the individual reached 21 years of age.
       ``(B) The claim for compensation under paragraph (3) is 
     filed with the Attorney General by or on behalf of the 
     individual.
       ``(C) The Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this Act.
       ``(b) Claims Relating to Specified Diseases.--
       ``(1) In general.--Subject to paragraph (4), an individual 
     described in paragraph (2) shall receive compensation in an 
     amount specified in paragraph (3).
       ``(2) Eligible individuals.--An individual described in 
     this paragraph is an individual who--
       ``(A)(i) was physically present in the affected area from 
     July 16, 1945, to July 15, 1947; or
       ``(ii) participated onsite in the test involving the 
     atmospheric detonation of a nuclear device on July 16, 1945; 
     and
       ``(B) submits written medical documentation that the 
     individual, after a period of physical presence described in 
     subparagraph (A)(i) or onsite participation described in 
     subparagraph (A)(ii) (as the case may be), contracted a 
     specified disease.
       ``(3) Compensation.--The amount of compensation payable 
     under this paragraph is the amount as follows:
       ``(A) In the case of an individual described in paragraph 
     (2)(A)(i), $50,000.
       ``(B) In the case of an individual described in paragraph 
     (2)(A)(ii), $75,000.
       ``(4) Conditions.--The conditions described in this 
     paragraph are as follows:
       ``(A) The claim for compensation under paragraph (3) is 
     filed with the Attorney General by or on behalf of the 
     individual.
       ``(B) The Attorney General determines, in accordance with 
     section 6, that the claim meets the requirements of this Act.
       ``(c) Payments.--Payments under this section may be made 
     only in accordance with section 6.
       ``(d) Definitions.--In this section:
       ``(1) The term `affected area' means the counties of San 
     Miguel, Torrance, Guadalupe, De Baca, Socorro (including the 
     town of Socorro), and Lincoln (including the town of 
     Carrizozo) in the State of New Mexico.
       ``(2) The term `specified disease' means--
       ``(A) leukemia (other than chronic lymphocytic leukemia), 
     if the first exposure to fallout from the atmospheric 
     detonation of a nuclear device occurred after the age of 20 
     and the onset of the leukemia was at least 2 years after 
     first exposure; and
       ``(B) the following diseases, if onset was at least 5 years 
     after first exposure: multiple myeloma, lymphomas (other than 
     Hodgkin's disease), and primary cancer of the thyroid, male 
     or female breast, esophagus, stomach, pharynx, small 
     intestine, pancreas, bile ducts, gall bladder, salivary 
     gland, urinary bladder, brain, colon, ovary, liver (except if 
     cirrhosis or hepatitis B is indicated), or lung.''.
       (b) Conforming Amendments.--
       (1) Section 4 of the Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note) is amended--
       (A) in the section heading, by inserting ``ON OR AFTER 
     JANUARY 21, 1951'' after ``NUCLEAR TESTING''; and
       (B) in subsection (a)(1)(A)(ii)(II), by striking ``more 
     that 2 years'' and inserting ``more than 2 years''.
       (2) Section 6 of such Act is amended--
       (A) in subsection (b)(2)--
       (i) in subparagraph (A), by striking ``leukemia under 
     section 4(a)(1), a specified disease under section 4(a)(2)'' 
     and inserting ``leukemia under section 4(a) or section 4A(a), 
     a specified disease under section 4(a)(2) or 4A(b)''; and
       (ii) in subparagraph (C), by inserting ``or 
     4A(b)(2)(A)(ii)'' after ``section 4(a)(2)(C)'';
       (B) in subsection (c)--
       (i) in paragraph (2)(A)--

       (I) in the matter preceding clause (i), by inserting ``, a 
     claim under subsection (a) or (b)(2)(A)(i) of section 4A,'' 
     after ``section 4''; and
       (II) by amending clause (i) to read as follows:

       ``(i) exposure to radiation, from atmospheric nuclear 
     testing, in an affected area (as defined in section 4(b)(1) 
     or section 4A(d)(1)) at any time during a period described in 
     subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 or 
     subsection (a) or (b)(2)(A)(i) of section 4A, or'';
       (ii) in paragraph (2)(B), by inserting ``or section 
     4A(b)(2)(A)(ii)'' after ``section 4(a)(2)(C)''; and
       (iii) in paragraph (4)(B), by striking ``section 4 or 5'' 
     and inserting ``section 4, 4A, or 5''; and
       (C) in subsection (e), by striking ``in the affected area 
     (as defined in section 4(b)(1)) at any time during the period 
     described in subsection (a)(1), (a)(2)(A), or (a)(2)(B) of 
     section 4'' and inserting ``in an affected area (as defined 
     in section 4(b)(1) or section 4A(d)(1)) at any time during a 
     period described in subsection (a)(1), (a)(2)(A), or 
     (a)(2)(B) of section 4 or subsection (a) or (b)(2)(A)(i) of 
     section 4A''.
                                 ______
                                 
  SA 5507. Mr. KOHL (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him

[[Page S8537]]

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. PAYMENTS TO FAMILIES OF CERTAIN VICTIMS OF 
                   TERRORISM.

       (a) In General.--Subject to the availability of 
     appropriations specifically for the purpose specified in this 
     section as provided in appropriations Acts enacted on or 
     after October 1, 2007, and notwithstanding any other 
     provision of law, the Secretary of State shall, in addition 
     to any death gratuity payment under section 413(a) of the 
     Foreign Service Act of 1980 (22 U.S.C. 3973(a)), provide for 
     payment to the surviving dependents of a covered individual 
     who was killed as a result of an act of international 
     terrorism (as such term is defined in section 2331(1) of 
     title 18, United States Code) that occurred between January 
     1, 1998, and the date of the enactment of this Act, including 
     the bombing of August 7, 1998, in Nairobi, Kenya, of an 
     amount equal to ten times the salary specified in subsection 
     (c). Such a payment shall be accorded the same treatment as a 
     payment made under section 413(a) of the Foreign Service Act 
     of 1980 (22 U.S.C. 3973(a)).
       (b) Covered Individual Defined.--In this section, the term 
     ``covered individual'' means--
       (1) a member of the Foreign Service or Government executive 
     branch employee subject to the authority of a chief of 
     mission pursuant to section 207 of the Foreign Service Act of 
     1980 (22 U.S.C. 3927); or
       (2) an individual who was otherwise serving at a United 
     States diplomatic or consular mission abroad without a 
     regular salary.
       (c) Specified Salary.--The salary to be used for purposes 
     of determining payment under this section shall be $94,000.
                                 ______
                                 
  SA 5508. Mr. NELSON of Nebraska (for himself and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

       Sections 1212(c)(1)(A) and 1212(d)(2) of title 10, United 
     States Code, as added by section 1646 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 472), are amended by striking ``incurred during the 
     performance of duty in combat-related operations as 
     designated by the Secretary of Defense.'' and inserting 
     ``incurred (as determined under criteria prescribed by the 
     Secretary of Defense)--
       ``(i) as a direct result of armed conflict;
       ``(ii) while engaged in hazardous service;
       ``(iii) in the performance of duty under conditions 
     simulating war; or
       ``(iv) through an instrumentality of war.''.
                                 ______
                                 
  SA 5509. Mr. BAYH (for himself, Mr. Sessions, Mr. Kennedy, Mrs. 
Clinton, Mr. Lieberman, Mr. Obama, and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       (a) In General.--Section 455(o) of the Higher Education Act 
     of 1965 (20 U.S.C. 1087e(o)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraphs (2) and (4)'' and inserting 
     ``paragraph (3)''; and
       (B) by striking ``for which the first disbursement is made 
     on or after October 1, 2008'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 5510. Mr. BIDEN 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 342, between lines 10 and 11, insert the following:

     SEC. 1208. AUTHORITY FOR USE OF FUNDS TO PROVIDE HELICOPTER 
                   SUPPORT FOR AFRICAN UNION/UNITED NATIONS 
                   PEACEKEEPING OPERATION IN DARFUR, SUDAN.

       (a) Support Authorized.--Amounts authorized to be 
     appropriated pursuant to this Act may be used, with the 
     concurrence of the Secretary of State, to transfer, equip, 
     upgrade, refurbish, or lease helicopters or other related 
     equipment to the operations of the African Union/United 
     Nations peacekeeping operation in Darfur, Sudan (UNAMID) 
     established pursuant to United Nations Security Council 
     Resolution 1769 (2007).
       (b) Transfer Authority.--The President may utilize the 
     authority provided under sections 506 or 516 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2318, 2321j) or section 61 
     of the Arms Export Control Act (22 U.S.C. 2796) in order to 
     effect such transfer or lease, notwithstanding any other 
     provision of law except for sections 502B(a)(2), 620A, and 
     620J of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2304(a)(2), 2371, 2378d) and section 40A of the Arms Export 
     Control Act (22 U.S.C. 2781).
       (c) Draw Down Authority to Acquire Helicopters by 
     Contract.--The exercise under this section of the authority 
     under section 506 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318) includes--
       (1) the authority to acquire helicopters by contract; and
       (2) the authority to acquire by mutual agreement such 
     equipment from the stocks of foreign countries.
       (d) Limits on Authority.--
       (1) Funding limitation.--Not more than $100,000,000 may be 
     made available to carry out this section.
       (2) Sunset.--The authorities under this section shall 
     expire two years after the date of the enactment of this Act.
                                 ______
                                 
  SA 5511. 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 16 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

[[Page S8538]]

     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 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 5512. Mr. NELSON of Nebraska (for himself and Mr. Levin) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 652. AUTHORIZATION FOR PAYMENT OF HAZARDOUS DUTY PAY FOR 
                   ARDUOUS PERSONNEL TEMPOS AND OTHER FACTORS.

       (a) Authority To Pay Hazardous Duty Pay for Arduous 
     Personnel Tempos and Other Factors.--Section 305(a) of title 
     37, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(a) Special Pay 
     Authorized.--''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In designating duty as hardship duty for purposes of 
     this section, the Secretary of Defense shall take into 
     account the following:
       ``(A) Quality-of-life and living conditions in the area of 
     a member's assignment.
       ``(B) The mission a member is performing.
       ``(C) Whether the tempo of operations under which a member 
     is performing the duty exceeds the thresholds established in 
     section 991 of title 10.
       ``(D) Whether the time a member has served on deployment 
     during the course of the member's career in specified 
     locations or operations (such as combat zones or combat 
     operations), missions, or assignments exceeds a period 
     specified by the Secretary of Defense.
       ``(E) Such other factors as the Secretary of Defense 
     considers appropriate.''.
       (b) Repeal of High-Deployment Allowance.--
       (1) Repeal.--Section 436 of title 37, United States Code, 
     is repealed.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by striking 
     the item relating to section 436.
                                 ______
                                 
  SA 5513. Mr. NELSON of Nebraska (for himself, Ms. Collins, and Mr. 
Bayh) submitted an amendment intended to be proposed by him to the bill 
S. 3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 395, line 9, strike ``(4) Large-scale 
     infrastructure project defined.--'' and insert the following:
       (4) Exception for military construction.--The limitations 
     in paragraphs (1) and (2) do not apply to military 
     construction (as that term is defined in section 2801 of 
     title 10, United States Code).
       (5) Large-scale infrastructure project defined.--
                                 ______
                                 
  SA 5514. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1056. REPORT ON INTEGRATION OF UNITED STATES INSTRUMENTS 
                   OF NATIONAL POWER.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States did not adequately provide for the 
     integration of all instruments of national power of the 
     United States in addressing Iraq, resulting in significant 
     delays in securing stability and governance within that 
     country.
       (b) Report Required.--Not later than June 30, 2009, the 
     Secretary of Defense shall, in coordination with the 
     Secretary of State, the Secretary of the Treasury, the 
     Director of National Intelligence, and the head of other 
     appropriate departments and agencies of the United States 
     Government, submit to Congress a report containing an 
     assessment of feasibility and advisability of the following:
       (1) Integrating the long-term strategy, contingency 
     planning, and crisis-action planning processes of the 
     departments and agencies of the United States Government that 
     contribute to the diplomatic, informational, military, and 
     economic instruments of national power of the United States.
       (2) Synchronizing the long-term budgeting processes of the 
     departments and agencies described in paragraph (1) to ensure 
     funding

[[Page S8539]]

     strategies and requests support efforts under that paragraph 
     and paragraphs (3) and (4) .
       (3) Incorporating, where applicable, the departments and 
     agencies described in paragraph (1) into planning and 
     operations of the combatant commands, including an assessment 
     of the potential for such departments and agencies to have 
     permanent manning on the command staffs of the combatant 
     commands and of the responsibilities and authorities that 
     would be assigned to these positions to ensure effective 
     application of the full range of instruments of national 
     power of the United States.
       (4) Aligning the regional responsibilities around the globe 
     between the departments and agencies described in paragraph 
     (1) such that they are congruent with each other and serve to 
     streamline command lines of authority, logistical supply 
     chains, administrative oversight, and resource allocation.
                                 ______
                                 
  SA 5515. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 556. PROHIBITION ON CONTRACTS FOR OUTSOURCING OF 
                   IMPLEMENTATION AND ADMINISTRATION OF THE 
                   EDUCATIONAL ASSISTANCE PROGRAM UNDER THE POST-
                   9/11 VETERANS EDUCATIONAL ASSISTANCE ACT OF 
                   2008.

       No amounts authorized to be appropriated by this Act or any 
     other Act may be obligated or expended to enter into a 
     contract with a non-governmental entity to implement or 
     administer on a permanent basis the provisions of chapter 33 
     of title 38, United States Code.
                                 ______
                                 
  SA 5516. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Study Required.--The Secretary of Defense shall enter 
     into an agreement with the Institute of Medicine of the 
     National Academy of Sciences for the purpose of conducting a 
     study on the management of medications for physically and 
     psychologically wounded members of the Armed Forces.
       (b) Elements.--The study required under subsection (a) 
     shall include the following:
       (1) A review and assessment of current practices within the 
     Department of Defense for the management of medications for 
     physically and psychologically wounded members of the Armed 
     Forces.
       (2) A review and analysis of the published literature on 
     factors contributing to the misadministration of medications, 
     including accidental and intentional overdoses, under and 
     over medication, and adverse interactions among medications.
       (3) An identification of the medical conditions, and of the 
     patient management procedures of the Department of Defense, 
     that increase the risk of misadministration of medications in 
     populations of members of the Armed Forces.
       (4) An assessment of current and best practices in the 
     military, other government agencies, and civilian sector 
     concerning the prescription, distribution, and management of 
     medications, and the associated coordination of care.
       (5) An identification of means for decreasing the risk of 
     medication misadministration and associated problems with 
     respect to physically and psychologically wounded members of 
     the Armed Forces.
       (c) Report.--Not later than 18 months after entering into 
     the agreement for the study required under subsection (a), 
     the Institute of Medicine shall submit to the Secretary of 
     Defense, and to Congress, a report on the study containing 
     such findings and determinations as the Institute of Medicine 
     considers appropriate in light of the study.
                                 ______
                                 
  SA 5517. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1041. ESTABLISHMENT OF REGISTRY OF MEMBERS AND FORMER 
                   MEMBERS OF THE ARMED FORCES EXPOSED IN THE LINE 
                   OF DUTY TO OCCUPATIONAL AND ENVIRONMENTAL 
                   HEALTH CHEMICAL HAZARDS.

       (a) Establishment.--The Secretary of Defense shall 
     establish and administer a registry of members and former 
     members of the Armed Forces who were exposed in the line of 
     duty to occupational and environmental health chemical 
     hazards in concentrations that exceed the military exposure 
     guidelines to assist in the provision of care to such members 
     and former members.
       (b) Registration.--
       (1) In general.--Except as provided in paragraph (2), for 
     every member and former member of the Armed Forces who 
     requests to be included in the registry required by 
     subsection (a), the Secretary shall--
       (A) register such member or former member in such registry; 
     and
       (B) collect such information about such member or former 
     member as the Secretary considers appropriate for purposes of 
     establishing and administering such registry.
       (2) Exclusion.--The Secretary may exclude from the registry 
     required by subsection (a) individuals for whom the Secretary 
     has evidence that indicates that such individual is not a 
     member or former member of the Armed Forces who was exposed 
     in the line of duty to an occupational and environmental 
     health chemical hazard in a concentration that exceeded the 
     military exposure guidelines.
       (c) Notification.--In the case that the Secretary learns 
     that a member or former member of the Armed Forces may have 
     been exposed in the line of duty to an occupational and 
     environmental health chemical hazard in a concentration that 
     exceeds the military exposure guidelines for such hazard, the 
     Secretary shall--
       (1) notify of such exposure--
       (A) such member or former member;
       (B) the commanding officer of the unit to which such member 
     or former member belonged at the time of such exposure; and
       (C) in the case of a member of the National Guard, the 
     Adjutant General of the State concerned; and
       (2) inform such member or former member that such member or 
     former member may request to be included in the registry 
     required by subsection (a).
       (d) Examination.--The Secretary shall give each individual 
     in the registry required by subsection (a) a complete 
     physical and medical examination.
       (e) Military Exposure Guidelines Defined.--In this section, 
     the term ``military exposure guidelines'' means the military 
     exposure guidelines specified in the January 2002 Chemical 
     Exposure Guidelines for Deployed Military Personnel, United 
     States Army Center for Health Promotion and Preventive 
     Medicine Technical Guide 230 (or any successor technical 
     guide that establishes military exposure guidelines for the 
     assessment of the significance of field exposures to 
     occupational and environmental health chemical hazards during 
     deployments).

     SEC. 1042. SCIENTIFIC REVIEW OF ASSOCIATION OF HEALTH EFFECTS 
                   WITH EXPOSURE TO OCCUPATIONAL AND ENVIRONMENTAL 
                   HEALTH CHEMICAL HAZARDS THAT EXCEED MILITARY 
                   EXPOSURE GUIDELINES.

       (a) Agreement.--
       (1) In general.--The Secretary of Defense shall seek to 
     enter into an agreement with the Institute of Medicine of the 
     National Academies for the Institute of Medicine to perform 
     the services covered by this section.
       (2) Timing.--The Secretary shall seek to enter into the 
     agreement described in paragraph (1) not later than two 
     months after the date of the enactment of this Act.
       (b) Review of Scientific Evidence.--Under an agreement 
     between the Secretary of Defense and the Institute of 
     Medicine under this section, the Institute of Medicine shall, 
     for each health effect reported in the registry established 
     in section 1041(a) with respect to exposure to an 
     occupational and environmental health chemical hazard listed 
     in the military exposure guidelines, review and summarize the 
     scientific evidence, and assess the strength thereof, 
     concerning the association between the health effect and the 
     exposure to such occupational and environmental health 
     chemical hazard in a concentration that exceeds the military 
     exposure guidelines.
       (c) Scientific Determinations Concerning Health Effects.--
       (1) In general.--For each health effect reviewed under 
     subsection (b), the Institute of Medicine shall determine (to 
     the extent that available scientific data permit meaningful 
     determinations)--
       (A) whether a statistical association with the occupational 
     and environmental health chemical hazard exists, taking into 
     account the strength of the scientific evidence and the 
     appropriateness of the statistical and epidemiological 
     methods used to detect the association;
       (B) the increased risk of the health effect among those 
     exposed to occupational and environmental health chemical 
     hazards in the line of duty; and
       (C) whether there exists a plausible biological mechanism 
     or other evidence of a causal relationship between the 
     occupational and environmental health chemical hazard and the 
     health effect.
       (2) Discussion and reasoning.--The Institute of Medicine 
     shall include in its reports under subsection (f) a full 
     discussion of the scientific evidence and reasoning that led 
     to its conclusions under this subsection.

[[Page S8540]]

       (d) Recommendations for Additional Scientific Studies.--
       (1) In general.--The Institute of Medicine shall make any 
     recommendations it has for additional scientific studies to 
     resolve areas of continuing scientific uncertainty relating 
     to exposure to occupational and environmental health chemical 
     hazards.
       (2) Considerations.--In making recommendations for further 
     study, the Institute of Medicine shall consider the 
     following:
       (A) The scientific information that is currently available.
       (B) The value and relevance of the information that could 
     result from additional studies.
       (C) The cost and feasibility of carrying out such 
     additional studies.
       (e) Subsequent Reviews.--The agreement under subsection (a) 
     shall require the Institute of Medicine--
       (1) to periodically conduct as comprehensive a review as is 
     practicable of the evidence referred to in subsection (b) 
     that has become available since the last review of such 
     evidence under this section; and
       (2) to make its determinations and estimates on the basis 
     of the results of such review and all other reviews conducted 
     for the purposes of this section.
       (f) Reports.--
       (1) Reports to congress.--
       (A) In general.--The agreement under subsection (a) shall 
     require the Institute of Medicine to submit, not later than 
     the end of the 18-month period beginning on the date of the 
     enactment of this Act and not less frequently than once every 
     two years thereafter, to the appropriate committees of 
     Congress a report on the activities of the Institute of 
     Medicine under the agreement.
       (B) Contents.--The report described in paragraph (1) shall 
     include the following:
       (i) The determinations and discussion referred to in 
     subsection (c).
       (ii) Any recommendations of the Institute of Medicine under 
     subsection (d).
       (2) Reports to secretary of defense.--The agreement under 
     subsection (a) shall require the Institute of Medicine, in 
     the case that the Institute of Medicine makes any conclusive 
     determination under subsection (c)(1) with respect to any 
     health effect studied under subsection (b), to submit, not 
     later than 30 days after the date of such determination, to 
     the Secretary of Defense a report describing such 
     determination.
       (g) Limitation on Authority.--The agreement under this 
     section shall be effective for a fiscal year to the extent 
     that appropriations are available to carry out the agreement.
       (h) Sunset.--This section shall cease to be effective 10 
     years after the last day of the fiscal year in which the 
     Institute of Medicine submits to the Secretary of Defense the 
     first report under subsection (f).
       (i) Alternative Contract Scientific Organization.--
       (1) In general.--If the Secretary of Defense is unable 
     within the time period prescribed in subsection (a)(2) to 
     enter into an agreement described in subsection (a)(1) with 
     the Institute of Medicine on terms acceptable to the 
     Secretary, the Secretary shall seek to enter into such an 
     agreement with another appropriate scientific organization 
     that--
       (A) is not part of the Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     Institute of Medicine.
       (2) Treatment.--If the Secretary enters into an agreement 
     with another organization as described in paragraph (1), any 
     reference in this section to the Institute of Medicine shall 
     be treated as a reference to the other organization.
       (j) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Health, Education, Labor, and Pensions of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Energy and Commerce of the House of Representatives.
       (2) Military exposure guidelines.--The term ``military 
     exposure guidelines'' means the military exposure guidelines 
     specified in the January 2002 Chemical Exposure Guidelines 
     for Deployed Military Personnel, United States Army Center 
     for Health Promotion and Preventive Medicine Technical Guide 
     230 (or any successor technical guide that establishes 
     military exposure guidelines for the assessment of the 
     significance of field exposures to occupational and 
     environmental health chemical hazards during deployments).

     SEC. 1043. REVISION IN AUTHORITIES FOR PROVISION OF PRIORITY 
                   HEALTH CARE FOR CERTAIN VETERANS EXPOSED TO 
                   OCCUPATIONAL AND ENVIRONMENTAL HEALTH CHEMICAL 
                   HAZARDS.

       (a) Authorized Inpatient Care.--Section 1710(e) of title 
     38, United States Code, is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(F) A veteran who was exposed in the line of duty to an 
     occupational and environmental health chemical hazard in a 
     concentration that exceeds the military exposure guidelines 
     is eligible (subject to paragraph (2)) for hospital care, 
     medical services, and nursing home care under subsection 
     (a)(2)(F) for any disability, notwithstanding that there is 
     insufficient medical evidence to conclude that such 
     disability may be associated with such exposure.'';
       (2) in paragraph (2), by adding at the end the following:
       ``(C) In the case of a veteran described in paragraph 
     (1)(F), hospital care, medical services, and nursing home 
     care may not be provided under subsection (a)(2)(F) with 
     respect to--
       ``(i) a disability that is found, in accordance with 
     guidelines issued by the Under Secretary for Health, to have 
     resulted from a cause other than an exposure described in 
     paragraph (1)(F); or
       ``(ii) a health effect for which the National Academy of 
     Sciences, in a report issued in accordance with section 1042 
     of the National Defense Authorization Act for Fiscal Year 
     2009, has determined that there is limited or suggestive 
     evidence of the lack of a positive association between 
     occurrence of the health effect in humans and exposure to an 
     occupational and environmental health chemical hazard listed 
     in the military exposure guidelines.''; and
       (3) in paragraph (4), by adding at the end the following:
       ``(C) The term `military exposure guidelines' means the 
     military exposure guidelines specified in the January 2002 
     Chemical Exposure Guidelines for Deployed Military Personnel, 
     United States Army Center for Health Promotion and Preventive 
     Medicine Technical Guide 230 (or any successor technical 
     guide that establishes military exposure guidelines for the 
     assessment of the significance of field exposures to 
     occupational and environmental health chemical hazards during 
     deployments).''.
       (b) Technical Amendment.--Section 1710(e)(4) is amended in 
     the matter before subparagraph (A) by striking ``For purposes 
     of this subsection--'' and inserting ``In this subsection:''.
                                 ______
                                 
  SA 5518. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. OIL SAVINGS.

       (a) Findings.--Congress finds that--
       (1) the United States imports more oil from the Middle East 
     today than before the attacks on the United States on 
     September 11, 2001;
       (2) the United States remains the most oil-dependent 
     industrialized nation in the world, consuming approximately 
     25 percent of the oil supply of the world;
       (3) the Department of Defense is the largest Federal 
     Government consumer of oil in the United States;
       (4) the ongoing dependence of the United States on foreign 
     oil is one of the greatest threats to the national security 
     and economy of the United States; and
       (5) the United States needs to take transformative steps to 
     wean itself from its addiction to oil.
       (b) Policy on Reducing Oil Dependence.--It is the policy of 
     the United States to reduce the dependence of the United 
     States on oil, and thereby--
       (1) alleviate the strategic dependence of the United States 
     on oil-producing countries;
       (2) reduce the economic vulnerability of the United States; 
     and
       (3) reduce the greenhouse gas emissions associated with oil 
     use.
       (c) Oil Savings Report.--
       (1) In general.--Not later than 270 days after the date of 
     enactment of this Act and every 3 years thereafter, the 
     Secretary of Defense shall submit to Congress a report on 
     options for agency action that, when taken together, would 
     save from the baseline determined under paragraph (4)--
       (A) 8 percent of the oil consumed by the Department of 
     Defense per day on average during calendar year 2016;
       (B) 35 percent of the oil consumed by the Department of 
     Defense per day on average during calendar year 2026; and
       (C) 50 percent of the oil consumed by the Department of 
     Defense per day on average during calendar year 2030.
       (2) Contents.--Each report shall--
       (A) include a description of the advantages and 
     disadvantages (including implications for national security) 
     for each option; and
       (B) not include options for an alternative or synthetic 
     fuel if the lifecycle greenhouse gas emissions associated 
     with the production and combustion of the fuel is greater 
     than the emissions from the equivalent quantity of 
     conventional fuel produced from conventional petroleum 
     sources.
       (3) Additional legislative authority.--Each report may 
     include a request to Congress for any additional legislative 
     authority that is necessary to implement any recommendations 
     made in the report.
       (4) Baseline.--In performing the analyses required for the 
     report, the Secretary of Defense (in consultation with the 
     Energy Information Administration) shall--
       (A) determine oil savings as the projected reduction in oil 
     consumption from baseline consumption by the Department of 
     Defense as established by the reference case contained in the 
     report of the Energy Information Administration entitled 
     ``Annual Energy Outlook 2008'';

[[Page S8541]]

       (B) determine the oil savings projections required on an 
     annual basis for each of calendar years 2009 through 2030; 
     and
       (C) account for any overlap among implementation actions to 
     ensure that the projected oil savings from all the 
     recommendations, taken together, are as accurate as 
     practicable.
       (d) Annual Report on Oil Savings Measures.--Not later than 
     1 year after the date of initial oil savings report under 
     subsection (c) and annually thereafter, the Secretary of 
     Defense shall submit to Congress a report that describes and 
     evaluates the oil savings measures that the Department of 
     Defense has implemented during the prior year.
       (e) Relationship to Other Laws.--Nothing in this section 
     affects the authority provided or responsibility delegated 
     under any other law.
                                 ______
                                 
  SA 5519. Mr. JOHNSON (for himself, Mr. Thune, and Ms. Stabenow) 
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 122, between lines 9 and 10, insert the following:

     SEC. 564. IMPACT AID FOR CONSOLIDATED LOCAL EDUCATIONAL 
                   AGENCIES.

       Section 8002(g) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7702(g)) is amended to read as 
     follows:
       ``(g) Former Districts.--
       ``(1) Consolidation.--[For fiscal year 2006 and all 
     succeeding fiscal years,] if the school district of a local 
     educational agency described in paragraph (2) is formed at 
     any time after 1938 by the consolidation of 2 or more former 
     school districts, the local educational agency may elect to 
     have the Secretary determine its eligibility and any amount 
     for which the local educational agency is eligible under this 
     section for any fiscal year on the basis of 1 or more of 
     those former districts, as designated by the local 
     educational agency.
       ``(2) Eligible local educational agencies.--A local 
     educational agency referred to in paragraph (1) is--
       ``(A) any local educational agency that, for fiscal year 
     1994 or any preceding fiscal year, applied for, and was 
     determined to be eligible under, section 2(c) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) as that 
     section was in effect for that fiscal year; or
       ``(B) a local educational agency whose school district is 
     formed by the consolidation of 2 or more districts, at least 
     1 of which former districts was eligible for assistance under 
     this section for the fiscal year preceding the year of the 
     consolidation, if--
       ``(i) for fiscal years 2006, 2007, 2008, and 2009, the 
     local educational agency notifies the Secretary not later 
     than 30 days after the date of enactment of the National 
     Defense Authorization Act for Fiscal Year 2009 of the 
     designation; and
       ``(ii) for fiscal year 2010 and any subsequent fiscal year, 
     the local educational agency includes the designation in its 
     application under section 8005 or any timely amendment to 
     such application.
       ``(3) Availability of funds.--Notwithstanding any other 
     provision of law limiting the period during which the 
     Secretary may obligate funds appropriated for fiscal year 
     2006, 2007, or 2008, the Secretary may obligate funds from 
     any of such fiscal years as may be necessary to carry out 
     this subsection.''.
                                 ______
                                 
  SA 5520. Mr. KERRY (for himself, Ms. Snowe, Ms. Landrieu, and Mrs. 
Boxer) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 854. EXPANDING OPPORTUNITIES FOR WOMEN ENTREPRENEURS.

       (a) Purpose.--The purpose of this section is to ensure that 
     small business concerns owned by women receive a full and 
     fair opportunity to compete for Federal contracts.
       (b) Findings.--Congress finds the following:
       (1) As a result of discrimination and barriers they have 
     faced, businesses owned and controlled by women are 
     underrepresented in our national economy.
       (2) Relevant evidence includes the following:
       (A) Numerous disparity studies conducted in every region of 
     the Nation showing disparities in the utilization of women-
     owned businesses in Federal, State, and local government 
     contracting despite their availability in relevant markets 
     and industries.
       (B) A recent RAND study showing that women-owned businesses 
     were underutilized in Federal contracting in as many as 87 
     percent of the industries in the North American Industry 
     Classification System codes.
       (C) Census data showing that despite the fact that women-
     owned companies represent 30.4 percent of all privately-held 
     firms in the Nation, they only generate approximately 4.2 
     percent of the gross domestic product of the United States.
       (D) According to the Federal Procurement Data System, the 
     portion of Federal contracts awarded to women-owned business 
     has never exceeded 3.41 percent despite the fact that there 
     has been a Federal contracting goal for women of 5 percent 
     since 1994.
       (E) Women's access to capital is important for the economy 
     and social welfare, but this access continues to be limited. 
     Of women owning larger businesses, 56 percent use commercial 
     credit. However, these statistics lag behind men's access. 
     For example, 71 percent of large male-owned businesses use 
     credit.
       (F) Reports from women owners of businesses that they are 
     subject to stereotypes about their suspected lack of 
     competence and higher performance standards than white men. 
     Those reports also show that women-owned businesses encounter 
     discrimination in obtaining loans and surety bonds, receiving 
     price quotes from suppliers, working with trade unions, 
     obtaining public and private sector prime contracts and 
     subcontracts, and being paid promptly.
       (3) Businesses owned and controlled by women make 
     exceedingly important contributions to the economy of the 
     Nation, and promoting women's business opportunities is a 
     valuable and necessary way to maintain a well functioning 
     society and is in the national interest.
       (c) Authority.--Section 8(m) of the Small Business Act (15 
     U.S.C. 637(m)) is amended--
       (1) by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) Definitions.--In this subsection--
       ``(A) the term `contracting officer' has the meaning given 
     such term in section 27(f)(5) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 423(f)(5));
       ``(B) the term `covered industry' means an industry in 
     North American Industry Classification System code 11 
     (Forestry), 21 (Mining), 22 (Utilities), 23 (Construction), 
     31 (Manufacturing), 32 (Manufacturing), 33 (Manufacturing), 
     42 (Wholesale Trade), 44 (Retail Trade), 45 (Retail Trade), 
     48 (Transportation), 49 (Transportation), 51 (Information), 
     52 (Finance and Insurance), 53 (Real Estate and Rental and 
     Leasing), 54 (Professional, Scientific, and Technical 
     Services), 56 (Administrative and Support, Waste Management, 
     and Remediation Services), 61 (Education Services), 62 
     (Health Care and Social Assistance), 71 (Arts, Entertainment, 
     and Recreation), 72 (Accommodation and Food Services), or 81 
     (Other Services), or any successor to such codes; and
       ``(C) the term `small business concern owned and controlled 
     by women' has the meaning given such term in section 3(n), 
     except that ownership shall be determined without regard to 
     any community property law.
       ``(2) Authority to restrict competition.--
       ``(A) In general.--In accordance with this subsection, a 
     contracting officer may restrict competition for any contract 
     for the procurement of goods or services by the Federal 
     Government to small business concerns owned and controlled by 
     women if--
       ``(i) each of the small business concerns owned and 
     controlled by women is not less than 51 percent owned by 1 or 
     more women who are economically disadvantaged (and such 
     ownership shall be determined without regard to any community 
     property law);
       ``(ii) the contracting officer has a reasonable expectation 
     that 2 or more small business concerns owned and controlled 
     by women will submit offers for the contract;
       ``(iii) the contract is for the procurement of goods or 
     services with respect to a covered industry;
       ``(iv) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price;
       ``(v) each small business concern owned and controlled by 
     women is certified in a manner described in subparagraph (B); 
     and
       ``(vi) the anticipated award price of the contract does not 
     exceed--

       ``(I) $5,500,000 in the case of a contract in an industry 
     with a North American Industry Classification System code 
     that corresponds to manufacturing; and
       ``(II) $3,500,000 in the case of all other contracts.

       ``(B) Acceptance of certification.--For purposes of 
     subparagraph (A)(v), a contracting officer shall accept a 
     certification that a business concern is a small business 
     concern owned and controlled by women if such certification 
     is made by--
       ``(i) a Federal department or agency or a State or local 
     government;
       ``(ii) a national certifying entity approved by the 
     Administrator; or
       ``(iii) the business concern, if the business concern--

       ``(I) submits a certification that it is a small business 
     concern owned and controlled by women; and
       ``(II) provides adequate documentation in accordance with 
     standards established by the Administrator to support the 
     certification.

       ``(C) No past finding of discrimination required.--A 
     contracting officer may restrict competition under this 
     paragraph regardless of whether the contracting officer makes 
     a finding of past gender discrimination by the contracting 
     agency.

[[Page S8542]]

       ``(3) Deadline.--Not later than 90 days after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2009, the Administrator shall--
       ``(A) approve national certifying entities for the purposes 
     of paragraph (2)(B)(ii); and
       ``(B) establish the standards described in paragraph 
     (2)(B)(iii).
       ``(4) Waiver.--With respect to a small business concern 
     owned and controlled by women, the Administrator may waive 
     paragraph (2)(A)(i) if the Administrator determines that the 
     small business concern owned and controlled by women is in an 
     industry in which small business concerns owned and 
     controlled by women are substantially under-represented in 
     Federal contracting.'';
       (2) in paragraph (5)--
       (A) by striking ``(2)(F)'' in each place it appears and 
     inserting ``(2)(B)''; and
       (B) by adding at the end the following:
       ``(D) Protests by small business concerns.--For purposes of 
     this paragraph, the term `interested party' shall include any 
     small business concern.''; and
       (3) by adding at the end the following:
       ``(7) Sunset.--The authority under this subsection to 
     restrict competition for a contract to small business 
     concerns owned and controlled by women shall terminate 5 
     years after the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2009.''.
       (d) Procedures.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall establish the procedures 
     relating to the verification of eligibility required by 
     paragraph (5)(A) of section 8(m) of the Small Business Act 
     (15 U.S.C. 637(m)).
       (e) Mentor-Protege Program.--The Administrator of the Small 
     Business Administration shall establish a mentor-protege 
     program for small business concerns owned and controlled by 
     women (as that term is defined in section 3 of the Small 
     Business Act (15 U.S.C. 632)), modeled on the mentor-protege 
     program of the Small Business Administration for small 
     businesses participating in programs under section 8(a) of 
     the Small Business Act (15 U.S.C. 637(a)). Any funds 
     authorized to be appropriated for the program under this 
     subsection, shall supplement and not supplant, funds 
     available for mentor-protege programs in operation on the day 
     before the date of enactment of this Act.
                                 ______
                                 
  SA 5521. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1233. REPORT ON UNITED STATES POLICY TOWARD DARFUR, 
                   SUDAN.

       (a) Reports Required.--
       (1) Initial report.--Not later than 270 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Secretary of State shall jointly submit to the 
     appropriate congressional committees a report on--
       (A) the policy of the United States to address the inter-
     related crises in the Darfur region of Sudan, eastern Chad, 
     and north-eastern Central African Republic; and
       (B) the contributions of the Department of Defense and the 
     Department of State to the North Atlantic Treaty Organization 
     (NATO), the United Nations, and the African Union in support 
     of the United Nations Mission in Darfur (UNAMID), the United 
     Nations Mission in the Central African Republic and Chad 
     (MINURCAT), and the European Union mission in Eastern Chad 
     (EUFOR) to address the crises in Darfur and the surrounding 
     region.
       (2) Update.--Not later than 180 days after the submission 
     of the report required under paragraph (1), the Secretary of 
     Defense and the Secretary of State shall jointly submit to 
     the appropriate congressional committees an update of the 
     report highlighting changes in the situation.
       (b) Content.--The report required under subsection (a) 
     shall include the following elements:
       (1) A comprehensive explanation of the security, political, 
     and economic policy of the United States to address the 
     crises in the Darfur region of Sudan, eastern Chad, and 
     north-eastern Central African Republic, and the activities 
     undertaken by the Department of Defense and the Department of 
     State in support of that policy, including--
       (A) a description of contributions of financial assistance, 
     training, and military equipment in support of UNAMID, 
     MINURCAT, and EUFOR;
       (B) a description of United States efforts to help move the 
     political process toward a peaceful resolution, including 
     efforts to support the full implementation of the terms of 
     the 2005 Comprehensive Peace Agreement (CPA) and the 2006 
     Darfur Peace Agreement (DPA), and an assessment of the 
     factors impeding the implementation of the CPA and DPA;
       (C) a description of United States humanitarian and 
     development assistance to the Darfur region of Sudan, eastern 
     Chad, and north-eastern Central African Republic; and
       (D) a description of United States efforts and strategy to 
     improve security conditions in Chad.
       (2) An assessment of the conduct of the Government of Sudan 
     in facilitating or obstructing progress with respect to--
       (A) the deployment and access of United Nations 
     peacekeeping forces to conflict areas;
       (B) the full implementation of the DPA, including 
     demobilization and disarmament of the Janajweed militias;
       (C) the voluntary safe return of internally displaced 
     persons and refugees;
       (D) security for humanitarian aid workers and access to 
     persons in need, including maintenance of secure supply 
     routes; and
       (E) importation and distribution within Sudan of supplies 
     and equipment necessary for the full deployment and 
     maintenance of United Nations peacekeeping forces' camps and 
     operations.
       (3) A description of international funding and equipment 
     contributions to UNAMID, the composition of countries making 
     up UNAMID forces, and the distribution and deployment of 
     supplies, equipment, and personnel and an assessment of 
     whether UNAMID forces are capable of carrying out their 
     responsibilities as defined by United Nations Security 
     Council Resolution 1769 (2007), including a description of 
     the factors impeding their force deployment and operational 
     effectiveness.
       (4)(A) A description of--
       (i) the relations of the Government of the People's 
     Republic of China with the Government of Sudan;
       (ii) the activities of the Government of the People's 
     Republic of China in Sudan, including involvement in 
     peacekeeping activities;
       (iii) United States engagement with the People's Republic 
     of China regarding Sudan; and
       (iv) the quantity and type of arms and related materiel 
     sold by the People's Republic of China, or entities operating 
     under its jurisdiction, to the Government of Sudan.
       (B) An assessment as to whether any arms sold directly, or 
     through intermediaries, by the People's Republic of China, 
     Russia, or any other member of the United Nations to the 
     Government of Sudan constitute a violation of--
       (i) the embargo on the provision of arms and related 
     materiel as imposed by United Nations Security Council 
     Resolution 1556 (2004); or
       (ii) the embargo on the provision of arms and related 
     materiel to the parties of the N'Djamena Ceasefire Agreement 
     and all other belligerents in the states of North Darfur, 
     South Darfur, and West Darfur, as imposed by United Nations 
     Security Council Resolution 1591 (2005).
       (5) An assessment of the security conditions in Sudan, 
     including--
       (A) the levels and location of violence and the parties to 
     violence;
       (B) the underlying factors contributing to violence and the 
     state of negotiations between parties to armed conflict;
       (C) violent acts carried out against refugees, displaced 
     persons, humanitarian organizations, and peacekeeping forces, 
     and the Government of Sudan's role in supporting or 
     preventing these acts;
       (D) the number, composition, and location of refugees and 
     internally displaced persons stemming from conflict in Sudan;
       (E) the impact of the crisis in the Darfur region of Sudan 
     on security conditions in eastern Chad, north-eastern Central 
     African Republic, and the region; and
       (F) the impact of arms embargoes against the Government of 
     Sudan on security conditions in eastern Chad, north-eastern 
     Central African Republic, and the Darfur region of Sudan.
       (c) Form.--The report and update required under subsection 
     (a) shall be submitted in unclassified form, but may contain 
     a classified annex.
       (d) Availability.--The unclassified portion of the report 
     and update submitted under subsection (a) shall be made 
     available to the public.
       (e) Repeal of Superseded Reporting Requirement.--Section 
     1262 of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 405) is hereby 
     repealed.
       (f) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Government of sudan.--The term ``Government of 
     Sudan''--
       (A) means the government in Khartoum, Sudan, which is led 
     by the National Congress Party (formerly known as the 
     National Islamic Front) or any successor government formed on 
     or after October 13, 2006 (including the coalition National 
     Unity Government agreed upon in the Comprehensive Peace 
     Agreement for Sudan); and
       (B) does not include the regional government of southern 
     Sudan.
       (3) Military equipment.--The term ``military equipment'' 
     means--
       (A) weapons, arms, military supplies, and equipment that 
     readily may be used for military purposes, including radar 
     systems or military-grade transport vehicles; and

[[Page S8543]]

       (B) supplies or services sold or provided directly or 
     indirectly to any force actively participating in armed 
     conflict in Sudan.
                                 ______
                                 
  SA 5522. Mr. LEVIN (for himself and Mr. Reed) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1041. SENSE OF SENATE ON IRAQ AND THE NEED FOR AN 
                   EFFECTIVE STRATEGY FOR IRAQ AND AFGHANISTAN TO 
                   ADDRESS THE TERRORIST THREAT.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States Armed Forces have performed 
     brilliantly in Iraq and Afghanistan and have worked 
     tirelessly to carry out the missions they were given. The 
     families of those in the Armed Forces have provided strong 
     support and contributed to the success of the Armed Forces.
       (2) The cost of the war in Iraq is enormous, more than 
     $600,000,000,000 since 2003.
       (3) More than 4,000 Americans have died in Iraq, and more 
     than 30,000 have been wounded.
       (4) Multiple and extended deployments have overstreched the 
     military and depleted equipment, leading the Army Vice Chief 
     of Staff to say in April 2008 that ``Today our Army is out of 
     balance. The current demand for forces in Iraq and 
     Afghanistan exceeds our sustainable supply of soldiers, of 
     units and equipment, and limits our ability to provide ready 
     forces for other contingencies. Our readiness, quite frankly, 
     is being consumed as fast as we can build it''.
       (5) In his address to the Nation on January 10, 2007, the 
     President announced the surge of five United States combat 
     brigades consisting of approximately 30,000 additional United 
     States combat troops.
       (6) The President stated that the surge would create a 
     situation where ``the (Iraqi) government will have the 
     breathing space it needs to make progress in other critical 
     areas'' and ``reducing the violence in Baghdad will help make 
     reconciliation possible''.
       (7) The President described Iraq's commitment as follows: 
     ``To establish its authority, the Iraqi government plans to 
     take responsibility for security in all of Iraq's provinces 
     by November (2007). To give every Iraqi citizen a stake in 
     the country's economy, Iraq will pass legislation to share 
     oil revenues among all Iraqis. To show that it is committed 
     to delivering a better life, the Iraqi government will spend 
     $10 billion of its own money on reconstruction and 
     infrastructure projects that will create new jobs. To empower 
     local leaders, Iraqis plan to hold provincial elections later 
     this year (2007). And to allow more Iraqis to re-enter their 
     nation's political life, the government will reform de-
     Baathification laws, and establish a fair process for 
     considering amendments to Iraq's constitution''.
       (8) A number of factors led to the decrease in violence in 
     Iraq. Increased numbers of United States Armed Forces 
     deployed to Iraq, the use of enhanced United States special 
     operations, the emergence of the Anbar Awakening starting in 
     2006, the 2007 and 2008 ceasefires of the Jaysh al-Mahdi, and 
     the improved capability of the Iraqi Army produced tangible 
     improvements in the security situation in Iraq.
       (9) The Government of Iraq has not reached the political 
     accommodation that was the stated purpose of the surge. The 
     Government of Iraq has still not enacted an oil revenue 
     sharing law, enacted a provincial election law necessary for 
     regional elections, considered changes to its constitution, 
     completed steps to disband and integrate militias, or 
     adequately dealt with the enormous number of refugees and 
     internally displaced citizens.
       (10) Preserving the hard-fought gains of United States 
     troops in Iraq depends upon compromise and accommodation 
     among the Iraqi political leaders and an increase in 
     governmental capacity by the Government of Iraq.
       (11) The open-ended commitment of United States forces to 
     Iraq takes the pressure off the Iraq leaders to take the 
     political steps essential to ending the conflict.
       (12) The United States is spending an average of 
     $10,000,000,000 per month while the Iraqi government is 
     projected to achieve a budget surplus of $79,000,000,000 by 
     the end of this year.
       (13) To date, United States taxpayers have paid 
     approximately $48,000,000,000 for stabilization and 
     reconstructions activities in Iraq.
       (14) Iraq's overall rate of budget execution has declined 
     in each of the last three years, from 73 percent in 2005 to 
     65 percent in 2007. The Government of Iraq spent only 28 
     percent of its $12,200,000,000 capital investment budget in 
     2007. Furthermore, the rate of execution for budgeted capital 
     investments by Iraq's central ministries decreased from 14 
     percent in 2005 to 11 percent in 2007.
       (15) The United States Ambassador to Iraq, Ryan Crocker, 
     who previously served as United States Ambassador to 
     Pakistan, testified before Congress on April 8, 2008, that al 
     Qaeda poses a greater strategic threat in the Afghanistan-
     Pakistan border area than in Iraq.
       (16) Afghanistan and Pakistan are the central front in the 
     fight against terrorism.
       (17) Al Qaeda has regrouped in Pakistan. According to the 
     July 2007 National Intelligence Estimate, al Qaeda, ``has 
     protected or regenerated key elements of its Homeland attack 
     capability, including: a safehaven in the Pakistan Federally 
     Administered Tribal Areas (FATA), operational lieutenants, 
     and its top leadership. . . As a result, we judge that the 
     United States currently is in a heightened threat 
     environment''.
       (18) The Taliban has surged in Afghanistan and violence is 
     increasing. June was the second deadliest month in 
     Afghanistan since the war began, with 23 American deaths from 
     hostilities, compared with 22 in Iraq. Improvised explosive 
     device attacks have risen sharply, reaching a high of 2,615 
     in 2007, up from 1,931 in 2006.
       (19) Poppy fields in Afghanistan produce 93 percent of the 
     world's opium, which is used by the Taliban to finance the 
     insurgency.
       (20) Admiral Michael Mullen, Chairman of the Joint Chiefs 
     of Staff, said on August 28, 2008, that there is a ``very 
     real, urgent requirement'' for more troops in Afghanistan.
       (21) Admiral Michael Mullen cautioned on September 10, 2008 
     the United States was ``running out of time'' in Afghanistan. 
     . . and ``I'm not convinced we are winning it in Afghanistan. 
     I am convinced we can''.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to honor the exemplary service, commend the bravery, 
     and recognize the successes of the men and women of the 
     United States Armed Forces in Iraq and Afghanistan and thank 
     their families for their sacrifices; and
       (2) that the President of the United States should promptly 
     promulgate and implement a strategy which--
       (A) resets and rebuilds the United States Armed forces to 
     confront national security challenges around the world, 
     including Afghanistan;
       (B) will promote success in Iraq by redeploying United 
     States combat troops from Iraq in a deliberate manner on a 
     timeline that is militarily sound within the context of all 
     threats facing the nation and ensures the safety of our 
     forces, and will help pressure the Iraqis to take control and 
     responsibility for their country and make the difficult 
     decisions to resolve the political differences between Iraqi 
     factions; and
       (C) will succeed in the central front in the global war on 
     terror, specifically in Afghanistan and Pakistan, and will 
     capture or kill Usama bin Laden and the senior Al Qaeda 
     leadership.
                                 ______
                                 
  SA 5523. 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 Fort Polk, Louisiana.'';
       (2) in subsection (b), by striking ``The Secretary of the 
     Navy'' and inserting ``The Secretaries of the Army and 
     Navy'';
       (3) in subsection (d)(1), by striking ``The Secretary of 
     the Navy'' and inserting ``The Secretaries of the Army and 
     Navy'';
       (4) in subsection (e)(1), by striking ``The Secretary of 
     the Navy shall transmit'' and inserting ``The Secretaries of 
     the Army and Navy shall each transmit''; and
       (5) in subsection (f)--
       (A) by striking ``The authority'' and inserting ``(1) The 
     authority''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The authority of the Secretary of the Army to enter 
     into a contract under the pilot program shall expire 
     September 30, 2010.''.
                                 ______
                                 
  SA 5524. Mr. REID (for Mr. Kennedy (for himself, Mr. Isakson, Mrs. 
Murray, Mr. Coleman, and Mr. Kerry)) submitted an amendment intended to 
be proposed by Mr. Reid to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S8544]]


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

     SEC. 652. HELMETS-TO-HARDHATS PROGRAM.

       (a) Additional Authorization of Appropriations for Military 
     Personnel.--The amount authorized to be appropriated for 
     fiscal year 2009 by section 421 for military personnel is 
     hereby increased by $3,500,000.
       (b) Availability for Helmets-to-Hardhats Program.--
       (1) In general.--Of the amount authorized to be 
     appropriated for fiscal year 2009 by section 421 for military 
     personnel, as increased by subsection (a), $3,500,000 is 
     available for the Helmets-to-Hardhats Program.
       (2) Supplement not supplant.--The amount available under 
     paragraph (1) for the Helmets-to-Hardhats Program is in 
     addition to any other amounts available in this Act for that 
     program.
       (c) Helmets-to-Hardhats Program Defined.--In this section, 
     the term ``Helmets-to-Hardhats Program'' means the program 
     conducted by the Center for Military Recruitment, Assessment 
     and Veterans Employment (a nonprofit labor-management co-
     operation committee) to facilitate access by veterans to 
     opportunities for skilled employment in the construction 
     industry.
                                 ______
                                 
  SA 5525. Mr. REID (for Mr. Kennedy) submitted an amendment intended 
to be proposed by Mr. Reid to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 68, between lines 6 and 7, insert the following:

     SEC. 257. PROGRAM FOR NANOTECHNOLOGY MANUFACTURING FOR AIR 
                   FORCE SYSTEMS.

       (a) Program Authorized.--The Secretary of the Air Force may 
     establish a program for nanotechnology manufacturing housed 
     within the Air Force Materiel Command to support development 
     of technologies and capabilities to support Air Force mission 
     performance that has as its mission the development, 
     acquisition, modernization, and integration of net-centric 
     command and control, intelligence, surveillance, and 
     reconnaissance capabilities and combat support information 
     systems. The program should utilize specialized expertise 
     in--
       (1) the management of the development and acquisition of 
     electronic command and control systems;
       (2) the identification and determination of the needs of 
     operational users; and
       (3) systems acquisition management and oversight, including 
     defining systems to best meet the needs of operational users, 
     including by soliciting proposals from industry, selecting 
     contractors, and monitoring progress.
       (b) Program Elements.--The Program may include the 
     following elements:
       (1) Innovative research and development on nanotechnologies 
     and nanotechnology manufacturing technologies.
       (2) Development of nanotechnology manufacturing 
     capabilities to support the needs of the Air Force and the 
     Department of Defense.
       (3) Establishment of research and manufacturing centers to 
     support the Program.
       (4) Identification and determination of the needs of 
     operational users.
       (5) Program management and oversight, including identifying 
     nanotechnologies and operational user needs, soliciting 
     proposals from industry and academia, selecting contractors, 
     and funding appropriate research and development efforts.
       (c) Coordination.--The Program shall be coordinated with--
       (1) appropriate elements of industry, academia, and 
     federally funded research centers, including an institution 
     of higher education to provide management and research 
     support that has demonstrated expertise in the program 
     elements set forth in subsection (b); and
       (2) other entities as determined by the Secretary of the 
     Air Force.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     a report to the congressional defense committees on 
     activities undertaken under this section.
                                 ______
                                 
  SA 5526. Mr. REID (for Mr. Kennedy) submitted an amendment intended 
to be proposed by Mr. Reid to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1083. DESIGNATION OF USS CONSTITUTION AS AMERICA'S SHIP 
                   OF STATE.

       (a) Findings.--Congress makes the following findings:
       (1) The 3rd Congress authorized, in the Act entitled ``An 
     Act to Provide a Naval Armament'', approved on March 27, 1794 
     (1 Stat. 350, Chap. XII), the construction of six frigates as 
     the first ships to be built for the United States Navy.
       (2) One of the six frigates was built in Boston between 
     1794 and 1797, and is the only one of the original six ships 
     to survive.
       (3) President George Washington named this frigate 
     ``Constitution'' to represent the Nation's founding document.
       (4) President Thomas Jefferson, asserting the right of the 
     United States to trade on the high seas, dispatched the 
     frigate CONSTITUTION in 1803 as the flagship of the 
     Mediterranean Squadron to end the depredations of the Barbary 
     States against United States ships and shipping, which led to 
     a treaty being signed with the Bashaw of Tripoli in the 
     Captain's cabin aboard the frigate CONSTITUTION on June 4, 
     1805.
       (5) The frigate CONSTITUTION, with her defeat of HMS 
     GUERRIERE, secured the first major victory by the young 
     United States Navy against the Royal Navy during the War of 
     1812, gaining in the process the nickname ``Old Ironsides'', 
     which she has proudly carried since.
       (6) Congress awarded gold medals to four of the ship's 
     commanding officers (Preble, Hull, Stewart, and Bainbridge), 
     a record unmatched by any other United States Navy vessel.
       (7) The frigate CONSTITUTION emerged from the War of 1812 
     undefeated, having secured victories over three additional 
     ships of the Royal Navy.
       (8) As early as May 1815, the frigate CONSTITUTION had 
     already been adopted as a symbol of the young Republic, as 
     attested by the [Washington] National Intelligencer which 
     proclaimed, ``Let us keep `Old Ironsides' at home. She has, 
     literally become the Nation's Ship . . . and should thus be 
     preserved . . . in honorable pomp, as a glorious Monument of 
     her own, and our other Naval Victories.''.
       (9) Rumors in 1830 that ``Old Ironsides,'' an aging 
     frigate, was about to be scrapped resulted in a public uproar 
     demanding that the ship be restored and preserved, spurred by 
     Oliver Wendell Holmes' immortal poem ``Old Ironsides''.
       (10) ``Old Ironsides'' circumnavigated the world between 
     1844 and 1846, showing the American flag as she searched for 
     future coaling stations that would eventually fuel the steam-
     powered navy of the United States.
       (11) The first Pope to set foot on United States sovereign 
     territory was Pius IX onboard the frigate Constitution in 
     1849.
       (12) ``Old Ironsides'' helped evacuate the United States 
     Naval Academy from Annapolis, Maryland, to Newport, Rhode 
     Island, in 1860 to prevent this esteemed ship from falling 
     into Confederate hands.
       (13) Congressman John F. ``Honey Fitz'' Fitzgerald 
     introduced legislation in 1896 to return ``Old Ironsides'' 
     from the Portsmouth (New Hampshire) Naval Shipyard, where she 
     was moored pier side and largely forgotten, to Boston for her 
     100th birthday.
       (14) Thousands of school children contributed pennies 
     between 1925 an 1927 to help fund a much needed restoration 
     for ``Old Ironsides''.
       (15) Between 1931 and 1934, more than 4,500,000 Americans 
     gained inspiration, at the depth of the Great Depression, by 
     going aboard ``Old Ironsides'' as she was towed to 76 ports 
     on the Atlantic, Gulf, and Pacific coasts.
       (16) The 83rd Congress enacted the Act of July 23, 1954 (68 
     Stat. 527, chapter 565), which directed the Secretary of the 
     Navy to transfer to the States and appropriate commissions 
     four other historic ships then on the Navy inventory, and to 
     repair and equip USS CONSTITUTION, as much as practicable, to 
     her original condition, but not for active service.
       (17) Queen Elizabeth II paid a formal visit to USS 
     CONSTITUTION in 1976, at the start of her state visit marking 
     the Bicentennial of the United States.
       (18) The USS CONSTITUTION, in celebration of her 
     bicentennial, returned to sea under sail on July 21, 1997 for 
     the first time since 1881, proudly setting sails purchased by 
     the contributions of thousands of pennies given by school 
     children across the United States.
       (19) The USS CONSTITUTION is the oldest commissioned 
     warship afloat in the world.
       (20) The USS CONSTITUTION is a National Historic Landmark.
       (21) The USS CONSTITUTION continues to perform official, 
     ceremonial duties, including in recent years hosting a 
     congressional dinner honoring the late Senator John Chafee of 
     Rhode Island, a special salute for the dedication of the John 
     Moakley Federal Courthouse, a luncheon honoring British 
     Ambassador Sir David Manning, and a special underway 
     demonstration during which 60 Medal of Honor recipients each 
     received a personal Medal of Honor flag.
       (22) The USS CONSTITUTION celebrated on October 21, 2007, 
     the 210th anniversary of her launching.
       (23) The USS CONSTITUTION will remain a commissioned ship 
     in the United States Navy, with the Navy retaining control of 
     the ship, its material condition, and its employment.
       (24) The USS CONSTITUTION'S primary mission will remain 
     education and public outreach, and any Ship of State 
     functions will be an adjunct to the ship's primary mission.
       (b) Designation as America's Ship of State.--

[[Page S8545]]

       (1) In general.--The USS Constitution is hereby designated 
     as ``America's Ship of State''.
       (2) References.--The USS Constitution may be known or 
     referred to as ``America's Ship of State''.
       (3) Sense of congress.--It is the sense of Congress that 
     the President, Vice President, executive branch officials, 
     and members of Congress should utilize the USS CONSTITUTION 
     for the conducting of pertinent matters of state, such as 
     hosting visiting heads of state, signing legislation relating 
     to the Armed Forces, and signing maritime related treaties.
       (4) Fee or reimbursement structure for non-department of 
     the navy use.--The Secretary of the Navy shall determine an 
     appropriate fee or reimbursement structure for any non-
     Department of the Navy entities using the USS CONSTITUTION 
     for Ship of State purposes.
                                 ______
                                 
  SA 5527. Mr. REID (for Mr. Kennedy (for himself, Mr. Biden, Mr. Bayh, 
and Mrs. McCaskill)) submitted an amendment intended to be proposed Mr. 
Reid to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 344. REPORT ON RAPID FIELDING CAPABILITIES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report on each military service's program and 
     any joint programs for rapidly equipping or meeting the needs 
     of forces engaged in ongoing combat operations.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A description of the process used by each service 
     individually or through a joint program.
       (2) An assessment of the ease with which those in combat 
     operations are able to request needed equipment.
       (3) An assessment of how quickly each service is able to 
     evaluate requests originated by those in combat operations.
       (4) An explanation of any institutional or budgetary 
     pressures that slow down each service's ability to provide 
     the requests that come from those in combat operations.
       (5) A cost benefit analysis of unifying the rapid fielding 
     of equipment as a joint program office.
       (6) An assessment of the methods used by each military 
     service to evaluate the effectiveness of the service's rapid 
     fielding program.
       (7) An assessment of the nature and extent of senior leader 
     visibility and participation in resolving urgent needs 
     requests.
       (8) An assessment of the impacts urgent needs acquisitions 
     have on the broader acquisition programs of a service.
       (9) An assessment of the speed with which urgent needs 
     requests are evaluated and resolved and the sufficiency of 
     the resolutions.
       (10) Recommendations for making improvements and mitigating 
     and resolving issues associated with the matters discussed in 
     paragraphs (1) through (9).
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form to the maximum extent 
     practicable, but may contain a classified annex, if 
     necessary.
                                 ______
                                 
  SA 5528. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) In General.--Each Secretary of a military department 
     shall take appropriate actions to ensure that each member and 
     unit of the Armed Forces (including members and units of the 
     National Guard and Reserve) under the jurisdiction of such 
     Secretary that has served in the Armed Forces since March 20, 
     2003, has been awarded each decoration, medal, citation, 
     commendation, or other military award to which such member or 
     unit is entitled by reason of service in the Armed Forces 
     since that date.
       (b) Review of Processes.--In furtherance of meeting the 
     requirement in subsection (a), the Secretary of the military 
     department concerned shall provide for a review of the 
     processes relied on to ensure accuracy in the delivery of 
     military awards for service in the Armed Forces since March 
     20, 2003, in order to determine whether any decorations, 
     medals, citations, commendations, or other awards to be 
     awarded as described in that subsection have yet to be 
     awarded.
       (c) Procedures for Expedited Review of Certain Awards.--
       (1) In general.--Each Secretary of a military department 
     shall review the procedures of such military department to 
     ensure timely review by general officers or flag officers, as 
     applicable, of recommendations for the award by such military 
     department of decorations medals, badges, or other military 
     awards for service in combat or under hostile fire that 
     require the approval of a general or flag officer.
       (2) Consultation.--The Secretary of the Army and the 
     Secretary of the Air Force shall each consult with the 
     adjutants general of the States under the jurisdiction of 
     such Secretary in conducting the reviews of procedures under 
     paragraph (1).
       (d) Report on Progress in Award.--Not later than one year 
     after the date of the enactment of this Act, each Secretary 
     of a military department shall submit to Congress a report on 
     the reviews required by subsections (b) and (c).
                                 ______
                                 
  SA 5529. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 216. SENSE OF SENATE ON DEMONSTRATION OF THE SENIOR YEAR 
                   ELECTRO-OPTICAL RECONNAISSANCE SYSTEM ON THE 
                   JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM.

       (a) Findings.--The Senate makes the following findings:
       (1) For fiscal year 2008, Congress appropriated $16,000,000 
     to demonstrate the Senior Year Electro-Optical Reconnaissance 
     System (SYERS) electro-optical sensor on the E-8 Joint 
     Surveillance Target Attack Radar System (JSTARS) to fulfill a 
     requirement for a combat identification capability on the 
     Joint Surveillance Target Attack Radar System.
       (2) To date, $1,500,000 of such funds have been obligated 
     for a feasibility study to determine how to install and 
     employ the Senior Year Electro-Optical Reconnaissance System 
     on the Joint Surveillance Target Attack Radar System.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of the Air Force should obligate the entire 
     $16,000,000 appropriated for fiscal year 2008 for a 
     demonstration of the Senior Year Electro-Optical 
     Reconnaissance System on the Joint Surveillance Target Attack 
     Radar System only for the purpose of demonstrating or 
     integrating the Senior Year Electro-Optical Reconnaissance 
     System on the Joint Surveillance Target Attack Radar System.
                                 ______
                                 
  SA 5530. 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 of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 854. BIENNIAL REVIEW OF THE SMALL ARMS INDUSTRIAL BASE.

       Section 2473(c) of title 10, United States Code, is 
     amended--
       (1) by striking ``In this section'' and inserting ``(1) In 
     this section'';
       (2) by inserting before the period at the end the 
     following: ``, and any subsequent modifications to such list 
     of firms pursuant to the review required by paragraph (2)''; 
     and
       (3) by adding at the end the following new paragraph:
       ``(2) The Secretary of the Army shall direct the Army 
     Science Board, not later than January 1, 2009, and every two 
     years thereafter, to review and determine, based upon 
     manufacturing capability and capacity--
       ``(A) 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
       ``(B) whether any of the small arms listed in subsection 
     (d) should be eliminated or modified and whether any 
     additional small arms, such as handguns, including revolvers 
     or pistols, should be included in the list.''.
                                 ______
                                 
  SA 5531. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S8546]]


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

     SEC. 556. PROSPECTIVE APPLICABILITY OF REQUIREMENT FOR 
                   OBTAINING ASSOCIATES DEGREE FOR NON-SENIOR 
                   MILITARY INSTRUCTORS IN THE JUNIOR RESERVE 
                   OFFICERS' TRAINING CORPS PROGRAM.

       Section 2033(c)(2)(B) of title 10, United States Code, is 
     amended by striking ``Award'' and inserting ``Effective for 
     individuals who commence employment as non-senior military 
     instructors under the program after October 17, 2006, 
     award''.
                                 ______
                                 
  SA 5532. 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:

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

     SEC. 314. STUDY AND EVALUATION OF POLICIES CONCERNING THE RE-
                   USE, RE-REFINING, OR RECYCLING OF USED FUELS 
                   AND LUBRICATING OILS.

       (a) Study and Evaluation.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report reviewing the policies and programs of the 
     Department of Defense concerning the re-use, re-refining, or 
     recycling of used fuels and lubricating oils for the purpose 
     of identifying cost-savings, energy conservation, and 
     environmental benefits.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an evaluation of the existing closed loop recycling 
     process;
       (2) an identification of what regulatory or other barriers 
     may exist that constrain the ability of the Department of 
     Defense to re-use, re-refine, or recycle used fuels and 
     lubricating oils; and
       (3) an estimate of projected cost-savings, energy 
     conservation, and environmental benefits through these 
     Department of Defense programs.
                                 ______
                                 
  SA 5533. Mr. BURR (for himself, Mrs. Clinton, Mr. Alexander, Mr. 
Inhofe, Mr. Wicker, and Mr. Isakson) submitted an amendment intended to 
be proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1068. ACCEPTANCE OF CHARITABLE GIFTS ON BEHALF OF 
                   WOUNDED AND ILL MEMBERS OF THE ARMED FORCES BY 
                   FIRST GENERAL OR FLAG OFFICER IN CHAIN OF 
                   COMMAND OF UNITS COMPRISED OF WOUNDED AND ILL 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Section 2601(b) of title 10, United States 
     Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) Under regulations prescribed by the Secretary of 
     Defense, the first general or flag officer in the chain of 
     command of a unit comprised exclusively of members of the 
     armed forces described in paragraph (1)(A) (as determined 
     without taking into account members of such unit performing 
     command or administrative duties with respect to such unit or 
     of a unit that includes such members) may accept, hold, 
     administer, and spend gifts, devises, or bequests of personal 
     property, money, or services for the benefit of the members 
     of the armed forces described in paragraph (1)(A) after 
     consultation with a judge advocate or attorney from the 
     office of general counsel of the armed force concerned.
       ``(B)(i) Except as provided in clause (ii), the amount of 
     any gift, devise, or bequest accepted by the officer 
     specified in subparagraph (A) may not exceed $50,000.
       ``(ii) The amount a gift, devise, or bequest accepted by 
     the officer specified in subparagraph (A) may exceed $50,000 
     under such circumstances, if any, as the Secretary of Defense 
     may specify in the regulations prescribed under this 
     paragraph.
       ``(C) Nothing in subparagraph (A) or (B) shall be construed 
     to require an officer specified in subparagraph (A) to accept 
     or reject offers of gifts.
       ``(D) Offers of gifts to units described in subparagraph 
     (A), or to the members of such units as described in that 
     subparagraph, may be processed in accordance with the other 
     provisions of this section.''.
       (b) Report on Utilization of Authorities.--Not later than 
     18 months after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to Congress a report on the 
     utilization of the authorities provided in paragraph (2) of 
     section 2601(b) of title 10, United States Code (as amended 
     by subsection (a)). The report shall include the following:
       (1) A description of the authorities in paragraph (2) of 
     section 2601(b) of title 10, United States Code (as so 
     amended), including a description of any limitations on such 
     authorities under the regulations required by that paragraph.
       (2) A description of the gifts, devises, and bequests 
     accepted under such authorities, and of the administration 
     and use of any gifts, devises, and bequests so accepted.
       (3) An assessment of the utility of such authorities in 
     assisting commanders of units comprised of wounded and ill 
     members of the Armed Forces in carrying out the mission of 
     such units.
                                 ______
                                 
  SA 5534. Mr. CHAMBLISS (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       (a) Provision of Transitional Health Care.--Section 
     1145(a)(2) of title 10, United States Code, is amended by 
     adding at the end the following new subparagraph:
       ``(F) A member who is separated from active duty who agrees 
     to become a member of the Selected Reserve of the Ready 
     Reserve of a reserve component.''.
       (b) Effective Date.--Subparagraph (F) of section 1145(a)(2) 
     of title 10, United States Code, as added by subsection (a), 
     shall apply with respect to members of the Armed Forces who 
     are separated from active duty after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 5535. Mr. BARRASSO (for himself and Mr. Enzi) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2822. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, 
                   CHEYENNE, WYOMING.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the County of Laramie, Wyoming (in this section 
     referred to as the ``County'') all right, title, and interest 
     of the United States in and to a parcel of real property, 
     including any improvements thereon and appurtenant easements 
     thereto, consisting of approximately 73 acres along the 
     southeastern boundary of F.E. Warren Air Force Base, 
     Cheyenne, Wyoming, for the purpose of removing the property 
     from the boundaries of the installation and permitting the 
     County to preserve the entire property for healthcare 
     facilities.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the County shall provide the United States 
     consideration, whether by cash payment, in-kind consideration 
     as described under paragraph (2), or a combination thereof, 
     in an amount that is not less than the fair market value of 
     the conveyed real property, as determined by the Secretary.
       (2) In-kind consideration.--In-kind consideration provided 
     by the County under paragraph (1) may include the 
     acquisition, construction, provision, improvement, 
     maintenance, repair, or restoration (including environmental 
     restoration), or combination thereof, of any facilities or 
     infrastructure relating to the security of F.E. Warren Air 
     Force Base, that the Secretary considers acceptable.
       (3) Relation to other laws.--Sections 2662 and 2802 of 
     title 10, United States Code, shall not apply to any new 
     facilities or infrastructure received by the United States as 
     in-kind consideration under paragraph (2).
       (4) Notice to congress.--The Secretary shall provide 
     written notification to the congressional defense committees 
     of the types and value of consideration provided the United 
     States under paragraph (1).
       (5) Treatment of cash consideration received.--Any cash 
     payment received by the United States under paragraph (1) 
     shall be deposited in the special account in the Treasury 
     established under subsection (b) of section 572 of title 40, 
     United States Code, and shall be available in accordance with 
     paragraph (5)(B)(ii) of such subsection.
       (c) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the County is not using the property conveyed under 
     subsection (a) in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to the property, including any 
     improvements thereon, shall revert, at the option of the 
     Secretary, to the United States, and the United States shall 
     have the right of immediate

[[Page S8547]]

     entry onto the property. Any determination of the Secretary 
     under this subsection shall be made on the record after an 
     opportunity for a hearing.
       (2) Release of reversionary interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under paragraph (1) if--
       (A) F.E. Warren Air Force Base, Cheyenne Wyoming, is no 
     longer being used for Department of Defense activities; or
       (B) the Secretary determines that the reversionary interest 
     is otherwise unnecessary to protect the interests of the 
     United States.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a) and 
     implement the receipt of in-kind consideration under 
     paragraph (b), including survey costs, appraisal costs, costs 
     related to environmental documentation, and other 
     administrative costs related to the conveyance and receipt of 
     in-kind consideration. If amounts are received from the 
     County in advance of the Secretary incurring the actual 
     costs, and the amount received exceeds the costs actually 
     incurred by the Secretary under this section, the Secretary 
     shall refund the excess amount to the County.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance and implementing 
     the receipt of in-kind consideration. Amounts so credited 
     shall be merged with amounts in such fund or account and 
     shall be available for the same purposes, and subject to the 
     same conditions and limitations, as amounts in such fund or 
     account.
       (e) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 5536. Mr. SESSIONS (for himself, Mr. Nelson of Nebraska, Mr. 
Lieberman, Mr. Kyl, Mr. Inhofe, Mr. Graham, Mr. Vitter, Mr. Brownback, 
and Mr. Chambliss) submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. SENSE OF THE SENATE ON SUPPORT OF CZECH REPUBLIC 
                   AND POLAND FOR NATO 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 
     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) 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.
       (4) 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 to 
     defend NATO territory and populations from Iranian ballistic 
     missiles.
       (5) The United States radar facility in the Czech Republic 
     and the United States ground-based ballistic missile defense 
     interceptor facility in Poland will become part of a future 
     NATO-wide missile defense architecture.
       (6) The Government of Iran continues to defy international 
     calls to cease its nuclear weapons program and continues to 
     develop and test longer-range ballistic missiles and space 
     launch vehicles.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the decision by the Governments of Poland and the Czech 
     Republic to station elements of a missile defense system on 
     their territory is a clear affirmation of the commitment of 
     those governments to support the defense of Europe and the 
     United States against the threat of certain 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 decision by NATO to support missile defense at the 
     Bucharest Summit in April 2008; and
       (B) notes the care and seriousness with which these 
     governments have undertaken their evaluation and 
     consideration of these issues;
       (3) these decisions will deepen the strategic relationship 
     between these governments and make a substantial contribution 
     to the collective capability of NATO to counter existing and 
     future ballistic missile threats;
       (4) these decisions by the Governments of Poland and the 
     Czech Republic--
       (A) are a clear indication of their commitment to uphold 
     their independence and sovereignty; and
       (B) demonstrate their determination to play a positive role 
     in the defense of freedom; and
       (5) in light of all these circumstances, the United States 
     Government should fully fund and proceed with the deployment 
     of a missile defense system in Europe as soon as technically 
     feasible, which program will provide additional protection 
     for the United States and Europe against certain long-range 
     ballistic missile threats.
                                 ______
                                 
  SA 5537. Mrs. DOLE 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 72, after line 20, add the following:

     SEC. 314. CONTINUATION OF DIRECT-NOTIFICATION EFFORTS 
                   REGARDING EXPOSURE TO DRINKING WATER 
                   CONTAMINATION AT CAMP LEJEUNE, NORTH CAROLINA.

       The Secretary of the Navy shall continue the direct-
     notification efforts required under section 315 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 56) to communicate to former 
     and retired Marines, their dependents, and civilian employees 
     who were stationed at Camp Lejeune, North Carolina, between 
     1957 and 1987 until the Secretary determines that such an 
     approach is no longer productive. The Secretary shall 
     continue with an aggressive follow-on media notification 
     effort through publications that target former and retired 
     military and retiree populations, and continue to operate the 
     recently established call-in center.
                                 ______
                                 
  SA 5538. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 572. REPORT ON CREATING CAREERS FOR MILITARY SPOUSES.

       (a) Study.--The Under Secretary of Defense for Personnel 
     and Readiness, in conjunction with the Deputy Under Secretary 
     of Defense for Military Community and Family Policy, shall 
     conduct a study of the challenges that face qualified 
     military spouses in finding and maintaining employment during 
     the terms of service of their active duty spouses.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Under Secretary of Defense for 
     Personnel and Readiness, shall submit to the congressional 
     committees a report on the study conducted under subsection 
     (a).
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A description of the major challenges that face 
     qualified military spouses in finding and maintaining 
     employment during the terms of service of their spouses.
       (B) A listing of significant incentive programs the 
     Department of Defense could utilize to create incentives for 
     the hiring of qualified military spouses, including those the 
     Department can implement independently and those that require 
     statutory changes.
       (C) A description of the resources available to qualified 
     military spouses for assistance in finding and maintaining 
     employment.
       (D) An examination of the implications for retention of 
     military service members of insufficient employment 
     opportunities for qualified military spouses.
       (E) A description of current programs to assist qualified 
     military spouses in securing telecommuting and home office 
     employment.
       (F) An examination of the career needs and opportunities 
     for career enhancement for the spouses of seriously injured 
     and ill recovering service members.
       (c) Qualified Military Spouse Defined.--In this section, 
     the term ``qualified military spouse'' means a spouse of a 
     member of the Armed Forces who is serving on a period of

[[Page S8548]]

     extended active duty which includes the hiring date. For 
     purposes of the preceding sentence, the term ``extended 
     active duty'' means any period of active duty pursuant to a 
     call or order to such duty for a period in excess of 90 days 
     or for an indefinite period.
                                 ______
                                 
  SA 5539. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 815. APPLICABILITY OF BUY AMERICAN REQUIREMENTS TO 
                   OPERATION IRAQI FREEDOM.

       (a) In General.--Section 2533a(d)(1) of title 10, United 
     States Code, is amended by inserting before the period the 
     following: ``(other than Operation Iraqi Freedom (OIF))''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to procurements made on or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 5540. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 332. REPORT ON EQUIPPING MILITARY AIRCRAFT WITH LASER-
                   BASED COUNTERMEASURES FOR THE PROTECTION OF 
                   SUCH AIRCRAFT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report on the plans of the 
     Department of Defense for equipping fixed wing and rotary 
     wing military aircraft with laser-based countermeasures for 
     the protection of such aircraft. The report shall include a 
     description of the plans of the Department to consider a full 
     range of technologies to provide a functional, laser-based 
     infrared countermeasure capability for both fixed wing and 
     rotary wing aircraft.
                                 ______
                                 
  SA 5541. Mrs. FEINSTEIN (for herself, Mr. Schumer, and Mr. Durbin) 
submitted an amendment intended to be proposed by her to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 714. AUTISM THERAPY SERVICES FOR AUTISTIC CHILDREN OF 
                   MEMBERS OF THE ARMED FORCES.

       (a) Maximum Monthly Amount.--The Secretary of Defense shall 
     ensure that autistic children of members of the Armed Forces 
     enrolled in the Extended Care Health Option program shall be 
     eligible to receive $5,000 per month of autistic therapy 
     services.
       (b) Definitions.--In this section:
       (1) Autistic therapy services.--The term ``autistic therapy 
     services'' includes applied behavior analysis.
       (2) Extended care health option program.--The term 
     ``Extended Care Health Option program'' means the program of 
     extended benefits provided pursuant to subsections (d), (e), 
     and (f) of section 1079 of title 10, United States Code.
       (c) Funding.--Of the amount authorized to be appropriated 
     by section 1403(a) for Defense Health Program, $29,000,000 
     may be available to carry out this section.
                                 ______
                                 
  SA 5542. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Views on Establishment of Certain Requirements Relating 
     to Prevention and Response to Sexual Assault and Rape.--
       (1) Reports to secretary of defense.--Not later than June 
     1, 2009, each Secretary of a military department shall submit 
     to the Secretary of Defense a report providing views on the 
     establishment for each Armed Force under the jurisdiction of 
     such Secretary of a military department of the following:
       (A) A requirement that military commanders report on the 
     outcomes of cases of sexual assault and rape in units under 
     their command, including--
       (i) a description of the actions taken to punish 
     assailants;
       (ii) a description of any retaliatory measures experienced 
     by victims; and
       (iii) a detailed justification for disposing of such cases 
     through nonjudicial punishment or other administrative 
     actions.
       (B) A requirement that military protective orders be 
     classified as standing military orders, with such orders to 
     be overturned only after an investigation has occurred and 
     appropriate command authorities have completely adjudicated 
     allegations.
       (C) A requirement for notification to appropriate local 
     civilian law enforcement agencies on any military protective 
     order issued at a military installation to provide continuity 
     of protection to victims of sexual assault or rape in the 
     Armed Forces.
       (D) A requirement that each member of the Armed Forces who 
     has notified the member's command that the member has been 
     sexually assaulted or raped is afforded an opportunity to be 
     transferred to another unit if a military protective order is 
     issued.
       (2) Transmittal to congress.--The Secretary of Defense 
     shall transmit to the Committees on Armed Services of the 
     Senate and the House of Representatives the reports submitted 
     to the Secretary under paragraph (1). In transmitting such 
     reports, the Secretary shall include an analysis by the 
     Secretary of the information contained in such reports.
       (b) Reports on Policies To Increase and Encourage the 
     Prevention, Investigation, and Prosecution of Sexual Assault 
     and Rape.--
       (1) Reports to secretary of defense.--Not later than six 
     months after the date of the enactment of this Act, each 
     Secretary of a military department shall submit to the 
     Secretary of Defense a report on the policies of the Armed 
     Force or Armed Forces under the jurisdiction of such 
     Secretary of a military department to increase and encourage 
     the prevention, investigation, and prosecution of cases of 
     sexual assault and rape in the Armed Forces.
       (2) Elements.--Each report required by paragraph (1) shall 
     include the following:
       (A) An analysis of trends in the prevention and reporting 
     of cases of sexual assaults and rape in the Armed Forces.
       (B) A review of current training methods for all personnel 
     involved in military investigations of cases of sexual 
     assault and rape in the Armed Forces, including judge 
     advocates.
       (C) A review of the capacity of the legal infrastructure of 
     the Armed Forces to investigate and prosecute effectively 
     cases of sexual assault in the Armed Forces.
       (D) An identification and analysis of any additional 
     barriers, such as the availability of staff and the adequacy 
     of resources, on military installations and facilities in the 
     United States and abroad, and in theaters of operations, to 
     conduct effective investigations of cases of sexual assault 
     and rape in the Armed Forces.
       (E) A review of the disposition of cases of sexual assault 
     and rape in the Armed Forces.
       (F) The feasability of expanding, enhancing, and developing 
     programs for the Armed Forces on prevention and response to 
     sexual assault and rape that use proven best-practice 
     methods, support victims of sexual assault or rape, and focus 
     on creating a culture with zero tolerance for sexual assault 
     and rape.
       (G) Any initiatives for improved oversight of existing 
     programs of the Armed Forces on prevention and response to 
     sexual assault and rape, including--
       (i) performance metrics to evaluate the effectiveness of 
     such programs; and
       (ii) a timeline for the implementation of such metrics.
       (H) Plans for increased communication and data sharing 
     between the Sexual Assault Prevention and Response Office and 
     other components of the Armed Forces, on the one hand, and 
     the Department of Defense, on the other, to enhance 
     coordination and oversight of cases of sexual assault and 
     rape in the Armed Forces as such cases move through the legal 
     process.
       (I) Recommendations for--
       (i) improvements to the legal infrastructure of the Armed 
     Forces to ensure that the capacity of such infrastructure is 
     adequate to meet the needs of victims of sexual assault in 
     the Armed Forces; and
       (ii) means of eliminating the barriers identified under 
     that paragraph; and
       (iii) such other matters as the Secretary of the military 
     department concerned considers appropriate.
       (3) Transmittal to congress.--The Secretary of Defense 
     shall transmit to the Committees on Armed Services of the 
     Senate and the House of Representatives the reports submitted 
     to the Secretary under paragraph (1). In transmitting such 
     reports, the Secretary shall include an analysis by the 
     Secretary of the information contained in such reports.
                                 ______
                                 
  SA 5543. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations

[[Page S8549]]

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

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

     SEC. 815. PROHIBITION ON USE IN DEPARTMENT OF DEFENSE 
                   CONTRACTS OF NARROWLY-BASED ECONOMIC PRICE 
                   ADJUSTMENT INDICES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Defense Supplement to the Federal Acquisition 
     Regulation shall be modified to prohibit contracting officers 
     of the Department of Defense from entering into contracts 
     with economic price adjustment clauses based on the Bureau of 
     Labor Statics employment cost index for total compensation, 
     aircraft manufacturing (NAICS Product Code 336411), or any 
     other employment cost index that is not broad enough to 
     minimize the effect of any single company, including the 
     contractor concerned.
                                 ______
                                 
  SA 5544. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 587. ENHANCEMENT AND IMPROVEMENT OF PROCEDURES RELATING 
                   TO OVERSEAS VOTING BY MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Enhancement and Improvement of Certain Procedures.--
       (1) In general.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)) 
     is amended--
       (A) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively;
       (B) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) accept and process, with respect to any election for 
     Federal office, any otherwise valid voter registration 
     application, absentee ballot application, and completed 
     ballot that is submitted by absent uniformed services voters 
     and overseas voters described by section 107(1)(1) without 
     any requirement for notarization of such document;''; and
       (C) in paragraph (5), as redesignated by paragraph (1) of 
     this subsection, by inserting before the semicolon the 
     following: ``and permit the submittal of the official post 
     card form by electronic mail transmission, so long as the 
     privacy and security protocols to send and receive official 
     post card forms by the Internet are protected to the greatest 
     degree possible and is feasible for the States, the District 
     of Columbia and the Commonwealth of Puerto Rico, Guam, 
     American Samoa, and the United States Virgin Islands''.
       (2) Conforming amendment.--Section 104(a) of such Act (42 
     U.S.C. 1973ff-3(a)) is amended by striking ``section 
     102(a)(4)'' and inserting ``section 102(a)(5)''.
       (b) Sense of Congress.--It is the sense of Congress--
       (1) to encourage the States to permit members of the Armed 
     Forces and overseas voters to apply for, receive, and submit 
     absentee ballots for election for Federal office by 
     electronic means; and
       (2) to encourage the Department of Defense to implement and 
     maintain programs that permit the secure submittal by members 
     of the Armed Forces of absentee ballots for election for 
     Federal office by electronic means.
                                 ______
                                 
  SA 5545. Mr. HATCH (for himself, Mr. Vitter, Mr. Coleman, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND 
                   RETIREMENT TREATMENT FOR CERTAIN RETIREES OF 
                   THE ARMED FORCES.

       (a) Increase in Maximum Age Limit for Positions Subject to 
     FERS.--
       (1) Law enforcement officers and firefighters.--Section 
     3307(e) of title 5, United States Code, is amended--
       (A) by striking ``(e) The'' and inserting ``(e)(1) Except 
     as provided in paragraph (2), the''; and
       (B) by adding at the end the following:
       ``(2) The maximum age limit for an original appointment to 
     a position as a firefighter or law enforcement officer (as 
     defined by section 8401(14) or (17), respectively) shall be 
     47 years of age, in the case of an individual who on the 
     effective date of such appointment is eligible to receive 
     retired pay or retainer pay for military service, or pension 
     or compensation from the Department of Veterans Affairs 
     instead of such retired or retainer pay.''.
       (2) Other positions.--The maximum age limit for an original 
     appointment to a position as a member of the Capitol Police 
     or Supreme Court Police, nuclear materials courier (as 
     defined under section 8401(33) of title 5, United States 
     Code), or customs and border protection officer (as defined 
     in section 8401(36) of title 5, United States Code) shall be 
     47 years of age, in the case of an individual who on the 
     effective date of such appointment is eligible to receive 
     retired pay or retainer pay for military service, or pension 
     or compensation from the Department of Veterans Affairs 
     instead of such retired or retainer pay.
       (b) Eligibility for Annuity.--Section 8412(d) of title 5, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by adding ``or'' at the end; and
       (3) by inserting after paragraph (2) the following:
       ``(3) after becoming 57 years of age and completing 10 
     years of service as a law enforcement officer, member of the 
     Capitol Police or Supreme Court Police, firefighter, nuclear 
     materials courier, customs or border protection officer, or 
     any combination of such service totaling 10 years, if such 
     employee--
       ``(A) is originally appointed to a position as a law 
     enforcement officer, member of the Capitol Police or Supreme 
     Court Police, firefighter, nuclear materials courier, or 
     customs and border protection officer on or after the 
     effective date of this paragraph under section 1083(e) of the 
     National Defense Authorization Act for Fiscal Year 2009; and
       ``(B) on the date of that original appointment met the 
     requirements of section 3307(e)(2) of this title or section 
     1083(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2009,''.
       (c) Mandatory Separation.--Section 8425 of title 5, United 
     States Code, is amended--
       (1) in subsection (b)(1), in the first sentence, by 
     inserting ``, except that a law enforcement officer, 
     firefighter, nuclear materials courier, or customs and border 
     protection officer eligible for retirement under 8412(d)(3) 
     shall be separated from service on the last day of the month 
     in which that employee becomes 57 years of age'' before the 
     period;
       (2) in subsection (c), in the first sentence, by inserting 
     ``, except that a member of the Capitol Police eligible for 
     retirement under 8412(d)(3) shall be separated from service 
     on the last day of the month in which that employee becomes 
     57 years of age'' before the period; and
       (3) in subsection (d), in the first sentence, by inserting 
     ``, except that a member of the Supreme Court Police eligible 
     for retirement under 8412(d)(3) shall be separated from 
     service on the last day of the month in which that employee 
     becomes 57 years of age'' before the period.
       (d) Computation of Basic Annuity.--Section 8415(d) of title 
     5, United States Code, is amended--
       (1) in paragraph (1), by striking ``total service as'' and 
     inserting ``civilian service as a law enforcement officer, 
     member of the Capitol Police or Supreme Court Police, 
     firefighter, nuclear materials courier, customs and border 
     protection officer, or air traffic controller that, in the 
     aggregate,''; and
       (2) in paragraph (2), by striking ``so much of such 
     individual's total service as exceeds 20 years'' and 
     inserting ``the remainder of such individual's total 
     service''.
       (e) Effective Date.--This section (including the amendments 
     made by this section) shall take effect 60 days after the 
     date of the enactment of this Act and shall apply to 
     appointments made on or after that effective date.
                                 ______
                                 
  SA 5546. Mr. HATCH (for himself and Mr. Bennett) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2822. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, 
                   UTAH.

       (a) Conveyance Authorized.--If the Secretary of the Army 
     determines that it is the national security interest of the 
     United States, the Secretary may convey, without 
     consideration, to the State of Utah (in this section, the 
     ``State'') on behalf of the Utah National Guard all right, 
     title, and interest of the United States in and to two 
     parcels of real property, including improvements thereon, 
     that are located within the boundaries of Camp Williams, 
     Utah, consisting of approximately 608 acres and 308 acres, 
     respectively, and are identified in the Utah National Guard 
     master plan.
       (b) Condition.--As a condition of the conveyance, the 
     Secretary shall, not later than

[[Page S8550]]

     21 days before carrying out the conveyance, submit a report 
     to Congress certifying that the purpose of the conveyance is 
     to further the interest of national security and the property 
     conveyed will be used for military purposes only.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection 
     (a), or any portion thereof, has been sold or is not being 
     used in a manner consistent with subsection (b), the property 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after consultation with the Governor of the State of Utah and 
     an opportunity for a hearing.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     State to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the State in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the State.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 5547. Mr. HATCH (for himself, Mr. Bennett, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 152. SUSTAINMENT OF THE MINUTEMAN III INTERCONTINENTAL 
                   BALLISTIC MISSILE.

       (a) Findings.--Congress makes the following findings:
       (1) The Minuteman III Intercontinental Ballistic Missile 
     (ICBM) is our Nation's only land-based strategic missile 
     system.
       (2) Beginning in fiscal year 2009, the United States will 
     cease production of the Minuteman III Intercontinental 
     Ballistic Missile. The Department of Defense has no plan to 
     replace the Minuteman III Intercontinental Ballistic Missile 
     at the end of its service life in 2030.
       (3) The ability to address in a timely and cost efficient 
     manner the readiness and reliability problems in the 
     Minuteman III Intercontinental Ballistic Missile motor may be 
     lost after 2010.
       (4) To mitigate similar risks, the Navy has established a 
     low production and life extension program for the D-5 missile 
     that manufactures 12 motor stacks per year.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a national security risk may be created if production 
     of the Minuteman III Intercontinental Ballistic Missile 
     ceases without plans to repair or replace motors if needed 
     after 2010.
       (2) this situation necessitates the initiation of a 
     production sustainment capability study for the Minuteman III 
     Intercontinental Ballistic Missile to address and correct 
     unforeseen problems affecting strategic readiness;
       (3) the Nation's ability to maintain and respond to 
     unanticipated age related problems in the Minuteman III 
     Intercontinental Ballistic Missile during 30 years after 
     production stops;
       (4) a low-rate solid rocket motor life extension program 
     for the Minuteman III Intercontinental Ballistic Missile may 
     be needed to sustain and maintain the unique manufacturing 
     and engineering infrastructure necessary to preserve this 
     vital national capability; and
       (5) the budget request for the Air Force for fiscal year 
     2010 (as submitted to Congress pursuant to section 1105 of 
     title 31, United States Code), should include sufficient 
     funds to implement the plan identified in the report required 
     by subsection (d).
       (c) Review on ICBM Sustainment.--The Secretary of the Air 
     Force shall conduct a review of issues surrounding the long-
     term sustainment with respect to the Minuteman III 
     Intercontinental Ballistic Missile. The review shall include 
     a determination of the actions necessary--
       (1) to assure the readiness and reliability of the 
     Minuteman III Intercontinental Ballistic Missile force; and
       (2) to maintain a national manufacturing and engineering 
     infrastructure for intercontinental ballistic missiles.
       (d) Report on Review.--The Secretary of the Air Force shall 
     submit to Congress, at the same time the budget for fiscal 
     year 2010 is submitted to Congress pursuant to section 1105 
     of title 31, United States Code, a report on the review 
     required by subsection (c). The report shall include--
       (1) a plan to implement the actions determined necessary as 
     a result of the review; and
       (2) an estimate of the costs associated with implementing 
     and carrying out such actions.
       (e) Solid Rocket Motor Life Extension Program.--Using 
     amounts authorized to be appropriated by this Act and 
     available for the Minuteman III Intercontinental Ballistic 
     Missile modernization, the Air Force may initiate a solid 
     rocket motor life extension program for that missile, 
     consistent with the unfunded requirements list of the Air 
     Force for fiscal year 2009.
                                 ______
                                 
  SA 5548. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1041. EXTENSION OF COMMISSION TO ASSESS THE THREAT TO 
                   THE UNITED STATES FROM ELECTROMAGNETIC PULSE 
                   ATTACK.

       (a) Extension.--Section 1409 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-348; 
     50 U.S.C. 2301 note), as amended by section 1052(j) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3435), is further amended by 
     striking ``The Commission shall terminate'' and all that 
     follows through the period at the end and inserting ``The 
     Commission shall terminate March 31, 2012.''.
       (b) Annual Reports.--Section 1403 of that Act (114 Stat. 
     1654A-346; 50 U.S.C. 2301 note), as amended by section 
     1052(f) of the National Defense Authorization Act for Fiscal 
     Year 2006 (Public Law 109-163; 119 Stat. 3434), is further 
     amended by adding at the end the following new subsection:
       ``(c) Annual Reports.--The Commission shall, not later than 
     March 1 of each of years 2010, 2011, and 2012, submit to 
     Congress a report--
       ``(1) assessing the changes to the vulnerability of United 
     States military systems and critical civilian infrastructures 
     resulting from the EMP threat and changes in the threat;
       ``(2) describing the progress, or lack of progress, in 
     protecting United States military systems and critical 
     civilian infrastructures from EMP attack; and
       ``(3) containing recommendations to address the threat and 
     protect United States military systems and critical civilian 
     infrastructures from attack.''.
       (c) Funding.--Section 1408 of that Act (114 Stat. 1654A-
     348; 50 U.S.C. 2301 note), as amended by section 1052(i) of 
     the National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3435), is further amended by 
     adding at the end the following: ``Such funds shall not 
     exceed $3,000,000 per fiscal year.''.
       (d) Additional Members.--Effective as of the date that is 
     90 days after the date of the enactment of this Act--
       (1) section 1401 of that Act (114 Stat. 1654A-346; 50 
     U.S.C. 2301 note), as amended by section 1052(d) of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3434), is further amended by 
     striking subsections (c) and (d) and inserting the following 
     new subsections:
       ``(c) Composition.--
       ``(1) In general.--The Commission shall be composed of 
     eleven members.
       ``(2) Dod and fema members.--Seven of the members shall be 
     appointed by the Secretary of Defense, and two of the members 
     shall be appointed by the Director of the Federal Emergency 
     Management Agency. In the event of a vacancy in the 
     membership of the Commission under this paragraph, the 
     Secretary of Defense shall appoint a new member. In selecting 
     individuals for appointment to the Commission, the Secretary 
     of Defense shall consult with the chairmen and ranking 
     minority members of the Committees on Armed Services of the 
     Senate and House of Representatives.
       ``(3) FCC and hhs members.--One of the members shall be 
     appointed by the Chairman of the Federal Communications 
     Commission, and one of the members shall be appointed by the 
     Secretary of Health and Human Services. In the event of a 
     vacancy in the membership of the Commission under this 
     paragraph, the vacancy shall be filled in the same

[[Page S8551]]

     manner as the original appointment under this paragraph. In 
     selecting an individual for appointment to the Commission, 
     the Chairman of the Federal Communications Commission shall 
     consult with the chairmen and ranking minority members of the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives. In selecting an individual for 
     appointment to the Commission, the Secretary of Health and 
     Human Services shall consult with the chairmen and ranking 
     minority members of the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives.
       ``(d) Qualifications.--Members of the Commission appointed 
     by the Secretary of Defense and the Director of the Federal 
     Emergency Management Agency shall be appointed from among 
     private United States citizens with knowledge and expertise 
     in the scientific, technical, and military aspects of 
     electromagnetic pulse effects referred to in subsection (b). 
     The member of the Commission appointed by the Chairman of the 
     Federal Communications Commission shall be appointed from 
     among private United States citizens with knowledge and 
     expertise in telecommunications, network infrastructure and 
     management, information services, and emergency preparedness 
     communications. The member of the Commission appointed by the 
     Secretary of Health and Human Services shall be appointed 
     from among private United States citizens with knowledge and 
     expertise in public health, including preparedness for, and 
     response to, public health emergencies.''; and
       (2) section 1405(b)(1) of that Act (114 Stat. 1654A-347; 50 
     U.S.C. 2301 note) is amended by striking ``Five'' and 
     inserting ``Six''.
                                 ______
                                 
  SA 5549. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. TECHNOLOGY DEMONSTRATION PROGRAM.

       Notwithstanding any other provision of law, the Director of 
     National Intelligence shall transfer not less than 
     $250,000,000 from unobligated balances of fiscal year 2009 
     National Intelligence Program funds to the Central 
     Intelligence Agency Program to fund the technology 
     demonstration program specified in the classified annex to 
     Conference Report 110-478 for H.R. 2082 (Intelligence 
     Authorization Act for Fiscal Year 2008 passed by the House 
     and Senate on February 13, 2008) and the classified annex to 
     Senate Report 110-333 for S. 2996 (Intelligence Authorization 
     Act for Fiscal Year 2009 passed by the Senate Select 
     Committee on Intelligence on May 8, 2008). The transfer of 
     such funds shall not be subject to any reprogramming 
     procedures.
                                 ______
                                 
  SA 5550. Mr. DOMENICI (for himself, Mr. Inhofe, Mr. Bond, Mr. Coburn, 
Mr. Enzi, Mr. Barrasso, Mr. Craig, Mr. Bennett, Mr. Allard, and Mr. 
Hatch) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. PROCUREMENT AND ACQUISITION OF FUELS.

       Section 526 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17142) is repealed.
                                 ______
                                 
  SA 5551. Mr. HARKIN (for himself, Mr. Obama, and Mr. Biden) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 581 and insert the following:

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

       (a) Policy Required.--Not later than November 1, 2009, the 
     Secretary of Defense shall develop a comprehensive policy 
     designed to prevent suicide by members of the Armed Forces.
       (b) Purposes.--The purposes of the policy required by this 
     section shall be as follows:
       (1) To ensure that investigations, analyses, and 
     appropriate data collection can be conducted, across the 
     military departments, on the causes and factors surrounding 
     suicides by members of the Armed Forces.
       (2) To develop effective strategies and policies for the 
     education of members of the Armed Forces and their families 
     to assist in preventing suicides and suicide attempts by 
     members of the Armed Forces.
       (c) Elements Regarding Investigations.--The policy required 
     by subsection (b)(1) shall include, but not be limited to, 
     the following:
       (1) Requirements for investigations and data collection in 
     connection with suicides by members of the Armed Forces.
       (2) A requirement for the appointment by the appropriate 
     military authority of a separate investigating officer to 
     conduct an administrative investigation into each suicide by 
     a member of the Armed Forces in accordance with the 
     requirements specified under paragraph (1).
       (3) Requirements for minimum information to be determined 
     under each investigation pursuant to paragraph (2), 
     including, but not limited to, the following:
       (A) Any mental illness or other mental health condition, 
     including Post Traumatic Stress Disorder (PTSD), of the 
     member of the Armed Forces concerned at the time of the 
     completion of suicide.
       (B) Any other illness or injury of the member at the time 
     of the completion of suicide.
       (C) Any receipt of health care services, including mental 
     health care services, by the member before the completion of 
     suicide.
       (D) Any utilization of prescription drugs by the member 
     before the completion of suicide.
       (E) The number, frequency, and dates of deployment of the 
     member.
       (F) The military duty assignment of the member at the time 
     of the completion of suicide.
       (G) Any observations by family members, health care 
     providers, medical care managers, and other members of the 
     Armed Forces of any symptoms of depression, anxiety, alcohol 
     or drug abuse, or other relevant behavior in the member 
     before the completion of suicide.
       (H) The results of a psychological autopsy of the member, 
     if conducted.
       (4) A requirement for a report from each administrative 
     investigation conducted pursuant to paragraph (2) which shall 
     set forth the findings and recommendations resulting from 
     such investigation.
       (5) Procedures for the protection of the confidentiality of 
     information contained in each report on an investigation 
     pursuant to paragraph (4).
       (6) A requirement that the Deputy Chief of Staff for 
     Personnel of the military department concerned receive and 
     analyze each report on an investigation pursuant to paragraph 
     (4).
       (7) The appointment by the Secretary of Defense of an 
     appropriate official or executive agent within the Department 
     of Defense to receive and analyze each report on an 
     investigation pursuant to paragraph (4) in order to--
       (A) identify trends or common causal factors in suicides by 
     members of the Armed Forces; and
       (B) advise the Secretary on means by which the suicide 
     education and prevention strategies and programs of the 
     military departments can respond appropriately and 
     effectively to such trends and causal factors.
       (8) A requirement for an annual report to the Secretary of 
     Defense by each Secretary of a military department on the 
     following:
       (A) The results of investigations into suicide by members 
     of the Armed Forces pursuant to paragraph (2) for each 
     calendar year beginning with 2010.
       (B) Actions taken to improve the suicide education and 
     prevention strategies and programs of the military 
     departments.
       (C) Total number of suicides among members of the Armed 
     Forces during the period beginning on January 1, 2009, and 
     ending at the end of the most recent calendar year quarter 
     preceding the submittal of such report, including the number 
     of suicides confirmed and the number of deaths being 
     investigated as a suicide, set forth--
       (i) by calendar year in which death occurred;
       (ii) by military department of the members concerned; and
       (iii) by whether death occurred while the members concerned 
     were deployed or while assigned to permanent duty station or 
     homeport.
       (d) Construction of Investigation With Other Investigation 
     Requirements.--The investigation of the suicide by a member 
     of the Armed Forces under the policy required by this section 
     shall be in addition to any other investigation of the 
     suicide required by law, including any investigation for 
     criminal purposes.
       (e) Required Reviews.--The policy required by subsection 
     (b)(2) shall be based upon:
       (1) A review and evaluation of existing suicide prevention 
     efforts across the military departments, including an 
     assessment of the effectiveness of current efforts and of how 
     such efforts are addressing issues related to combat stress.
       (2) A review and evaluation of existing suicide prevention 
     training by each service for members of the Armed Forces 
     (including members of the National Guard and Reserve), for 
     civilian health care community and family support 
     professionals of the Department of Defense, and for such 
     other service personnel of the Department as the Secretary 
     shall designate for purposes of this paragraph.

[[Page S8552]]

       (f) Report on Suicide Prevention Progress.--Each service 
     secretary shall separately report to the Committees on Armed 
     Services of the Senate and House of Representatives by August 
     1, 2009, on actions taken to accomplish the following:
       (1) Enhancement of basic training courses, including 
     lifesaving courses, for members of the Armed Forces aimed at 
     recognition of risk factors for suicide, identification of 
     signs and symptoms of mental health concerns and combat 
     stress, and protocols for responding to crisis situations 
     involving members of the Armed Forces who may be at high risk 
     for suicide.
       (2) Enhancement of training for military supervisory medics 
     and medical personnel on matters relating to recognition of 
     risk factors for suicide, identification of signs and 
     symptoms of mental health concerns and combat stress, and 
     protocols for responding to crisis situations involving 
     members of the Armed Forces who may be at high risk for 
     suicide.
       (3) Enhancement of access of military leaders and personnel 
     to resources to prevent and respond to traumatic events, such 
     as members in crisis or loss of unit members, which personnel 
     shall include qualified mental health professionals and may 
     include medical staff, chaplains, family support staff, 
     peers, and other appropriate personnel.
       (4) Enhancement of campaigns of outreach throughout the 
     Armed Forces and the military family communities intended 
     to--
       (A) reduce the stigma among members of the Armed Forces and 
     their families, and in such communities, associated with 
     mental health concerns;
       (B) encourage members of the Armed Forces and individuals 
     in such communities to seek help with such concerns;
       (C) increase awareness among members of the Armed Forces 
     and in such communities that mental health is essential to 
     overall health; and
       (D) increase awareness among members of the Armed Forces 
     and in such communities regarding substance abuse concerns, 
     relationship and financial difficulties, and legal and 
     occupational difficulties; and
       (5) Enhancement of post-deployment assistance for spouses 
     and parents of returning members including members of the 
     National Guard and Reserve, who are returning from deployment 
     assistance in--
       (A) understanding issues that arise in the readjustment of 
     such members--
       (i) for members of the National Guard and Reserve, to 
     civilian life; and
       (ii) for members of the regular components of the Armed 
     Forces, to military life in a non-combat environment;
       (B) identifying signs and symptoms of substance abuse, 
     mental health conditions, traumatic brain injury, and risk 
     factors for suicide; and
       (C) encouraging such members and their families in seeking 
     assistance for such conditions and in seeking assistance on 
     relationship, financial, legal, and occupational 
     difficulties.
       (g) Suicide Prevention Training.--For purposes of this 
     section, suicide prevention training is comprehensive 
     training on suicide prevention (including, at a minimum, 
     education, training, peer-to-peer support methods, outreach, 
     and de-stigmatization of seeking mental health assistance) 
     developed by the Secretary of Defense and each Secretary 
     concerned for purposes of this section in consultation with 
     the Secretary of Veterans Affairs, the National Institute of 
     Mental Health, the Substance Abuse and Mental Health Services 
     Administration of the Department of Health and Human 
     Services, and the Centers for Disease Control and Prevention.
       (h) Report on Policy.--Not later than November 1, 2009, the 
     Secretary of the Defense shall submit to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report on the 
     policy required by this section. The report shall include the 
     following:
       (1) A description of the policy.
       (2) A plan for the implementation of the policy throughout 
     the Department of Defense, which plan shall be developed by 
     the Secretary of Defense in consultation with the following:
       (A) The Secretary of Veterans Affairs.
       (B) The National Institute of Mental Health.
       (C) The Substance Abuse and Mental Health Services 
     Administration of the Department of Health and Human 
     Services.
       (D) The Centers for Disease Control and Prevention.
                                 ______
                                 
  SA 5552. Mr. REED (for himself and Mrs. Dole) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 3116. LIMITATION ON TRANSFERS OF RESPONSIBILITY FOR THE 
                   DISPOSITION OF FISSILE MATERIALS.

       Section 3212 of the National Nuclear Security 
     Administration Act (50 U.S.C. 2402) is amended by adding at 
     the end the following new subsection:
       ``(g) Limitation on Transfers of Responsibilities for the 
     Disposition of Fissile Materials.--
       ``(1) In general.--No provision of law enacted on or after 
     January 1, 2008, other than a provision of law enacted as 
     part of an act authorizing appropriations for a fiscal year 
     for the defense activities of the Department of Energy, that 
     transfers any responsibility for the disposition of fissile 
     materials, including the construction and operation of 
     Project 99-D-143, Mixed Oxide (MOX) Fuel Fabrication 
     Facility, Savannah River Site, South Carolina, and related 
     programs, shall become effective until the President 
     certifies to Congress that the responsibility to be 
     transferred no longer serves nuclear nonproliferation, 
     foreign policy, or national security objectives.
       ``(2) Transfer of certain funds to administrator.--Any 
     amounts authorized to be appropriated on or after January 1, 
     2008, and any transfers of amounts authorized to be 
     appropriated before January 1, 2008, relating to Project 99-
     D-143, Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah 
     River Site, South Carolina, that are designated for an 
     organizational unit or component of the Administration shall, 
     notwithstanding such designation, be transferred to the 
     Administrator.''.
                                 ______
                                 
  SA 5553. Mr. REED 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. MODIFICATION OF AUTHORITY RELATED TO ARMY CORPS OF 
                   ENGINEERS PROJECTS, WOONSOCKET LOCAL FLOOD 
                   PROTECTION DISTRICT AND FOX POINT HURRICANE 
                   BARRIER, PROVIDENCE, RHODE ISLAND.

       Notwithstanding any other provision of law, the Chief of 
     Engineers, in carrying out section 2875 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 563) and section 2866 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 108-364; 120 Stat. 2499), shall accept title to 
     the Woonsocket Local Flood Protection District, Rhode Island 
     project and the Fox Point Hurricane Barrier, Providence, 
     Rhode Island project, as prescribed under such sections, 
     respectively, without regard to their condition.
                                 ______
                                 
  SA 5554. Mr. BAUCUS (for himself, Mr. Conrad, and Mr. Tester) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the congressional defense 
     committees a report setting forth an assessment by the 
     Comptroller General of the current programs of, and options 
     available to, the Department of Defense for managing the 
     encroachment of civilian activities (including the use of 
     waters and airspace) on military installations and activities 
     in the United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the extent to which the Department of 
     Defense has identified encroachment of civilian activities 
     (including the use of waters and airspace) on military 
     installations and activities in the United States.
       (2) A description of the extent to which the Department has 
     considered non-attainment of air quality standards as part of 
     its domestic basing strategy.
       (3) A description of the evidence of the Department to be 
     used by installation commanders to work with communities 
     surrounding such installations to manage civilian 
     encroachment on such installations.
       (4) A description of the plans of the Department for 
     mitigating civilian encroachment on military installations in 
     the United States and to address non-attainment of air 
     quality standards.
       (5) An assessment of the actions of the Department to 
     address civilian encroachment on military installations in 
     the United States and to address non-attainment of air 
     quality standards.

[[Page S8553]]

       (6) An identification of alternative courses available to 
     the Department to minimize the effects of encroachment of 
     civilian activities on military operations in the United 
     States.
       (7) Any other matters relating to the encroachment of 
     civilian activities on military installations and activities 
     in the United States that the Comptroller General considers 
     appropriate.
                                 ______
                                 
  SA 5555. Mr. LEVIN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 394, beginning on line 16, strike ``(other than 
     amounts described in paragraph (3))''.
       On page 395, strike lines 5 through 8.
       At the end of title XVI, add the following:

     SEC. 1617. PROJECTS UNDER THE COMMANDERS' EMERGENCY RESPONSE 
                   PROGRAM IN IRAQ.

       (a) Certifications on Certain Cerp Projects.--A project in 
     Iraq in excess of $500,000 that is funded with amounts in the 
     Commanders' Emergency Response Program may not be commenced 
     after the date of the enactment of this Act unless the 
     Secretary of Defense certifies that the project responds to 
     urgent humanitarian relief and reconstruction requirements 
     that will immediately assist the Iraqi people. The authority 
     to make certifications under this subsection may be delegated 
     only to the Deputy Secretary of Defense or the Under 
     Secretary of Defense for Policy.
       (b) Reports on Certain Projects.--In addition to any other 
     information in the quarterly reports on the Commanders' 
     Emergency Response Program under section 1202 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 119, Stat 3455), as amended by section 1205 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 366), each quarterly report on 
     the Commanders' Emergency Response Program that is so 
     submitted after the date of the enactment of this Act shall 
     include the following:
       (1) A written statement by the Secretary of Defense 
     affirming that each project in Iraq in excess of $500,000 and 
     funded with amounts in the Commanders' Emergency Response 
     Program that was commenced during the quarter covered by such 
     report was issued a certification as required by subsection 
     (a).
       (2) For each project described in paragraph (1) the 
     following:
       (A) A description of such project, including a 
     justification for the determination that such project 
     responds to urgent humanitarian relief and reconstruction 
     requirements that will immediately assist the Iraqi people.
       (B) A description or estimate of the aggregate cost of such 
     project over the life of the project, and the portion, if 
     any, of such aggregate cost being paid by the Government of 
     Iraq.
       (C) A description of the current status of such project, 
     including its projected completion date.
       (D) A description of the plan for the transition of such 
     project upon completion to the people of Iraq and for the 
     sustainment of any completed facilities, including any 
     commitments by the Government of Iraq to sustain projects 
     requiring the support of that government for sustainment.
                                 ______
                                 
  SA 5556. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 338, between lines 12 and 13, insert the following:
       (e) Accountability for Equipment Provided Under Program.--
       (1) In general.--Such section, as so amended, is further 
     amended--
       (A) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (h), respectively;
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Accountability for Equipment Provided.--
       ``(1) In general.--The Secretary of Defense and the 
     Secretary of State shall jointly establish procedures and 
     guidelines for accountability for any equipment provided to a 
     foreign country's national military forces under the program 
     under subsection (a).
       ``(2) Elements.--The procedures and guidelines established 
     under paragraph (1) shall--
       ``(A) ensure that any foreign military forces provided 
     equipment under the program are informed of best practices in 
     physical security and stockpile management with respect to 
     such equipment;
       ``(B) ensure that an appropriate representative of the 
     United States is notified when small arms and light weapons, 
     ammunition, and sensitive defense articles, defense services, 
     and technologies provided under the program are physically 
     received by foreign military forces; and
       ``(C) ensure that the Department of Defense provides for 
     the retention and maintenance of records or reports on 
     equipment provided under the program in the same manner as 
     prescribed in section 40A of the Arms Export Control Act (22 
     U.S.C. 2785).
       ``(3) Guidance on compliance.--The Secretary of Defense and 
     the Secretary of State shall take appropriate actions to 
     provide guidance to the personnel of the Department of 
     Defense and personnel of the Department of State who carry 
     out activities under the program on the procedures and 
     guidelines established under paragraph (1), including any 
     procedures and guidelines established to meet the 
     requirements of paragraph (2).''; and
       (C) in subsection (g), as redesignated by paragraph (1) of 
     this subsection, by striking ``subsection (e)(3)'' and 
     inserting ``subsection (f)(3)''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect six months after the date of the enactment 
     of this Act.
                                 ______
                                 
  SA 5557. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       It is the sense of the Senate that--
       (1) Expeditionary Medical Support (EMEDS) packages are an 
     important part of the disaster response capabilities provided 
     by the Department of Defense; and
       (2) the Department of Defense should consider ways to 
     improve its homeland defense and civil support capabilities 
     related to the use and movement of military health system 
     assets, including Expeditionary Medical Support packages.
                                 ______
                                 
  SA 5558. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 45, line 18, insert before the period the 
     following: ``relative to the ballistic missile threat posed 
     by North Korea, Iran, and other countries with active 
     ballistic missile development and fielding programs''.
                                 ______
                                 
  SA 5559. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 45, strike lines 2 and 3 and insert the following:
       (2) assess any lessons learned from the design, 
     development, and construction of the Airborne Laser system 
     that could improve the operational effectiveness, suitability 
     and survivability, or the affordability, of any future 
     system; and
       (3) submit to the Secretary of Defense and to
                                 ______
                                 
  SA 5560. Mrs. DOLE 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 VII, add the following:

     SEC. 721. MILITARY FAMILY AUTISM SUPPORT CENTERS.

       (a) Establishment of Program.--The Secretary of Defense 
     shall establish one or more military family autism support 
     centers.
       (b) Purposes.--The purposes of each center established 
     under subsection (a) shall be as follows:
       (1) To provide diagnostic services and therapy to children 
     of military families diagnosed with autism spectrum disorder 
     and related disorders, with such services and therapy to be 
     similar the services and therapy provided by the not-for-
     profit autism support center located in Columbus, Georgia, 
     which supports military families at Fort Benning, Georgia.

[[Page S8554]]

       (2) To train therapists to provide treatment to autistic 
     children, with special emphasis placed on training the 
     spouses of members of the Armed Forces to provide such 
     treatment.
       (c) Executive Agent.--The Secretary shall designate the 
     Commandant of the Marine Corps as the lead agent in the 
     establishment and operation of centers under subsection (a).
       (d) Locations.--
       (1) In general.--One of the first two centers to be 
     established under subsection (a) shall be established on the 
     East Coast of the United States, and one shall be established 
     on the West Coast of the United States.
       (2) Sense of congress.--It is the sense of Congress that 
     the center established under paragraph (1) on the East Coast 
     of the United States should be located in the vicinity of 
     Camp Lejeune, Fort Bragg, and Seymour Johnson Air Force Base, 
     North Carolina, and the center established under paragraph 
     (1) on the West Coast of the United States should be located 
     in the vicinity of San Diego, California.
       (e) Discharge of Purposes.--In discharging its purposes 
     under this section, each center established under subsection 
     (a) shall utilize in the diagnosis and treatment of children 
     of military families with autism medical, educational, and 
     developmental therapies that have been successfully used to 
     successfully treat autistic children.
       (f) Tuition Assistance.--For purposes of assisting in the 
     training of therapists under this section, the Secretary of 
     Defense shall, in consultation with the Secretary of Labor, 
     consider the feasability and advisability of establishing a 
     tuition assistance program to facilitate the participation of 
     military spouses in such training.
       (g) Reports.--Not later than one year after establishing a 
     center under subsection (a), and one year thereafter, the 
     Secretary shall submit to the congressional defense 
     committees a report on such center. Each report on a center 
     shall set forth the following:
       (1) The number of therapists trained at the center during 
     the preceding year.
       (2) The number of children receiving diagnosis and therapy 
     at the center during such year.
       (3) The average number of hours per week that therapy was 
     provided at the center during such year.
       (4) A description of the nature of therapy provided at the 
     center during such year.
       (5) An assessment of the contribution of the center to 
     military readiness and retention during such year.
       (6) An assessment of the efficacy of the center during such 
     year.
                                 ______
                                 
  SA 5561. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 237. CONSULTATION AND REPORTING REQUIREMENTS FOR 
                   CANCELLATIONS OF PLANNED MISSILE DEFENSE FLIGHT 
                   TESTS.

       (a) Consultation Required Prior to Cancellation.--Prior to 
     determining to cancel any planned missile defense flight 
     test, the Director of the Missile Defense Agency shall 
     consult, at a minimum, with each of the following officials:
       (1) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (2) The Director of Operational Test and Evaluation.
       (3) The Commander of the United States Strategic Command, 
     who shall represent the views and requirements of the 
     commanders of the combatant commands in such consultations.
       (b) Report Required After Consultation.--
       (1) In general.--If, after meeting the consultation 
     requirements of subsection (a), the Director of the Missile 
     Defense Agency determines to cancel a planned missile defense 
     flight test, the Director shall submit to Congress a 
     notification (in written, unclassified form) of the 
     determination.
       (2) Elements.--The notification on the cancellation of a 
     planned missile defense flight test under paragraph (1) shall 
     include the following:
       (A) The specific reasons for the determination to cancel 
     the flight test, and a justification of the determination.
       (B) The implications and risks for the testing and 
     development program which will result from canceling the 
     flight test.
       (C) A plan describing how the original objectives of the 
     flight test will still be met, notwithstanding the 
     cancellation.
       (D) The views and recommendations of the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics; the 
     Director of Operational Test and Evaluation; and the 
     Commander of the United States Strategic Command regarding 
     the cancellation.
       (E) Any modifications in the allocation of budget and 
     testing resource as a result of the cancellation of the 
     flight test.
       (3) Deadline.--The notification on a determination to 
     cancel a planned missile defense flight test shall be 
     submitted under paragraph (1) not later than 7 days after the 
     date on which the Director issues the determination to cancel 
     the test.
                                 ______
                                 
  SA 5562. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 311, between lines 13 and 14, 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 
     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, 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 make a substantial

[[Page S8555]]

     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.
                                 ______
                                 
  SA 5563. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Database Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in coordination with the Secretaries of the military 
     departments, establish and maintain an electronic database on 
     the incidence of suicide and attempted suicide among members 
     of the Armed Forces on active duty, including the information 
     specified in subsection (c).
       (b) Coverage of Demobilized Members of Reserve 
     Components.--To the extent practicable, the members of the 
     Armed Forces covered by the database required under 
     subsection (a) shall include members of the National Guard 
     and Reserve who are demobilized from active duty during the 
     720-day period beginning on the date of their demobilization.
       (c) Information.--The information to be included in the 
     database required by subsection (a) shall include, to the 
     extent practicable, the following:
       (1) For each Armed Force--
       (A) the number of members on active duty who have attempted 
     suicide; and
       (B) the number of members on active duty who have committed 
     suicide.
       (2) With respect to the members of the Armed Forces who 
     commit or attempt suicide, aggregated information (with such 
     information organized and presented, to the extent 
     practicable, in tabular form) on the following:
       (A) The sex of the members.
       (B) The race or ethnicity of the members.
       (C) The Armed Force of the members.
       (D) The grade, military occupational specialty, duty 
     status, and duty location of the members at the time of the 
     completion or attempt.
       (E) The physical location of the members at the time of the 
     completion or attempt.
       (F) A description of any combat experience of the members, 
     including the location of such experience, the intensity and 
     duration of such experience, and the time between the last 
     such experience and the attempt.
       (G) The highest level of education achieved by the members.
       (H) Any mental health conditions, including Post-Traumatic 
     Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or 
     substance use disorder, diagnosed or otherwise detected in 
     the members.
       (I) Any previous psychological care or treatment received 
     by the members for a condition under subparagraph (H) or 
     another mental health condition.
       (J) Any family history of the members of mental illness, 
     suicide, or both.
       (K) Any physical or sexual abuse suffered by the members.
       (L) Any recent marital or other relationship difficulties 
     of the members.
       (M) Any recent disciplinary actions taken against the 
     members.
       (N) Any recent legal difficulties of the members.
       (O) Any recent financial or employment difficulties of the 
     members.
       (P) Any prior communications of suicidal intent by the 
     members.
       (3) Such other information as the Secretary considers 
     appropriate for purposes of the database.
       (d) Separate Information on Each Attempt.--Each attempted 
     suicide of a member of the Armed Forces (whether or not 
     completed) shall be treated as a separate attempt at suicide 
     for purposes of subsection (c)(2).
       (e) Updates.--The database required by subsection (a) shall 
     be updated on a continuing basis.
       (f) Reports.--
       (1) Reports to congress.--Not later than 90 days after the 
     establishment of the database required by subsection (a), and 
     every 180 days thereafter, the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report 
     setting forth the following:
       (A) Aggregated data on the incidence of suicide among 
     members of the Armed Forces on active duty.
       (B) An assessment of recent trends in suicides and 
     attempted suicides among members of the Armed Forces on 
     active duty.
       (2) Availability to public.--Each report under paragraph 
     (1) shall be made available to the public through the 
     Internet website of the Assistant Secretary of Defense for 
     Health Affairs that is available to the public.
       (3) Protection of personal information.--The information in 
     any report under paragraph (1) shall not include any personal 
     information or personally-identifying information on any 
     member of the Armed Forces covered by the database.
       (g) Construction With Other Requirements.--The requirements 
     of this section are in addition to the requirements of 
     section 581.
                                 ______
                                 
  SA 5564. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 714. ENHANCEMENTS OF EXTENDED CARE HEALTH OPTION PROGRAM 
                   OF THE DEPARTMENT OF DEFENSE.

       (a) Increase in Amount of Reimbursement for Certain 
     Costs.--The maximum monthly amount of reimbursement for 
     health care services for a family of a member of the Armed 
     Forces under the Extended Care Health Option program shall be 
     $5,000.
       (b) Eligibility for Participation in Program After 
     Retirement or Separation From the Armed Forces.--
       (1) In general.--Except as provided in paragraph (2), a 
     member of a regular component of the Armed Forces who retires 
     from the Armed Forces shall be eligible for health care 
     benefits under the Extended Care Health Option program during 
     the one-year period beginning on the date of the retirement 
     of the member from the Armed Forces.
       (2) Disabled members.--A member of a regular component of 
     the Armed Forces who is retired or separated from the Armed 
     Forces for disability under chapter 61 of title 10, United 
     States Code, shall be eligible for health care benefits under 
     the Extended Care Health Option program during the two-year 
     period beginning on the date of the retirement or separation 
     of the member from the Armed Forces.
       (3) Family members.--The family members of a member of the 
     Armed Forces eligible for health care benefits under the 
     Extended Care Health Option program under this subsection are 
     eligible for health care benefits under the program during 
     the period of the member's eligibility for benefits under the 
     program.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the Extended Care Health 
     Option program. The report shall include the following:
       (1) An assessment of the effectiveness of the Extended Care 
     Health Option program in meeting the objectives of the 
     program, including the effectiveness of the program in 
     providing to beneficiaries the health care services which the 
     program was established to provide.
       (2) For the most recent fiscal year for which data is 
     available, a description for each medical condition for which 
     health care services are provided under the Extended Care 
     Health Option program of the number of military families 
     participating in the program whose monthly costs for such 
     services exceeded $2,500, and a statement of the reasons why 
     the monthly costs of such families for such services have 
     exceeded such amount.
       (d) Extended Care Health Option Program Defined.--In this 
     section, the term ``Extended Care Health Option program'' 
     means the program of extended benefits provided pursuant to 
     subsections (d), (e), and (f) of section 1079 of title 10, 
     United States Code.
                                 ______
                                 
  SA 5565. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 714. REIMBURSEMENT OF TRAVEL EXPENSES OF COVERED 
                   BENEFICIARIES FOR TRAVEL FOR SPECIALTY CARE 
                   UNDER EXCEPTIONAL CIRCUMSTANCES.

       (a) Reimbursement Authorized.--Section 1074i of title 10, 
     United States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Reimbursement for Travel Under Exceptional 
     Circumstances.--The Secretary of Defense may provide 
     reimbursement for reasonable travel expenses of travel of 
     covered beneficiaries and accompaniment to a specialty care 
     provider not otherwise authorized by that subsection under 
     such exceptional circumstances as the Secretary

[[Page S8556]]

     considers appropriate for purposes of this section.''.
       (b) Technical Amendment.--Subsection (a) of such section is 
     amended by inserting ``of Defense'' after ``the Secretary''.
                                 ______
                                 
  SA 5566. Mr. BIDEN (for himself and Mr. Lugar) 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--Enhanced Partnership With Pakistan

     SEC. 1241. SHORT TITLE.

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

     SEC. 1242. FINDINGS.

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

     SEC. 1243. DEFINITIONS.

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

     SEC. 1244. STATEMENT OF POLICY.

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

[[Page S8557]]

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

     SEC. 1246. LIMITATION ON CERTAIN ASSISTANCE.

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

     SEC. 1247. COALITION SUPPORT FUNDS.

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

     SEC. 1248. AFGHANISTAN-PAKISTAN BORDER STRATEGY.

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

       (a) Statement of Policy.--Congress declares that it is in 
     the national interest of the United States that the countries 
     of South and Central Asia work together to address common 
     challenges hampering the stability, security, and development 
     of their region and to enhance their cooperation.
       (b) Establishment.--The President shall appoint a special 
     envoy to promote closer cooperation between the countries of 
     South and Central Asia.
       (c) Appointment.--The special envoy will be appointed with 
     the advice and consent of

[[Page S8558]]

     the Senate and shall have the rank of ambassador.
       (d) Duties.--
       (1) In general.--The primary responsibility of the special 
     envoy shall be to coordinate United States policy on issues 
     relating to strengthening and facilitating relations between 
     the nations of South and Central Asia for the benefit of 
     stability and economic growth in the region.
       (2) Advisory role.--The special envoy shall advise the 
     President and the Secretary of State, as appropriate, and, in 
     coordination with the Assistant Secretary of State for South 
     and Central Asian Affairs, shall make recommendations 
     regarding effective strategies and tactics to achieve United 
     States policy objectives to--
       (A) stem cross-border terrorist activities;
       (B) provide assistance to refugees to ensure orderly and 
     voluntary repatriation from neighboring states;
       (C) bolster people-to-people ties and economic cooperation 
     between the nations of South and Central Asia, including 
     bilateral trade relations;
       (D) explore opportunities to anticipate and seek solutions 
     to critical cross-border issues; and
       (E) offer comprehensive efforts to support effective 
     counter-narcotics strategies in South and Central Asia.

     SEC. 1250. 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 5567. Mr. REID (for Mr. Kennedy (for himself, Mr. Kennedy, Mr. 
Alexander, Mr. Harkin, Mr. Bingaman, Ms, Murkowski, Mr. Voinovich, Mr. 
Brown, Mrs. Murray, Mr. Salazar, Mr. Bond, and Mr. Reid)) submitted an 
amendment intended to be proposed by Mr. Reid to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXXI, add the following:

     SEC. 3116. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY 
                   EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) In General.--Section 3686 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-15) is amended--
       (1) in subsection (c), by inserting ``and subtitle B'' 
     after ``this subtitle'' each place it appears;
       (2) in subsection (d), by inserting ``and subtitle B'' 
     after ``this subtitle'';
       (3) in subsection (e), by inserting ``and subtitle B'' 
     after ``this subtitle'' each place it appears;
       (4) by redesignating subsection (g) as subsection (h); and
       (5) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) National Institute for Occupational Safety and Health 
     Ombudsman.--In carrying out the duties of the Ombudsman under 
     this section, the Ombudsman shall work with the individual 
     employed by the National Institute for Occupational Safety 
     and Health to serve as an ombudsman to individuals making 
     claims under subtitle B.''.
       (b) Construction.--Except as specifically provided in 
     subsection (g) of section 3686 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000, as 
     amended by subsection (a) of this section, nothing in the 
     amendments made by such subsection (a) shall be construed to 
     alter or affect the duties and functions of the individual 
     employed by the National Institute for Occupational Safety 
     and Health to serve as an ombudsman to individuals making 
     claims under subtitle B of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et 
     seq.).
                                 ______
                                 
  SA 5568. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1110. SENIOR PROFESSIONAL PERFORMANCE.

       (a) Short Title.--This section may be cited as the ``Senior 
     Professional Performance Act of 2008''.
       (b) Pay Provisions Relating to Certain Senior-Level 
     Positions.--
       (1) Locality pay.--Section 5304 of title 5, United States 
     Code, is amended--
       (A) in subsection (g), by amending paragraph (2) to read as 
     follows:
       ``(2) The applicable maximum under this subsection shall be 
     level III of the Executive Schedule for--
       ``(A) positions under subparagraphs (A) and (B) of 
     subsection (h)(1); and
       ``(B) any positions under subsection (h)(1)(C) as the 
     President may determine.''; and
       (B) in subsection (h)--
       (i) in paragraph (1)--

       (I) by striking subparagraph (A);
       (II) in subparagraph (D)--

       (aa) in clause (v), by striking ``or'' at the end;
       (bb) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (cc) by adding at the end the following:
       ``(vii) a position to which section 5376 applies (relating 
     to certain senior-level and scientific and professional 
     positions).''; and

       (III) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively; and

       (ii) in paragraph (2)(B)--

       (I) in clause (i)--

       (aa) by striking ``subparagraphs (A) through (C)'' and 
     inserting ``subparagraphs (A) and (B)''; and
       (bb) by striking ``or (vi)'' and inserting ``(vi), or 
     (vii)''; and

       (II) in clause (ii)--

       (aa) by striking ``paragraph (1)(D)'' and inserting 
     ``paragraph (1)(C)''; and
       (bb) by striking ``or (vi)'' and inserting ``(vi), or 
     (vii)''.
       (2) Access to higher maximum rate of basic pay.--Section 
     5376(b) of title 5, United States Code, is amended--
       (A) in paragraph (1), by striking subparagraph (B) and 
     inserting the following:
       ``(B) subject to paragraph (3), not greater than the rate 
     of basic pay payable for level III of the Executive 
     Schedule.''; and
       (B) by adding at the end the following:
       ``(3) In the case of an agency which has a performance 
     appraisal system which, as designed and applied, is certified 
     under section 5307(d) as making meaningful distinctions based 
     on relative performance, paragraph (1)(B) shall apply as if 
     the reference to `level III' were a reference to `level II'.
       ``(4) No employee may suffer a reduction in pay by reason 
     of transfer from an agency with an applicable maximum rate of 
     pay prescribed under paragraph (3) to an agency with an 
     applicable maximum rate of pay prescribed under paragraph 
     (1)(B).''.
       (3) Authority for employment; appointments; classification 
     standards.--Title 5, United States Code is amended--
       (A) in section 3104(a), in the second sentence, by striking 
     ``prescribes'' and inserting ``prescribes and publishes in 
     such form as the Director may determine'';
       (B) in section 3324(a) by striking ``the Office of 
     Personnel Management'' and inserting: ``the Director of the 
     Office of Personnel Management on the basis of qualification 
     standards developed by the agency involved in accordance with 
     criteria specified in regulations prescribed by the 
     Director'';
       (C) in section 3325--
       (i) in subsection (a), in the second sentence, by striking 
     ``or its designee for this purpose'' and inserting the 
     following: ``on the basis of standards developed by the 
     agency involved in accordance with criteria specified in 
     regulations prescribed by the Director of the Office of 
     Personnel Management''; and
       (ii) by adding at the end the following:
       ``(c) The Director of the Office of Personnel Management 
     shall prescribe such regulations as may be necessary to carry 
     out the purpose of this section.''; and
       (D) in section 5108(a)(2) by inserting ``published by the 
     Director of the Office of Personnel Management in such form 
     as the Director may determine'' after ``and procedures''.
       (4) Effective date and application.--
       (A) Effective date.--The amendments made by this subsection 
     shall take effect on the first day of the first pay period 
     beginning on or after the 180th day following the date of 
     enactment of this Act.
       (B) No reductions in rates of pay.--
       (i) In general.--The amendments made by this subsection may 
     not result, at the time such amendments take effect, in a 
     reduction in the rate of basic pay for an individual holding 
     a position to which section 5376 of title 5, United States 
     Code, applies.
       (ii) Determination of rate of pay.--For the purposes of 
     clause (i), the rate of basic pay for an individual described 
     in that clause shall be deemed to be the rate of basic pay 
     set for the individual under section 5376 of title 5, United 
     States Code, plus any applicable locality pay paid to that 
     individual on the day before the effective date under 
     subparagraph (A), subject to regulations that the Director of 
     the Office of Personnel Management may prescribe.
       (C) References to maximum rates.--Except as otherwise 
     provided by law, any reference in a provision of law to the 
     maximum rate under section 5376 of title 5, United States 
     Code--
       (i) as provided before the effective date of the amendments 
     made by this subsection,

[[Page S8559]]

     shall be considered a reference to the rate of basic pay for 
     level IV of the Executive Schedule; and
       (ii) as provided on or after the effective date of the 
     amendments made by this subsection, shall be considered a 
     reference to--

       (I) the rate of basic pay for level III of the Executive 
     Schedule; or
       (II) if the head of the agency responsible for 
     administering the applicable pay system certifies that the 
     employees are covered by a performance appraisal system 
     meeting the certification criteria established by regulation 
     under section 5307(d), level II of the Executive Schedule.

       (c) Limitations on Certain Payments.--
       (1) In general.--Section 5307(d) of title 5, United States 
     Code, is amended--
       (A) in paragraph (2), by striking all after ``purposes of'' 
     and inserting: ``applying the limitation in the calendar year 
     involved, has a performance appraisal system certified under 
     this subsection as making, in its design and application, 
     meaningful distinctions based on relative performance.''; and
       (B) in paragraph (3)(B)--
       (i) by striking all beginning with ``An'' through ``2 
     calendar years'' and inserting ``The certification of an 
     agency performance appraisal system under this subsection 
     shall be for a period not to exceed 24 months beginning on 
     the date of certification, unless extended by the Director of 
     the Office of Personnel Management for up to 6 additional 
     months''; and
       (ii) by striking ``, for purposes of either or both of 
     those years,''.
       (2) Extension of certification.--
       (A) Extension to 2009.--
       (i) In general.--For any certification of a performance 
     appraisal system under section 5307(d) of title 5, United 
     States Code, in effect on the date of enactment of this Act 
     and scheduled to expire at the end of calendar year 2008, the 
     Director of the Office of Personnel Management may provide 
     that such a certification shall be extended without requiring 
     additional justification by the agency.
       (ii) Limitation.--The expiration of any extension under 
     this subparagraph shall be not later than the later of--

       (I) June 30, 2009; or
       (II) the first anniversary of the date of the 
     certification.

       (B) Extension to 2010.--
       (i) In general.--For any certification of a performance 
     appraisal system under section 5307(d) of title 5, United 
     States Code, in effect on the date of enactment and scheduled 
     to expire at the end of calendar year 2009, the Director of 
     the Office of Personnel Management may provide that such a 
     certification shall be extended without requiring additional 
     justification by the agency.
       (ii) Limitation.--The expiration of any extension under 
     this subparagraph shall be not later than the later of--

       (I) June 30, 2010; or
       (II) the second anniversary of the date of the 
     certification.

       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 5569. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1002 and insert the following:

     SEC. 1002. PROGRAM LEVEL FUNDING GUIDANCE.

       (a) Military Activities of the Department of Defense.--
       (1) Procurement.--Amounts authorized to be appropriated to 
     an account of the Department of Defense by a provision of 
     title I of this Act shall be available under that title for 
     each program specified in the column designated ``Program 
     Title'' in the amount specified in the column designated as 
     ``Senate Authorized'' and, if applicable, in the number for 
     such program specified in the column designated as ``Qty'', 
     in the table as follows:

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[[Page S8635]]

       (2) Research, development, test, and evaluation.--Amounts 
     authorized to be appropriated to an account of the Department 
     of Defense by a provision of title II of this Act shall be 
     available under that title for each program specified in the 
     column designated ``Program Title'' in the amount specified 
     in the column designated as ``Senate Authorized'' in the 
     table as follows:

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[[Page S8696]]

       (3) Operation and maintenance.--Amounts authorized to be 
     appropriated to an account of the Department of Defense by a 
     provision of title III of this Act shall be available under 
     that title for each program specified in the column 
     designated ``Program Title'' in the amount specified in the 
     column designated as ``Senate Authorized'' in the table as 
     follows:

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[[Page S8728]]

       (4) Other authorizations.--Amounts authorized to be 
     appropriated to an account of the Department of Defense by a 
     provision of title XIV of this Act shall be available under 
     that title for each program specified in the column 
     designated ``Program Title'' in the amount specified in the 
     column designated as ``Senate Authorized'' in the table as 
     follows:

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[[Page S8731]]

       (b) Military Construction.--
       (1) Military construction generally.--Amounts authorized to 
     be appropriated to an account of the Department of Defense by 
     a provision of title XXI, XXII, XXIII, XXIV, or XXVI of this 
     Act shall be available for military construction projects 
     under such title for each military construction project 
     specified in the column designated ``Project Title'' 
     (together with the associated information in columns 
     designated ``State/Country'' and ``Installation'') in the 
     amount specified in the column designated as ``Senate 
     Authorized'' in the table as follows:

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[[Page S8748]]

       (2) Defense base closure and realignment.--Amounts 
     authorized to be appropriated to an account of the Department 
     of Defense by a provision of title XXVII of this Act shall be 
     available for military construction projects under that title 
     for each military construction project specified in the 
     column designated ``Project Title'' (together with the 
     associated information in columns designated ``Agency'', 
     ``Location'', and ``State'') in the amount specified in the 
     column designated as ``Authorization of Appropriation'' in 
     the table as follows:

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[[Page S8757]]

       (3) War-related military construction.--Amounts authorized 
     to be appropriated to an account of the Department of Defense 
     by a provision of title XXIX of this Act shall be available 
     for military construction projects under that title for each 
     military construction project specified in the column 
     designated ``Project Title'' (together with the associated 
     information in columns designated ``State/Country'', 
     ``Service'', and ``Installation'') in the amount specified in 
     the column designated as ``Senate Authorized'' in the table 
     as follows: 

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[[Page S8760]]

       (c) Department of Energy National Security Programs.--
     Amounts authorized to be appropriated to an account of the 
     Department of Energy by a provision of title XXXI of this Act 
     shall be available for national security programs of the 
     Department of Energy under that title for each program 
     specified in the column designated ``Program'' in the amount 
     specified in the column designated as ``Senate Authorized'' 
     in the table as follows:

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[[Page S8782]]

       (d) Sense of Senate.--
       (1) Findings.--The Senate makes the following findings:
       (A) Executive Order 13457, entitled ``Protecting American 
     Taxpayers from Government Spending on Wasteful Earmarks'', 
     makes clear that future earmarks would be honored only if 
     included in the text of legislation. This Executive Order was 
     an attempt to assure taxpayers their money would be spent 
     responsibly by providing more transparency and accountability 
     in the budget process.
       (B) Any attempt to block the application of this Executive 
     Order would be objectionable under the Constitution in that 
     it would seek to prohibit the President from supervising 
     Executive Branch agencies as to discretionary matters and to 
     have agencies implement informal preferences of committees of 
     Congress that are not enacted into law.
       (2) Sense of senate.--It is the sense of the Senate that 
     legislative language blocking the application of Executive 
     Order 13457 should be rejected.
                                 ______
                                 
  SA 5570. 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:
       ``(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.
       (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:

[[Page S8783]]

       ``(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, 
     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, 
     determines, under regulations promulgated by the Presidential 
     designee, is not clearly necessary to prevent fraud in the 
     conduct of elections).''.
                                 ______
                                 
  SA 5571. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 42, between lines 12 and 13, insert the following:
       (12) The ballistic missile threat to the United States, 
     deployed forces of the United States, and allies and friends 
     of the United States from short-range, medium-range, 
     intermediate-range, and long-range ballistic missiles of 
     North Korea, Iran, and other countries with active ballistic 
     missile programs, including the following:
       (A) The ranges of the ballistic missiles in such programs.
       (B) The fuel propulsion systems of such missiles.
       (C) The booster and warhead characteristics of such 
     missiles.
       (D) The capacity of such missiles to employ 
     countermeasures, decoys, or multiple re-entry vehicles.
                                 ______
                                 
  SA 5572. Mr. DODD (for himself and Mr. Shelby) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XII, add the following:

     Subtitle E--Comprehensive Iran Sanctions, Accountability, and 
                               Divestment

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2008''.

                           PART I--SANCTIONS

     SEC. 1251. DEFINITIONS.

       In this part:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14(2) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (3) Executive agency.--The term ``executive agency'' has 
     the meaning given that term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (4) Family member.--The term ``family member'' means, with 
     respect to an individual, the spouse, children, 
     grandchildren, or parents of the individual.
       (5) Information and informational materials.--The term 
     ``information and informational materials''--
       (A) means information and informational materials described 
     in section 203(b)(3) of the International Emergency Economic 
     Powers Act (50 U.S.C. 1702(b)(3)); and
       (B) does not include information or informational 
     materials--
       (i) the exportation of which is otherwise controlled--

       (I) under section 5 of the Export Administration Act of 
     1979 (50 U.S.C. App. 2404) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)); or
       (II) under section 6 of that Act (50 U.S.C. App. 2405), to 
     the extent that such controls promote the nonproliferation or 
     anti-terrorism policies of the United States; or

       (ii) with respect to which acts are prohibited by chapter 
     37 of title 18, United States Code.
       (6) Investment.--The term ``investment'' has the meaning 
     given that term in section 14(9) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (7) Iranian diplomats and representatives of other 
     government and military or quasi-governmental institutions of 
     iran.--The term ``Iranian diplomats and representatives of 
     other government and military or quasi-governmental 
     institutions of Iran'' has the meaning given that term in 
     section 14(11) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note).
       (8) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (9) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).

     SEC. 1252. CLARIFICATION AND EXPANSION OF DEFINITIONS.

       (a) Person.--Section 14(13)(B) of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended--
       (1) by inserting ``financial institution, insurer, 
     underwriter, guarantor, and any other business organization, 
     including any foreign subsidiary, parent, or affiliate of the 
     foregoing,'' after ``trust,''; and
       (2) by inserting ``, such as an export credit agency'' 
     before the semicolon.
       (b) Petroleum Resources.--Section 14(14) of the Iran 
     Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 
     note) is amended by striking ``petroleum and natural gas 
     resources'' and inserting ``petroleum, petroleum by-products, 
     oil or liquefied natural gas, oil or liquefied natural gas 
     tankers, and products used to construct or maintain pipelines 
     used to transport oil or liquefied natural gas''.

     SEC. 1253. ECONOMIC SANCTIONS RELATING TO IRAN.

       (a) In General.--Notwithstanding any other provision of 
     law, and in addition to any other sanction in effect, 
     beginning on the date that is 15 days after the effective 
     date of this subtitle, the economic sanctions described in 
     subsection (b) shall apply with respect to Iran.
       (b) Sanctions.--The sanctions described in this subsection 
     are the following:
       (1) Prohibition on imports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article of Iranian origin may be imported directly or 
     indirectly into the United States.
       (B) Exception.--The prohibition in subparagraph (A) does 
     not apply to imports from Iran of information and 
     informational materials.
       (2) Prohibition on exports.--
       (A) In general.--Except as provided in subparagraph (B), no 
     article of United States origin may be exported directly or 
     indirectly to Iran.
       (B) Exceptions.--The prohibition in subparagraph (A) does 
     not apply to exports to Iran of--
       (i) agricultural commodities, food, medicine, or medical 
     devices;
       (ii) articles exported to Iran to provide humanitarian 
     assistance to the people of Iran;
       (iii) information or informational materials; or
       (iv) goods, services, or technologies necessary to ensure 
     the safe operation of commercial passenger aircraft produced 
     in the United States if the exportation of such goods, 
     services, or technologies is approved by the Secretary of the 
     Treasury, in consultation with the Secretary of Commerce, 
     pursuant to regulations for licensing the exportation of such 
     goods, services, or technologies, if appropriate.
       (3) Freezing assets.--
       (A) In general.--At such time as the United States has 
     access to the names of persons in Iran, including Iranian 
     diplomats and representatives of other government and 
     military or quasi-governmental institutions of Iran, that are 
     determined to be subject to sanctions imposed under the 
     authority of the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.) or any other provision of law 
     relating to the imposition of sanctions with respect to Iran, 
     the President shall take such action as may be necessary to 
     freeze immediately the funds and other assets belonging to 
     anyone so named and any family members or associates of those 
     so named to whom assets or property of those so named were 
     transferred on or after January 1, 2008. The action described 
     in the preceding sentence includes requiring any United 
     States financial institution that holds funds and assets of a 
     person so named to report promptly to the Office of Foreign 
     Assets Control information regarding such funds and assets.
       (B) Asset reporting requirement.--Not later than 14 days 
     after a decision is made to freeze the property or assets of 
     any person under this paragraph, the President shall report 
     the name of such person to the appropriate congressional 
     committees.
       (4) United states government contracts.--The head of an 
     executive agency may not procure, or enter into a contract 
     for the procurement of, any goods or services from a person 
     that meets the criteria for the imposition of sanctions under 
     section 5(a) of

[[Page S8784]]

     the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 
     1701 note).
       (c) Waiver.--The President may waive the application of the 
     sanctions described in subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.

     SEC. 1254. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN SUBSIDIARIES.

       (a) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Own or control.--The term ``own or control'' means, 
     with respect to an entity--
       (A) to hold more than 50 percent of the equity interest by 
     vote or value in the entity;
       (B) to hold a majority of seats on the board of directors 
     of the entity; or
       (C) to otherwise control the actions, policies, or 
     personnel decisions of the entity.
       (3) Subsidiary.--The term ``subsidiary'' means an entity 
     that is owned or controlled, directly or indirectly, by a 
     United States person.
       (4) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen, resident, or 
     national of the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own or control the entity.
       (b) In General.--A United States person shall be subject to 
     a penalty for a violation of the provisions of Executive 
     Order 12959 (50 U.S.C. 1701 note) or Executive Order 13059 
     (50 U.S.C. 1701 note), or any other prohibition on 
     transactions with respect to Iran imposed under the authority 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.), if--
       (1) the President determines that the United States person 
     establishes or maintains a subsidiary outside of the United 
     States for the purpose of circumventing such provisions; and
       (2) that subsidiary engages in an act that, if committed in 
     the United States or by a United States person, would violate 
     such provisions.
       (c) Waiver.--The President may waive the application of 
     subsection (b) if the President--
       (1) determines that such a waiver is in the national 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (d) Effective Date.--
       (1) In general.--Subsection (b) shall take effect on the 
     date of the enactment of this Act and apply with respect to 
     acts described in subsection (b)(2) that are--
       (A) commenced on or after the date of the enactment of this 
     Act; or
       (B) except as provided in paragraph (2), commenced before 
     such date of enactment, if such acts continue on or after 
     such date of enactment.
       (2) Exception.--Subsection (b) shall not apply with respect 
     to an act described in paragraph (1)(B) by a subsidiary owned 
     or controlled by a United States person if the United States 
     person divests or terminates its business with the subsidiary 
     not later than 90 days after such date of enactment.

     SEC. 1255. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL 
                   OR TERRORIST FINANCING.

       (a) Finding.--Congress finds that the work of the Office of 
     Terrorism and Financial Intelligence of the Department of the 
     Treasury, which includes the Office of Foreign Assets Control 
     and the Financial Crimes Enforcement Network, is critical to 
     ensuring that the international financial system is not used 
     for purposes of supporting terrorism and developing weapons 
     of mass destruction.
       (b) Authorization of Appropriations for Office of Terrorism 
     and Financial Intelligence.--There is authorized to be 
     appropriated to the Secretary of the Treasury for the Office 
     of Terrorism and Financial Intelligence--
       (1) $61,712,000 for fiscal year 2009; and
       (2) such sums as may be necessary for each of the fiscal 
     years 2010 and 2011.
       (c) Authorization of Appropriations for the Financial 
     Crimes Enforcement Network.--Section 310(d)(1) of title 31, 
     United States Code, is amended by striking ``such sums as may 
     be necessary for fiscal years 2002, 2003, 2004, and 2005'' 
     and inserting ``$91,335,000 for fiscal year 2009 and such 
     sums as may be necessary for each of the fiscal years 2010 
     and 2011''.

     SEC. 1256. REPORTING REQUIREMENTS.

       (a) Foreign Investment in Iran.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate congressional committees a report on--
       (A) any foreign investments of $20,000,000 or more made in 
     Iran's energy sector on or after January 1, 2008, and before 
     the date on which the President submits the report; and
       (B) the determination of the President on whether each such 
     investment qualifies as a sanctionable offense under section 
     5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (2) Subsequent reports.--Not later than 1 year after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to the appropriate 
     congressional committees a report on--
       (A) any foreign investments of $20,000,000 or more made in 
     Iran's energy sector during the 180-day period preceding the 
     submission of the report; and
       (B) the determination of the President on whether each such 
     investment qualifies as a sanctionable offense under section 
     5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (b) Form of Reports.--The reports required under subsection 
     (a) shall be submitted in unclassified form, but may contain 
     a classified annex.

     SEC. 1257. SENSE OF CONGRESS REGARDING THE IMPOSITION OF 
                   SANCTIONS ON THE CENTRAL BANK OF IRAN.

       Congress urges the President, in the strongest terms, to 
     consider immediately using the authority of the President to 
     impose sanctions on the Central Bank of Iran and any other 
     Iranian bank engaged in proliferation activities or support 
     of terrorist groups.

     PART II--DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN

     SEC. 1261. DEFINITIONS.

       In this part:
       (1) Energy sector.--The term ``energy sector'' refers to 
     activities to develop petroleum or natural gas resources or 
     nuclear power.
       (2) Financial institution.--The term ``financial 
     institution'' has the meaning given that term in section 
     14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note).
       (3) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (4) Person.--The term ``person'' means--
       (A) a natural person, corporation, company, business 
     association, partnership, society, trust, or any other 
     nongovernmental entity, organization, or group;
       (B) any governmental entity or instrumentality of a 
     government, including a multilateral development institution 
     (as defined in section 1701(c)(3) of the International 
     Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
       (C) any successor, subunit, parent company, or subsidiary 
     of any entity described in subparagraph (A) or (B).
       (5) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       (6) State or local government.--The term ``State or local 
     government'' includes--
       (A) any State and any agency or instrumentality thereof;
       (B) any local government within a State, and any agency or 
     instrumentality thereof;
       (C) any other governmental instrumentality; and
       (D) any public institution of higher education within the 
     meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.).

     SEC. 1262. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST 
                   FROM CERTAIN COMPANIES THAT INVEST IN IRAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should support the decision of 
     any State or local government to divest from, or to prohibit 
     the investment of assets of the State or local government in, 
     a person that the State or local government determines poses 
     a financial or reputational risk.
       (b) Authority to Divest.--Notwithstanding any other 
     provision of law, a State or local government may adopt and 
     enforce measures that meet the requirements of subsection (d) 
     to divest the assets of the State or local government from, 
     or prohibit investment of the assets of the State or local 
     government in, any person that the State or local government 
     determines, using credible information available to the 
     public, engages in investment activities in Iran described in 
     subsection (c).
       (c) Investment Activities Described.--A person engages in 
     investment activities in Iran described in this subsection if 
     the person--
       (1) has an investment of $20,000,000 or more--
       (A) in the energy sector of Iran; or
       (B) in a person that provides oil or liquified natural gas 
     tankers, or products used to construct or maintain pipelines 
     used to transport oil or liquified natural gas, for the 
     energy sector in Iran; or
       (2) is a financial institution that extends $20,000,000 or 
     more in credit to another person, for 45 days or more, if 
     that person will use the credit to invest in the energy 
     sector in Iran.
       (d) Requirements.--Any measure taken by a State or local 
     government under subsection (b) shall meet the following 
     requirements:
       (1) Notice.--The State or local government shall provide 
     written notice to each person to which a measure is to be 
     applied.
       (2) Timing.--The measure shall apply to a person not 
     earlier than the date that is 90 days after the date on which 
     written notice is provided to the person under paragraph (1).
       (3) Opportunity for hearing.--The State or local government 
     shall provide an opportunity to comment in writing to each 
     person to which a measure is to be applied. If the person 
     demonstrates to the State or local government that the person 
     does not engage in investment activities in Iran described in 
     subsection (c), the measure shall not apply to the person.

[[Page S8785]]

       (4) Sense of congress on avoiding erroneous targeting.--It 
     is the sense of Congress that a State or local government 
     should not adopt a measure under subsection (b) with respect 
     to a person unless the State or local government has made 
     every effort to avoid erroneously targeting the person and 
     has verified that the person engages in investment activities 
     in Iran described in subsection (c).
       (e) Notice to Department of Justice.--Not later than 30 
     days after adopting a measure pursuant to subsection (b), a 
     State or local government shall submit written notice to the 
     Attorney General describing the measure.
       (f) Nonpreemption.--A measure of a State or local 
     government authorized under subsection (b) is not preempted 
     by any Federal law or regulation.
       (g) Definitions.--In this section:
       (1) Investment.--The ``investment'' of assets, with respect 
     to a State or local government, includes--
       (A) a commitment or contribution of assets;
       (B) a loan or other extension of credit; and
       (C) the entry into or renewal of a contract for goods or 
     services.
       (2) Assets.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``assets'' refers to public monies and includes any 
     pension, retirement, annuity, or endowment fund, or similar 
     instrument, that is controlled by a State or local 
     government.
       (B) Exception.--The term ``assets'' does not include 
     employee benefit plans covered by title I of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1001 et 
     seq.).
       (h) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), this 
     section applies to measures adopted by a State or local 
     government before, on, or after the date of the enactment of 
     this Act.
       (2) Notice requirements.--Subsections (d) and (e) apply to 
     measures adopted by a State or local government on or after 
     the date of the enactment of this Act.

     SEC. 1263. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY 
                   ASSET MANAGERS.

       (a) In General.--Section 13(c)(1) of the Investment Company 
     Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended to read as 
     follows:
       ``(1) In general.--Notwithstanding any other provision of 
     Federal or State law, no person may bring any civil, 
     criminal, or administrative action against any registered 
     investment company, or any employee, officer, director, or 
     investment adviser thereof, based solely upon the investment 
     company divesting from, or avoiding investing in, securities 
     issued by persons that the investment company determines, 
     using credible information available to the public--
       ``(A) conduct or have direct investments in business 
     operations in Sudan described in section 3(d) of the Sudan 
     Accountability and Divestment Act of 2007 (50 U.S.C. 1701 
     note); or
       ``(B) engage in investment activities in Iran described in 
     section 1262(c) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2008.''.
       (b) SEC Regulations.--Not later than 120 days after the 
     date of the enactment of this Act, the Securities and 
     Exchange Commission shall issue any revisions the Commission 
     determines to be necessary to the regulations requiring 
     disclosure by each registered investment company that divests 
     itself of securities in accordance with section 13(c) of the 
     Investment Company Act of 1940 to include divestments of 
     securities in accordance with paragraph (1)(B) of such 
     section, as added by subsection (a).

     SEC. 1264. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN 
                   INVESTMENTS.

       It is the sense of Congress that a fiduciary of an employee 
     benefit plan, as defined in section 3(3) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), 
     may divest plan assets from, or avoid investing plan assets 
     in, any person the fiduciary determines engages in investment 
     activities in Iran described in section 1262(c) of this Act, 
     without breaching the responsibilities, obligations, or 
     duties imposed upon the fiduciary by section 404 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1104), if--
       (1) the fiduciary makes such determination using credible 
     information that is available to the public; and
       (2) such divestment or avoidance of investment is conducted 
     in accordance with section 2509.94-1 of title 29, Code of 
     Federal Regulations (as in effect on the day before the date 
     of the enactment of this Act).

 PART III--PREVENTION OF TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF 
                        SENSITIVE ITEMS TO IRAN

     SEC. 1271. DEFINITIONS.

       In this part:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Foreign Relations, and the Select Committee 
     on Intelligence of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) End-user.--The term ``end-user'' means an end-user as 
     that term is used in the Export Administration Regulations.
       (3) Entity owned or controlled by the government of iran.--
     The term ``entity owned or controlled by the Government of 
     Iran'' includes--
       (A) any corporation, partnership, association, or other 
     entity in which the Government of Iran owns a majority or 
     controlling interest; and
       (B) any entity that is otherwise controlled by the 
     Government of Iran.
       (4) Export administration regulations.--The term ``Export 
     Administration Regulations'' means subchapter C of chapter 
     VII of title 15, Code of Federal Regulations.
       (5) Government.--The term ``government'' includes any 
     agency or instrumentality of a government.
       (6) Iran.--The term ``Iran'' includes any agency or 
     instrumentality of Iran.
       (7) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means any country the government of which the 
     Secretary of State has determined has repeatedly provided 
     support for acts of international terrorism pursuant to--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)).
       (8) Transshipment, reexportation, or diversion.--The term 
     ``transshipment, reexportation, or diversion'' means the 
     exportation, directly or indirectly, of items that originated 
     in the United States to an end-user whose identity cannot be 
     verified or to an entity owned or controlled by the 
     Government of Iran in violation of the laws or regulations of 
     the United States by any means, including by--
       (A) shipping such items through 1 or more foreign 
     countries; or
       (B) by using false information regarding the country of 
     origin of such items.

     SEC. 1272. IDENTIFICATION OF LOCATIONS OF CONCERN WITH 
                   RESPECT TO TRANSSHIPMENT, REEXPORTATION, OR 
                   DIVERSION OF CERTAIN ITEMS TO IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Director of National 
     Intelligence shall submit to the Secretary of Commerce, the 
     Secretary of State, the Secretary of the Treasury, and the 
     appropriate congressional committees a report that identifies 
     all countries that the Director determines are of concern 
     with respect to transshipment, reexportation, or diversion of 
     items subject to the provisions of the Export Administration 
     Regulations to an entity owned or controlled by the 
     Government of Iran.

     SEC. 1273. DESTINATIONS OF POSSIBLE DIVERSION CONCERN AND 
                   DESTINATIONS OF DIVERSION CONCERN.

       (a) Destinations of Possible Diversion Concern.--
       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Possible Diversion Concern if 
     the Secretary, in consultation with the Secretary of State 
     and the Secretary of the Treasury, determines that such 
     designation is appropriate to carry out activities to 
     strengthen the export control systems of that country based 
     on criteria that include--
       (A) the volume of items that originated in the United 
     States that are transported through the country to end-users 
     whose identities cannot be verified;
       (B) the inadequacy of the export and reexport controls of 
     the country;
       (C) the unwillingness or demonstrated inability of the 
     government of the country to control diversion activities; 
     and
       (D) the unwillingness or inability of the government of the 
     country to cooperate with the United States in interdiction 
     efforts.
       (2) Strengthening export control systems of destinations of 
     possible diversion concern.--If the Secretary of Commerce 
     designates a country as a Destination of Possible Diversion 
     Concern under paragraph (1), the United States shall initiate 
     government-to-government activities described in paragraph 
     (3) to strengthen the export control systems of the country.
       (3) Government-to-government activities described.--The 
     government-to-government activities described in this 
     paragraph include--
       (A) cooperation by agencies and departments of the United 
     States with counterpart agencies and departments in a country 
     designated as a Destination of Possible Diversion Concern 
     under paragraph (1) to--
       (i) develop or strengthen export control systems in the 
     country;
       (ii) strengthen cooperation and facilitate enforcement of 
     export control systems in the country; and
       (iii) promote information and data exchanges among agencies 
     of the country and with the United States; and
       (B) efforts by the Office of International Programs of the 
     Department of Commerce to strengthen the export control 
     systems of the country to--
       (i) facilitate legitimate trade in high-technology goods; 
     and
       (ii) prevent terrorists and state sponsors of terrorism, 
     including Iran, from obtaining nuclear, biological, and 
     chemical weapons, defense technologies, components for 
     improvised explosive devices, and other defense items.
       (b) Destinations of Diversion Concern.--

[[Page S8786]]

       (1) Designation.--The Secretary of Commerce shall designate 
     a country as a Destination of Diversion Concern if the 
     Secretary, in consultation with the Secretary of State and 
     the Secretary of the Treasury, determines--
       (A) that the government of the country is directly involved 
     in transshipment, reexportation, or diversion of items that 
     originated in the United States to end-users whose identities 
     cannot be verified or to entities owned or controlled by the 
     Government of Iran; or
       (B) 12 months after the Secretary of Commerce designates 
     the country as a Destination of Possible Diversion Concern 
     under subsection (a)(1), that the country has failed--
       (i) to cooperate with the government-to-government 
     activities initiated by the United States under subsection 
     (a)(2); or
       (ii) based on the criteria described in subsection (a)(1), 
     to adequately strengthen the export control systems of the 
     country.
       (2) Licensing controls with respect to destinations of 
     diversion concern.--
       (A) Report on suspect items.--
       (i) In general.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Commerce, in 
     consultation with the Director of National Intelligence, the 
     Secretary of State, and the Secretary of the Treasury, shall 
     submit to the appropriate congressional committees a report 
     containing a list of items that, if the items were 
     transshipped, reexported, or diverted to Iran, could 
     contribute to--

       (I) Iran obtaining nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (II) support by Iran for acts of international terrorism.

       (ii) Considerations for list.--In developing the list 
     required under clause (i), the Secretary of Commerce shall 
     consider--

       (I) the items subject to licensing requirements under 
     section 742.8 of title 15, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling) and other 
     existing licensing requirements; and
       (II) the items added to the list of items for which a 
     license is required for exportation to North Korea by the 
     final rule of the Bureau of Export Administration of the 
     Department of Commerce issued on June 19, 2000 (65 Fed. Reg. 
     38148; relating to export restrictions on North Korea).

       (B) Licensing requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Commerce shall require a license to export an item on the 
     list required under subparagraph (A)(i) to a country 
     designated as a Destination of Diversion Concern.
       (3) Waiver.--The President may waive the imposition of the 
     licensing requirement under paragraph (2)(B) with respect to 
     a country designated as a Destination of Diversion Concern if 
     the President--
       (A) determines that such a waiver is in the national 
     interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     report describing the reasons for the determination.
       (c) Termination of Designation.--The designation of a 
     country as a Destination of Possible Diversion Concern or a 
     Destination of Diversion Concern shall terminate on the date 
     on which the Secretary of Commerce determines, based on the 
     criteria described in subparagraphs (A) through (D) of 
     subsection (a)(1), and certifies to Congress and the 
     President that the country has adequately strengthened the 
     export control systems of the country to prevent 
     transshipment, reexportation, and diversion of items through 
     the country to end-users whose identities cannot be verified 
     or to entities owned or controlled by the Government of Iran.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1274. REPORT ON EXPANDING DIVERSION CONCERN SYSTEM TO 
                   COUNTRIES OTHER THAN IRAN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence, in 
     consultation with the Secretary of Commerce, the Secretary of 
     State, and the Secretary of the Treasury, shall submit to the 
     appropriate congressional committees a report that--
       (1) identifies any country that the Director determines may 
     be transshipping, reexporting, or diverting items subject to 
     the provisions of the Export Administration Regulations to 
     another country if such other country--
       (A) is seeking to obtain nuclear, biological, or chemical 
     weapons, defense technologies, components for improvised 
     explosive devices, or other defense items; or
       (B) provides support for acts of international terrorism; 
     and
       (2) assesses the feasability and advisability of expanding 
     the system established under section 1273 for designating 
     countries as Destinations of Possible Diversion Concern and 
     Destinations of Diversion Concern to include countries 
     identified under paragraph (1).

                    PART IV--EFFECTIVE DATE; SUNSET

     SEC. 1281. EFFECTIVE DATE; SUNSET.

       (a) Effective Date.--Except as provided in sections 1254, 
     1262, and 1273(b)(2)(A), the provisions of, and amendments 
     made by, this subtitle shall take effect on the date that is 
     120 days after the date of the enactment of this Act.
       (b) Sunset.--The provisions of this subtitle shall 
     terminate on the date that is 30 days after the date on which 
     the President certifies to Congress that--
       (1) the Government of Iran has ceased providing support for 
     acts of international terrorism and no longer satisfies the 
     requirements for designation as a state sponsor of terrorism 
     under--
       (A) section 6(j)(1)(A) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor 
     thereto);
       (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (C) section 620A(a) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371(a)); and
       (2) Iran has ceased the pursuit, acquisition, and 
     development of nuclear, biological, and chemical weapons and 
     ballistic missiles and ballistic missile launch technology.
                                 ______
                                 
  SA 5573. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1056. COMPTROLLER GENERAL OF THE UNITED STATES 
                   ASSESSMENT ON THE EFFECTIVENESS OF MILITARY 
                   WHISTLEBLOWER PROTECTIONS.

       (a) Evaluation.--The Comptroller General of the United 
     States shall--
       (1) conduct a comprehensive analysis and evaluation of the 
     effectiveness of military whistleblower protections afforded 
     to members of the Armed Services by the Department of 
     Defense;
       (2) conduct a comprehensive audit and evaluation of a 
     selected, statistically significant sample of military 
     whistleblower cases at the Office of the Inspector General of 
     the Department of Defense, as well as one or more Offices of 
     the Inspector General of a military department (as selected 
     by the Comptroller General for the purposes of this section), 
     which audit and evaluation shall include a review of internal 
     controls to ensure the funds are being effectively utilized 
     for appropriate training on and investigation of military 
     whistleblower reprisal complaints as set forth under section 
     1034 of title 10, United States Code; and
       (3) conduct an analysis of Department wide efforts to 
     educate and inform members of the Armed Forces about the 
     protections provided to them under section 1034 of title 10, 
     United States Code.
       (b) Report.--
       (1) In general.--Not later than September 1, 2009, the 
     Comptroller General shall submit a report on the evaluation 
     conducted under paragraph (1), the audit conducted under 
     paragraph (2), and the analysis conducted under paragraph 
     (3), together with supporting materials, to the Chairman and 
     Ranking Minority Member of each of the followings:
       (A) The Committees on Armed Services, Homeland Security and 
     Governmental Affairs, and the Judiciary of the Senate.
       (B) The Committees on Armed Services, Homeland Security, 
     and the Judiciary of the House of Representatives.
       (2) Public availability of report.--The Comptroller General 
     shall make available to the public the report submitted under 
     paragraph (1) not later than October 1, 2009.
                                 ______
                                 
  SA 5574. Mr. NELSON of Nebraska (for himself and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
3001, to authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

       Sections 1212(c)(1)(A) and 1212(d)(2) of title 10, United 
     States Code, as added by section 1646 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 472), are amended by striking ``incurred during the 
     performance of duty in combat-related operations as 
     designated by the Secretary of Defense.'' and inserting 
     ``incurred (as determined under criteria prescribed by the 
     Secretary of Defense)--
       ``(i) as a direct result of armed conflict;
       ``(ii) while engaged in hazardous service;
       ``(iii) in the performance of duty under conditions 
     simulating war; or
       ``(iv) through an instrumentality of war.''.
                                 ______
                                 
  SA 5575. Mr. LEAHY 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, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction,

[[Page S8787]]

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. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY 
                   THE UNITED STATES.

       (a) In General.--Section 2241 of title 28, United States 
     Code, is amended by striking subsection (e).
       (b) Title 10.--Section 950j of title 10, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Limited Review of Military Commission Procedures and 
     Actions.--Except as otherwise provided in this chapter or in 
     section 2241 of title 28 or any other habeas corpus 
     provision, and notwithstanding any other provision of law, no 
     court, justice, or judge shall have jurisdiction to hear or 
     consider any claim or cause of action whatsoever, including 
     any action pending on or filed after the date of the 
     enactment of the Military Commissions Act of 2006, relating 
     to the prosecution, trial, or judgment of a military 
     commission under this chapter, including challenges to the 
     lawfulness of procedures of military commissions under this 
     chapter.''.
       (c) Effective Date and Applicability.--The amendments made 
     by this section shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to any case that is pending on or after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 5576. Mr. LAUTENBERG (for himself, Mr. Inouye, Mr. Stevens, Mr. 
Smith, Ms. Snowe, Mr. Graham, Mr. Grassley, Mr. Nelson of Florida, and 
Mr. Biden) 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, adn 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:

        DIVISION     --SUBMERSIBLE AND SEMI-SUBMERSIBLE VESSELS

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Maritime Drug Law 
     Enforcement Act of 2008''.

     SEC. 2. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL 
                   WITHOUT NATIONALITY.

       (a) Finding and declaration.--Section 70501 of title 46, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``that''; and
       (2) by striking ``States.'' and inserting ``States and (2) 
     operating or embarking in a submersible or semi-submersible 
     vessel without nationality and on an international voyage is 
     a serious international problem, facilitates transnational 
     crime, including drug trafficking, and terrorism, and 
     presents a specific threat to the safety of maritime 
     navigation and the security of the United States.''.
       (b) Submersible or Semi-submersible Vessel Defined.--
     Section 70502 of title 46, United States Code. is amended by 
     adding at the end thereof the following:
       ``(f) Semi-submersible Vessel; Submersible Vessel.--
       ``(1) Semi-submersible vessel.--The term `semi-submersible 
     vessel' means any watercraft constructed or adapted to be 
     capable of operating with most of its hull and bulk under the 
     surface of the water, including both manned and unmanned 
     watercraft.
       ``(2) Submersible vessel.--The term `submersible vessel' 
     means a vessel that is capable of operating completely below 
     the surface of the water, including both manned and unmanned 
     watercraft.''.
       (c) Operation Prohibited.--
       (1) In general.--Section 70503(a) of title 46, United 
     States Code, is amended to read as follows:
       ``(a) In General.--An individual may not knowingly or 
     intentionally--
       ``(1) manufacture or distribute, or possess with intent to 
     manufacture or distribute, a controlled substance on board--
       ``(A) a vessel of the United States or a vessel subject to 
     the jurisdiction of the United States; or
       ``(B) any vessel if the individual is a citizen of the 
     United States or a resident alien of the United States; or
       ``(2) operate by any means or embark in any submersible or 
     semi-submersible vessel that is without nationality and that 
     is navigating or has navigated into, through, or from waters 
     beyond the outer limit of the territorial sea of a single 
     country or a lateral limit of that country's territorial sea 
     with an adjacent country, with the intent to evade 
     detection.''.
       (2) Conforming amendment.--Section 70503(c) is amended by 
     striking ``subsection (a)'' and inserting ``subsection 
     (a)(1)''.
       (3) Prima facie evidence of submersibles violation.--
     Section 70503 of title 46, United States Code, is amended by 
     adding at the end the following:
       ``(e) Evidence of Intent to Evade Detection.--In any 
     enforcement proceeding for a violation of subsection (a)(2), 
     the presence of any of the indicia described in paragraphs 
     (1) (other than subparagraphs (B), (C), and (D)), (4), (5), 
     or (6) of section 70507(b) may be considered, in the totality 
     of the circumstances, to be prima facie evidence of intent to 
     evade detection.''.
       (4) Clerical Amendments.--
       (A) The heading for section 70503 of title 46, United 
     States Code, is amended to read as follows:

     ``  70503. Offenses ''.
       (B) The chapter analysis for chapter 705 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 70503 and inserting the following:

``70503. Offenses''.
       (d) Affirmative Defenses.--
       (1) In general.--Section 70505 of title 46, United States 
     Code, is amended to read as follows:

     ``  70505. Defenses

       ``(a) Failure To Comply with International Law as a 
     Defense.--A person charged with violating section 70503 of 
     this title does not have standing to raise a claim of failure 
     to comply with international law as a basis for a defense. A 
     claim of failure to comply with international law in the 
     enforcement of this chapter may be made only by a foreign 
     nation. A failure to comply with international law does not 
     divest a court of jurisdiction and is not a defense to a 
     proceeding under this chapter.
       ``(b) Affirmative Defenses.--
       ``(1) In general.--It is an affirmative defense to a 
     prosecution for a violation of section 70503(a)(2), which the 
     defendant shall prove by a preponderance of the evidence, 
     that any submersible or semi-submersible vessel that the 
     defendant operated by any means or embarked in, at the time 
     of the offense--
       ``(A) was a vessel of the United States or lawfully 
     registered in a foreign nation as claimed by the master or 
     individual in charge of the vessel when requested to make a 
     claim by an officer of the United States authorized to 
     enforce applicable provisions of United States law;
       ``(B) was classed by and designed in accordance with the 
     rules of a classification society;
       ``(C) was lawfully operated in a in government-regulated or 
     licensed activity, including commerce, research, or 
     exploration; or
       ``(D) was equipped with and using an operable automatic 
     identification system vessel monitoring system or a long 
     range identification and tracking system.
       ``(2) Production of documents.--The affirmative defenses 
     provided by this subsection are proved conclusively by the 
     production of--
       ``(A) government documents evidencing the vessel's 
     nationality at the time of the offense, as provided in 
     article 5 of the 1958 Convention on the High Seas;
       ``(B) a certificate of classification issued by the 
     vessel's classification society upon completion of relevant 
     classification surveys and valid at the time of the offense; 
     or
       ``(C) government documents evidencing licensure, 
     regulation, or registration for research or exploration.''.
       (2) Clerical amendment.--The chapter analysis for chapter 
     705 of title 46, United States Code, is amended by striking 
     the item relating to section 70505 and inserting the 
     following:

``70505. Defenses''.
       (e) Penalty.--Section 70506 of title 46, United States 
     Code, is amended--
       (1) by striking ``70503'' and inserting ``70503(a)(1)''; 
     and
       (2) by adding at the end thereof ``A person violating 
     section 70503(a)(2) shall be fined under title 18 and 
     imprisoned for not more than 15 years, or both.''.

     SEC. 3. SENTENCING GUIDELINES.

       (a) In General.--Pursuant it its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall promulgate sentencing guidelines 
     (including policy statements) or amend existing sentencing 
     guidelines (including policy statements) to provide adequate 
     penalties for persons convicted of knowingly or intentionally 
     violating section 70503(a)(2) of title 46, United States 
     Code.
       (b) Requirements.--In carrying out this section, the 
     Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the serious nature of the offense and the 
     need for deterrence to prevent such offenses;
       (2) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (A) the use of a submersible or semi-submersible vessel (as 
     defined in section 70502(f) of title 46, United States Code) 
     to facilitate other felonies;
       (B) the repeated use of such a vessel to facilitate other 
     felonies, including whether such use is part of an ongoing 
     commercial organization or enterprise;
       (C) whether the use of such a vessel involves a pattern of 
     continued and flagrant violation of section 70503(a)(2) of 
     title 46, United States Code;
       (D) whether the persons operating or embarking in such a 
     vessel willfully caused, attempted to cause, or permitted the 
     destruction or injury of the vessel, or failed to heave to 
     when directed by law enforcement officers; and
       (E) circumstances for which the sentencing guidelines (and 
     policy statements) provide sentencing enhancements;
       (3) ensure reasonable consistency with other relevant 
     directives, other sentencing

[[Page S8788]]

     guidelines and policy statements, and statutory provisions;
       (4) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (5) ensure that the sentencing guidelines and policy 
     statements adequately meet the purposes of sentencing set 
     forth in section 3553(a)(2) of title 18, United States Code.
                                 ______
                                 
  SA 5577. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1222. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF 
                   SANCTIONS BY FOREIGN ENTITIES.

       (a) In General.--In any case in which an entity engages in 
     an act outside the United States that, if committed in the 
     United States or by a United States person, would violate the 
     provisions of Executive Order 12959 (50 U.S.C. 1701 note) or 
     Executive Order 13059 (50 U.S.C. 1701 note), or any other 
     prohibition on transactions with respect to Iran imposed 
     under the authority of the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), the parent company of 
     the entity shall be subject to the penalties for the act to 
     the same extent as if the parent company had engaged in the 
     act.
       (b) Applicability.--Subsection (a) shall not apply to a 
     parent company of an entity on which the President imposed a 
     penalty for a violation described in subsection (a) that was 
     in effect on the date of the enactment of this Act if the 
     parent company divests or terminates its business with such 
     entity not later than 90 days after such date of enactment.
       (c) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Parent company.--The term ``parent company'' means an 
     entity that is a United States person and--
       (A) the entity owns, directly or indirectly, more than 50 
     percent of the equity interest by vote or value in another 
     entity;
       (B) board members or employees of the entity hold a 
     majority of board seats of another entity; or
       (C) the entity otherwise controls or is able to control the 
     actions, policies, or personnel decisions of another entity.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own, directly or indirectly, more than 50 
     percent of the outstanding capital stock or other beneficial 
     interest in such entity.
                                 ______
                                 
  SA 5578. Mr. LAUTENBERG (for himself, Mr. Hagel, 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:

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

     SEC. 702. ONE-YEAR EXTENSION OF TEMPORARY PROHIBITIONS ON 
                   ADJUSTMENTS TO CERTAIN BENEFICIARY FEES FOR 
                   MILITARY HEALTH CARE.

       (a) Findings.--Congress makes the following findings:
       (1) Career members of the uniformed services and their 
     families endure unique and extraordinary demands, and make 
     extraordinary sacrifices, over the course of 20-year to 30-
     year careers in protecting freedom for all Americans.
       (2) The nature and extent of these demands and sacrifices 
     are never so evident as in wartime, not only during the 
     current Global War on Terrorism, but also during the wars of 
     the last 60 years when current retired members of the Armed 
     Forces were on continuous call to go in harm's way when and 
     as needed.
       (3) The demands and sacrifices are such that few Americans 
     are willing to bear or accept them for a multi-decade career.
       (4) A primary benefit of enduring the extraordinary 
     sacrifices inherent in a military career is a range of 
     extraordinary retirement benefits that a grateful Nation 
     provides for those who choose to subordinate much of their 
     personal life to the national interest for so many years.
       (5) Many private sector firms are curtailing health 
     benefits and shifting significantly higher costs to their 
     employees, and one effect of such curtailment is that retired 
     members of the uniformed services are turning for health care 
     services to the Department of Defense, and its TRICARE 
     program, for the health care benefits in retirement that they 
     earned by their service in uniform.
       (6) While the Department of Defense has made some efforts 
     to contain increases in the cost of the TRICARE program, a 
     large part of those efforts has been devoted to shifting a 
     larger share of the costs of benefits under that program to 
     retired members of the uniformed services.
       (7) The cumulative increase in enrollment fees, 
     deductibles, and copayments being proposed by the Department 
     of Defense for health care benefits under the TRICARE program 
     far exceeds the percentage increase in military retired pay 
     since such fees, deductibles, and copayments were first 
     required on the part of retired members of the uniformed 
     services.
       (8) Proposals of the Department of Defense for increases in 
     the enrollment fees, deductibles, and copayments of retired 
     members of the uniformed services who are participants in the 
     TRICARE program fail to recognize adequately that such 
     members paid the equivalent of enormous in-kind premiums for 
     health care in retirement through their extended sacrifices 
     by service in uniform.
       (9) Some of the Nation's health care providers refuse to 
     accept participants in the TRICARE program as patients 
     because that program pays them significantly less than 
     commercial insurance programs, and imposes unique 
     administrative requirements, for health care services.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of Defense and the Nation have a 
     committed obligation to provide health care benefits to 
     retired members of the uniformed services that exceeds the 
     obligation of corporate employers to provide health care 
     benefits to their employees; and
       (2) the Department of Defense has many additional options 
     to constrain the growth of health care spending in ways that 
     do not disadvantage retired members of the uniformed services 
     who participate or seek to participate in the TRICARE 
     program, and should pursue any and all such options rather 
     than seeking large increases for enrollment fees, 
     deductibles, and copayments for such retirees, and their 
     families or survivors, who do participate in that program.
       (c) One-Year Extension of Limitations on Certain Increases 
     in Health Care Costs.--
       (1) Pharmacy benefits program.--Section 702 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 188) is amended by striking ``September 
     30, 2008'' and inserting ``September 30, 2009''.
       (2) Premiums for tricare standard for reserve component 
     members who commit to service in the selected reserve.--
     Section 1076d(d)(3) of title 10, United States Code, is 
     amended by striking ``September 30, 2008'' and inserting 
     ``September 30, 2009''.
       (3) Copayments under champus.--Paragraph (3) of section 
     1086(b) of such title is amended in the first sentence by 
     striking ``September 30, 2008'' and inserting ``September 30, 
     2009''.
       (4) Prohibition on enrollment fees for certain persons 
     under champus.--Section 1086(b) of such title is further 
     amended by adding at the end the following new paragraph:
       ``(5) A person covered by subsection (c) may not be charged 
     an enrollment fee for coverage under this section.''.
       (5) Premiums and other charges under tricare.--Section 
     1097(e) of such title is amended by striking ``September 30, 
     2008'' and inserting ``September 30, 2009''.
                                 ______
                                 
  SA 5579. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

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

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

       ``(a) Special Pay.--A member of the uniformed services 
     entitled to basic pay whose enlistment or period of obligated 
     service is extended, or whose eligibility for retirement is 
     suspended, pursuant to the exercise of an authority referred 
     to in subsection (b) is entitled while on active duty during 
     the period of such extension or suspension to special pay in 
     the monthly amount determined appropriate by the Secretary 
     concerned.
       ``(b) Authorities.--An authority referred to in this 
     section is an authority for the extension of an enlistment or 
     period of obligated service, or for suspension of eligibility

[[Page S8789]]

     for retirement, of a member of the uniformed services under a 
     provision of law as follows:
       ``(1) Section 123 of title 10.
       ``(2) Section 12305 of title 10.
       ``(3) Any other provision of law (commonly referred to as a 
     `stop-loss authority') authorizing the President to extend an 
     enlistment or period of obligated service, or suspend an 
     eligibility for retirement, of a member of the uniformed 
     services in time of war or of national emergency declared by 
     Congress or the President.
       ``(c) Construction With Other Pays.--Special pay payable 
     under this section is in addition to any other pay payable to 
     members of the uniformed services by law.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 330 the following new 
     item:

``330a. Special pay: members of the uniformed services whose service on 
              active duty is extended by a stop-loss order or similar 
              mechanism.''.
                                 ______
                                 
  SA 5580. Mr. LIEBERMAN (for himself, Mr. Graham, and Mr. Lugar) 
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:

     SEC. 1233. REPORT ON THE SECURITY SITUATION IN THE CAUCASUS.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the chairs and ranking minority members of the 
     Committee on Foreign Relations and the Committee on Armed 
     Services of the Senate and the Committee on Foreign Affairs 
     and the Committee on Armed Services of the House of 
     Representatives a report in classified and unclassified form 
     on the defense requirements of the Republic of Georgia.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) a description of the security situation in the Caucasus 
     following the recent conflict between the Russian Federation 
     and the Republic of Georgia, including a description of any 
     Russian forces that continue to occupy internationally 
     recognized Georgian territory;
       (2) an assessment of--
       (A) the damage sustained by the armed forces of Georgia in 
     the recent conflict with the Russian Federation; and
       (B) the state of civilian-military relations in the 
     Republic of Georgia;
       (3) an analysis of the defense requirements of the Republic 
     of Georgia following the conflict with the Russian 
     Federation, with a particular focus on the needs of the 
     republic of Georgia for enhanced air defenses and anti-armor 
     capabilities; and
       (4) detailed recommendations on how the Republic of 
     Georgia, with United States assistance, may improve its 
     capability for self-defense and more effectively control its 
     territorial waters and air space.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) Congress--
       (A) reaffirms its previous expressions of support for 
     continued enlargement of the North Atlantic Treaty 
     Organization (NATO) to include qualified candidates; and
       (B) supports the commitment to further enlargement of NATO 
     to include democratic governments that are able and willing 
     to meet the responsibilities of membership;
       (2) the expansion of NATO contributes to the continued 
     effectiveness and relevance of the organization;
       (3) Georgia and Ukraine have made important progress in the 
     areas of defense and democratic and human rights reform;
       (4) a stronger, deeper relationship among the Government of 
     Georgia, the Government of Ukraine, and NATO will be mutually 
     beneficial to those countries and to NATO member states;
       (5) the United States should take the lead and encourage 
     other member states of NATO to support the awarding of a 
     Membership Action Plan to Georgia and Ukraine as soon as 
     possible;
       (6) the United States Government should provide assistance 
     to help rebuild infrastructure in Georgia and continue to 
     develop its security partnership with the Government of the 
     Republic of Georgia by providing security assistance to the 
     armed forces of Georgia, as appropriate;
       (7) the United States should work with fellow NATO member 
     states to develop contingency plans and infrastructure to 
     address the security concerns of newly joined members;
       (8) the United States should expand efforts to promote the 
     development of democratic institutions, the rule of law, and 
     political parties in the independent states of the former 
     Soviet Union; and
       (9) the United States should work with its allies to ensure 
     secure, reliable energy transit routes in Central Asia, the 
     Caucasus, and Eastern Europe.
                                 ______
                                 
  SA 5581. Mr. DODD (for himself and Mr. Lugar, Mr. Durbin, and Mr. 
Baucus) submitted an amendment intended to be proposed by him to the 
bill S. 3001, to authorize appropriations for fiscal year 2009 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

        Subtitle E--Facilitation of Humanitarian Relief to Cuba

     SEC. 1241. SHORT TITLE; FINDINGS.

       (a) Short Title.--This subtitle may be cited as the 
     ``Humanitarian Relief to Cuba Act''.
       (b) Findings.--Congress makes the following findings:
       (1) Hurricane Gustav, which struck Cuba on August 30, 2008, 
     was the worst hurricane to hit the island of Cuba in over 50 
     years. The Category Four storm displaced over 400,000 Cubans 
     and damaged or destroyed 130,000 homes and caused severe 
     damage to infrastructure.
       (2) Hurricane Ike, which made landfall on Cuba on September 
     7, 2008, forced the evacuation of over 2,500,000 Cubans, 
     damaged an additional 100,000 structures, and damaged local 
     infrastructure.
       (3) The number of Cubans left homeless is expected to reach 
     100,000, and the total economic losses of Hurricanes Gustav 
     and Ike are expected to reach upwards of $10,000,000,000, 
     with serious damage done to the island's agricultural 
     industry.
       (4) In the wake of past natural disasters, the United 
     States eased restrictions to mobilize the generous spirit of 
     many thousands of Americans by allowing humanitarian aid 
     originating from the United States to be transported directly 
     to Cuba to the benefit of the Cuban people.
       (5) Allowing the people of the United States to assist the 
     Cuban people in reclaiming their lives and livelihoods 
     following a major natural disaster just 90 miles from the 
     United States is an important aspect of United States 
     national security and defense policy.

            PART I--TRAVEL, REMITTANCES, AND RELIEF PACKAGES

     SEC. 1251. EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A 
                   PERIOD OF 180 DAYS.

       (a) In General.--
       (1) Freedom of travel for united states citizens and 
     certain other persons to visit family members in cuba.--For 
     the 180-day period beginning on the date of the enactment of 
     this Act, the President may not prohibit or regulate, 
     directly or indirectly--
       (A) travel to or from Cuba by United States citizens or any 
     person subject to the jurisdiction of the United States with 
     family currently residing in Cuba; or
       (B) any of the transactions incident to such travel that 
     are described in paragraph (2).
       (2) Transactions incident to travel.--The transactions 
     referred to in paragraph (1) are--
       (A) any transaction ordinarily incidental to travel to or 
     from Cuba, including the importation into Cuba or the United 
     States of accompanied baggage for personal or family use 
     only;
       (B) any transaction ordinarily incident to travel to or 
     maintenance within Cuba, including the payment of living 
     expenses and the acquisition of goods or services for 
     personal and family use only; and
       (C) any transaction ordinarily incident to the arrangement, 
     promotion, or facilitation of scheduled and nonscheduled 
     travel to, from, or within Cuba, including lodging and meals 
     in an amount not to exceed the per diem amount authorized 
     under chapter 57 of title 5, United States Code.
       (b) Supersedes Other Provisions.--This section supersedes 
     any other provision of law, including section 102(h) of the 
     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
     1996 (22 U.S.C. 6032(h)).
       (c) Effective Date.--This section applies to actions taken 
     by the President before the date of the enactment of this Act 
     that are in effect on such date and to actions taken on or 
     after such date during the 180-day period beginning on such 
     date of enactment .

     SEC. 1252. EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 
                   180 DAYS.

       (a) In General.--Except as provided in subsection (b), for 
     the 180-day period beginning on the date of the enactment of 
     this Act, the Secretary of the Treasury may not limit the 
     amount of remittances to Cuba that may be made by any person 
     who is subject to the jurisdiction of the United States, and 
     the Secretary shall rescind, for such 180-day period, all 
     regulations in effect on the date of enactment of this Act 
     that so limit the amount of those remittances.
       (b) Statutory Construction.--Nothing in subsection (a) may 
     be construed to prohibit the prosecution or conviction of any 
     person committing an offense described in section 1956 of 
     title 18, United States Code (relating to the laundering of 
     monetary instruments) or section 1957 of such title (relating 
     to engaging in monetary transactions in property derived from 
     specific unlawful activity).

[[Page S8790]]

     SEC. 1253. EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 
                   180 DAYS.

       (a) In General.--Except as provided in subsection (d), for 
     the 180-day period beginning on the date of the enactment of 
     this Act, the President may not limit the size, quantity or 
     frequency, or the carrying, transporting or shipping of 
     personal gift items and relief supplies (not for sale or 
     resale) that are eligible to be shipped through existing or 
     new mechanisms established expressly for the delivery of such 
     packages. Such items and supplies may be sent to Cuba by any 
     person who is subject to the jurisdiction of the United 
     States and the President shall rescind, for such 180-day 
     period, all regulations in effect on the date of the 
     enactment of this Act that so limit such items.
       (b) Personal Gift Items.--For purposes of this section, the 
     term ``personal gift items'' includes goods intended to 
     improve the daily life of the Cuban people, including 
     clothing, medication, foodstuffs, personal hygiene items, and 
     other daily necessities.
       (c) Relief Supplies.--For the purposes of this section, the 
     term ``relief supplies'' means any item intended to provide 
     temporary or permanent shelter to hurricane victims in Cuba, 
     or intended to facilitate repairs to personal dwellings in 
     Cuba damaged during the 2008 hurricane season.
       (d) Statutory Construction.--Nothing in subsection (a) may 
     be construed to prohibit the prosecution or conviction of any 
     person committing an offense described in section 1956 of 
     title 18, United States Code (relating to the laundering of 
     monetary instruments) or section 1957 of such title (relating 
     to engaging in monetary transactions in property derived from 
     specific unlawful activity).

PART II--ALLOWANCE OF CASH SALE OF RELIEF SUPPLIES, FOOD, AND MEDICINES

     SEC. 1261. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON 
                   CASH SALES AND EXPORT OF FOOD, MEDICINES, AND 
                   RELIEF SUPPLIES TO CUBA FOR A PERIOD OF 180 
                   DAYS.

       (a) In General.--Except as provided in subsection (b), for 
     the 180-day period beginning on the date of the enactment of 
     this Act, any prohibition or restriction in law or regulation 
     on trade or financial transactions with Cuba shall not apply 
     with respect to the cash sale and export of any agricultural 
     commodity, farm machinery or equipment, medicine, medical 
     device, or relief supplies, or with respect to travel 
     incident to the sale or delivery of any agricultural 
     commodity, farm machinery or equipment, medicine, or medical 
     device, or relief supplies to Cuba.
       (b) Exceptions.--Subsection (a) does not apply to--
       (1) any prohibition or restriction imposed under the Export 
     Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or 
     successor statute for goods containing parts or components on 
     which export controls are in effect under that section; or
       (2) any prohibition or restriction imposed under section 
     203 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702) insofar as the prohibition or restriction is 
     exercised to deal with a threat to the national security of 
     the United States by virtue of the technology incorporated in 
     such machinery or equipment, or supplies.
       (c) Supersedes Existing Law.--Subsection (a) supersedes the 
     Trade Sanctions Reform and Export Enhancement Act of 2000 
     (title IX of H.R. 5426 of the 106th Congress, as enacted into 
     law by section 1(a) of Public Law 106-387, and as contained 
     in the appendix of that Act) or any other provision of law.

     SEC. 1262. DEFINITIONS.

       In this part:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity''--
       (A) has the meaning given the term in section 102 of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5602); and
       (B) includes fertilizer.
       (2) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (3) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 7321).
       (4) Relief supplies.--The term ``relief supplies'' means 
     any item intended to provide temporary or permanent shelter 
     to hurricane victims in Cuba, or intended to facilitate 
     repairs to personal dwellings in Cuba damaged during the 2008 
     hurricane season.
                                 ______
                                 
  SA 5582. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1013. PRESERVATION OF DEEP SUBMERGENCE VESSEL NR-1 FOR 
                   TRANSFER TO THE SUBMARINE FORCE MUSEUM AND 
                   LIBRARY IN GROTON, CONNECTICUT..

       (a) Findings.--Congress makes the following findings:
       (1) The Deep Submergence Vessel NR-1 was built by Electric 
     Boat in Groton, Connecticut, entered service in 1969, and is 
     the only nuclear-powered research submersible in the United 
     States Navy.
       (2) The Deep Submergence Vessel NR-1 was homeported at 
     Naval Submarine Base New London in Groton, Connecticut, for 
     her entire service life.
       (3) The Navy will begin the process of inactivating the 
     Deep Submergence Vessel NR-1 in December 2008 with eventual 
     plans to recycle her hull in 2015.
       (4) The Deep Submergence Vessel NR-1 is a unique and 
     valuable national asset that has played an important role in 
     search, object recovery, geological survey, oceanographic 
     research, and installation and maintenance missions, 
     including participation in the recovery of the Space Shuttle 
     Challenger in 1986 and a myriad of other missions, both 
     classified and public, of military and scientific value.
       (5) The mission of the Submarine Force Library and Museum 
     in Groton, Connecticut is to collect, preserve, and interpret 
     the history of the United States Naval Submarine Force in 
     order to honor veterans and to educate naval personnel and 
     the public in the heritage and traditions of the Submarine 
     Force.
       (6) The Deep Submergence Vessel NR-1 is a unique and 
     irreplaceable part of the history of the Navy and the 
     Submarine Force, and an educational and historical asset that 
     should be should be shared with the nation and the world.
       (b) Preservation of Vessel for Transfer.--After 
     inactivation of the Deep Submergence Vessel NR-1 and before 
     disposal of that vessel, the Secretary of the Navy shall 
     ensure that as much of the vessel as practicable is made 
     available for transfer to the Submarine Force Museum and 
     Library in Groton, Connecticut.
                                 ______
                                 
  SA 5583. Mr. TESTER (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 237. NET-CENTRIC AIRBORNE DEFENSE ELEMENT.

       Of the amount authorized to be appropriated by section 
     210(4) for Research, Development, Test, and Evaluation, 
     Defense-wide activities and available for Ballistic Missile 
     Defense (PE 0603175C), $15,000,000 may be available for the 
     Net-Centric Airborne Defense Element (NCADE) for purposes as 
     follows:
       (1) To complete a risk reduction program for the Net-
     Centric Airborne Defense Element.
       (2) To enable the cost-effective transformation of the 
     program for the Net-Centric Airborne Defense Element to a 
     design and development program.
                                 ______
                                 
  SA 5584. Mr. REID (for Mr. Kennedy (for himself, Mr. Biden, Mr. Bayh, 
and Mrs. McCaskill)) submitted an amendment intended to be proposed by 
Mr. Reid to the bill S. 3001, to authorize appropriations for fiscal 
year 2009 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 344. REPORT ON RAPID FIELDING CAPABILITIES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the congressional defense 
     committees a report on each military service's program and 
     any joint programs for rapidly equipping or meeting the needs 
     of forces engaged in ongoing combat operations.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A description of the process used by each service 
     individually or through a joint program.
       (2) An assessment of the ease with which those in combat 
     operations are able to request needed equipment.
       (3) An assessment of how quickly each service is able to 
     evaluate requests originated by those in combat operations.
       (4) An explanation of any institutional or budgetary 
     pressures that slow down each service's ability to provide 
     the requests that come from those in combat operations.
       (5) A cost benefit analysis of unifying the rapid fielding 
     of equipment as a joint program office.
       (6) An assessment of the methods used by each military 
     service to evaluate the effectiveness of the service's rapid 
     fielding program.
       (7) An assessment of the nature and extent of senior leader 
     visibility and participation in resolving urgent needs 
     requests.
       (8) An assessment of the impacts urgent needs acquisitions 
     have on the broader acquisition programs of a service.

[[Page S8791]]

       (9) An assessment of the speed with which urgent needs 
     requests are evaluated and resolved and the sufficiency of 
     the resolutions.
       (10) A review to identify lessons learned from recent rapid 
     acquisition cases, such as the Mine Resistant Ambush 
     Protected Vehicle, Joint Network Node system, and Unmanned 
     Aerial Vehicles, and how these lessons could be applied to 
     the key decision-support framework of the Department for 
     acquiring weapon systems, namely the Joint Capabilities 
     Integration and Development System (JCIDS), Planning, 
     Programming, Budgeting, and Execution System (PPBES), and 
     Defense Acquisition System (DAS), to more effectively address 
     the near-term needs of the warfighter.
       (11) Recommendations for making improvements and mitigating 
     and resolving issues associated with the matters discussed in 
     paragraphs (1) through (10).
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form to the maximum extent 
     practicable, but may contain a classified annex, if 
     necessary.
                                 ______
                                 
  SA 5585. Mr. DeMint submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following: ``Section 
     1002 shall have no effect.''.

                                 ______
                                 
  SA 5586. 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 end of title XII, add the following:

    Subtitle E--Reconstruction and Stabilization Civilian Management

     SEC. 1241. SHORT TITLE.

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

     SEC. 1242. FINDINGS.

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

     SEC. 1243. DEFINITIONS.

       In this subtitle:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Agency for International 
     Development.
       (2) Agency.--The term ``agency'' means any entity included 
     in chapter 1 of title 5, United States Code.
       (3) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Affairs of the House of Representatives and the 
     Committee on Foreign Relations of the Senate.
       (4) Department.--Except as otherwise provided in this 
     subtitle, the term ``Department'' means the Department of 
     State.
       (5) Personnel.--The term ``personnel'' means individuals 
     serving in any service described in section 2101 of title 5, 
     United States Code, other than in the legislative or judicial 
     branch.
       (6) Response to a stabilization and reconstruction 
     crisis.--The term ``response to a stabilization and 
     reconstruction crisis'' refers to activities implemented by 
     the Response Readiness Corp relating to internal security, 
     rule of law and political participation, and economic 
     stability.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (8) Stabilization and reconstruction crisis.--The term 
     ``stabilization and reconstruction crisis'' refers to complex 
     emergencies and transitions of failing states, failed states, 
     or regions across the spectrum of conflict, particularly 
     those involving transitions from peacekeeping and other 
     military interventions.

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

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

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

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

     SEC. 1245. RECONSTRUCTION AND STABILIZATION.

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

     ``SEC. 62. RECONSTRUCTION AND STABILIZATION.

       ``(a) Office of the Coordinator for Reconstruction and 
     Stabilization.--
       ``(1) Establishment.--There is established within the 
     Department of State the Office of the Coordinator for 
     Reconstruction and Stabilization.
       ``(2) Coordinator for reconstruction and stabilization.--
     The head of the Office shall be the Coordinator for 
     Reconstruction and Stabilization, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate. The Coordinator shall report directly to the 
     Secretary.
       ``(3) Functions.--The functions of the Office of the 
     Coordinator for Reconstruction and Stabilization shall 
     include the following:
       ``(A) Monitoring, in coordination with relevant bureaus and 
     offices of the Department of State and the United States 
     Agency for International Development (USAID), political and 
     economic instability worldwide to anticipate the need for 
     mobilizing United States and international assistance for the 
     reconstruction and stabilization of a country or region that 
     is at risk of, in, or is in transition from, conflict or 
     civil strife.
       ``(B) Assessing the various types of reconstruction and 
     stabilization crises that could occur and cataloging and 
     monitoring the non-military resources and capabilities of 
     agencies (as such term is defined in section 1243 of the 
     Reconstruction and Stabilization Civilian Management Act of 
     2008) that are available to address such crises.
       ``(C) Planning, in conjunction with USAID, to address 
     requirements, such as demobilization, disarmament, rebuilding 
     of civil society, policing, human rights monitoring, and 
     public information, that commonly arise in reconstruction and 
     stabilization crises.
       ``(D) Coordinating with relevant agencies to develop 
     interagency contingency plans and procedures to mobilize and 
     deploy civilian personnel and conduct reconstruction and 
     stabilization operations to address the various types of such 
     crises.
       ``(E) Entering into appropriate arrangements with agencies 
     to carry out activities under this section and the 
     Reconstruction

[[Page S8792]]

     and Stabilization Civilian Management Act of 2008.
       ``(F) Identifying personnel in State and local governments 
     and in the private sector who are available to participate in 
     the Civilian Reserve Corps established under subsection (b) 
     or to otherwise participate in or contribute to 
     reconstruction and stabilization activities.
       ``(G) Taking steps to ensure that training and education of 
     civilian personnel to perform such reconstruction and 
     stabilization activities is adequate and is carried out, as 
     appropriate, with other agencies involved with stabilization 
     operations.
       ``(H) Taking steps to ensure that plans for United States 
     reconstruction and stabilization operations are coordinated 
     with and complementary to reconstruction and stabilization 
     activities of other governments and international and 
     nongovernmental organizations, to improve effectiveness and 
     avoid duplication.
       ``(I) Maintaining the capacity to field on short notice an 
     evaluation team consisting of personnel from all relevant 
     agencies to undertake on-site needs assessment.
       ``(J) Planning and managing, in coordination with the 
     Secretary of Defense, deployments supported by the Department 
     of Defense for stabilization and reconstruction crises.
       ``(K) Monitoring grantee, subgrantee, contractor, and 
     subcontractor performance and guarding against corruption, 
     mismanagement, and ineffective use of Federal funds and 
     resources.
       ``(L) Reporting to Congress and the public on 
     reconstruction and stabilization projects and the outcomes of 
     such projects.
       ``(b) Response Readiness Corps.--
       ``(1) Response readiness corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development and the heads of other 
     appropriate agencies of the United States Government, may 
     establish and maintain a Response Readiness Corps (referred 
     to in this section as the `Corps') to respond to a 
     stabilization and reconstruction crisis, as that term is 
     defined in section 618 of the Foreign Assistance Act of 1961. 
     The Corps shall be composed of active and standby components 
     consisting of United States Government personnel, including 
     employees of the Department of State, the United States 
     Agency for International Development, and other agencies who 
     are recruited and trained (and employed in the case of the 
     active component) to provide such assistance when deployed to 
     do so by the Secretary to support the purposes of this Act.
       ``(2) Civilian reserve corps.--The Secretary, in 
     consultation with the Administrator of the United States 
     Agency for International Development, may establish a 
     Civilian Reserve Corps for which purpose the Secretary is 
     authorized to employ and train individuals who have the 
     skills necessary for carrying out reconstruction and 
     stabilization activities, and who have volunteered for that 
     purpose. The Secretary may deploy members of the Civilian 
     Reserve Corps in support of a response to a stabilization and 
     reconstruction crisis, as that term is defined in section 618 
     of the Foreign Assistance Act of 1961, pursuant to a 
     determination by the President under such section.
       ``(3) Mitigation of domestic impact.--The establishment and 
     deployment of any Civilian Reserve Corps shall be undertaken 
     in a manner that will avoid substantively impairing the 
     capacity and readiness of any State and local governments 
     from which Civilian Reserve Corps personnel may be drawn.
       ``(c) Existing Training and Education Programs.--The 
     Secretary shall ensure that personnel of the Department, and, 
     in coordination with the Administrator of USAID, that 
     personnel of USAID, make use of the relevant existing 
     training and education programs offered within the 
     Government, such as those at the Center for Stabilization and 
     Reconstruction Studies at the Naval Postgraduate School and 
     the Interagency Training, Education, and After Action Review 
     Program at the National Defense University.''.

     SEC. 1246. INTERAGENCY PARTNERSHIP; RULE OF CONSTRUCTION.

       (a) Interagency Partnership.--No funds may be expended for 
     a deployment of the Response Readiness Corps established 
     under section 62 of the State Department Basic Authorities 
     Act of 1956, as added by section 1245, to a location outside 
     the United States until the Secretary of Defense certifies in 
     writing to the appropriate congressional committees that the 
     deployment is an indispensable element of a response to a 
     stabilization and reconstruction crisis, as that term is 
     defined in section 618 of the Foreign Assistance Act of 1961, 
     as added by section 1244 of this Act.
       (b) Rule of Construction.--Nothing in this subtitle, or the 
     amendments made by this subtitle, shall be construed to 
     authorize a civilian department or agency of the Federal 
     Government to augment its funding authorities to conduct 
     activities that are not a response to a stabilization and 
     reconstruction crisis.

     SEC. 1247. AUTHORITIES RELATED TO PERSONNEL.

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

     SEC. 1248. RECONSTRUCTION AND STABILIZATION STRATEGY.

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

     SEC. 1249. ANNUAL REPORTS TO CONGRESS.

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

     SEC. 1250. QUARTERLY REPORTING AND TRANSPARENCY TO CONGRESS.

       (a) Quarterly Reporting Requirement.--Not later than 90 
     days after the date of the enactment of this Act, and every 
     90 days thereafter, the Coordinator for Reconstruction and 
     Stabilization shall submit to Congress a report on 
     reconstruction and stabilization efforts.
       (b) Content.--Each report submitted under subsection (a) 
     shall include the following information:
       (1) The number of reconstruction or stabilization projects 
     initiated or ongoing during the reporting period.
       (2) For each deployment initiated or ongoing during the 
     reporting period--
       (A) a description of the purpose of the deployment and its 
     projected activities, including the measurable objectives or 
     objective;
       (B) a status report, in quantifiable terms, on the progress 
     toward the achievement of the objectives outlined under 
     subparagraph (A) during the reporting period and to date;
       (C) the amount of funds that were transferred under section 
     1207, and the amount of such funds that were obligated or 
     expended during the reporting period and to date;
       (D) copies of every contract, memorandum of agreement, 
     grant, or cooperative agreement entered into for the purpose 
     of carrying out the deployment and the project being carried 
     out by deployed personnel as authorized under section 618 of 
     the Foreign Assistance Act of 1961, as added by section 1244; 
     and
       (E) the number of persons deployed from the Response 
     Readiness Corps, including number of persons from the Federal 
     active and standby components and the Civilian Reserve Corps.

[[Page S8793]]

       (3) The total number of persons in the Response Readiness 
     Corps, including the number of person from the Federal active 
     and standby components and the Civilian Reserve Corps, as 
     well as the number of persons trained.
       (4) Copies of all contracts, grants, cooperative 
     agreements, and memoranda of agreement entered into for the 
     purpose of carrying out this subtitle and the amendments made 
     by this subtitle.
       (5) Copies of financial and programmatic reports, 
     evaluations, audits and Inspector General reports related to 
     the office of the Coordinator, the deployment, and all other 
     activities carried out by the Coordinator.
       (6) The amount of funds provided or transferred to the 
     Coordinator for Reconstruction and Stabilization or the 
     Response Readiness Corps for costs not directly supporting 
     deployments under section 618 of the Foreign Assistance Act 
     of 1961, including administration, recruitment, and training 
     costs, and compensation of members of the Response Readiness 
     Corps not deployed as part of such deployments, during the 
     reporting period and to date.
       (7) Each certification made under section 1246(a).
       (c) Publication.--
       (1) Availability to congress.--The Coordinator for 
     Reconstruction and Stabilization shall make each report 
     submitted under subsection (a) available to Congress.
       (2) Internet website.--The Coordinator for Reconstruction 
     and Stabilization shall post a public version of each report 
     submitted under subsection (a) on a searchable and publicly 
     available Internet website. Sensitive and classified 
     information shall be redacted from the report prior to 
     posting.
       (d) Certification.--
       (1) In general.--Prior to the obligation or expenditure of 
     funds appropriated or otherwise made available to carry out 
     this Act for fiscal year 2009 and for each subsequent fiscal 
     year, the Comptroller General of the United States shall 
     certify to the President and to Congress that reports 
     required under subsection (a) for all previous fiscal years 
     have been submitted in a timely and comprehensive manner and 
     all requests to the Coordinator for follow-up information 
     have been provided in a timely manner to Congress. Funds may 
     not be made obligated or expended for a response to a 
     stabilization or reconstruction crisis for a fiscal year 
     until the Comptroller General of the United States has made a 
     certification for the previous fiscal year.
       (2) Publication.--The Comptroller General shall post all 
     certifications under paragraph (1) on a publicly available 
     and searchable Internet website.

     SEC. 1251. FIVE-YEAR SUNSET.

       This subtitle and the amendments made by this subtitle 
     shall cease to have effect 5 years after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 5587. Mr. TESTER (for himself and Mr. Baucus) submitted an 
amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       (a) Allowances Authorized.--Subsection (a) of section 411f 
     of title 37, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Secretary concerned may provide round trip travel 
     and transportation allowances to eligible relatives of a 
     member of the uniformed services who dies while on active 
     duty in order that the eligible relatives may attend a 
     memorial service for the deceased member that occurs at a 
     location other than the location of the burial ceremony for 
     which travel and transportation allowances are provided under 
     paragraph (1). Travel and transportation allowances may be 
     provided under this paragraph for travel of eligible 
     relatives to only one memorial service for the deceased 
     member concerned.''.
       (b) Conforming Amendments.--Subsection (c) of such section 
     is amended by striking ``subsection (a)(1)'' both places it 
     appears and inserting ``paragraph (1) or (2) of subsection 
     (a)''.
                                 ______
                                 
  SA 5588. 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.
       (d) Authorization of Appropriations.--In addition to 
     amounts authorized to be appropriated under title XXIV, there 
     is authorized to be appropriated $10,000,000 for fiscal year 
     2009 for the Department of Defense to carry out this section.
                                 ______
                                 
  SA 5589. 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 457, before line 8, insert the following:

     SEC. 2832. REPORT ON INCREASED USE OF SOLAR POWER ON PENTAGON 
                   RESERVATION.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     feasibility, costs, and benefits of installing and operating 
     equipment and facilities to collect and distribute solar 
     power on the Pentagon Reservation.
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A description of the solar power equipment and 
     facilities currently in operation on the Pentagon 
     Reservation.
       (2) The amount of electricity generated annually by such 
     equipment and facilities, and the percentage of the total 
     power requirements at the Pentagon Reservation currently met 
     by solar power produced on the Reservation.
       (3) An analysis of the feasibility of installing additional 
     solar power equipment and facilities on the Pentagon 
     Reservation to meet all or part of the remaining power 
     requirements of the Pentagon Reservation, including 
     consideration of at least two alternative approaches, at 
     least one of which shall be the installation of individual or 
     collective covered parking structures equipped with solar 
     collection panels.
       (4) An analysis of the costs and benefits, over five-year, 
     ten-year, and thirty-year periods, of the options analyzed 
     under paragraph (3).
       (5) An analysis of potential acquisition methods, including 
     the use of military construction funds and the use of energy 
     savings performance contracts.
                                 ______
                                 
  SA 5590. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

   Subtitle E--Commission on the Conflict Between Russia and Georgia

     SEC. 1241. ESTABLISHMENT OF COMMISSION ON THE CONFLICT 
                   BETWEEN RUSSIA AND GEORGIA.

       There is established the Commission on the Conflict between 
     Russia and Georgia (in this subtitle referred to as the 
     ``Commission'').

     SEC. 1242. PURPOSES OF COMMISSION.

       The purposes of the Commission are to--
       (1) to examine the causes of the conflict between Russia 
     and Georgia that began on August 7, 2008; and
       (2) make recommendations with respect to the policies of 
     the United States toward Russia, Georgia, and other countries 
     in the region.

     SEC. 1243. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 9 
     members, of whom--
       (1) 1 member shall be appointed by the leader of the Senate 
     of the Democratic Party (majority or minority leader, as the 
     case may be), with the concurrence of the leader of the House 
     of Representatives of the Democratic party (majority or 
     minority leader as

[[Page S8794]]

     the case may be), who shall serve as chairman of the 
     Commission;
       (2) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic party;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican party;
       (4) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic party; and
       (5) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican party.
       (b) Qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with significant depth of experience 
     in the field of foreign relations and with expertise 
     regarding relations between Russia and Georgia.
       (c) Deadline for Appointment.--All members of the 
     Commission shall be appointed within 90 days of the date of 
     the enactment of this Act.
       (d) Initial Meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (e) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 1244. RESPONSIBILITIES OF COMMISSION.

       The Commission shall--
       (1) examine and determine the timeline of events that led 
     to the conflict between Russia and Georgia that began on 
     August 7, 2008, since 1991;
       (2) examine the policies of the Government of Russia toward 
     Georgia;
       (3) examine the policies of the Government of Georgia 
     toward the regions of South Ossetia and Abkhazia;
       (4) evaluate the role of the North Atlantic Treaty 
     Organization and the April 2008 Bucharest Summit in the 
     development of the conflict between Russia and Georgia;
       (5) examine and evaluate the policies of the United States 
     toward Russia and Georgia in the context of the conflict, 
     including--
       (A) any communications by officials of the United States to 
     the Government of Russia; and
       (B) any communications by officials of the United States to 
     the Government of Georgia;
       (6) review the role of peacekeepers from Russia in South 
     Ossetia and the relationship between Georgia and the 
     peacekeepers;
       (7) review and evaluate the training and preparedness of 
     the militaries of Russia and Georgia, including--
       (A) any focus in the training of the military of Russia 
     toward Georgia; and
       (B) any focus in the training of the military of Georgia 
     toward Russia;
       (8) review and evaluate allegations of genocide and ethnic 
     cleansing during the conflict; and
       (9) make recommendations with respect to the policies of 
     the United States toward Russia, Georgia, and other countries 
     in the region in light of the conflict between Russia and 
     Georgia.

     SEC. 1245. POWERS OF COMMISSION.

       (a) Hearings and Evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this subtitle, 
     hold such hearings and sit and act at such times and places, 
     take such testimony, receive such evidence, and administer 
     such oaths as the Commission, subcommittee, or member, as the 
     case may be, may determine advisable.
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriations Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this subtitle.
       (c) Staff of Commission.--
       (1) Appointment and compensation.--The chairman of the 
     Commission, in accordance with rules agreed upon by the 
     Commission, may appoint and fix the compensation of a staff 
     director and such other personnel as may be necessary to 
     enable the Commission to carry out its functions, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that no rate of pay 
     fixed under this subsection may exceed the equivalent of that 
     payable for a position at level V of the Executive Schedule 
     under section 5316 of such title.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any employees 
     of the Commission shall be employees under section 2105 of 
     title 5, United States Code, for purposes of chapters 63, 81, 
     83, 84, 85, 87, 89, and 90 of such title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (3) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of the detailee's regular employment 
     without interruption.
       (4) Consultant services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, at rates not to 
     exceed the daily rate paid a person occupying a position at 
     level IV of the Executive Schedule under section 5315 of such 
     title.
       (5) Emphasis on security clearances.--Emphasis shall be 
     made to hire employees and retain contractors and detailees 
     with active security clearances.
       (d) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this subtitle. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by a majority of the Commission, 
     or any member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable laws, regulations, and 
     Executive orders.
       (e) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       (f) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. 1246. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the report required under 
     section 1247.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable law, regulation, or 
     Executive order.

     SEC. 1247. REPORT.

       Not later than 180 days after the appointment of the 
     Commission, the Commission shall submit to the President and 
     Congress a final report containing such findings, 
     conclusions, and recommendations as have been agreed to by a 
     majority of Commission members.

     SEC. 1248. TERMINATION.

       (a) In General.--The Commission, and the provisions of this 
     subtitle, shall terminate on the date that is 60 days after 
     the date on which the final report is submitted under section 
     1247.
       (b) Administrative Activities Before Termination.--The 
     Commission may use the 60-day period referred to in 
     subsection (a) for the purpose of concluding its activities, 
     including providing testimony to committees of Congress 
     concerning its report and disseminating the final report.

     SEC. 1249. FUNDING.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary for the purposes of the 
     activities of the Commission under this subtitle.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 5591. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     develop a program designed to ensure access to and 
     affordability of respite care for military spouses caring for 
     children under the age of 13 throughout the period of the 
     member's deployment to the combat zone.
       (b) Access.--For purposes of subsection (a), a spouse shall 
     be treated as having access to

[[Page S8795]]

     respite care where available throughout the period of a 
     member's deployment to a combat zone if--
       (1) access to high quality respite care is reserved to the 
     maximum extent possible and is available at the child 
     development program at the permanent duty station of the 
     member concerned during the entirety of such period;
       (2) the Secretary of Defense provides (whether by partial 
     or full subsidy, payment or reimbursement) for access to high 
     quality respite care from an approved non-DoD source during 
     the entirety of such period; or
       (3) access to high quality respite care throughout such 
     period is achieved by a combination of the mechanisms 
     described in paragraphs (1) and (2).
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the program initiated under subsection 
     (a), including a description of how respite care will be made 
     available to spouses described in subsection (a) whether 
     residing on a military installation or off a military 
     installation.
       The report may also include, as appropriate, 
     recommendations for changes in legislation to improve the 
     affordability and access to high quality respite care 
     services for spouses with children under age 13 throughout 
     the period of the member's deployment to a combat zone.
       (d) Respite Care Defined.--In this section, the term 
     ``respite care'' means short-term, temporary relief to those 
     who are caring for dependent children.
                                 ______
                                 
  SA 5592. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. MENTOR-PROTEGE PROGRAM FOR SERVICE-DISABLED 
                   VETERANS.

       The Administrator of the Small Business Administration 
     shall establish a mentor-protege program for small business 
     concerns owned and controlled by service-disabled veterans 
     (as defined in section 3 of the Small Business Act (15 U.S.C. 
     632)), modeled on the mentor-protege program of the Small 
     Business Administration for small businesses participating in 
     programs under section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)). Any funds authorized or appropriated for the 
     program under this section shall supplement and not supplant 
     funds available for any mentor-protege program that is in 
     operation on the day before the date of enactment of this 
     Act.
                                 ______
                                 
  SA 5593. Mr. KERRY (for himself and Mr. Smith) submitted an amendment 
intended to be proposed by him to the bill S. 3001, to authorize 
appropriations for fiscal year 2009 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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 Russia's standing in 
     the international community and should lead to a review of 
     existing, developing, and proposed multilateral and bilateral 
     arrangements with the Russian Federation;
       (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 serve as the basis for improved long-term 
     relations with the Government of the Russian Federation as it 
     complies with its international obligations;
       (4) 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 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 5594. Mr. LUGAR (for himself and Mr. Biden) 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--Afghan Freedom Support and Security

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Afghan Freedom Support 
     and Security Act of 2008''.

     SEC. 1242. FINDINGS.

       Congress makes the following findings:
       (1) More than 6 years after the liberation of Afghanistan 
     from the Taliban, who provided Osama Bin Laden and Al-Qaeda 
     with a safe haven for planning the attacks of September 11, 
     2001, Afghanistan remains highly unstable and the government 
     of President Hamid Karzai remains subject to attacks from 
     remnants of the Taliban who have regrouped in the region with 
     other insurgent groups, including foreign fighters associated 
     with Al-Qaeda.
       (2) The Government of Afghanistan supports the continued 
     deployment of international forces to supplement its own 
     nascent national security forces and North Atlantic Treaty 
     Organization (NATO) forces, which took over international 
     stability operations for the entire country through the 
     International Security Assistance Force (ISAF) on October 5, 
     2006.
       (3) An insurgency that began in a relatively weak position 
     at the end of 2005 has expanded to pose a serious threat to 
     the Government of Afghanistan and the international NATO/ISAF 
     and Operation Enduring Freedom forces, whose casualties have 
     mounted significantly during 2008, while civilian casualties 
     have also increased substantially in Afghanistan, resulting 
     in significant popular disenchantment and concern about the 
     prospects of peace and stability in the near future.
       (4) Despite the establishment of a constitution and a 
     constitutionally-elected government in Afghanistan, the 
     failure to build the core institutions of the state and the 
     market has resulted in opportunities for massive corruption 
     and the mounting loss of trust of the Afghan people in their 
     government.
       (5) A Government Accountability Office report released on 
     June 18, 2008 (GAO-08-883T) indicates that ``although the 
     [Afghan National Police] has reportedly grown in number since 
     2005, after an investment of nearly $6 billion, no Afghan 
     police unit (0 of 433) is assessed by Defense as fully 
     capable of performing its mission''.
       (6) The failure of the current counter-narcotics strategy 
     for Afghanistan has diminished Afghan political will to take 
     on the increasingly powerful drug interests in the country. 
     The lack of significant results is due to--
       (A) the failure to have in place in Afghanistan the 
     essential institutional elements necessary to arrest and 
     prosecute mid- and high-level drug traffickers and enablers; 
     and
       (B) the lack of economic mechanisms, such as finance 
     facilities and services and adequate land rights, to enable 
     Afghan farmers to develop alternatives to opium production.
       (7) The violence and instability in Afghanistan is further 
     exacerbated by corruption and the flourishing trade in opium 
     and opium-related products, which--
       (A) has reached record levels;
       (B) fuels local militias;
       (C) corrupts the national and local governments; and
       (D) provides funding for insurgent and terrorist groups.
       (8) The failure of the Government of Afghanistan to reform 
     the judicial sector has allowed the Taliban to offer its 
     version of dispute settlement and to operate among ordinary 
     citizens.
       (9) The Bonn Agreement--
       (A) provided legitimacy and initial stability in 
     Afghanistan between late 2001 and 2006;

[[Page S8796]]

       (B) enabled the drafting of a new constitution, the first 
     directly elected President in the history of Afghanistan, and 
     a sitting National Parliament.
       (10) The Bonn Agreement also provided the political 
     platform through which a series of benchmarks were set. These 
     benchmarks were met against a carefully sequenced timeline 
     for a narrow list of institutional priorities upon which the 
     Afghan Government, Afghan citizens, and their international 
     supporters could collaborate. The National Health System, the 
     Afghan National Army, the National Solidarity Program, the 
     National Telecommunications program, and the National 
     Transportation System provided a clear framework for the 
     establishment and coordination of goals, tasks, benchmarks, 
     and allocation of responsibilities.
       (11) On February 1, 2006, the Government of Afghanistan and 
     the international community issued the Afghanistan Compact, 
     which sets forth both the international community``s 
     commitment to Afghanistan and Afghanistan''s commitment to 
     state-building and reform.
       (12) The Afghanistan Compact, which is supported by the 
     Afghan National Development Strategy--
       (A) provides the core framework for building an effective, 
     accountable state in Afghanistan;
       (B) sets goals and standards for improvements in security, 
     governance, and development;
       (C) includes measures for reducing the narcotics economy, 
     promoting regional cooperation, and making aid more 
     effective, particularly at the local and provincial levels; 
     and
       (D) established a mechanism to monitor Afghanistan and the 
     international community's adherence to the time lines, goals, 
     and objectives set forth in the document.

     SEC. 1243. SENSE OF CONGRESS.

       It is the Sense of the Congress that--
       (1) following the liberation of Afghanistan from the 
     Taliban in 2001, the Federal Government underestimated--
       (A) the nature of the challenge in Afghanistan;
       (B) the time horizon for restoring political and economic 
     stability in Afghanistan; and
       (C) the type of resources required to help ensure a stable 
     Afghanistan with effective and accountable state institutions 
     and developing economic opportunities;
       (2) the international community must--
       (A) provide appropriate and forthright expectations of the 
     long and challenging commitment necessary for success in 
     Afghanistan; and
       (B) accurately estimate the nature of the resources 
     required;
       (3) Afghanistan remains a country of paramount importance 
     to our national security and building Afghanistan into an 
     effective state with political and economic stability is a 
     goal that the United States shares with the Government of 
     Afghanistan and its citizens;
       (4) the region in which Afghanistan is situated is of 
     paramount importance to the national security of the United 
     States and our diplomatic initiatives and foreign policy in 
     this region must be harmonized and coherent across the 
     region;
       (5) the most important partners in the security, stability, 
     and development of Afghanistan are the people of that 
     country, who should remain a prime focus of our efforts to 
     build their sustained capacity to govern;
       (6) long-term, consistent, and coordinated international 
     support and assistance is required in Afghanistan to secure, 
     stabilize, and develop the country so that it is capable of 
     sustaining good governance and becoming a responsible and 
     valued partner in the international community;
       (7) setting appropriate expectations in Afghanistan and in 
     donor and partner capitals is essential to effective and 
     responsible foreign assistance policy; and understanding the 
     necessity for long-term engagement in such situations will 
     prevent short term, unsustainable outcomes;
       (8) Afghanistan and its neighbors have a mutual 
     responsibility to ensure that their territories are not the 
     source, and their policies are not complicit in, the 
     destabilization or deprivation of other countries in the 
     region;
       (9) the challenges Afghanistan faces stem more from weak 
     governance than from a strong enemy and can be overcome by 
     the unity and resolve of the Afghan people and the 
     international community;
       (10) American academic and policy institutions and several 
     respected outside organizations have conducted significant 
     close and prolonged studies of the Afghanistan situation, 
     generating reports and comprehensive reviews of post-conflict 
     reconstruction, counter-narcotics, economic development, 
     security force training, and counter-insurgency efforts that 
     warrant review and consideration by United States policy 
     makers to develop a more responsive United States strategy to 
     address the crisis in Afghanistan;
       (11) despite some delays in its deployment, the Afghan 
     National Army (ANA), which is an essential element in the 
     stability of Afghanistan in a volatile region, must continue 
     to be properly trained and equipped to achieve effective and 
     independent operational capability;
       (12) the security of Afghanistan is closely intertwined 
     with those of its regional neighbors;
       (13) success in Afghanistan, both economic and political, 
     will be dependent on security and stability in the region; 
     and
       (14) it is essential that United States policy be 
     harmonized and complementary across the region.

     SEC. 1244. DECLARATION OF POLICY.

       It shall be the policy of the United States--
       (1) to render appropriate, long-term assistance to 
     Afghanistan in a consistent and coordinated fashion with 
     willing and responsible partners in the international 
     community;
       (2) to ensure that our foreign policy in this region is 
     responsive to and in partnership with the people of 
     Afghanistan;
       (3) to harmonize its assistance efforts in Afghanistan and 
     neighboring countries across--
       (A) all associated Federal agencies; and
       (B) to the maximum extent possible, with congruent 
     international partner assistance efforts; and
       (4) to regularly, comprehensively, and openly review 
     stabilization, reconstruction and development efforts in 
     Afghanistan to ensure flexibility and the most effective 
     utilization of resources toward specific, tangible outcomes.

     SEC. 1245. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--Except as 
     otherwise provided, 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) Government of afghanistan.--The term ``Government of 
     Afghanistan'' includes--
       (A) the government of any political subdivision of 
     Afghanistan; and
       (B) any agency or instrumentality of the Government of 
     Afghanistan.
       (3) International security assistance force; isaf.--The 
     terms ``International Security Assistance Force'' and 
     ``ISAF'' means the international security assistance force 
     established to assist in the maintenance of security in 
     Afghanistan pursuant to United Nations Security Council 
     Resolution 1386 (2001), as amended by United Nations Security 
     Council Resolutions 1413 (2002), 1444 (2002), 1510 (2003), 
     1563 (2004), 1623 (2005), and 1707 (2006).

     SEC. 1246. PURPOSES OF ASSISTANCE.

       The purposes of United States assistance authorized by this 
     subtitle are--
       (1) to help assure the security of the United States and 
     the world by--
       (A) reducing or eliminating the likelihood of violence 
     against the United States and partners in Afghanistan; and
       (B) reducing the chance that Afghanistan will become a 
     source of international terrorism;
       (2) to signal our Nation's long-term commitment to 
     Afghanistan and its people, the region, and partners in the 
     international community;
       (3) to provide United States civilian agencies with the 
     appropriate resources to effectively plan, implement, and 
     monitor assistance programs in an exceptionally challenging 
     environment, including--
       (A) expanding the presence of United States diplomatic 
     personnel in key provincial capitals and at locations at 
     which Provincial Reconstruction Teams are to be sustained; 
     and
       (B) integrating a more substantial, long-term presence of 
     experienced development experts;
       (4) to help Afghans realize a stable and secure country 
     with effective, accountable state institutions that 
     effectively administer the basic needs of the Afghan people 
     for services, safety, the rule of law, and increased economic 
     opportunity, by focusing United States efforts on--
       (A) establishing viable Afghan security institutions;
       (B) building Afghan governance and rule of law capacity, 
     especially at the sub-national level;
       (C) enabling a vibrant economic and social environment 
     through reconstruction of critical infrastructure and focused 
     development;
       (D) combating insurgency as an ongoing, regionally-fueled, 
     threat; and
       (E) incorporating counter-narcotics as integral to this 
     mission;
       (5) to realize, as milestones to Afghanistan's progress, 
     combined with sustained political will on the part of our 
     Afghan and international partners--
       (A) Afghan National Security Forces that plan and execute 
     operations against Taliban and other insurgents, with United 
     States, NATO, and other partner nations' forces in support 
     and ensure that Afghan citizens are protected from criminal 
     elements;
       (B) state-sponsored justice institutions in every province 
     and in key districts that provide the majority of Afghans 
     with access to formal justice;
       (C) governors in every province dedicated to and held 
     accountable for delivery of services to the district level;
       (D) a strengthened, private sector friendly, legal and 
     commercial framework and basic infrastructure for private 
     sector development in every province, including roads that 
     link to the main ring road;

[[Page S8797]]

       (E) reduced rates of poppy cultivation and trafficking 
     based on strides made in improving security, enhancing local-
     governing capacity and justice institutions, and promoting 
     economic development nationwide as the security environment 
     dictates; and
       (F) the completion of the 2009 and 2010 scheduled 
     presidential and parliamentary elections with an improved 
     level of competence, legitimacy, and effectiveness in the 
     administration of government for the Afghan people.

     SEC. 1247. AUTHORIZATION OF APPROPRIATIONS.

       It is the sense of Congress that up to $3,000,000,000 
     should be authorized to be appropriated to the President for 
     each of the fiscal years 2009 through 2018 to provide 
     assistance to Afghanistan under the Foreign Assistance Act of 
     1961(22 U.S.C. 2151 et seq.).

     SEC. 1248. MONITORING AND EVALUATION OF ASSISTANCE.

       (a) In General.--The President shall establish and 
     implement a system to monitor and evaluate the effectiveness 
     and efficiency of assistance provided under this subtitle on 
     a program-by-program basis in order to maximize the long-term 
     sustainable development impact of such assistance.
       (b) Requirements.--In carrying out subsection (a), the 
     President shall--
       (1) establish performance goals for assistance authorized 
     under this subtitle and expresses such goals in an objective 
     and quantifiable form, to the extent practicable;
       (2) establish indicators to be used in measuring or 
     assessing the achievement of the goals described in paragraph 
     (1); and
       (3) provide a basis for recommendations for adjustments to 
     assistance authorized under this subtitle to enhance the 
     impact of such assistance.
       (c) Assistance To Enhance the Capacity of Afghanistan.--In 
     carrying out subsection (a), the President shall provide 
     assistance to enhance the capacity of the Government of 
     Afghanistan to monitor and evaluate programs carried out by 
     the national, provincial, and local governments in 
     Afghanistan in order to maximize the long-term sustainable 
     development impact of such programs.
       (d) Authorization of Appropriations.--Not less than 5 
     percent of the amounts authorized to be appropriated under 
     section 1247(a) for any fiscal year shall be made available 
     to carry out this section for such fiscal year.

     SEC. 1249. ASSISTANCE TO SUPPORT THE OFFICE OF THE INSPECTOR 
                   GENERAL OF DEPARTMENT OF STATE AND THE OFFICE 
                   OF THE INSPECTOR GENERAL OF THE UNITED STATES 
                   AGENCY FOR INTERNATIONAL DEVELOPMENT IN 
                   AFGHANISTAN.

       (a) Assistance Authorized.--The President shall provide 
     assistance to support the auditing, investigation, and 
     oversight capacity and capability in Afghanistan of the 
     Office of the Inspector General of the Department of State 
     and the Office of the Inspector General of the United States 
     Agency for International Development in Afghanistan, which 
     are authorized to audit, investigate, and oversee the 
     programs authorized under this subtitle.
       (b) Requirement for In-Country Presence.--The Office of the 
     Inspector General of the Department of State and the Office 
     of the Inspector General of the United States Agency for 
     International Development, after consultation with the 
     Secretary of State and the Administrator for the United 
     States Agency for International Development, shall 
     permanently deploy not less than 2 staff from each such 
     Office in Afghanistan to carry out this section.
       (c) Authorization of Appropriations.--
       (1) Availability of funds.--Of the amounts authorized to be 
     appropriated under section 1247 for each of the fiscal years 
     2009 through 2013--
       (A) $1,500,000 may be made available to the Office of the 
     Inspector General of the Department of State to carry out 
     this section; and
       (B) $3,000,000 may be made available to the Office of the 
     Inspector General of the United States Agency for 
     International Development to carry out this section.
       (2) Relation to other available funds.--Amounts made 
     available under paragraph (1) are in addition to amounts 
     otherwise available for such purposes.

     SEC. 1250. COORDINATION OF ASSISTANCE.

       (a) Congressional Finding.--Congress finds that the 
     coordinator of assistance provided for in section 9 has not 
     achieved the objectives of an integrated approach to United 
     States assistance programs for Afghanistan.
       (b) Appointment of Coordinator.--Not later than 90 days 
     after the date of the enactment of this Act, the President, 
     by and with the advice and consent of the Senate, shall 
     appoint a coordinator. who--
       (1) shall report directly to the President;
       (2) shall have the rank and status of Ambassador; and
       (3) may not hold any other position within the United 
     States Government.
       (c) Duties of Coordinator.--The coordinator appointed 
     pursuant to subsection (b) shall--
       (1) design an overall non-military strategy, in 
     coordination with the heads of relevant Federal departments 
     and agencies, to advance United States interests in 
     Afghanistan, including policy coordination relating to--
       (A) stability;
       (B) political and economic reconstruction and development;
       (C) counter-narcotics; and
       (D) activities to equip and train the Afghan National 
     Security Forces;
       (2) ensure policy coordination among relevant Federal 
     departments and agencies, including the Department of 
     Defense, in carrying out the strategy described in paragraph 
     (1);
       (3) coordinate with other countries and international 
     organizations with respect to assistance for Afghanistan, 
     especially in areas in which ground coordination and 
     collaboration is essential, such as activities to--
       (A) equip and train the Afghan National Security Forces;
       (B) build the capacity of the Government of Afghanistan at 
     the local, district, province, and national levels;
       (C) undertake phased reconstruction and development 
     activities, especially activities associated with sustainable 
     counter-narcotics operations and programs;
       (4) coordinate the implementation of assistance for 
     Afghanistan described in paragraph (1) and oversight with 
     relevant Federal departments and agencies;
       (5) resolve policy disputes with respect to United States 
     assistance for Afghanistan described in paragraph (1) among 
     relevant Federal departments and agencies; and
       (6) ensure coordination among the United States, the 
     Government of Afghanistan, ISAF, and other international 
     partners that are supporting counter-terrorism, counter-
     insurgency, and counter-narcotics efforts.
       (d) Deputy Coordinators.--The coordinator may appoint up to 
     2 deputy coordinators to assist the coordinator with the 
     duties of the coordinator described in subsection (c), 
     including duties relating to counter-narcotics, 
     reconstruction and development, and equipping and training 
     Afghan National Security Forces. A deputy coordinator may not 
     hold any other position within the United States Government.

     SEC. 1251. HUMANITARIAN ASSISTANCE FOR WAR VICTIMS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the President should continue and expand programs of 
     assistance to innocent Afghan individuals, families, and 
     communities that suffered losses as a result of military 
     operations conducted by United States and NATO/ISAF forces; 
     and
       (2) the programs described in paragraph (1) help innocent 
     civilians rebuild their lives and build goodwill for the 
     United States and our allies.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall submit a report to 
     the appropriate congressional committees on the feasibility 
     of expanding assistance programs described in subsection (a) 
     to include--
       (1) the provision of additional assistance to families of 
     Afghan civilians who--
       (A) were injured or killed during such operations; and
       (B) were the primary source of income for their families;
       (2) the provision of assistance in excess of $2,500 to 
     families of Afghan civilians described in subsection (a); and
       (3) the provision of other assistance that might be 
     required as a result of ongoing military operations in 
     Afghanistan.

     SEC. 1252. SENSE OF CONGRESS CONCERNING UNITED NATIONS 
                   MANDATE IN AFGHANISTAN.

       It is the sense of Congress that--
       (1) the United Nations Assistance Mission in Afghanistan 
     plays a vital role in coordinating international assistance 
     efforts and should strengthen that role;
       (2) the United Nations Security Council should expand the 
     United Nations mandate in Afghanistan by--
       (A) authorizing international civilian law enforcement 
     missions in Afghanistan as a part of peace operations of the 
     United Nations in Afghanistan;
       (B) authorizing the International Security Assistance Force 
     to participate in counter-drug interdiction operations, to 
     the extent appropriate, practicable, and consistent with 
     ongoing operational activities and international law, against 
     major narcotic traffickers, their operations, and their 
     infrastructure in Afghanistan, with the concurrence of the 
     Government of Afghanistan;
       (C) installing effective centralized authority within the 
     United Nations Special Representative for Afghanistan to 
     enable the international community's political objectives to 
     be prioritized and communicated directly with the Government 
     of Afghanistan; and
       (D) amending and extending the authorization of the 
     International Security Assistance Force beyond October 2008.

     SEC. 1253. SPECIAL REPRESENTATIVE FOR REGIONAL COOPERATION.

       (a) Statement of Policy.--Congress declares that it is in 
     the national interest of the United States that the countries 
     of South and Central Asia work together to address common 
     challenges hampering the stability, security, and development 
     of their region and to enhance their cooperation.
       (b) Appointment.--The President shall appoint, with the 
     advice and consent of the Senate, a special representative, 
     who shall--
       (1) have the rank of Ambassador; and
       (2) shall promote closer cooperation between the countries 
     of South and Central Asia.
       (c) Duties.--
       (1) In general.--The primary responsibility of the special 
     representative shall be to coordinate United States policy on 
     issues relating to strengthening and facilitating relations 
     between the nations of South and

[[Page S8798]]

     Central Asia for the benefit of stability and economic growth 
     in the region.
       (2) Advisory role.--The special representative shall--
       (A) advise the President and the Secretary of State, as 
     appropriate; and
       (B) in coordination with the Assistant Secretary of State 
     for South and Central Asian Affairs, make recommendations 
     regarding effective strategies and tactics to achieve United 
     States policy objectives to--
       (i) stem cross-border terror activities;
       (ii) provide assistance to refugees to ensure orderly and 
     voluntary repatriation from neighboring states;
       (iii) bolster people-to-people ties and economic 
     cooperation between the nations of South and Central Asia, 
     including bilateral trade relations;
       (iv) explore opportunities to anticipate and seek solutions 
     to critical cross-border issues such as transport, energy, 
     water and the like; and
       (v) offer comprehensive efforts to support effective 
     counter-narcotics strategies in South and Central Asia.

     SEC. 1254. REAUTHORIZATION OF RADIO FREE AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) Since January 30, 2002, RFE/RL, Incorporated (formerly 
     known as Radio Free Europe/Radio Liberty) has provided 12 
     hours of daily surrogate broadcasting services through Radio 
     Free Afghanistan in Dari and Pashto languages to the people 
     of Afghanistan.
       (2) Radio Free Afghanistan is the leading broadcaster in 
     Afghanistan with an audience of nearly 60 percent of the 
     adult population.
       (3) It is in the national interest to continue Radio Free 
     Afghanistan's surrogate broadcasts to Afghanistan in order to 
     provide accurate news and information, help give voice to 
     ordinary Afghans, and provide programs on the fundamentals of 
     democracy.
       (b) Authorization of Appropriations.--It is the sense of 
     Congress that there should be authorized to be appropriated 
     to the Broadcasting Board of Governors such sums as may be 
     necessary for each of the fiscal years 2009 through 2013 for 
     grants to support 12 hours of daily surrogate broadcasting 
     services through Radio Free Afghanistan in Dari and Pashto 
     languages to the people of Afghanistan.
  SA 5595. Mr. BURR submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

  TITLE XVII--RETIREMENT OF MEMBERS OF THE ARMED FORCES FOR DISABILITY

     SEC. 1701. RETIREMENT FOR DISABILITY OF MEMBERS OF THE ARMED 
                   FORCES AFTER REFORM OF DISABILITY RETIREMENT 
                   SYSTEM FOR MEMBERS OF THE ARMED FORCES.

       (a) In General.--Chapter 61 of title 10, United States 
     Code, is amended--
       (1) by inserting before section 1201 the following:

 ``SUBCHAPTER I--RETIREMENT OR SEPARATION BEFORE REFORM OF DISABILITY 
                           RETIREMENT SYSTEM

     ``Sec. 1200. Applicability of subchapter: members retired or 
       separated before reform of disability retirement system; 
       certain members on temporary disability retired list as of 
       implementation of reform of disability retirement system

       ``(a) In General.--Except as provided in subsection (b), 
     this subchapter applies to the retirement or separation for 
     disability of members as follows:
       ``(1) Members who are eligible for retirement for 
     disability or separation for disability before the effective 
     date of the implementation of the reform of the disability 
     retirement system for members of the armed forces (as 
     determined in accordance with section 1206a(c) of this 
     title).
       ``(2) Members on the temporary disability retired list as 
     of the effective date of the implementation of the enhanced 
     Department of Veterans Affairs disability compensation system 
     who--
       ``(A) are eligible for retirement under the provisions of 
     subchapter II in accordance with section 1206c of this title; 
     but
       ``(B) do not elect to retire under the provisions of 
     subchapter II as otherwise provided in section 1206c of this 
     title.
       ``(b) Inapplicability to Certain Members.--For provisions 
     relating to the applicability of subchapter II to the 
     retirement for disability of certain members otherwise 
     covered by this subchapter under subsection (a)(1), see 
     section 1206b of this title.'';
       (2) by transferring section 1206a to appear after section 
     1207a and redesignating such section, as so transferred, as 
     section 1207b; and
       (3) by inserting after section 1206 the following:

``SUBCHAPTER II--RETIREMENT ON OR AFTER REFORM OF DISABILITY RETIREMENT 
                                 SYSTEM

     ``Sec. 1206a. Applicability of subchapter: members retired on 
       or after implementation of reform of disability retirement 
       system

       ``(a) In General.--This subchapter applies to the 
     retirement of members for disability (including the placement 
     of members on the temporary disability retired list in 
     accordance with section 1206e of this title) on or after the 
     effective date of the implementation of the reform of the 
     disability retirement system for members of the armed forces 
     (as determined in accordance with subsection (c)).
       ``(b) Exclusive Application.--Members eligible for 
     retirement under this subchapter by reason of this section 
     are not eligible for retirement or separation under 
     subchapter I.
       ``(c) Effective Date of Implementation of Reform of 
     Disability Retirement System.--For purposes of this chapter, 
     the effective date of the implementation of the reform of the 
     disability retirement system for members of the armed forces 
     shall be the date that is one year after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2009.

     ``Sec. 1206b. Applicability of subchapter: certain members 
       retired on or after October 7, 2001, but before 
       implementation of reform of disability retirement system

       ``(a) Election of Applicability.--(1) During such period as 
     the Secretary of Defense shall prescribe for purposes of this 
     section, a former member described in subsection (b) may 
     elect to retire under this subchapter in lieu of retirement 
     under the provisions of this chapter as in effect on the day 
     before the effective date of the implementation of the reform 
     of the disability retirement system for members of the armed 
     forces (as determined in accordance with section 1206a(c) of 
     this title).
       ``(2) Each election under this subsection shall be executed 
     in such form and manner as the Secretary of Defense shall 
     prescribe for purposes of this section.
       ``(3) Any election made under this subsection is 
     irrevocable.
       ``(b) Covered Former Members.--A former member described in 
     this subsection is any former member who, during the period 
     beginning on October 7, 2001, and ending on the day before 
     the effective date of the implementation of the reform of the 
     disability retirement system for members of the armed forces, 
     is retired under the provisions of this chapter as in effect 
     before the effective date of the implementation of the reform 
     of the disability retirement system for members of the armed 
     forces.
       ``(c) Treatment of Former Members Making Elections.--(1) 
     Effective as of the date of the correction of the military 
     records of such former member under subsection (d), each 
     former member who makes an election under subsection (a) 
     shall be deemed to have been retired under this subchapter, 
     with retired pay computed under section 1401 of this title 
     (as in effect after the effective date of the implementation 
     of the reform of the disability retirement system for members 
     of the armed forces), rather than to have been retired under 
     the provisions of this chapter as in effect before the 
     effective date of the implementation of the reform of the 
     disability retirement system.
       ``(2) No benefits are available to a former member under 
     this subchapter for any period before the correction of the 
     military records of the former member under subsection (d).
       ``(3) The Secretary of Defense may not recoup or collect 
     from any former member who is retired under this subchapter 
     pursuant to an election under subsection (a) any amount of 
     retired pay paid to the former member under this chapter 
     before the date of the effective date of the correction of 
     the military records of the former member under subsection 
     (d).
       ``(d) Correction of Military Records.--The Secretary 
     concerned shall correct the military records of each former 
     member making an election under subsection (a) to reflect 
     that the former member is retired under the provisions of 
     this subchapter rather than retired under the provisions of 
     this chapter as in effect before the effective date of the 
     implementation of the reform of the disability retirement 
     system for members of the armed forces.

     ``Sec. 1206c. Applicability of subchapter: members on 
       temporary disability retired list as of implementation of 
       reform of disability retirement system

       ``(a) Election of Applicability.--(1) A member described in 
     subsection (b) may elect to retire under this subchapter in 
     lieu of retirement under the provisions of subchapter I.
       ``(2) Each election under this subsection shall be executed 
     in such form and manner as the Secretary of Defense shall 
     prescribe for purposes of this section.
       ``(3) Any election made under this subsection is 
     irrevocable.
       ``(b) Covered Members.--A member described in this 
     subsection is any member--
       ``(1) whose name is on the temporary disability retired 
     list as of the effective date of the implementation of the 
     reform of the disability retirement system for members of the 
     armed forces (as determined in accordance with section 
     1206a(c) of this title); and
       ``(2)(A) whose disability qualifying the member for 
     placement on the temporary disability retired list is 
     determined after such effective date by the Secretary 
     concerned,

[[Page S8799]]

     based on accepted medical principles, to be of a permanent 
     nature and stable; or
       ``(B) whose disability is considered after such effective 
     date by the Secretary concerned to be of a permanent nature 
     and stable after five years of the placement of the member's 
     name on the temporary disability retired list in accordance 
     with section 1210(b) of this title.
       ``(c) Timing of Election.--A member eligible to make an 
     election under subsection (a) by reason of a determination 
     under subparagraph (A) or (B) of subsection (b)(2) shall make 
     such election, if at all, during such period after the date 
     of the determination as the Secretary of Defense shall 
     prescribe for purposes of this section.
       ``(d) Treatment of Members Making Elections.--(1) Effective 
     as of the date of such election, each member who makes an 
     election under subsection (a) shall be retired under this 
     subchapter, with retired pay computed under section 1401 of 
     this title (as in effect after the effective date of the 
     implementation of the reform of the disability retirement 
     system for members of the armed forces).
       ``(2) No benefits are available to a member under this 
     subchapter for any period before the election of the member 
     under subsection (a).
       ``(3) The Secretary of Defense may not recoup or collect 
     from any member who is retired under this subchapter pursuant 
     to an election under subsection (a) any amount of retired pay 
     paid to the member under this chapter before the date of the 
     election of the member under subsection (a).

     ``Sec. 1206d. Retirement

       ``(a) In General.--Upon a determination by the Secretary 
     concerned that a member covered by this subchapter under 
     section 1206a of this title is unfit to perform the duties of 
     the member's office, grade, rank, or rating because of 
     physical disability, the Secretary may, consistent with 
     regulations prescribed by the Secretary of Defense for 
     purposes of this subchapter, retire the member, with retired 
     pay computed under section 1401 of this title (as in effect 
     after the effective date of the implementation of the reform 
     of the disability retirement system for members of the armed 
     forces (as determined in accordance with section 1206a(c) of 
     this title)), if the Secretary concerned also makes the 
     determinations specified in subsection (b) with respect to 
     the member.
       ``(b) Determinations.--The determinations specified in this 
     subsection with respect to a member are determinations by the 
     Secretary concerned as follows:
       ``(1) That the disability of the member, based upon 
     accepted medical principles--
       ``(A) is of a permanent nature; or
       ``(B) is of uncertain permanency, such that a temporary 
     disability retirement under section 1206e of this title is 
     appropriate.
       ``(2) That the injury, illness, or disease rendering the 
     member unfit was incurred or aggravated in the line of duty--
       ``(A) while the member was entitled to basic pay under 
     section 204 of title 37 or compensation under section 206 of 
     that title;
       ``(B) while performing active duty but not entitled to 
     basic pay under section 204 of title 37 or inactive-duty 
     training; or
       ``(C) while engaged in an activity covered by section 
     1201(c)(3), 1204(2)(B), or 1204(2)(C) of this title.
       ``(3) That the injury, illness, or disease was not--
       ``(A) the result of the member's intentional misconduct or 
     willful neglect; or
       ``(B) incurred during a period of unauthorized absence.

     ``Sec. 1206e. Temporary disability retired list

       ``(a) In General.--Subject to the provisions of this 
     section, a member covered by section 1206d(b) of this title 
     who is described by paragraph (1)(B) of such section shall 
     have such member's name placed on the temporary disability 
     retired list, with retired pay computed under section 1401 of 
     this title (as in effect after the effective date of the 
     implementation of the reform of the disability retirement 
     system for members of the armed forces (as determined in 
     accordance with section 1206a(c) of this title)).
       ``(b) Administration.--(1) Subsection (a) shall be 
     administered in accordance with such regulations as the 
     Secretary of Defense shall prescribe for purposes of this 
     section.
       ``(2)(A) Except as provided in subparagraph (B), the 
     regulations prescribed under this subsection shall provide 
     for the applicability of the provisions of sections 1210 and 
     1211 of this title to a member whose name is placed on the 
     temporary disability retired list under this section.
       ``(B) The provisions of subsections (c), (d), and (e) of 
     section 1210 of this title shall not apply to a member whose 
     name is placed on the temporary disability retired list under 
     this section.
       ``(3)(A) The regulations shall provide for appropriate 
     mechanisms, applicable uniformly across the military 
     departments, for an annual review by the military departments 
     of determinations to place members' names on the temporary 
     disability retired list under this section in order to ensure 
     the accuracy and consistency of such determinations by the 
     military departments.
       ``(B) The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives each year a report on the results of the 
     reviews conducted by the military departments under 
     subparagraph (A) during the preceding year.
       ``(c) Retirement.--If, as a result of a periodic 
     examination under section 1210(a) of this title or upon a 
     final determination under section 1210(b) of this title, it 
     is determined that a member's physical disability is of a 
     permanent nature, the member's name shall be removed from the 
     temporary disability retired list, and the member shall be 
     retired under section 1206d of this title.

     ``Sec. 1206f. Treatment of retired pay

       ``(a) In General.--Except as provided in subsection (b), 
     retired pay authorized by this subchapter shall be treated as 
     retired pay for all purposes under this title.
       ``(b) Treatment for Eligibility for Medical and Dental 
     Care.--The treatment of receipt of retired pay authorized by 
     this subchapter on the eligibility of a member for medical 
     and dental care under chapter 55 of this title is governed by 
     the provisions of section 1074(b) of this title.
       ``(c) No Offset Under Duplication of Benefits.--Retired pay 
     authorized by this subchapter is not subject to the 
     prohibitions against duplication of benefits under sections 
     5304 and 5305 of title 38.
       ``(d) Ineligibility for Combat-Related Special 
     Compensation.--A member retired under this subchapter is not 
     eligible for combat-related special compensation under 
     section 1413a of this title.

     ``Sec. 1206g. Determinations of unfitness

       ``(a) In General.--In this subchapter, a finding of 
     unfitness for duty with respect to a member shall be based on 
     determinations by the Secretary concerned that--
       ``(1) the member is unfit to perform the duties of the 
     member's office, grade, rank, or rating because of a physical 
     disability; and
       ``(2) it is unlikely that through retraining in another 
     occupational specialty or other preparations the member can 
     be reassigned to other duties the member would be fit to 
     perform and which are consistent with the needs of the armed 
     force concerned.
       ``(b) Interservice Transfer.--With the consent of a member 
     determined unfit for duty under subsection (a), the member 
     may, instead of being retired under this subchapter, be 
     transferred under section 716 of this title to another 
     uniformed service if the Secretary responsible for that 
     uniformed service determines that the member, currently or 
     through retraining in another occupational specialty or other 
     preparations, can be reassigned to other duties the member 
     would be fit to perform and which are consistent with the 
     needs of that uniformed service.
       ``(c) Continuation of Service of Member Determined Unfit.--
     Upon the agreement of a member determined unfit for duty 
     under subsection (a) and the Secretary concerned, the 
     member's service may be continued under terms and conditions 
     specified by the Secretary concerned, including through 
     transfer to another uniformed service under section 716 of 
     this title.

     ``Sec. 1206h. Definitions

       ``In this subchapter, the terms `disability' and `physical 
     disability' include any disability based on a mental 
     disorder.

              ``SUBCHAPTER III--ADMINISTRATIVE MATTERS''.

       (b) Clerical Amendments.--Chapter 61 of such title is 
     further amended--
       (1) by inserting after the chapter heading the following:

``Subchapter                                                      Sec. 
``I. Retirement or Separation Before Reform of Disability Retirement 
    System....................................................1200 ....

``II. Retirement on or After Reform of Disability Retirement 1206a ....

``III. Administrative Matters...............................1207'';....

       (2) by inserting after the subchapter heading for 
     subchapter I, as added by subsection (a)(1) of this section, 
     the following:

``Sec.
``1200. Applicability of subchapter: members retired or separated 
              before implementation of reform of disability retirement 
              system; certain members on temporary disability retired 
              list as of implementation of reform of disability 
              retirement system.
``1201. Regulars and members on active duty for more than 30 days: 
              retirement.
``1202. Regulars and members on active duty for more than 30 days: 
              temporary disability retired list.
``1203. Regulars and members on active duty for more than 30 days: 
              separation.
``1204. Members on active duty for 30 days or less or on inactive-duty 
              training: retirement.
``1205. Members on active duty for 30 days or less or on inactive-duty 
              training: temporary disability retired list.
``1206. Members on active duty for 30 days or less or on inactive-duty 
              training: separation.'';

       (3) by inserting after the subchapter heading for 
     subchapter II, as added by subsection (a)(3) of this section, 
     the following:

``Sec.
``1206a. Applicability of subchapter: members retired on or after 
              implementation of reform of disability retirement system.
``1206b. Applicability of subchapter: certain members retired on or 
              after October 7, 2001, but before implementation of 
              reform of disability retirement system.

[[Page S8800]]

``1206c. Applicability of subchapter: members on temporary disability 
              retired list as of implementation of reform of disability 
              retirement system.
``1206d. Retirement.
``1206e. Temporary disability retired list.
``1206f. Treatment of retired pay.
``1206g. Determinations of unfitness.
``1206h. Definitions.'';

     and
       (4) by inserting after the subchapter heading for 
     subchapter III, as so added, the following:

``Sec.
``1207. Disability from intentional misconduct or willful neglect: 
              separation.
``1207a. Members with over eight years of active service: eligibility 
              for disability retirement for pre-existing conditions.
``1207b. Reserve component members unable to perform duties when 
              ordered to active duty: disability system processing.
``1208. Computation of service.
``1209. Transfer to inactive status list instead of separation.
``1210. Members on temporary disability retired list: periodic physical 
              examination; final determination of status.
``1211. Members on temporary disability retired list: return to active 
              duty; promotion.
``1212. Disability severance pay.
``1213. Effect of separation on benefits and claims.
``1214. Right to full and fair hearing.
``1215. Members other than Regulars: applicability of laws.
``1216. Secretaries: powers, functions, and duties.
``1217. Academy cadets and midshipmen: applicability of chapter.
``1218. Discharge or release from active duty: claims for compensation, 
              pension, or hospitalization.
``1219. Statement of origin of disease or injury: limitations.
``1221. Effective date of retirement or placement of name on temporary 
              disability retired list.''.

       (c) Eligibility for Disability Retirement for Pre-Existing 
     Condition After Eight Years of Service.--Section 1207a(a) of 
     title 10, United States Code, is amended by striking ``or 
     1203'' and inserting ``1203, 1206b, 1206c, 1206d, or 1206e''.
       (d) Computation of Retired Pay.--The table in section 
     1401(a) of title 10, United States Code, is amended by 
     inserting after the matter relating to Formula 2 the 
     following matter:


 
 
------------------------------------------------------------------------
``3                1206b  Retired pay base as     2\1/2\% of years of
                   1206c   computed under          service credited to
                   1206d   section 1406(b) or      the person under
                   1206e   1407                    section 1208.1''.
------------------------------------------------------------------------

       (e) Conforming Amendments Relating to Retired Pay.--
       (1) Recomputation of retired pay to reflect later active 
     duty.--Sections 1402(b) and 1402a(b) of title 10, United 
     States Code, are each amended by inserting ``(as in effect 
     before the effective date of the reform of the disability 
     retirement system for members of the armed forces (as 
     determined in accordance with section 1206a(c) of this title) 
     or subchapter I of chapter 61 of this title (as in effect 
     after such effective date), as applicable'' after ``chapter 
     61 of this title''.
       (2) Retired pay base for members retired before september 
     8, 1980.--The items in the column in the table in section 
     1406(b)(1) of such title designated ``For a member entitled 
     to retired pay under section:'' are amended to read as 
     follows:

       ``1201
       1202
       1204
       1205
       1206b
       1206c
       1206d
       1206e''.
       (3) Retired pay base for members retired after september 7, 
     1980.--Section 1407 of such title is amended--
       (A) in subsection (c)--
       (i) in paragraph (1), by striking ``other than section 1204 
     or 1205 or section 12731 of this title'' and inserting 
     ``(other than section 1204, 1205, or 12731 of this title, or 
     section 1206b, 1206c, 1206d, or 1206e of this title for 
     nonregular service)'';
       (ii) in paragraph (2), by inserting ``, or under section 
     1206b, 1206c, 1206d, or 1206e of this title for regular 
     service,'' after ``section 1201 or 1202 of this title''; and
       (iii) in paragraph (3)--

       (I) by striking ``section 1201 or 1202'' and inserting 
     ``section 1201, 1202, 1206b, 1206c, 1206d, or 1206e''; and
       (II) by inserting ``or under section 1206b, 1206c, 1206d, 
     or 1206e of this title for nonregular service'' before the 
     period; and

       (B) in subsection (d)--
       (i) in paragraph (2), by inserting ``, or under section 
     1206b, 1206c, 1206d, or 1206e of this title for nonregular 
     service,'' after ``section 1204 or 1205 of this title''; and
       (ii) in paragraph (3), inserting ``, or under section 1206, 
     1206c, 1206d, or 1206e of this title for nonregular 
     service,'' after ``section 1204 or 1205 of this title''.
       (4) Grade on retirement for physical disability.--Section 
     1372 of such title is amended--
       (A) by striking ``section 1201 or 1204'' and inserting 
     ``section 1201, 1204, 1206b, 1206c, or 1206d''; and
       (B) by striking ``section 1202 or 1205'' and inserting 
     ``section 1202, 1205, or 1206e''.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is one 
     year after the date of the enactment of this Act.

     SEC. 1702. ELIGIBILITY FOR MEDICAL AND DENTAL CARE OF MEMBERS 
                   OF THE ARMED FORCES RETIRED AFTER 
                   IMPLEMENTATION OF REFORM OF DISABILITY 
                   RETIREMENT SYSTEM.

       (a) Eligibility.--Section 1074(b) of title 10, United 
     States Code, is amended--
       (1) in paragraph (1) by striking ``Under joint 
     regulations'' and inserting ``Subject to paragraphs (2) 
     through (5), under joint regulations''; and
       (2) by adding at the end the following new paragraphs:
       ``(3) A member or former member of the armed forces 
     entitled to retired pay under subchapter II of chapter 61 of 
     this title shall be given medical and dental care in 
     accordance with paragraph (1), subject to the limitations and 
     conditions specified in that paragraph, for a period of three 
     years commencing on the date the member is retired under 
     section 1206d of this title or elects under section 1206b of 
     this title to be retired under that subchapter, as 
     applicable.
       ``(4)(A) A member or former member of the armed forces 
     described in subparagraph (B) shall be given medical and 
     dental care in accordance with paragraph (1), subject to the 
     limitations and conditions specified in that paragraph.
       ``(B) A member or former member of the armed forces 
     described in this subparagraph is any member or former member 
     of the armed forces entitled to retired pay under subchapter 
     II of chapter 61 of this title who--
       ``(i) has at least eight years of service computed under 
     section 1208 of this title;
       ``(ii) during the three-year period commencing on the date 
     the member is retired under section 1206d of this title, is 
     determined by the Secretary of Veterans Affairs to have a 
     service-connected disability or disabilities rated at 100 
     percent under the standard schedule of rating disabilities in 
     use by the Department of Veterans Affairs; or
       ``(iii) during service in the armed forces--
       ``(I) suffered a qualifying loss insured under section 
     1980A of title 38;
       ``(II) otherwise suffered the permanent loss of use of a 
     hand or foot; or
       ``(III) received a total replacement of a joint.
       ``(5)(A) Medical and dental care may also be given in 
     accordance with paragraph (1) to such other members or former 
     members of the armed forces entitled to retired pay under 
     subchapter II of chapter 61 of this title as the Secretary of 
     Defense shall specify in regulations prescribed under this 
     paragraph.
       ``(B) The provision of medical and dental care under this 
     paragraph shall be subject to the limitations and conditions 
     specified in paragraph (1), except that such charges and fees 
     may be collected in connection with the provision of such 
     care as the Secretary of Defense shall prescribe. In 
     prescribing such charges and fees, the Secretary may specify 
     a range of charges and fees that take into account length of 
     service in the armed forces, nature and degree of severity of 
     service-connected disability, and other factors in such 
     manner as the Secretary considers appropriate for purposes of 
     this paragraph.''.
       (b) Report on Eligibility of Additional Retired Members.--
     Not later than 270 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report setting forth the following:
       (1) The recommendations of the Secretary as to which 
     members and former members of the Armed Forces retired under 
     subchapter II of chapter 61 of title 10, United States Code 
     (as added by section 1701(a) of this Act), and not eligible 
     for medical and dental care under section 1074(b) of title 
     10, United States Code (as amended by subsection (a)), on a 
     life-time basis should be eligible for such care on a life-
     time basis.
       (2) An assessment by the Secretary of the feasability and 
     advisability of providing eligibility for medical and dental 
     care under section 1704(b) of title 10 United States Code, on 
     a life-time basis to all members and former members of the 
     Armed Forces retired under subchapter II of chapter 61 of 
     title 10, United States Code (as so added).

                          ____________________