E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, WEDNESDAY, JANUARY 16, 2008 No. 6 Senate The Senate was not in session today. Its next meeting will be held on Friday, January 18, 2008, at 10 a.m. House of Representatives WEDNESDAY, JANUARY 16, 2008

The House met at 10 a.m. I pledge allegiance to the Flag of the IN RECOGNITION OF AMBER The Chaplain, the Reverend Daniel P. United States of America, and to the Repub- MCDANIEL Coughlin, offered the following prayer: lic for which it stands, one nation under God, Lord, if and when Members of Con- indivisible, with liberty and justice for all. (Mr. WILSON of South Carolina gress are ever broken-hearted or frus- asked and was given permission to ad- trated in their efforts to do Your will f dress the House for 1 minute and to re- or accomplish good purpose for Your vise and extend his remarks.) people, let them recall the words of A NEW VISION FOR INVESTING IN Mr. WILSON of South Carolina. Isaiah: ‘‘Thus says God, the Lord, who AMERICA Madam Speaker, I rise today to wish a created the heavens and stretched fond farewell to a member of the Sec- them around the Earth and spread (Mr. BLUMENAUER asked and was given permission to address the House ond Congressional District staff, across the Earth crops and resources. Amber McDaniel. A member of our It is I, the Lord, who have called you for 1 minute.) team from the very beginning, Amber for the victory of justice. I have Mr. BLUMENAUER. Madam Speaker, served as deputy campaign manager grasped you by the hand. I have formed there’s a certain irony: As the country during my 2001 run for Congress, as a you and set you as a covenant of the is slipping towards recession, the Bush people and a light for the nations.’’ field representative and as our office administration is backing away from manager. She will be joining Emerging Open, Lord, their eyes that they may its own study on infrastructure fi- have a vision filled with hope and Markets Private Equity Association as nance. The answer is simple. It’s not a promise. Bring them out of their prison their executive assistant. gimmick. Think of the subprime mess of emptiness and from the dizziness of that got us into this situation in the Amber’s hard work and dedication their darkness. Glorify Your name in first place. The solution is more money have earned her a reputation as some- them and through them again and one that is willing to always go that again, both now and forever. Amen. to invest. There are examples of where money may be available. For example, extra mile to get the job done. I have f the carbon-constrained economy that had the privilege of getting to know THE JOURNAL we are moving into will create a great Amber as someone of immense per- The SPEAKER. The Chair has exam- deal of value, some of which could be sonal and professional integrity, as ined the Journal of the last day’s pro- captured to help pay for infrastructure. well as a dear friend. Her service will be missed. ceedings and announces to the House It is critical, however, that we have a her approval thereof. new vision of cleaning up the environ- As a 4-year letterman graduate of the Pursuant to clause 1, rule I, the Jour- ment, rebuilding America, and making University of South Carolina, Amber is nal stands approved. it more energy efficient, because peo- the daughter of Pete and Andi Riddell f ple are not, nor should they put a lot of of Westerville, Ohio, and sister of An- PLEDGE OF ALLEGIANCE money into yesterday’s plan. A new vi- drew Riddell and Richard Fleeman. We are all tremendously proud of Amber The SPEAKER. Will the gentle- sion for investing in America in this and wish her the best in the years to woman from Ohio (Mrs. JONES) come century is a key, not just to fighting come. forward and lead the House in the this temporary recession but making Pledge of Allegiance. our communities more livable and In conclusion, God bless our troops, Mrs. JONES of Ohio led the Pledge of making our families safer, healthier, and we will never forget September the Allegiance as follows: and more economically secure. 11th.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.000 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H28 CONGRESSIONAL RECORD — HOUSE January 16, 2008 DEMOCRATS RECOGNIZE THAT cisions, because that is what the Amer- TAX BREAKS FOR THOSE ECONOMY IS IN TROUBLE, VOW ican people put us here to do. SUFFERING THE MOST TO WORK WITH BUSH TO STIMU- (Mr. COHEN asked and was given per- LATE ECONOMY f mission to address the House for 1 (Mr. SIRES asked and was given per- minute.) mission to address the House for 1 ADMINISTRATION’S BUILDUP TO Mr. COHEN. Madam Speaker, the minute.) WAR IN IRAN Dow Jones Industrial Average has Mr. SIRES. Madam Speaker, across dropped over 10 percent, and all eco- (Mr. KUCINICH asked and was given nomic indicators indicate that we are the country more and more Americans permission to address the House for 1 are struggling to make ends meet. Un- in serious financial trouble. This Con- minute and to revise and extend his re- gress needs to respond on behalf of the employment has risen to 5 percent. marks.) Home values are dropping and millions American people. Unfortunately, in the Mr. KUCINICH. Madam Speaker, over past this Congress has responded by of Americans are getting hit with the past few years this administration mortgage rate adjustments. At the giving tax breaks to the wealthiest, has been beating the drums of war and it has created the largest gap in in- same time, the costs of health care, against Iran. There are parallels groceries, gasoline, home heating oil, come between the upper 1 percent and against their efforts to try to create a the other 99 percent, probably in the and college educations continue to rise. war against Iran and the falsehoods It is welcome news that Federal Re- history of this country. that set us on the path to war against We need to work in a bipartisan fash- serve Chairman Bernanke is signaling Iraq. We know that the United States that the Fed will cut interest rates to ion. We need to work together. The intelligence community was able to previous speaker was correct: We need address the slowing economy. But this demonstrate that the administration’s to give money back to taxpayers. But is not enough. claims that Iran had a nuclear weapons they need to be the working taxpayers, Democrats want to work with the program were in fact not true. who are suffering the most, the people President and the Republican Congress The January 6 incident at the Strait who are now unemployed, not able to in the coming weeks to jump-start the of Hormuth is still another cause for pay taxes because they have lost their economy and provide sound relief to this Congress to look deeply at the ad- jobs, or people who need help with food American families. I would hope that ministration’s Iranian war buildup, be- stamps, and people who will imme- we can all agree that the economy cause it appears from news reports that diately put that money into the econ- needs a jolt. Democrats believe a fiscal the Department of Defense grossly in- omy, not the wealthiest who have sav- stimulus plan should adhere to three flated an encounter that took place in ings in the hundreds and thousands and simple principles to be effective: It the strait, an encounter that was not millions of dollars and can live on must be timely, targeted, and tem- like any that had taken place before, through this and survive it and won’t porary. and then not only inflated it, but fab- put that money back into the econ- Madam Speaker, we want to work in ricated information that would cause omy. a bipartisan fashion immediately to de- the American people to believe that The tax breaks of the past were mis- velop a legislative plan based on these Iran was demonstrating military ag- takes. The spending needs to be for three principles so that the stimulus gressiveness. people who are suffering. They are the plan can be passed and implemented We really have to get off the path of people who know the hard economic into law without delay. war towards Iran and start working on times we have. I read my e-mails on a f building diplomatic relations. daily basis and there are many people out there suffering who need economic SOUND POLICY FOR AMERICA’S f help now. We need to act in a bipar- ENERGY NEEDS, NOT HOLLOW tisan fashion, but remember those who PROMISES suffer the most. TAX INCREASES HARM THE (Mr. BOUSTANY asked and was f given permission to address the House ECONOMY for 1 minute and to revise and extend (Mr. AKIN asked and was given per- b 1015 his remarks.) mission to address the House for 1 EMPLOYERS WHO HIRE ILLEGALS Mr. BOUSTANY. Madam Speaker, minute and to revise and extend his re- (Mr. POE asked and was given per- across the country, American families marks.) mission to address the House for 1 are dealing with high energy prices. Mr. AKIN. Madam Speaker, as we minute.) Families, especially those at risk due start a new year, one of the things that Mr. POE. Madam Speaker, during a to home foreclosure, illness, and job in- we are seeing in the economy is signs routine traffic stop, an illegal immi- security face high anxiety about just of stress. The unemployment is rising grant named Juan Leonardo Quintero- how high these prices will go. Oil and somewhat, we see the trouble with the Perez shot Houston Police Officer Rod- gas prices soared last year, but this housing market, the savings and loan ney Johnson in the back of the head Congress did nothing to address the un- crisis. Over the past year, the Chair- and killed him. This case highlights derlying problem. Some suggest an in- man of the Fed, Ben Bernanke, warned the illegal immigrant epidemic in this crease in the gasoline tax, a 40-cent per that the Democrat tax increases in- country. gallon increase. Now that is a lot of creasingly threaten our economy. Last It seems, however, that Juan money in southwest Louisiana. year, the Democrats passed a $528 bil- Quintero-Perez had already been de- Washington must rein in waste and lion tax increase here in the House and ported before from the United States. promote energy solutions to meet our proposed the mother of all tax in- In 1998, Quintero was arrested and con- energy needs. This Congress should creases, a $3.5 trillion tax increase, the victed of indecency with a child in promote sensible policies that unleash largest in the history of our country. Texas and then was deported back to American ingenuity to come up with That is exactly the wrong medicine Mexico. But Perez was able to return the next generation of alternative in an economy that is struggling. In- to the United States a few months fuels. Washington also needs to work stead, what we should be doing is we later because his employer, Robert to fix our aging roadways and bridges. should be returning a portion of that Camp, sent money to Mexico to hire a But we have a responsibility to cut money that people earn so that it can smuggler that snuck Perez back to wasteful spending instead of hiking be invested and strengthen the econ- Houston. taxes. omy and put us back on the road to re- Camp knew that Quintero-Perez was Let’s do something positive for the covery, just as we did in 2001 and 2002. an illegal immigrant and a criminal, people. We can promote energy solu- It’s time for us to understand that tax but Camp hired him again anyway. tions and fund necessary repairs for increases are exactly the wrong medi- Camp even rented a home for Quintero- our infrastructure. Increasing taxes is cine when the economy is struggling. I Perez, and then Perez murdered Officer not a solution. Let’s make the hard de- hope the Democrats remember that. Johnson.

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.003 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H29 Those who knowingly hire and house Until we hold journalists to the high- orado Senate’’ would be the first in our illegal immigrants, all in the name of est standards of their profession, unfair State’s history to shatter this once making a little money, should go to reporting will continue to influence seemingly impenetrable glass ceiling. jail. Rodney Johnson’s blood is on the elections and undermine our democ- In closing, the Honorable Shirley hands of the employer who brought the racy. Chisholm once said, ‘‘I don’t measure illegal outlaw back to the United f America by its achievement, but by its States. potential.’’ I can think of no better And that’s just the way it is. BETTER LEADERSHIP NEEDED person to help Colorado achieve its po- DURING TRYING ECONOMIC TIMES f tential than Peter Groff. He will serve (Mr. MORAN of Virginia asked and DEMOCRATS RECOGNIZE THAT Colorado with honor and distinction. was given permission to address the ECONOMY IS IN TROUBLE AND f House for 1 minute.) VOW TO WORK WITH PRESIDENT Mr. MORAN of Virginia. Madam BRINGING ECONOMIC SECURITY TO TO STIMULATE IT Speaker, America is sliding into a full- WORKING FAMILIES (Mr. ALTMIRE asked and was given fledged recession. Meanwhile, the (Ms. SOLIS asked and was given per- permission to address the House for 1 President continues to pour hundreds mission to address the House for 1 minute.) of billions of dollars more into the wars minute.) Mr. ALTMIRE. Madam Speaker, as in Iraq and Afghanistan, the first wars Ms. SOLIS. Madam Speaker, today, I Congress resumes this week, our pri- in America’s history in which most rise to express my strong concern ority must be to work in a bipartisan Americans have never been asked to about the fiscal crisis that we are fac- fashion to address our struggling econ- sacrifice anything. ing here in our country. omy. The President has offered no means The subprime mortgage crisis has di- There is no way to sugarcoat this to pay for this war spending. It is being rectly impacted millions of American economy. Over the past 12 months, financed solely through increased bor- homeowners, particularly in my own wages have fallen, forcing hardworking rowing. Apparently, the idea is to bor- district in the San Gabriel Valley. As middle-class families to work harder row money, particularly from China, the chart shows, nearly 650 families in for less. As a result, family debt is at while driving up oil prices that benefit my district somewhere lost their an all-time high and household debt Iran in order to fight the war on ter- homes to foreclosure. In Los Angeles averages an average 133 percent of dis- rorism. I am not sure that is such a alone, a family loses their home every posable income. Last year, families wise strategy. hour. were spending 14.5 percent of their dis- We send an astounding $60 million a Nationally, unemployment rates posable income to service their own day to China. We now owe China $1.4 have risen above 5 percent. Half of my debt, and middle-class families are hav- trillion. America has never been so district has a rate above 5 percent. In ing a harder and harder time just mak- deeply in debt to another country in East Los Angeles, it is upwards of 7.2 ing ends meet. Democrats want to work with Presi- our Nation’s history. It is the equiva- percent. Other economic indicators are dent Bush to create a bipartisan eco- lent of every American borrowing showing signs of an economic slow- nomic plan that is timely, targeted, $4,000 from China. down, including a sharp decline in con- and temporary. Economic experts say Today, the Bush administration will sumer spending and the largest annual this is the best way to stimulate the announce that our trade deficit with increase in wholesale prices in 26 years. economy. Last Friday, congressional China is $250 billion, a quarter of a tril- While I am proud that this House has leaders sent a letter to President Bush lion dollars, just this year. We have passed billions to provide relief for asking him to come to the table so gotten ourselves into a financial vise, middle-income Americans and small that a bipartisan plan can be reached. too dependent upon a totalitarian businesses and increased the minimum Madam Speaker, the American peo- state. It can’t continue and should not. wage, we still have to do more. I look ple need our help during this uncertain We need better leadership, Madam forward to working with my colleagues economic time. We cannot wait any Speaker. across the aisle to bring economic se- longer to help this economy, and the f curity back to the working families, not only in my district, but across this only way it can be done is if we work COMMENDING PETER GROFF ON country. together. BECOMING FIRST AFRICAN f AMERICAN STATE SENATE f MEDIA COVERAGE OF DEMO- PRESIDENT IN COLORADO HIS- RESPONSE NEEDED REGARDING CRATIC PRESIDENTIAL CAN- TORY SEXUAL HARASSMENT IN MILI- DIDATES MORE FAVORABLE (Mr. PERLMUTTER asked and was TARY THAN COVERAGE OF REPUB- given permission to address the House (Ms. JACKSON-LEE of Texas asked LICAN PRESIDENTIAL CAN- for 1 minute.) and was given permission to address DIDATES Mr. PERLMUTTER. Madam Speaker, the House for 1 minute and revise and (Mr. SMITH of Texas asked and was today I rise to commend my friend extend her remarks.) given permission to address the House Peter Groff on his historic achievement Ms. JACKSON-LEE of Texas. Madam for 1 minute.) of becoming the first African American Speaker, I rise to associate myself with Mr. SMITH of Texas. Madam Speak- State Senate President in Colorado’s the remarks that my colleagues have er, a study by Harvard University and history. Senator Groff becomes only made on the existence of an economic the Project for Excellence in Jour- the third African American Senate crisis and to ask this administration to nalism has reaffirmed what many of us President in U.S. history. This momen- wake up. I hope that we will do some- have long observed: Media coverage of tous accomplishment is well-deserved. thing to deal with the catastrophic Democratic Presidential candidates Senator Groff is one of the most hon- subprime mortgage collapse, and that has been far more abundant and favor- orable, bright, and deliberate individ- is to call for a moratorium on all fore- able than coverage of Republican Pres- uals I have ever had the pleasure to closures across America, those individ- idential candidates. serve with. He embodies statesmanship uals who are behind in their payments The study found that 49 percent of all and has earned the trust and esteem of and those who are in fact keeping up stories involved Democratic can- his colleagues on both sides of the with their payments. Some response didates, while just 31 percent involved aisle. has to come. Republican candidates. In addition, Senator Groff’s courageous and vi- But I do want to step aside from the Democratic Presidential candidates re- sionary approach to governing can be economic engine and the need for that ceived twice as much favorable cov- summed up in his own words: ‘‘To be to cite a situation that I think is dras- erage as Republicans, and Hillary Clin- bigger than the politics of the mo- tic and, of course, a disaster, and that ton drew nearly twice as much media ment.’’ I find it fitting that the man is the tragedy of the young marine, the coverage as any Republican nominee. nicknamed ‘‘the conscience of the Col- young woman, who has now lost her

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.005 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H30 CONGRESSIONAL RECORD — HOUSE January 16, 2008 life in North Carolina, and to ask the CONDEMNING ASSASSINATION OF (1) condemns in the strongest terms the as- United States military what happens FORMER PAKISTANI PRIME MIN- sassination of former Pakistani Prime Min- when a woman alleges sexual harass- ISTER BENAZIR BHUTTO AND ister Benazir Bhutto and expresses its condo- ment, or, in this instance, rape. I think REAFFIRMING COMMITMENT OF lences to her family and the families of all those who were killed or injured in the at- it is imperative that we have a system UNITED STATES TO ASSIST PEO- tack of December 27, 2007; and a response that was not given to PLE OF PAKISTAN (2) supports efforts by Pakistan to expedi- this young woman. Mr. ACKERMAN. Madam Speaker, I tiously bring to justice those who have per- Some years ago, the Women’s Cau- move to suspend the rules and agree to petrated this cruel and cowardly attack; the resolution (H. Res. 912) condemning (3) welcomes the provision of assistance by cus, Republicans and Democrats, raised the Government of the United Kingdom of the question of sexual harassment that the assassination of former Pakistani expertise to the Government of Pakistan in was permeating our United States mili- Prime Minister Benazir Bhutto and re- the conduct of the investigation of the at- tary. They are too good for this and affirming the commitment of the tack; this must stop. I am saddened by her United States to assist the people of (4) commends the Government of Pakistan loss. I believe it could have been avoid- Pakistan in combating terrorist activ- for accepting such assistance and urges that ed. We need a response, and we need it ity and promoting a free and demo- government to allow experts from the United now. cratic Pakistan. Kingdom to participate in such investigation The Clerk read the title of the resolu- in the fullest possible manner; (5) urges the people and Government of f tion. Pakistan to be relentless in its pursuit of a The text of the resolution is as fol- democratically-elected government, includ- lows: PRESIDENT MUST WORK WITH ing the holding of free and fair elections at CONGRESS TO HELP WORKING H. RES. 912 the earliest possible opportunity; (6) expresses its support for the freedom of AMERICANS Whereas on December 27, 2007, former Pak- istani Prime Minister Benazir Bhutto was the media, the ability of political parties to (Ms. SHEA-PORTER asked and was assassinated while departing a peaceful elec- express their views without restriction, and tion rally; the independence of the judiciary in Paki- given permission to address the House stan; and for 1 minute.) Whereas the attack on Ms. Bhutto also killed some 20 other innocent bystanders and (7) reaffirms the commitment of the Ms. SHEA-PORTER. Madam Speak- fellow Muslims; United States to assist the people of Paki- er, for months now, economic experts Whereas Ms. Bhutto had returned to Paki- stan in combating terrorist activity and pro- have been warning that our economy stan in October 2007 after 8 years of self-im- moting a free and democratic Pakistan. was in trouble. After some disturbing posed exile for the stated purpose of bringing The SPEAKER pro tempore. Pursu- signs about job losses in this country, democracy and the voice of moderation back ant to the rule, the gentleman from to Pakistan; New York (Mr. ACKERMAN) and the gen- the President finally came out and Whereas Pakistan has struggled histori- tlewoman from Florida (Ms. ROS- made some comments saying that cally in its path toward a secure and stable there were ‘‘mixed signals’’ about the democracy, having been ruled by unelected LEHTINEN) each will control 20 minutes. state of the economy. leaders for 34 out of 60 years of Pakistan’s The Chair recognizes the gentleman from New York. These are not mixed signals about history; Whereas Pakistan has been plagued by GENERAL LEAVE the state of the economy, and Ameri- over 40 suicide attacks, claiming over 700 Mr. ACKERMAN. Madam Speaker, I cans understand. Americans know they lives in 2007; ask unanimous consent that all Mem- are having more trouble paying for Whereas the Federally Administered Trib- bers may have 5 legislative days within their mortgages, having trouble paying al Areas in Pakistan are being used by al which to revise and extend their re- for their heating bills, having trouble Qaeda, the Taliban, and other terrorist and marks and include extraneous material paying for their gas, having trouble extremist elements to regroup, retrain, and on H. Res. 912. paying for all the costs of living in recruit for future attacks in Afghanistan and The SPEAKER pro tempore. Is there America right now. Pakistan; Whereas Pakistan is a nuclear-armed na- objection to the request of the gen- The President should not continue to tion, adding another level of complexity to tleman from New York? call these signs ‘‘mixed signals,’’ Pakistan’s deteriorating security situation There was no objection. should acknowledge that we have some and raising the specter of nuclear arms fall- Mr. ACKERMAN. Madam Speaker, I ing into the hands of extremists in the fu- problems, and work in a bipartisan yield myself such time as I may con- manner to straighten this out. ture; Whereas the international community has sume. He might also wonder what impact a vital interest in supporting a free, stable, Madam Speaker, on December 27, the war in Iraq is having as we pour and secure Pakistan so as to stem the rise of former Prime Minister of Pakistan billions of dollars into Iraq and take extremism in the region, prevent global acts Benazir Bhutto was assassinated in Ra- the money from our own people and of terrorism originating in Pakistan, and walpindi as she left a peaceful political support the movement toward stable polit- rally. In addition, 20 of her supporters then borrow the money to continue the ical institutions and democratic values and fight in Iraq. He might ask himself if were killed in a suicide bomb blast and the rule of law; Pakistan was wracked by violence and this, too, is hurting our economy. Whereas in the past 5 years, the United States has provided over $5,000,000,000 in as- instability in the immediate after- I ask the President to work with us math. to find answers for America’s working sistance to Pakistan and an additional $5,000,000,000 to reimburse Pakistan for its Former Prime Minister Bhutto had people. expenses incurred in combating terrorism; returned to Pakistan in October after Whereas a significant portion of United several years in exile in an attempt to f States assistance and reimbursements have bring Pakistan back to the democratic gone to support Pakistani military oper- fold and inject the voice of moderation ANNOUNCEMENT BY THE SPEAKER ations in the Pakistan-Afghanistan border into the Pakistani parliamentary elec- region, counterterrorism operations in the PRO TEMPORE Federally Administered Tribal Areas in tions. Her killers cut short that effort in an attack that was one of 40 suicide The SPEAKER pro tempore (Mrs. Pakistan and to increase Pakistan’s counterterrorism and military capability; bombings that killed 700 people in JONES of Ohio). Pursuant to clause 8 of Whereas there is an acute need for addi- Pakistan during 2007. rule XX, the Chair will postpone fur- tional assistance from the United States and Ms. Bhutto’s life was marked by ther proceedings today on motions to other countries to support and promote tragedy that played out on Pakistan’s suspend the rules on which a recorded Pakistan’s economic, social, and political de- public stage. Her father was hung after vote or the yeas and nays are ordered velopment; and a questionable trial. Her brother was Whereas the tragic death of Ms. Bhutto or on which the vote is objected to murdered. As Prime Minister, she was under clause 6 of rule XX. creates even greater uncertainty in an un- stable region: Now, therefore, be it twice removed from office by the army Recorded votes on postponed ques- Resolved, That the House of Representa- amid allegations of corruption and tions will be taken later today. tives— wound up in self-imposed exile. Yet she

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.010 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H31 remained very popular with the people stan. As Secretary Rice stated, she was they had heard the news all the way of Pakistan, especially those in her a woman of great courage with an im- over in Pakistan over 40 years ago home province of Sindh, and as the pressive commitment to democracy where they were when they heard the awful events of December 27 dem- and to the future of Pakistan itself. news; and I can tell you, when I went onstrate, she was perceived as a threat Madam Speaker, as President Bush and visited the headquarters of her by someone. has emphasized, the perpetrators of party after her assassination and vis- The United States and the rest of the this terrible crime must be brought to ited the supporters of hers, their heart- international community have a vital justice. In this regard, the Congress broken feelings were such that she was interest in supporting a free, stable, joins with the administration in wel- considered by them to be part of their and secure Pakistan so as to stem the coming the government of Pakistan’s family. And it was something that I rise of extremism in South Asia, pre- decision to accept British assistance to will never forget, because she was vent global acts of terrorism from orig- the investigation into Ms. Bhutto’s much more than just a political leader inating in Pakistan, and support the death. We all hope that their actions to in their view; she was someone who movement toward stable political in- ensure a credible and transparent in- was somewhat of an icon, a person who stitutions, democratic values, and the vestigation of the circumstances sur- inspired a nation much more than just rule of law. rounding Ms. Bhutto’s death will help as any ordinary political leader would. The fact that al Qaeda, the Taliban to restore calm, contribute to the con- As such, this assassination represents and other extremist elements are using ditions needed for a free and fair elec- much more than just the killing of a the federally administered tribal areas tion to take place, and bring the per- political leader; it represents the dash- to regroup, retain and recruit for fu- petrators of her death to justice. ing of hopes and aspirations of millions ture attacks in Pakistan and Afghani- The assassination of the former of Pakistanis. stan is a dangerous component of in- Prime Minister and the apparent at- So, I join my colleagues in this reso- stability that, when added to Paki- tempt to destabilize Pakistan remind lution to say that we in the United stan’s possession of nuclear weapons, us again how consequential this rela- States stand with our friends in Paki- conjures up the frightening possibility tionship is to American national inter- stan in joining in solidarity with them, of terrorists with access to weapons of ests and our own homeland security. It and ensuring that her death is not a mass destruction. is vital that we continue to seek to death that is going to be in vain, but, All of this means that the United forge an enduring relationship and rather, that we are going to ensure States and the rest of the international partnership with a democratic, stable, that this election is going to be an community need to do all that we can and prosperous Pakistan that remains election that she would have hoped to promote and support Pakistan’s eco- a strong partner in the campaign would have been one that is trans- nomic, social and political develop- against Islamic militants and which parent, fair, and would have lived up to ment to prevent Pakistan from becom- maintains responsible control over its the hopes that she had for a free and ing a failed state. nuclear weapons technology. fair Pakistan. That is what we will all Madam Speaker, I ask unanimous b 1030 work for here in the United States and consent that the gentleman from Indi- that I hope this resolution will help to The resolution before us today con- ana (Mr. PENCE) be permitted to man- bring about. demns Ms. Bhutto’s assassination, ex- age the remainder of my time. Mr. PENCE. Madam Speaker, I yield presses condolences to her family and The SPEAKER pro tempore. Is there myself such time as I may consume. the families of the other victims of the objection to the request of the gentle- I rise in strong support as an original attacks, and reaffirms the commit- woman from Florida? cosponsor of House Resolution 912, con- ment of the United States to the people There was no objection. demning the assassination of former of Pakistan as they combat terrorism Ms. ROS-LEHTINEN. With that, I Pakistani Prime Minister Benazir and work to establish a free and demo- urge support for the resolution and re- Bhutto, and reaffirming the commit- cratic country. I urge all of our col- serve the balance of my time. ment of the United States to assist the leagues, Madam Speaker, to support Mr. ACKERMAN. Madam Speaker, I people of Pakistan in combating ter- the resolution. yield 3 minutes to the distinguished rorist activity and promoting a free I reserve the balance of my time. gentleman from Rhode Island (Mr. and democratic Pakistan. Ms. ROS-LEHTINEN. I yield myself KENNEDY). Let me begin by commending the such time as I may consume. Mr. KENNEDY. I thank the gen- chairman of the subcommittee, on Madam Speaker, this resolution con- tleman for yielding. which I serve as ranking member, for demns the assassination of former Pak- Madam Speaker, I rise in support of taking his usual efforts with speed and istani Prime Minister Benazir Bhutto this resolution, remembering a true sensitivity and professionalism to and reaffirms the commitment of the pioneer in the Muslim world. As the bring this resolution to the floor forth- United States to assist the people of first woman to lead an Islamic nation, with. I also want to commend Chair- Pakistan in combating terrorist activ- Prime Minister Bhutto represented a man LANTOS. And I would take note of ity and promoting a free and demo- great hope for Pakistan and world the presence of the Speaker of the cratic Pakistan. peace. House on the floor. This is an impor- I would like to commend the author I had a chance to meet with Benazir tant resolution for this Congress to Mr. ACKERMAN and the distinguished Bhutto when she came to the United embrace, and it is important in the chairman of our committee Mr. LANTOS States to visit the John F. Kennedy Li- wake of this tragedy that it be the first for their leadership in introducing this brary back in the 1990s; and I was hope- thing this Congress do in this year. timely resolution. ful that I would have the chance to All of us, as we were enjoying time Madam Speaker, on behalf of the peo- meet her again on the evening of her with our families in the immediate ple of the United States and the Con- assassination when I was visiting aftermath for many of us of a memo- gress, this resolution expresses our Islamabad. Tragically, I heard the news rable Christmas, we were struck by the sympathy for the people of Pakistan on as I was on my way to go visit her that extraordinary and tragic events of 27 the tragic assassination of former evening while I was visiting Islamabad, December 2007. As my colleague, Mr. Prime Minister Bhutto last December and it was an evening obviously that I KENNEDY, just said, some of us were 27. It should be noted that, in the im- will never forget. It was one of those closer to those events at the time than mediate aftermath of the attack, both moments that many people tell me others, but they were events that shat- the President and Secretary of State about when they recall my uncle’s as- tered the hopes of the entire world for Rice immediately extended condo- sassination. They say to me, ‘‘I’ll never a move in the midst of our critical ally, lences to the Bhutto family and the forget where I was when I heard the Pakistan, from a military dictatorship family of others who were killed and news.’’ to democracy. wounded on that horrible day. And, as Madam Speaker, I often heard from And while there is always second- so many observers have noted, Ms. people when I was over there when guessing about decisions that were Bhutto’s death is a great loss to Paki- they tell me about my uncle and how made and policies that were made, let

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.012 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H32 CONGRESSIONAL RECORD — HOUSE January 16, 2008 me say squarely, as does this resolu- recognize the tremendous contribution ment with global efforts against ter- tion, the blame for this outrage, the of Benazir Bhutto to the cause of de- rorism. blame for this tragedy lies squarely mocracy. Since 2001, Pakistan has received with the assassins. They alone are re- Thank you, Mr. ACKERMAN and Con- nearly $10 billion in U.S. assistance. sponsible for the horrific death of gresswoman ROS-LEHTINEN, ranking The Bush administration has repeat- Benazir Bhutto. In fact, an al Qaeda member of the full committee; Mr. edly certified that our assistance would commander and spokesman, Mustafa LANTOS and Mr. PENCE for their giving facilitate Pakistan’s transition to de- Abu al-Yazid, gloated to the Italian this opportunity to us as well and for mocracy. We clearly have not seen news agency that they had ‘‘termi- their strong words and support of de- enough progress in this area. nated the most precious American mocracy in Pakistan. Troubling questions have been raised asset which vowed to defeat the Benazir Bhutto about 15 years ago about our assistance to Pakistan, that mujahadeen.’’ came to this Chamber of Congress, one it has not been properly monitored and And, of course what makes this trag- of the first women ever to address a that the Pakistani Government may be edy so moving and this congressional joint session of Congress. Only in her using it for purposes other than those action so timely is that the former thirties, I believe, at the time, she in- intended. Prime Minister Benazir Bhutto knew spired us, she filled us with hope, and Last year, under the leadership of the stakes. She knew precisely the dan- the confidence which she projected Chairwoman NITA LOWEY and Ranking gers into which she was entering. In a gave us the confidence that democracy Member FRANK WOLF of the Foreign late November interview even with Pa- could come to Pakistan. That was a Operations Appropriations Sub- rade magazine here in the States, she while ago, and much has transpired committee, under their leadership, our said, ‘‘It is only now that America has since then. She has been in and out and legislation shifted economic assistance awakened to what we are already fight- in again as Prime Minister. And, as for Pakistan from going directly to the ing, namely, Islamic jihadists.’’ you know, when she returned to Paki- Musharraf government to going di- As the ranking member of the full stan, it was to participate in an elec- rectly to the Pakistani people on the committee said moments ago, elo- tion to take Pakistan back down the ground. Indeed, this was a step forward and a recognition of the concerns that quently, Secretary of State Rice called path to democracy. Benazir Bhutto ‘‘a woman of great Her return was courageous. Mr. we had about how that aid was being used in Pakistan. courage.’’ And courage is a word we PENCE mentioned the word courageous. I believe the best way for the United throw around a lot in political life, it It was courageous for many reasons. It States to honor the legacy of Benazir seems, but it was in this moment that is important to note that her father Bhutto is to renew our engagement di- I was struck with the reality of cour- and two of her brothers had been assas- rectly with the people of Pakistan. We age. Courage is not the absence of fear; sinated. They were victims of political urge the Musharraf government to im- courage is action on one’s principles in violence. And, of course, their family plement democratic reforms by restor- the midst of fear. One has to know that was dealt another blow as were the ing the Pakistani constitution, ensur- this 54-year-old Harvard and Oxford people of Pakistan with the brutal as- ing freedom of expression and assem- graduate, giving up a life of luxury in sassination of Benazir Bhutto. bly, guaranteeing free and fair demo- exile, knew the dangers that faced her She possessed a remarkable opti- cratic elections, and restoring an inde- and the mortal peril in which she was mism about the future, a belief in the pendent judiciary. walking on behalf of a free and demo- power of dialogue, and a strong, strong The opportunity that Mr. ACKERMAN cratic Pakistan. One cannot fail but be commitment to democracy. She was an and Ms. ROS-LEHTINEN, Mr. LANTOS and moved by that. If there was any doubt, advocate for reconciliation between Is- Mr. PENCE have given us today to give then the immediate attack upon her on lamic and non-Islamic societies, and an overwhelming vote in support of 18 October 2007, which left some 145 of outlined how that goal could be this resolution can tell the world that her supporters dead, relieved all doubt achieved. She not only had a vision, again we have gone on record in sup- of the danger in which she was enter- she had a plan on how it would be done. port of the democratic hopes of the ing. And yet Benazir Bhutto, the first The strength of her message of hope Pakistani people and to pay tribute to woman elected to lead a Muslim coun- has underscored how much we lost in the legacy of Benazir Bhutto. try, went forward, continued to take her tragic death. I know I speak for all Members when the risk, continued to advocate free- In the days and the weeks that have I express my condolences to the family dom, and paid the ultimate sacrifice. followed Benazir Bhutto’s death, there of Benazir Bhutto, and also to all of I will say that while I want to ac- has been little good news from Paki- the others who lost loved ones in this knowledge her unapologetically sec- stan. The Musharraf government con- tragic incidence of violence and assas- ular approach to leadership in govern- tinues to deny the Pakistani people a sination in Pakistan. ment, I can’t help, when I look at full accounting of the assassination Mr. PENCE. Madam Speaker, I yield Benazir Bhutto, to think that she will and the events that followed. There 3 minutes to the ranking member of long be remembered with a verse that must be a strong international inves- the legislative branch of the Appropria- comes out of a Christian tradition, tigation of this despicable crime. I ac- tions Subcommittee, the gentleman which is, that greater love has no man knowledge and recognize that the gov- from Tennessee (Mr. WAMP). or, if I may, woman, than this than to ernment has accepted assistance from Mr. WAMP. Madam Speaker, I con- lay down their life for their friends. Scotland Yard and the government of sider it a privilege to follow the distin- Benazir Bhutto showed a love for the Great Britain. But the government has guished Speaker of the House in recog- people of Pakistan. She showed a love delayed scheduled parliamentary elec- nizing our support for the people of for freedom. And in this resolution, the tions while continuing to jail demo- Pakistan and our remorse that the United States of America by its Con- cratic activists, suppress journalists, world community of peacemakers has gress will reaffirm to the people of and shut out international monitors. lost the great Benazir Bhutto. I, too, Pakistan our commitment to justice in The Bush administration must con- considered her a personal friend. I this instance, and our commitment to tinue to press the Pakistani govern- spent many hours with her, mostly as- see stability and democracy reign in ment to ensure that the coming elec- sociated with the National Prayer that critical ally. tion is free and fair. Breakfast here. I reserve the balance of my time. During the years she was in exile, she Mr. ACKERMAN. Madam Speaker, I b 1045 came many times to our National am pleased to yield 1 minute to the dis- I think it is important to note, my Prayer Breakfast, which is always the tinguished Speaker of the House, Ms. colleagues and Madam Speaker, that first Thursday in February. She was a PELOSI. the 9/11 Commission recommendations, proud participant in the Islamic tradi- Ms. PELOSI. Madam Speaker, I which were passed by this body and tion. However, she was always inter- thank the gentleman for yielding and were signed into law last year, condi- ested in the teachings of Jesus, and she for giving us this opportunity to ex- tion U.S. assistance to Pakistan on the was very much fascinated by the con- press our sympathy and sadness and cooperation of the Pakistani Govern- cepts of forgiveness and reconciliation,

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.014 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H33 and the principles that the last would I hold in my hand the Washington So this policy must begin to address be first and basically the way that the Post today that has as a headline, what former Prime Minister Benazir teachings of Jesus turned the world up- ‘‘Bhutto’s last day in keeping with her Bhutto wanted us to address: the social side down. And we had coffee with her. driven life.’’ It indicates a quote that I and economic needs, along with the se- We had lunches with her. My wife and think speaks to her life. It says, ‘‘Wake curity needs, of the Pakistani people. I had dinner with her and her con- up, my brothers.’’ That is why she was And it is my call that we not give up troversial husband and got to know campaigning in such a frenzied man- on the Pakistani people or Pakistan. It him when he was here the last time she ner. That is why she was waving to her is a country that was founded on demo- was here and visited with us. constituents and fellow brothers and cratic principles. We must not give up She was truly a courageous human sisters as she left the place of her on the Pakistani people around the being, someone who understood the speech. world and Pakistani Americans. They West, yet maintained her solid heart- So I think it is important for us to want democracy. Those in my commu- felt conviction to her favorite country, make the very important note that we nity want democracy for their nation, Pakistan. She spent a lot of time with should not victimize the victim. Her and my constituents in Houston, us, and she truly was a peacemaker. assassination was not her fault. Every- Texas, are calling me every day so we I believe the greatest way to honor one in a pressing democracy wants the can come together to find a way to put her courageous death would be for us ability to communicate with those who Pakistan on the path to democracy. to work tirelessly to empower the mod- you are trying to encourage to wake Sleep well, my good friend, former erates within Islam to stand with us up. Today we honor that bravery, that Prime Minister Bhutto. We owe you an against radicalization, in any faith, courage. enormous debt of gratitude, and deep- frankly. But today, particularly in the We say to the Pakistani Government, est sympathy to your family. But our Islamic faith, the radicals threaten the for this Nation to move forward, there commitment is that your lust and love world. Yet 92 percent of people within must be an enlisted and entrenched for peace will never be forgotten. We Islam believe that terrorism is not an commitment to democracy. There owe you that in our tribute and our acceptable means to an end. And she must be a full investigation of this as- words and actions and deeds. May all was a leader among that 92 percent. sassination. It must be determined rest in peace, in you, a great and won- The problem is 8 percent of Islam is whether al Qaeda had others beyond its derful leader. 130 million people who think that ter- reach to be involved in what may have Madam Speaker, I rise today in strong sup- port of H. Res. 912, introduced by my distin- rorism is acceptable, and those are the been a conspiracy. And yes, the leader- guished colleague Mr. ACKERMAN. I am proud people that killed her. And they will ship of the Pakistan Government must to be an original cosponsor of this bipartisan kill anyone who threatens their ide- ensure the security of all candidates resolution, which condemns the assassination ology. And they killed her. going forward for these elections. The We need to empower all of the mod- of former Pakistani Prime Minister Benazir elections must be ensured. erates within this very large religion But we must thank former Prime Bhutto and reaffirms the commitment of the to stand with us against the radicals, Minister Benazir Bhutto for her legacy; United States to assist the people of Pakistan and then we can honor her courageous in combating terrorist activity and promoting a that she was not concerned about her death. She will live on though, really free and democratic Pakistan. I express my own safety, that she wanted greatness through eternity, as one who, as MIKE sincere condolences to Ms. Bhutto’s husband, and excellence for her country. PENCE said, was willing to lay down her I joined with President Clinton in a Asif Ali Zardari, and her children, Bilawal, life for a friend. visit some years ago when we met Bakhtwar, and Aseefa. I would like to thank I will quote another Christian idea. It President Musharraf, and there were my colleague Mr. ACKERMAN for introducing is in the Beatitudes. ‘‘Blessed are the great hopes that he would move his this resolution, and I would like to commend peacemakers, for they shall inherit the Mr. LANTOS for his leadership on Pakistan as country towards democracy. There Kingdom of Heaven.’’ Benazir Bhutto chairman of the Committee on Foreign Affairs. were times that occurred. Now he must was a peacemaker. She gave her life for As my colleagues are aware, former Paki- a cause, and the entire world should be show that he is sincere about this de- stani Prime Minister Benazir Bhutto was as- grateful. mocracy and let the elections go for- sassinated on December 27, 2007, as she left Mr. ACKERMAN. Madam Speaker, I ward and let a democratic leader a peaceful political rally, in an attack which yield 5 minutes to the gentlewoman emerge from this election. At the same also killed over 20 innocent bystanders. Ms. from Texas (Ms. JACKSON-LEE). time, he must of course make sure that Bhutto’s death came 2 months after she re- Ms. JACKSON-LEE of Texas. Madam the instruments of democracy, the turned to Pakistan from exile and was imme- Speaker, let me offer my gratitude to court system, the media, and all of diately attacked in a suicide bombing that Chairman ACKERMAN and to his cospon- those different voices be heard, but it killed over 130 people, and just over 2 weeks sor, Mr. PENCE, and our chairman of must be ensured that the government before Pakistan’s democratic elections were the full committee, Mr. LANTOS, for all is in the business of security and mak- scheduled to occur. of his leadership and certainly his rec- ing that happen. It is with deep sadness that I mourn the ognition as a peacemaker as well, and In speaking to Prime Minister passing of former Pakistani Prime Minister to the ranking member, Congress- Bhutto in the days and weeks before Bhutto. Ms. Bhutto was a woman and a leader woman ROS-LEHTINEN. her death, as I did, it was obvious that who pursued excellence and greatness for her I rise today with a great degree of she was concerned about her security, country, putting the needs of her nation above somberness and, to a certain extent, but she was concerned about the future concerns for her own safety. As co-chair of hopelessness. But I also rise to express of the people of Pakistan. Again, a the Congressional Pakistan Caucus, I had the my appreciation for the life and the peacemaker, someone who put her life opportunity to speak with Ms. Bhutto several legacy of Benazir Bhutto. I also want behind her love and affection for this times in recent months, and I was always to offer a personal sympathy and ac- country. struck by her commitment to remaining in knowledgment to her husband, Mr. And so we rise today to acknowledge Pakistan, despite attacks and threats on her Zardari; her son, Bilawal; and her the horrific tragedy, the fact that her life. Benazir Bhutto’s return to Pakistan in Oc- daughters, Bakhtwar and Aseefa, for family has suffered such, and the fact tober 2007 came in the midst of an explosion our families mourn with you. that she was truly a fighter globally. that would have driven away anyone of lesser And I think it is important in the But there is a challenge that she knew heart. She left the relative security of family backdrop of one of the greatest peace- that we had to confront together, and life in Dubai to return to her homeland, deter- makers’ birthday, Dr. Martin Luther that is the tribal areas in Pakistan. It mined to see democratic processes and insti- King, to place former Prime Minister is a place where we must accept the tutions grow in Pakistan. Benazir Bhutto in her rightful place. I collapse, if you will, of the foreign pol- Benazir Bhutto was one of the world’s most am glad my colleagues called her a icy efforts of this nation, for it is there high-profile female leaders, and she rose to peacemaker. I call her a humanitarian where the Taliban is resurging and prominence amidst a male-dominated political and someone who was willing to sac- there where al Qaeda may be strong, hierarchy. After gaining her education at Har- rifice her own life to push the envelope and it is there where it is alleged that vard and Oxford, Ms. Bhutto followed her fa- of democracy. Osama bin Laden rests. ther, Zulfikar Ali Bhutto, into politics. Like her

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4636 Sfmt 9920 E:\CR\FM\K16JA7.016 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H34 CONGRESSIONAL RECORD — HOUSE January 16, 2008 father, she served as Prime Minister of Paki- beacon of democracy, Ms. Benazir important that this Congress be heard stan, holding the office from 1988 to 1990 and Bhutto, during a peaceful political on a resolution condemning this assas- again from 1993 to 1996. Also like her father, rally. sination, and it is important that it be she was violently killed for her convictions, her She was educated in the tradition of the first substantive measure that this dedication to her country, and her unwilling- western democratic philosophy, and re- Congress takes up. And I commend Mr. ness to hide in the shadows upon her return ceived her higher education training at ACKERMAN, the chairman of the com- to Pakistan. Oxford and Harvard University. She mittee Mr. LANTOS, and Speaker The assassination of Ms. Bhutto is a horrific has been the voice in support of a PELOSI for facilitating that, as I do my tragedy for Pakistan and for the world. It is es- democratic Pakistan for more than 20 colleagues on the committee in the mi- sential that her killers be brought to justice im- years. nority. mediately. This is an extremely critical time for In 1988, at the age of 35, she became This resolution condemns in the the nation of Pakistan, with elections that had the youngest person and the first fe- strongest possible terms the assassina- been expected in early January now sched- male elected to lead a Muslim state. tion of former Pakistani Prime Min- uled for February 18, 2008. Pakistan has seen Since that time, Ms. Bhutto has re- ister Benazir Bhutto. It supports ef- serious political instability throughout the past mained committed to the restoration forts by Pakistan to bring to justice year, weathering approximately 60 suicide of a true democracy in Pakistan. When those who have perpetrated this cruel bomb attacks, which killed nearly 800 people Ms. Bhutto returned to Pakistan last and cowardly act. It welcomes the pro- over the course of the year. year, she knew she was putting her life vision of assistance by the government Pakistan continues to be an important ally in at risk because, Madam Speaker, the of the United Kingdom, and it com- the global fight against terrorism. I am particu- violent enemies of democracy through- mends the government of Pakistan for larly worried about the security of Pakistan’s out the world are numerous. But her accepting such assistance. leaders and people, and I believe that we commitment to democracy in Pakistan In addition, it urges the people and must examine the measures that are being was stronger than her fear of death. the government of Pakistan to be re- undertaken to ensure their safety. As co-chair As the daughter of a former Prime lentless in their pursuit of a democrat- of the Congressional Pakistan Caucus, I have Minister of Pakistan, Bhutto used to ically elected government, including long advocated the need to ensure that Paki- say she did not choose her life but that the holding of free and fair elections at stan is stabilized, and that its leaders and peo- it chose her instead. The truth is she the earliest possible opportunity. It ple are protected. chose freedom and democracy, and her urges support for a free media. According to the United States Department love for those principles compelled her And perhaps in the seventh para- of State, Pakistan currently has 85,000 troops continuous bold, even boisterous voice graph, as I close, Madam Speaker, it, stationed along the border with Afghanistan. of democracy for the Pakistani people. this resolution, which I hope and trust Richard A. Boucher, Assistant Secretary of Ms. Bhutto has been described as a will be unanimously adopted today, re- State for South and Central Asian Affairs, re- defiant and strong-willed leader. In life affirms the commitment of the United cently noted that Pakistan has ‘‘captured more and in death, her charisma and deter- States to assist the people of Pakistan al-Qaeda than any country in the world, and mination have been admired by people in combating terrorist activity and lost more people doing that.’’ Pakistani au- throughout the world. promoting a free and democratic Paki- thorities have also killed or captured several She was a beacon of democracy in stan. top Taliban commanders in this area in recent Pakistan, and I join my colleagues in I quote again the words of the late months. condemning her assassination with the and, no one would argue, great Benazir Prime Minister Bhutto’s assassination is a expectation that the current govern- Bhutto who said just this fall in an great blow to the democratic process in Paki- ment will seek out and find all of the American magazine, ‘‘It’s only now stan. The international community must work assassins. that America has awakened to what we together with the Pakistani government to en- Pakistan has been a loyal ally and were already fighting, Islamic sure that those responsible for this brutal friends of the United States since 1947. jihadists.’’ crime are brought to justice. In addition, we I believe the greatest legacy that b 1100 must stand with the people of Pakistan during Benazir Bhutto could leave is not only this turbulent time, and, together, work to- The United States stands with the a legacy of a democratically elected gether against our common enemy: terrorism. people of Pakistan. We affirm our com- government in her country, but it Benazir Bhutto was a truly courageous mitment to the Pakistani people in would be a legacy of a further awak- woman, and a true leader for her nation and combating terrorism and promoting a ening in the world to the threat that the world. Her violent and untimely death is a free and democratic Pakistan. The long free societies and those that seek to be true tragedy, and I join with the people of lamentable history of human conduct free face from radical Islamic jihadists. Pakistan, as well as my colleagues here in is filled with the names of martyrs who If her legacy can be not only progress Congress, in mourning the passing of an ex- have been murdered for the cause of for her people toward democracy, but traordinary leader, as well as those who died freedom. Today, we add the name of progress in the free world to renewing in the December 17th attack with her. one more. our determination to confront those I ask my colleagues to join me in supporting And that’s just the way it is. who oppose our way of life with vio- this resolution, paying tribute to former Prime Mr. ACKERMAN. Is the gentleman lence, both in support of the Pakistani Minister Bhutto, condemning her assassina- from Indiana seeking to recognize fur- Government and in places like Afghan- tion, supporting Pakistani and international ef- ther speakers? istan and Iraq, if I might add, then that forts to bring her murderers to justice, and re- Mr. PENCE. I thank the gentleman would be a powerful and meritorious affirming our commitment to a free and demo- for his courtesy. I have no additional legacy indeed. cratic Pakistan, standing strong against our speakers, but would reserve the right I urge support of all of my colleagues mutual enemy of terrorism. to close for a minute or two. for this important resolution. Mr. PENCE. Madam Speaker, I yield Mr. ACKERMAN. Proceed. I yield back the balance of my time. 4 minutes to a member of the House Mr. PENCE. Madam Speaker, I yield Mr. ACKERMAN. I would like to Committee on Foreign Affairs and myself such time as I may consume. thank Mr. PENCE, Mr. LANTOS, Ms. original cosponsor of this resolution, I want to rise again to express my ROS-LEHTINEN, all those who partici- the gentleman from Texas (Mr. POE). strong support of this resolution and pated in this discussion. I don’t think Mr. POE. Madam Speaker, I want to urge as near a unanimous adoption of we can call it a debate. I think all of thank the gentleman for yielding, and this resolution as this Congress can the indications that we have heard I also thank Mr. ACKERMAN, Mr. LAN- muster. today indicate that we are on the same TOS and Ms. ROS-LEHTINEN for spon- I want to commend the gentleman side on this. soring this resolution. from New York (Mr. ACKERMAN) for his I would urge unanimous support for On December 27, 2007, the world swift and sympathetic and thoughtful the resolution. reeled as it received news that a sui- legislative workmanship on this meas- Mr. MANZULLO. Madam Speaker, I rise cide terrorist and others had assas- ure. As I said before, I think, given the today to express my anger and sadness re- sinated Pakistan’s freedom fighter and tragic events of 27 December 2007, it is garding the assassination of former Prime

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4636 Sfmt 9920 E:\CR\FM\A16JA7.002 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H35 Minister Benazir Bhutto. The horrific murder of home country but ‘‘other U.S. officials’’ as- Chair’s prior announcement, further Prime Minister Bhutto is a chilling reminder sured her that the United States remains proceedings on this motion will be that extremist forces are continually trying to committed to fostering democracy in Paki- postponed. stan. undermine democracy and freedom. Today, ‘‘I want President Bush to say ‘Look, f we stand with the democrats in Pakistan and you’ve been our ally, and we want to help PROVIDING FOR CONCURRENCE BY throughout the world to oppose tyranny and bring democracy because democracy doesn’t HOUSE WITH AMENDMENT IN terrorism. promote terrorism,’’’ she said. SENATE AMENDMENT TO H.R. Benazir Bhutto was the first woman elected Her determination to see Pakistan become to lead a Muslim state and served twice as a democracy began after she completed her 4253, MILITARY RESERVIST AND Prime Minister of Pakistan. I had the distinct education at Radcliffe College and Lady VETERAN SMALL BUSINESS RE- honor and privilege to meet her when she Margaret Hall, Oxford, in the late 1970s. AUTHORIZATION AND OPPOR- Bhutto was born June 21, 1953, in Karachi, spoke to members of the House International TUNITY ACT OF 2008 Pakistan. In 1977, at age 24, she returned ´ Relations Committee during the mid-1990’s in home and took up the struggle to restore de- Ms. VELAZQUEZ. Madam Speaker, I an ornate ceremonial room just one floor mocracy and human rights in the country as move to suspend the rules and agree to below this rostrum. Her accomplishment a leader of the Pakistan People’s Party. the resolution (H. Res. 921) providing paved the way for other women leaders to Bhutto faced imprisonment and exile while for the concurrence by the House in the seek and win top offices throughout the devel- guiding the resistance to Pakistan’s military Senate amendment to H.R. 4253, with oping world. Bhutto’s dedication to democracy regime. an amendment. in Pakistan is closely tied to the time she Her government was replaced by opposing The Clerk read the title of the resolu- political forces in 1990, but Bhutto was again tion. spent as a student in the United States. In elected prime minister in 1993 and served fact, she credits her exposure to America as until 1996, when the government was over- The text of the resolution is as fol- a driving force behind her push for a free thrown by a military coup. lows: Pakistan. ‘‘My leadership was of different vision than H. RES. 921 Former Prime Minister Bhutto was also no the conservatives. It was dictatorship vs. de- Resolved, That upon the adoption of this stranger to the good people of Illinois’ 16th mocracy.’’ resolution the bill (H.R. 4253) entitled ‘‘An Congressional District. In 2002, she spoke to Jeff Hendry, chairman of the forum series Act to improve and expand small business an overflow audience at Rockford College committee, said Bhutto’s visit was ‘‘huge, assistance programs for veterans of the especially now with all the news in that part about the link between promoting democracy armed forces and military reservists, and for of the world.’’ other purposes’’, with the Senate amend- and defeating extremist terrorists. I know I In her speech: ‘‘she will deal with the ment thereto, shall be considered to have speak for the people of northern Illinois in ex- international political climate and deal been taken from the Speaker’s table to the pressing our heartfelt gratitude that she visited more with what the U.S. can do and should end that the Senate amendment thereto be, Rockford. Bhutto’s speech was inspirational be doing to bring democracy to Pakistan as and the same is hereby, agreed to with the and enlightening. I enclose for the RECORD the well as the strategic importance of the re- following amendment: article titled, ‘‘Ex-Premier Pushes U.S. to Aid gion,’’ he said. In lieu of the matter proposed to be in- Democracy Fight’’ from the Rockford Register WHAT SHE SAID serted by the amendment of the Senate, in- Star, published on September 20, 2002, dis- The Register Star asked Benazir Bhutto: sert the following: cussing Bhutto’s historic remarks at Rockford Is Osama bin Laden dead? ‘‘It’s 50–50, and SECTION 1. SHORT TITLE. College. it’s anybody’s guess. I thought for a while if This Act may be cited as the ‘‘Military Re- Pakistan must continue its journey to polit- he was dead, there had to be certain funeral servist and Veteran Small Business Reau- ceremonies done for the soul, but maybe he thorization and Opportunity Act of 2008’’. ical reform and democracy. The United States was killed and nobody knew. He could be SEC. 2. TABLE OF CONTENTS. must stand with those who advocate for the playing dead and he could pop in the next The table of contents for this Act is as fol- fundamental freedoms that were bestowed five years. But if he’s hiding, it would prob- lows: onto all of us by our creator. Let’s not forget ably be in the mountains of Afghanistan.’’ Sec. 1. Short title. How the people of Pakistan view the Bhutto’s legacy and stand with the people of Sec. 2. Table of contents. Pakistan in this dark hour. United States: ‘‘Pakistan has mixed feelings Sec. 3. Definitions. toward the U.S. It’s like a love-hate relation- [From the Rockford Register Star, Sept. 20, TITLE I—VETERANS BUSINESS 2002] ship. They see it as a land of opportunity and power and to them, they feel they are power- DEVELOPMENT EX-PREMIER PUSHES U.S. TO AID DEMOCRACY less. They like the power the U.S. has, but Sec. 101. Increased funding for the Office of FIGHT they hate their own powerlessness.’’ Veterans Business Develop- ROCKFORD.—Former Pakistani Prime Min- Have the Pakistani people been treated dif- ment. ister Benazir Bhutto said Thursday that peo- ferently in the United States since the ter- Sec. 102. Interagency task force. ple of her country support her battle to bring rorist attacks? ‘‘I have respect largely in the Sec. 103. Permanent extension of SBA Advi- democracy to Pakistan. She wants President area of academia. I have talked to students sory Committee on Veterans Bush to help. who have said Americans came to them and Business Affairs. The deposed leader—who at age 35 became asked ‘Are you OK?’ Other stories I hear Sec. 104. Office of Veterans Business Devel- the first female prime minister in the Mus- from big cities are of hate crimes and of opment. lim world—continues her efforts, made more some men who have shaved their beards off Sec. 105. Increasing the number of outreach important in the wake of the Sept. 11, 2001, in fear of being targeted. But President Bush centers. terrorist attacks. is right when he says Pakistan is safe here. Sec. 106. Independent study on gaps in avail- Bhutto remains critical of the regime of I hear others say, ‘We are Americans, and ability of outreach centers. Gen. Pervez Musharraf, who has controlled please accept us as the way we are.’’’ Sec. 107. Veterans assistance and services the country since 1999. She is an author and program. Mr. ACKERMAN. Having no addi- active in the Pakistan People’s Party, the TITLE II—RESERVIST PROGRAMS country’s largest, pro-democracy party. tional speakers, I yield back the bal- ‘‘I support democracy in Pakistan and, ance of my time. Sec. 201. Reservist programs. with the war on terrorism, there is a new The SPEAKER pro tempore. The Sec. 202. Reservist loans. commitment to bringing democracy to the Sec. 203. Noncollateralized loans. question is on the motion offered by Sec. 204. Loan priority. Muslim world and the empowering of the the gentleman from New York (Mr. Muslim people based on fundamental human Sec. 205. Relief from time limitations for rights,’’ she said. ACKERMAN) that the House suspend the veteran-owned small busi- Bhutto planned to share this message later rules and agree to the resolution, H. nesses. Thursday night with a sold-out crowd at Res. 912. Sec. 206. Service-disabled veterans. Maddox Theatre at Rockford College. Addi- The question was taken. Sec. 207. Study on options for promoting tional crowds were seated in the Cheek The- The SPEAKER pro tempore. In the positive working relations be- atre and dance studio to watch a live tele- opinion of the Chair, two-thirds being tween employers and their Re- vision feed of Bhutto’s presentation. serve Component employees. in the affirmative, the ayes have it. Sec. 208. Increased Veteran Participation Bhutto’s visit kicked off the 2002–03 Rock- Mr. ACKERMAN. Madam Speaker, on ford College Forum Series, a program of Program. speakers and workshops focused on the poli- that I demand the yeas and nays. SEC. 3. DEFINITIONS. tics and culture of Islam. The yeas and nays were ordered. In this Act— Bhutto acknowledged that she hasn’t met The SPEAKER pro tempore. Pursu- (1) the term ‘‘activated’’ means receiving with Bush about bringing democracy to her ant to clause 8 of rule XX and the an order placing a Reservist on active duty;

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.024 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H36 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (2) the term ‘‘active duty’’ has the meaning tion or association, selected by the Presi- ‘‘(B) make the materials created under given that term in section 101 of title 10, dent. subparagraph (A) available to the Secretary United States Code; ‘‘(3) DUTIES.—The task force shall— of Labor for inclusion in the Transition As- (3) the terms ‘‘Administration’’ and ‘‘Ad- ‘‘(A) consult regularly with veterans serv- sistance Program manual. ministrator’’ mean the Small Business Ad- ice organizations and military organizations ‘‘(4) REPORTS.—The Associate Adminis- ministration and the Administrator thereof, in performing the duties of the task force; trator shall submit to Congress progress re- respectively; and ports on the implementation of this sub- (4) the term ‘‘Reservist’’ means a member ‘‘(B) coordinate administrative and regu- section. of a reserve component of the Armed Forces, latory activities and develop proposals relat- ‘‘(e) WOMEN VETERANS BUSINESS TRAIN- as described in section 10101 of title 10, ing to— ING.—The Associate Administrator shall— United States Code; ‘‘(i) improving capital access and capacity ‘‘(1) compile information on existing re- (5) the term ‘‘Service Corps of Retired Ex- of small business concerns owned and con- sources available to women veterans for ecutives’’ means the Service Corps of Retired trolled by service-disabled veterans and business training, including resources for— Executives authorized by section 8(b)(1) of small business concerns owned and con- ‘‘(A) vocational and technical education; the Small Business Act (15 U.S.C. 637(b)(1)); trolled by veterans through loans, surety ‘‘(B) general business skills, such as mar- (6) the terms ‘‘service-disabled veteran’’ bonding, and franchising; keting and accounting; and and ‘‘small business concern’’ have the ‘‘(ii) ensuring achievement of the pre-es- ‘‘(C) business assistance programs targeted meaning as in section 3 of the Small Busi- tablished Federal contracting goals for small to women veterans; and ness Act (15 U.S.C. 632); business concerns owned and controlled by ‘‘(2) disseminate the information compiled (7) the term ‘‘small business development service-disabled veterans and small business under paragraph (1) through Veteran Busi- center’’ means a small business development concerns owned and controlled by veterans ness Outreach Centers and women’s business center described in section 21 of the Small through expanded mentor-prote´ge´ assistance centers.’’. Business Act (15 U.S.C. 648); and and matching such small business concerns SEC. 105. INCREASING THE NUMBER OF OUT- (8) the term ‘‘women’s business center’’ with contracting opportunities; REACH CENTERS. means a women’s business center described ‘‘(iii) increasing the integrity of certifi- (a) IN GENERAL.—The Administrator shall in section 29 of the Small Business Act (15 cations of status as a small business concern use the authority in section 8(b)(17) of the U.S.C. 656). owned and controlled by service-disabled Small Business Act (15 U.S.C. 637(b)(17)) to TITLE I—VETERANS BUSINESS veterans or a small business concern owned ensure that the number of Veterans Business DEVELOPMENT and controlled by veterans; Outreach Centers throughout the United SEC. 101. INCREASED FUNDING FOR THE OFFICE ‘‘(iv) reducing paperwork and administra- States increases— OF VETERANS BUSINESS DEVELOP- tive burdens on veterans in accessing busi- (1) subject to subsection (b), by at least 2, MENT. ness development and entrepreneurship op- for each of fiscal years 2008 and 2009; and (a) IN GENERAL.—There are authorized to portunities; (2) by the number that the Administrator be appropriated to the Office of Veterans ‘‘(v) increasing and improving training and considers appropriate, based on need, for Business Development of the Administra- counseling services provided to small busi- each fiscal year thereafter. tion, to remain available until expended— ness concerns owned and controlled by vet- (b) LIMITATION.—Subsection (a)(1) shall (1) $2,100,000 for fiscal year 2008; and erans; and apply in a fiscal year if, for that fiscal year, (2) $2,300,000 for fiscal year 2009. ‘‘(vi) making other improvements relating the amount made available for the Office of (b) FUNDING OFFSET.—Amounts necessary to the support for veterans business develop- Veterans Business Development is more than to carry out subsection (a) shall be offset and ment by the Federal Government.’’. the amount made available for the Office of made available through the reduction of the Veterans Business Development for fiscal authorization of funding under section SEC. 103. PERMANENT EXTENSION OF SBA ADVI- SORY COMMITTEE ON VETERANS year 2007. 20(e)(1)(B)(iv) of the Small Business Act (15 BUSINESS AFFAIRS. U.S.C. 631 note). SEC. 106. INDEPENDENT STUDY ON GAPS IN (a) ASSUMPTION OF DUTIES.—Section 33 of (c) SENSE OF CONGRESS.—It is the sense of AVAILABILITY OF OUTREACH CEN- Congress that any amounts provided pursu- the Small Business Act (15 U.S.C. 657c) is TERS. ant to this section that are in excess of amended— The Administrator shall sponsor an inde- amounts provided to the Administration for (1) by striking subsection (h); and pendent study on gaps in the availability of the Office of Veterans Business Development (2) by redesignating subsections (i) through Veterans Business Outreach Centers across in fiscal year 2007, should be used to support (k) as subsections (h) through (j), respec- the United States, to inform decisions on Veterans Business Outreach Centers. tively. funding and on the allocation and coordina- SEC. 102. INTERAGENCY TASK FORCE. (b) PERMANENT EXTENSION OF AUTHORITY.— tion of resources. Not later than 6 months Section 32 of the Small Business Act (15 Section 203 of the Veterans Entrepreneurship after the date of enactment of this Act, the U.S.C. 657b) is amended— and Small Business Development Act of 1999 Administrator shall submit to Congress a re- (1) by redesignating subsection (c) as (f); (15 U.S.C. 657b note) is amended by striking port on the results of the study. and subsection (h). SEC. 107. VETERANS ASSISTANCE AND SERVICES (2) by inserting after subsection (b) the fol- SEC. 104. OFFICE OF VETERANS BUSINESS DE- PROGRAM. lowing: VELOPMENT. Section 21 of the Small Business Act (15 ‘‘(c) INTERAGENCY TASK FORCE.— Section 32 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end ‘‘(1) ESTABLISHMENT.—Not later than 90 U.S.C. 657b) is amended by inserting after the following: days after the date of enactment of this sub- subsection (c) (as added by section 102) the ‘‘(n) VETERANS ASSISTANCE AND SERVICES section, the President shall establish an following: PROGRAM.— interagency task force to coordinate the ef- ‘‘(d) PARTICIPATION IN TAP WORKSHOPS.— ‘‘(1) IN GENERAL.—A small business devel- forts of Federal agencies necessary to im- ‘‘(1) IN GENERAL.—The Associate Adminis- opment center may apply for a grant under prove capital and business development op- trator shall increase veteran outreach by en- this subsection to carry out a veterans as- portunities for, and ensure achievement of suring that Veteran Business Outreach Cen- sistance and services program. the pre-established Federal contracting ters regularly participate, on a nationwide ‘‘(2) ELEMENTS OF PROGRAM.—Under a pro- goals for, small business concerns owned and basis, in the workshops of the Transition As- gram carried out with a grant under this controlled by service-disabled veterans and sistance Program of the Department of subsection, a small business development small business concerns owned and con- Labor. center shall— trolled by veterans (in this section referred ‘‘(2) PRESENTATIONS.—In carrying out para- ‘‘(A) create a marketing campaign to pro- to as the ‘task force’). graph (1), a Veteran Business Outreach Cen- mote awareness and education of the serv- ‘‘(2) MEMBERSHIP.—The members of the ter may provide grants to entities located in ices of the center that are available to vet- task force shall include— Transition Assistance Program locations to erans, and to target the campaign toward ‘‘(A) the Administrator, who shall serve as make presentations on the opportunities veterans, service-disabled veterans, military chairperson of the task force; and available from the Administration for re- units, Federal agencies, and veterans organi- ‘‘(B) a senior level representative from— cently separating or separated veterans. zations; ‘‘(i) the Department of Veterans Affairs; Each presentation under this paragraph shall ‘‘(B) use technology-assisted online coun- ‘‘(ii) the Department of Defense; include, at a minimum, a description of the seling and distance learning technology to ‘‘(iii) the Administration (in addition to entrepreneurial and business training re- overcome the impediments to entrepreneur- the Administrator); sources available from the Administration. ship faced by veterans and members of the ‘‘(iv) the Department of Labor; ‘‘(3) WRITTEN MATERIALS.—The Associate Armed Forces; and ‘‘(v) the Department of the Treasury; Administrator shall— ‘‘(C) increase coordination among organi- ‘‘(vi) the General Services Administration; ‘‘(A) create written materials that provide zations that assist veterans, including by es- ‘‘(vii) the Office of Management and Budg- comprehensive information on self-employ- tablishing virtual integration of service pro- et; and ment and veterans entrepreneurship, includ- viders and offerings for a one-stop point of ‘‘(viii) 4 representatives from a veterans ing information on resources available from contact for veterans who are entrepreneurs service organization or military organiza- the Administration on such topics; and or owners of small business concerns.

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‘‘(3) AMOUNT OF GRANTS.—A grant under (B) CONTENTS.—Each report submitted ‘‘(B) DURATION.—Upon submission of proper this subsection shall be for not less than under subparagraph (A) shall include— documentation to the Administrator, the ex- $75,000 and not more than $250,000. (i) for the 6-month period ending on the tension of a time limitation under subpara- ‘‘(4) FUNDING.—Subject to amounts ap- date of that report— graph (A) shall be equal to the period of time proved in advance in appropriations Acts, (I) the number of loans approved under sec- that such veteran who owned or controlled the Administration may make grants or tion 7(b)(3) of the Small Business Act (15 such a concern was on active duty as de- enter into cooperative agreements to carry U.S.C. 636(b)(3)); scribed in that subparagraph. out the provisions of this subsection.’’. (II) the number of loans disbursed under ‘‘(C) EXCEPTION FOR PROGRAMS SUBJECT TO TITLE II—RESERVIST PROGRAMS that section; and FEDERAL CREDIT REFORM ACT OF 1990.—The SEC. 201. RESERVIST PROGRAMS. (III) the total amount disbursed under that provisions of subparagraphs (A) and (B) shall section; and not apply to any programs subject to the (a) APPLICATION PERIOD.—Section 7(b)(3)(C) of the Small Business Act (15 U.S.C. (ii) recommendations, if any, to make the Federal Credit Reform Act of 1990 (2 U.S.C. 636(b)(3)(C)) is amended— program more effective in serving small 661 et seq.).’’. (1) by striking ‘‘90 days’’ and inserting ‘‘1 business concerns that employ Reservists. SEC. 206. SERVICE-DISABLED VETERANS. year’’; and SEC. 202. RESERVIST LOANS. Not later than 180 days after the date of (2) by adding at the end the following: (a) IN GENERAL.—The Administrator and enactment of this Act, the Comptroller Gen- ‘‘The Administrator may, when appropriate the Secretary of Defense shall develop a eral of the United States shall submit to the (as determined by the Administrator), ex- joint website and printed materials pro- Committee on Small Business and Entrepre- tend the ending date specified in the pre- viding information regarding any program neurship of the Senate and the Committee ceding sentence by not more than 1 year.’’. for small business concerns that is available on Small Business of the House of Represent- (b) PRE-CONSIDERATION PROCESS.— to veterans or Reservists. atives a report describing— (1) DEFINITION.—In this subsection, the (b) MARKETING.—The Administrator is au- (1) the types of assistance needed by serv- term ‘‘eligible Reservist’’ means a Reservist thorized— ice-disabled veterans who wish to become en- who— (1) to advertise and promote the program trepreneurs; and (A) has not been ordered to active duty; under section 7(b)(3) of the Small Business (2) any resources that would assist such (B) expects to be ordered to active duty Act jointly with the Secretary of Defense service-disabled veterans. during a period of military conflict; and and veterans’ service organizations; and SEC. 207. STUDY ON OPTIONS FOR PROMOTING (C) can reasonably demonstrate that the (2) to advertise and promote participation POSITIVE WORKING RELATIONS BE- small business concern for which that Re- by lenders in such program jointly with TWEEN EMPLOYERS AND THEIR RE- servist is a key employee will suffer eco- trade associations for banks or other lending SERVE COMPONENT EMPLOYEES. nomic injury in the absence of that Reserv- institutions. (a) STUDY REQUIRED.—The Comptroller ist. SEC. 203. NONCOLLATERALIZED LOANS. General of the United States shall conduct a (2) ESTABLISHMENT.—Not later than 6 Section 7(b)(3) of the Small Business Act study on options for promoting positive months after the date of enactment of this (15 U.S.C. 636(b)(3)) is amended by adding at working relations between employers and Act, the Administrator shall establish a pre- the end the following: Reserve component employees of such em- consideration process, under which the Ad- ‘‘(G)(i) Notwithstanding any other provi- ployers, including assessing options for im- ministrator— sion of law, the Administrator may make a proving the time in which employers of Re- (A) may collect all relevant materials nec- loan under this paragraph of not more than servists are notified of the call or order of essary for processing a loan to a small busi- $50,000 without collateral. such members to active duty other than for ness concern under section 7(b)(3) of the ‘‘(ii) The Administrator may defer pay- training. Small Business Act (15 U.S.C. 636(b)(3)) be- ment of principal and interest on a loan de- (b) REPORT.— fore an eligible Reservist employed by that scribed in clause (i) during the longer of— (1) IN GENERAL.—Not later than 180 days small business concern is activated; and ‘‘(I) the 1-year period beginning on the date after the date of enactment of this Act, the (B) shall distribute funds for any loan ap- of the initial disbursement of the loan; and Comptroller General of the United States proved under subparagraph (A) if that eligi- ‘‘(II) the period during which the relevant shall submit to the appropriate committees ble Reservist is activated. essential employee is on active duty.’’. of Congress a report on the study conducted (c) OUTREACH AND TECHNICAL ASSISTANCE SEC. 204. LOAN PRIORITY. under subsection (a). PROGRAM.— Section 7(b)(3) of the Small Business Act (2) CONTENTS.—The report submitted under (1) IN GENERAL.—Not later than 6 months (15 U.S.C. 636(b)(3)), as amended by this Act, paragraph (1) shall— after the date of enactment of this Act, the is amended by adding at the end the fol- (A) provide a quantitative and qualitative Administrator, in consultation with the Sec- lowing: assessment of— retary of Veterans Affairs and the Secretary ‘‘(H) The Administrator shall give priority (i) what measures, if any, are being taken of Defense, may develop a comprehensive to any application for a loan under this para- to inform Reservists of the obligations and outreach and technical assistance program graph and shall process and make a deter- responsibilities of such members to their em- (in this subsection referred to as the ‘‘pro- mination regarding such applications prior ployers; gram’’) to— to processing or making a determination on (ii) how effective such measures have been; (A) market the loans available under sec- other loan applications under this sub- and tion 7(b)(3) of the Small Business Act (15 section, on a rolling basis.’’. (iii) whether there are additional measures U.S.C. 636(b)(3)) to Reservists, and family SEC. 205. RELIEF FROM TIME LIMITATIONS FOR that could be taken to promote positive members of Reservists, that are on active VETERAN-OWNED SMALL BUSI- working relations between Reservists and duty and that are not on active duty; and NESSES. their employers, including any steps that (B) provide technical assistance to a small Section 3(q) of the Small Business Act (15 could be taken to ensure that employers are business concern applying for a loan under U.S.C. 632(q)) is amended by adding at the timely notified of a call to active duty; and that section. end the following: (B) assess whether there has been a reduc- (2) COMPONENTS.—The program shall— ‘‘(5) RELIEF FROM TIME LIMITATIONS.— tion in the hiring of Reservists by business (A) incorporate appropriate websites main- ‘‘(A) IN GENERAL.—Any time limitation on concerns because of— tained by the Administration, the Depart- any qualification, certification, or period of (i) any increase in the use of Reservists ment of Veterans Affairs, and the Depart- participation imposed under this Act on any after September 11, 2001; or ment of Defense; and program that is available to small business (ii) any change in any policy of the Depart- (B) require that information on the pro- concerns shall be extended for a small busi- ment of Defense relating to Reservists after gram is made available to small business ness concern that— September 11, 2001. concerns directly through— ‘‘(i) is owned and controlled by— (c) APPROPRIATE COMMITTEES OF CONGRESS (i) the district offices and resource part- ‘‘(I) a veteran who was called or ordered to DEFINED.—In this section, the term ‘‘appro- ners of the Administration, including small active duty under a provision of law specified priate committees of Congress’’ means— business development centers, women’s busi- in section 101(a)(13)(B) of title 10, United (1) the Committee on Armed Services and ness centers, and the Service Corps of Re- States Code, on or after September 11, 2001; the Committee on Small Business and Entre- tired Executives; and or preneurship of the Senate; and (ii) other Federal agencies, including the ‘‘(II) a service-disabled veteran who be- (2) the Committee on Armed Services and Department of Veterans Affairs and the De- came such a veteran due to an injury or ill- the Committee on Small Business of the partment of Defense. ness incurred or aggravated in the active House of Representatives. (3) REPORT.— military, naval, or air service during a pe- SEC. 208. INCREASED VETERAN PARTICIPATION (A) IN GENERAL.—Not later than 6 months riod of active duty pursuant to a call or PROGRAM. after the date of enactment of this Act, and order to active duty under a provision of law Section 7(a) of the Small Business Act (15 every 6 months thereafter until the date that referred to in subclause (I) on or after Sep- U.S.C. 636(a)) is amended by adding at the is 30 months after such date of enactment, tember 11, 2001; and end the following: the Administrator shall submit to Congress ‘‘(ii) was subject to the time limitation ‘‘(32) INCREASED VETERAN PARTICIPATION a report on the status of the program. during such period of active duty. PROGRAM.—

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.003 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H38 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(A) DEFINITIONS.—In this paragraph— gentleman from Ohio (Mr. CHABOT) again, incorporates a number of provi- ‘‘(i) the term ‘cost’ has the meaning given each will control 20 minutes. sions of a bill authored by Mr. BU- that term in section 502 of the Federal Credit The Chair recognizes the gentle- CHANAN from Florida, a freshman mem- Reform Act of 1990 (2 U.S.C. 661a); woman from New York. ber of the Small Business Committee. ‘‘(ii) the term ‘pilot program’ means the GENERAL LEAVE The provisions of this resolution are pilot program established under subpara- ´ graph (B); and Ms. VELAZQUEZ. Madam Speaker, I substantially similar to those con- ‘‘(iii) the term ‘veteran participation loan’ ask unanimous consent that all Mem- tained in H.R. 4253 passed by the House means a loan made under this subsection to bers have 5 legislative days to revise in the last session. For the sake of a small business concern owned and con- and extend their remarks and include brevity, interested parties can refer to trolled by veterans of the Armed Forces or extraneous material on the resolution the December 5, 2007 CONGRESSIONAL members of the reserve components of the under consideration. RECORD for that statement. Armed Forces. The SPEAKER pro tempore. Is there The resolution makes necessary tech- ‘‘(B) ESTABLISHMENT.—The Administrator nical changes to the Senate amend- shall establish and carry out a pilot program objection to the request of the gentle- woman from New York? ment. The House bill required the es- under which the Administrator shall reduce tablishment of an interagency task the fees for veteran participation loans. There was no objection. ´ ‘‘(C) DURATION.—The pilot program shall Ms. VELAZQUEZ. Madam Speaker, force to improve business advice given terminate at the end of the second full fiscal this body has heard time and again of to veteran-owned small businesses. year after the date that the Administrator the courage, discipline and selflessness This resolution restores the require- establishes the pilot program. with which our veterans serve this Na- ment that the interagency task force ‘‘(D) MAXIMUM PARTICIPATION.—A veteran tion. What is less well known, however, include the advice from veteran service participation loan shall include the max- are the contributions that veterans organizations. It makes no sense to try imum participation levels by the Adminis- make to our Nation’s economy. and improve veterans services to vet- trator permitted for loans made under this erans without actually consulting subsection. Last month, 407 Members of this House voted to pass H.R. 4253. This bill them. ‘‘(E) FEES.— Reservists have their own set of oper- ‘‘(i) IN GENERAL.—The fee on a veteran par- represented an important step toward a ticipation loan shall be equal to 50 percent of comprehensive update of the Small ational problems, especially if they the fee otherwise applicable to that loan Business Administration’s veterans as- own a business or are a key employee under paragraph (18). sistance programs, programs which re- in a small business. These Reservists ‘‘(ii) WAIVER.—The Administrator may move barriers to veterans’ self-employ- are making a sacrifice to the health of waive clause (i) for a fiscal year if— their business in order to protect the ‘‘(I) for the fiscal year before that fiscal ment and provide veteran entre- preneurs with support for growth and liberty and freedom of all Americans. year, the annual estimated rate of default of The least we can do is provide the expansion. Again, I wish to commend veteran participation loans exceeds that of small businesses owned by or employ- loans made under this subsection that are Congressman JASON ALTMIRE and Con- ing these Reservists sufficient access not veteran participation loans; gressman VERN BUCHANAN for their to advice and capital to enable their ‘‘(II) the cost to the Administration of leadership on this legislation. making loans under this subsection is great- Not long after this body passed H.R. businesses to survive during their ab- sence. The resolution before us today er than zero and such cost is directly attrib- 4253, the Senate took up the legislation utable to the cost of making veteran partici- does just that. and offered a number of changes. The pation loans; and In particular, the resolution ensures ‘‘(III) no additional sources of revenue au- resolution we are considering today that small communities where a Re- thority are available to reduce the cost of provides for the concurrence in the servist-owned business is a major making loans under this subsection to zero. Senate amendment and makes addi- source of employment will have access ‘‘(iii) EFFECT OF WAIVER.—If the Adminis- tional changes of our own. to economic injury disaster loan funds trator waives the reduction of fees under The amendment in this resolution from the SBA to pay employees and clause (ii), the Administrator— does two things. First, the amendment ‘‘(I) shall not assess or collect fees in an meet other expenses while the owner is makes technical revisions to clarify on active duty. Small communities amount greater than necessary to ensure language in the bill. Second, the that the cost of the program under this sub- that rely on one employer should not section is not greater than zero; and amendment removes a nongermane have to suffer because the owner of a ‘‘(II) shall reinstate the fee reductions provision that was inserted by the Sen- business has elected the noble obliga- under clause (i) when the conditions in ate amendment to H.R. 4253. tion to serve our country in uniform. clause (ii) no longer apply. As the wars in Iraq and Afghanistan Finally, the resolution adopts a ‘‘(iv) NO INCREASE OF FEES.—The Adminis- continue, the number of returning vet- modified form of the reduction in costs trator shall not increase the fees under para- erans will only increase. Our support for guaranteed loans made to veterans graph (18) on loans made under this sub- for veterans, however, does not end under SBA’s 7(a) loan program. I com- section that are not veteran participation with their deployment. We must con- loans as a direct result of the pilot program. mend the chairwoman for taking an ap- tinue to work to support these budding ‘‘(F) GAO REPORT.— proach that helps veterans obtain loans ‘‘(i) IN GENERAL.—Not later than 1 year entrepreneurs as they reach for the without unduly increasing costs to the after the date that the pilot program termi- American dream of business ownership. American taxpayer or other borrowers nates, the Comptroller General of the United I believe the underlying bill is a major under the 7(a) loan program. States shall submit to the Committee on step towards realizing this goal, and I No one can dispute the sacrifice that Small Business of the House of Representa- strongly support this legislation. I urge America’s veterans have made and con- tives and the Committee on Small Business my colleagues to support this resolu- tinue to make in defense of our coun- and Entrepreneurship of the Senate a report tion. try. While the repayment of that debt on the pilot program. I reserve the balance of my time. ‘‘(ii) CONTENTS.—The report submitted may never be fully compensated, we under clause (i) shall include— Mr. CHABOT. Madam Speaker, I can never fully pay back those that ‘‘(I) the number of veteran participation yield myself such time as I may con- have served this country so honorably loans for which fees were reduced under the sume. in uniform, we can certainly provide pilot program; Today, Madam Speaker, I rise in sup- them with the needed assistance to ‘‘(II) a description of the impact of the port of the request to suspend the rules prosper in civilian life. Today’s resolu- pilot program on the program under this and pass House Resolution 921, which tion will do that. I want to thank the subsection; agrees to the Senate amendment to chairwoman again for working to make ‘‘(III) an evaluation of the efficacy and po- H.R. 4253, the Military Reservist and this possible and thank Mr. BUCHANAN tential fraud and abuse of the pilot program; Veterans Small Business Reauthoriza- and for his leadership on this issue. tion Opportunity Act of 2007, subject to I reserve the balance of my time. ‘‘(IV) recommendations for improving the ´ pilot program.’’. an amendment. Ms. VELAZQUEZ. Madam Speaker, I I would like to thank Chairwoman would now like to yield to the gen- The SPEAKER pro tempore. Pursu- VELA´ ZQUEZ for working in a coopera- tleman from Pennsylvania, a lead spon- ant to the rule, the gentlewoman from tive and bipartisan manner to bring sor of the bill, Mr. JASON ALTMIRE, as New York (Ms. VELA´ ZQUEZ) and the this resolution to the floor, which, much time as he may consume.

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.003 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H39 Mr. ALTMIRE. Madam Speaker, last good friend, Mr. BUCHANAN; the rank- and I’ve lived that American Dream, month the House and the Senate ing member, Mr. CHABOT, for their help being self-employed for 30 years. I want passed the Military Reservist and Vet- in working through these issues. And to make sure that our veterans have erans Small Business Reauthorization hopefully now, with the work of the that same opportunity today for all the and Opportunity Act to expand busi- chairwoman, we can have a bill that sacrifices they are making. ness opportunities for veterans and Re- can pass both Chambers and move to I’m excited today that the House will servists. And after Senate action, the President’s desk. pass a resolution that will help individ- today we will vote again to pass this Mr. CHABOT. Madam Speaker, I uals make an important transition legislation that I introduced to ensure would just like to commend two fresh- from a veteran to a small business en- veterans and Reservists are afforded man Members. I think this is another trepreneur, and we are one step closer every opportunity for economic success example that shows bipartisanship on to having this important legislation at home given their sacrifices abroad. the Small Business Committee, to the signed into law. Starting and maintaining a small credit of the chairwoman, Ms. I urge my colleagues to suspend the business can be challenging for anyone, VELA´ ZQUEZ, the gentleman from Penn- rules and support the resolution. and unfortunately veterans often face sylvania (Mr. ALTMIRE), a freshman Ms. VELA´ ZQUEZ. Madam Speaker, I unique obstacles as a result of their Member, and Mr. BUCHANAN, a fresh- have no additional speakers, but I re- military service. The unemployment man Member from Florida, working to- serve the right to close. rate among veterans is more than gether to benefit veterans and small Mr. CHABOT. Madam Speaker, we twice that of the national average, and businesses in this country. So I think yield back the balance of our time. nearly 40 percent of Reservists lose in- I’d like to see that spirit illustrated in Ms. VELA´ ZQUEZ. Madam Speaker, I come when they are deployed. the rest of the Congress, and I want to just want to take the opportunity While Congress has taken action to LTMIRE U again to thank Ranking Member provide Federal agencies with re- thank again Mr. A and Mr. B - sources to encourage entrepreneurial CHANAN. CHABOT and Mr. BUCHANAN and Mr. opportunities for veterans, I believe Madam Speaker, I yield such time as ALTMIRE and also the staff from the that more can still be done to relieve he may consume to Mr. BUCHANAN. Democratic side and the Republican the burden that is placed on small busi- Mr. BUCHANAN. Madam Speaker, I side for working in a bipartisan man- ness owners during and after deploy- want to thank the ranking member for ner to help achieve this goal of pro- ment. yielding me the time, and I rise in sup- viding the tools necessary for the vet- At a time when our veteran popu- port of the resolution. erans who are returning home. lation continues to grow, it is more im- I’d also like to thank my fellow With that, I strongly urge my col- portant than ever for us to afford our freshman, Congressman ALTMIRE, and I leagues to vote for H. Res. 921. brave men and women in uniform every want to thank the chairman of our Madam Speaker, I yield back the bal- opportunity for success. The Military Small Business Committee, because ance of my time. Reservist and Veterans Small Business she has been very bipartisan from day The SPEAKER pro tempore. The Reauthorization and Opportunity Act one. She’s been very helpful to me, and question is on the motion offered by provides the SBA’s Office of Veterans I think, frankly, this is what the coun- the gentlewoman from New York (Ms. Business Development with the re- try is looking for. So I want to thank VELA´ ZQUEZ) that the House suspend the sources necessary to expand entrepre- the freshman Congressman. I think rules and agree to the resolution, H. neurial opportunities for veterans and this is a very powerful thing. Res. 921. Reservists and improve existing pro- Also, I just wanted to say that I The question was taken. grams to help keep small businesses know there’s a Senate compromise, and The SPEAKER pro tempore. In the afloat while their members are de- a number of provisions in that are im- opinion of the Chair, two-thirds being ployed. portant to me. in the affirmative, the ayes have it. The amendment we will consider This resolution incorporates legisla- Ms. VELA´ ZQUEZ. Madam Speaker, today makes minor changes to the bill tion I introduced in May and the House on that I demand the yeas and nays. we passed in December, but the intent passed in June, creating an important The yeas and nays were ordered. remains the same. This legislation in- program within the Small Business Ad- The SPEAKER pro tempore. Pursu- creases funding for the SBA’s Office of ministration. This will give our vet- ant to clause 8 of rule XX and the Veterans Business Development, im- erans not just a chance at success in a Chair’s prior announcement, further proves programs designed to help re- small business enterprise, but provide proceedings on this motion will be lieve the burden placed on small busi- them with the help and assistance a postponed. ness owners during and after deploy- grateful Nation can offer. f ments, facilitates the coordination of My legislation is intended to help all Federal agencies to focus attention veterans through grants, information PROVIDING FOR CONSIDERATION on expanding opportunities for vet- services and contacts with profes- OF H.R. 2768, SUPPLEMENTAL eran-owned businesses, makes the SBA sionals in their field of endeavor. This MINE IMPROVEMENT AND NEW Advisory Committee on Veterans Busi- Federal support will enhance the abil- EMERGENCY RESPONSE ACT OF ness Affairs permanent, and increases ity of veterans to become an entre- 2007 the number of veterans business out- preneur in his or her own right. Ms. SLAUGHTER. Madam Speaker, reach centers across the country. The measure puts an emphasis on by direction of the Committee on Madam Speaker, there is no question providing veterans with the market re- Rules, I call up House Resolution 918 that veterans have a unique ability to search, financial options, and techno- and ask for its immediate consider- thrive as entrepreneurs. They have the logical training important to becoming ation. skill and the drive necessary to run a successful small business owner. The Clerk read the resolution, as fol- successful businesses. But more must This legislation not only expands the lows: be done to help them fulfill their goals number but the scope of Veteran Out- H. RES. 918 and their needs. reach Centers. It ensures the opening I strongly support this legislation, Resolved, That at any time after the adop- of more doors in terms of that and the which I introduced, and I ask my col- tion of this resolution the Speaker may, pur- opportunity for women veterans. As- leagues for their support of the Mili- suant to clause 2(b) of rule XVIII, declare the tary Reservist and Veterans Small sisting our women returning from com- House resolved into the Committee of the Whole House on the state of the Union for Business Reauthorization and Oppor- bat has been an area long overlooked, and it’s high time we did something consideration of the bill (H.R. 2768) to estab- tunity Act, and urge the Senate to lish improved mandatory standards to pro- quickly take up and pass this impor- about it. I know in my personal situation, I tect miners during emergencies, and for tant legislation. other purposes. The first reading of the bill went in as an 18-year-old in the Air Na- b 1115 shall be dispensed with. All points of order tional Guard. At 23, I had a chance to against consideration of the bill are waived Lastly, Madam Speaker, I would get in business for myself, for a kid except those arising under clause 9 or 10 of thank the gentleman from Florida, my that grew up in a blue-collar family, rule XXI. General debate shall be confined to

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.021 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H40 CONGRESSIONAL RECORD — HOUSE January 16, 2008 the bill and shall not exceed one hour equal- and Labor. The rule waives all points perform a vigorous investigation to un- ly divided and controlled by the chairman of order against consideration of the cover what went wrong during these and ranking minority member of the Com- bill except clauses 9 and 10 of rule XXI. tragedies and how we can ensure that mittee on Education and Labor. After gen- The rule makes in order all four it never happens again. I am proud to eral debate the bill shall be considered for amendment under the five-minute rule. It amendments that were submitted to say that we stand here today resolute shall be in order to consider as an original the Rules Committee on this bill, in- in our promise to enhance the safety of bill for the purpose of amendment under the cluding a full substitute. The amend- our mine workers, bringing forth a bill five-minute rule the amendment in the na- ments are debatable for 10 minutes that will aim to fulfill that pledge. ture of a substitute recommended by the each, except for the substitute which is The Mine Improvement and New Committee on Education and Labor now debatable for 30 minutes. The rule also Emergency Response Act, or H.R. 2768, printed in the bill. The committee amend- provides one motion to recommit, with will help to prevent future disasters as ment in the nature of a substitute shall be or without instructions. well as improve our emergency re- considered as read. All points of order Madam Speaker, like most Ameri- sponse should another tragedy occur. against the committee amendment in the cans, I vividly remember the terrible nature of a substitute are waived except We took an important step last Con- those arising under clause 10 of rule XXI. mine tragedy at Crandall Canyon Mine gress enacting into law the MINER Notwithstanding clause 11 of rule XVIII, no in Utah last August as we waited day Act, the bill intended to prevent disas- amendment to the committee amendment in after day, praying for the safety of the ters such as Crandall Canyon. However, the nature of a substitute shall be in order miners. We watched with great trepi- the administration made it crystal except those printed in the report of the dation and sadness as three rescue clear that it did not intend to go any Committee on Rules accompanying this res- workers were also killed attempting to further or move more quickly than re- olution. Each such amendment may be of- save six miners who were trapped in a quired under the MINER Act, despite fered only in the order printed in the report, horrific mine collapse, all of whom, I may be offered only by a Member designated new evidence that quicker action is am sad to say, did not survive. necessary to ensure the safety of min- in the report, shall be considered as read, As a native Kentuckian and one who shall be debatable for the time specified in ers. the report equally divided and controlled by remembers vividly the mines and par- This bill empowers the Mine Safety the proponent and an opponent, shall not be ticularly the whistles in the middle of and Health Administration to protect subject to amendment, and shall not be sub- the night indicating something had miners, providing them with the much- ject to a demand for division of the question gone wrong at the mine, I was touched needed authority to investigate mine in the House or in the Committee of the by that tragedy on a very personal operators and punish those that ignore Whole. All points of order against such level. It reminded me not only of the amendments are waived except those arising or break the law. Unfortunately, too dangers of the profession but also the many persons on the Oversight Com- under clause 9 or 10 of rule XXI. At the con- important role of Congress to do all clusion of consideration of the bill for mittee are mine owners themselves. By amendment the Committee shall rise and re- that we can to ensure their safety. providing the agency with subpoena I was simply shocked by some of the port the bill to the House with such amend- authority, it will be permitted to stop ments as may have been adopted. Any Mem- disturbing facts that were revealed production in mines that do not pay off after just a brief review of the evi- ber may demand a separate vote in the delinquent accounts, and to shut down dence. The Crandall Canyon tragedy House on any amendment adopted in the mines that do not abate violations. Committee of the Whole to the bill or to the appears to have been preventable, and That is certainly long overdue and committee amendment in the nature of a the rescue effort handled by the Mine should have been done at least a cen- substitute. The previous question shall be Safety and Health Administration was considered as ordered on the bill and amend- tury ago. tragically mismanaged. The bill also requires oversight and ments thereto to final passage without inter- Following the tragedy, the New York accountability by the agency, demand- vening motion except one motion to recom- Times and other publications reported mit with or without instructions. ing that MSHA take a more active role that the Mine Safety and Health Ad- SEC. 2. During consideration in the House in protecting the safety of the workers. ministration ‘‘failed to conduct the re- of H.R. 2768 pursuant to this resolution, not- For example, MSHA will be required to withstanding the operation of the previous quired inspections . . . at 107 of the Na- carefully review every plan for the no- question, the Chair may postpone further tion’s 731 underground coal mines,’’ toriously dangerous practice known as consideration of the bill to such time as may and ‘‘that the agency had misstated ‘‘retreat mining’’ and to physically ob- be designated by the Speaker. the number of inspections it had con- serve the process when it begins. In ad- The SPEAKER pro tempore. The gen- ducted, apparently to inflate its rate of dition, they will be required to issue tlewoman from New York is recognized completed inspections.’’ for 1 hour. emergency response plans. Remember Ms. SLAUGHTER. Madam Speaker, b 1130 that the Crandall Canyon Mine had al- for the purpose of debate only, I yield How tragic that is when lives are at ready been retreat-mined before these the customary 30 minutes to the gen- stake. Sadly, on the day of the acci- miners started work. tleman from Washington (Mr. dent, we saw it was not NIOSH that Furthermore, the bill is an important HASTINGS). All time yielded during con- was in charge of safety for the miners, tool to enhance the safety and security sideration of the rule is for debate but the owner, concerned only with his of miners. It creates a miner ombuds- only. bottom line. man office to process incoming com- GENERAL LEAVE Madam Speaker, the evidence shows plaints and to assist whistleblowers Ms. SLAUGHTER. Madam Speaker, I that, despite significant progress over while establishing solid ground rules ask unanimous consent that all Mem- the last several decades, mining re- for independent investigation of mul- bers be given 5 legislative days in mains one of the most dangerous jobs tiple fatality mine accidents. In addi- which to revise and extend their re- in America. Mining fatalities occur at tion, it requires improved communica- marks on House Resolution 918. a rate more than seven times the aver- tions and tracking systems, and it cuts The SPEAKER pro tempore. Is there age for all private industries, far ex- the coal dust exposure limit in half, objection to the request of the gentle- ceeding other dangerous occupations. which is so important because I learned woman from New York? Last year alone, 56 miners died on the yesterday from Chairman MILLER that There was no objection. job in the United States. black lung disease, one of the most Ms. SLAUGHTER. Madam Speaker, I Unfortunately, the tragedy at awful ways to live and die, is on the up- yield myself such time as I may con- Crandall Canyon Mine was only the surge. sume. latest in a series of mine disasters, in- While this legislation takes H. Res. 918 provides for consideration cluding three others last year which groundbreaking steps to protect min- of H.R. 2768, the Supplemental Mine combined claimed 19 lives, the Sago ers, we still have a long way to go to Improvement and New Emergency Re- Mine explosion, the fire at Aracoma ensure that mining no longer carries sponse Act, under a structured rule. Alma Mine, and the Kentucky Darmy the ominous description of ‘‘one of As the Clerk just read, the rule pro- Mine. America’s most deadly professions.’’ vides 1 hour of general debate con- Madam Speaker, Congress owes it to More must be done to reduce long-term trolled by the Committee on Education the victims and to their families to health risks facing miners, such as

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.004 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H41 black lung disease, which can be just as met all of its statutory deadlines in the jurisdiction of the Committee on deadly as on-the-job tragedies. We implementing the new law. However, Education and Labor has been consid- must expand on the MINER Act until Democratic leaders have chosen to ered under an open rule. Sadly, today’s tragedies like Crandall Canyon are a bring forth the Supplemental Mine Im- bill is no exception. Nonetheless, I do thing of the past and the death toll provement and New Emergency Re- want to thank the majority for making ceases to rise. Many oversight hearings sponse Act, which ignores the progress the Republican substitute in order. I conducted by the Committee on Edu- that has been made, and further, pro- believe the S–MINER Act is fundamen- cation and Labor concluded that not vides no opportunity for stakeholder tally flawed and cannot be fixed with only were the recent mining disasters participation in the regulatory process discrete amendments. As such, any- preventable, but that the risk of a re- and imposes unrealistic time require- thing short of the Republican sub- peat incident is still very real. ments on employers. stitute will only result in cosmetic I would like to take a moment to In addition, it is concerning that this changes to a bill whose flaws run much commend the House Education and bill would allow technology to be deeper. Labor Committee under the wonderful placed in mines that has not been Each of us recognizes the importance leadership of Chairman GEORGE MIL- deemed ‘‘intrinsically safe’’ by the of mine safety. The individuals who LER. It was Mr. MILLER who leapt into Mine Safety and Health Administra- work in mines supply the energy that action to take on this immense respon- tion. This has the potential, Madam powers this Nation. Their job is dan- sibility. Speaker, to result in serious safety gerous, yet vital, and keeping them This represents a marked change in issues, such as maybe an explosion. safe is critical. the way the Congress has been oper- Another major safety concern is that Our commitment to mine safety is ating following last year’s election. this bill creates a two-tiered notifica- nothing new. In fact, it was nearly 2 Since Democrats regained control of tion system in the event of an acci- years ago that we first took up the the House and Senate last November, dent, with one set of reportable inci- MINER Act in an effort to implement we have once again begun to use two of dents being subject to be reported the most comprehensive reforms to the most basic tools in our legislative within 15 minutes and another set mine safety in a generation. That bill tool box, they are oversight and inves- within an hour. Madam Speaker, cur- enjoyed broad bipartisan support as tigation, and today’s bill is no excep- rent law requires a mine operator to well as the backing of both labor and tion. call the Mine Safety and Health Ad- industry. The bill shows our commitment to ministration within 15 minutes of a re- The MINER Act was signed into law proactively advocate for working men portable incident or face a fine. This just a year and a half ago, and already and women, especially the victims and new confusing tiered system could po- it is producing major changes in the families of disasters like that that oc- tentially lessen protection to miners. operation of our Nation’s mines. The curred at Crandall Canyon last August. Lastly, this bill does not empower all law included an aggressive implemen- We must do everything we can to en- miners to participate in the develop- tation timetable, and the mining com- ment of safety policies and procedures sure that every single miner is able to munity has acted quickly to embrace through the formation of safety teams. return home at the end of the day to the law and make its required changes. Currently, miners who are not part of a their family. I am proud to say this is, Our committee has monitored imple- union can be prohibited from working at its heart, the true intention of this mentation of the MINER Act in order with management to promote safety. bill. to ensure it is quickly and effectively Representatives KLINE of Minnesota Madam Speaker, I reserve the bal- put into place. There should be no and WILSON of South Carolina will be ance of my time. question about our commitment to offering a substitute amendment later Mr. HASTINGS of Washington. mine safety. Yet, here we are today to to end this discrimination between Madam Speaker, I thank the chair- consider a bill that in many ways ig- union and nonunion employees. All woman of the Rules Committee, Ms. nores the progress that has been made. miners should be able to have a say SLAUGHTER, for yielding me the cus- At best, the S–MINER Act is pre- tomary 30 minutes. when it comes to their safety, and this mature. The 2006 MINER Act has not I yield myself as much time as I may bill fails to do that. yet been given the chance to take root, Before enacting additional legisla- consume. with many of its reforms still being de- tion that could be counterproductive, (Mr. HASTINGS of Washington asked veloped by MSHA and those in the Congress should allow current law to and was given permission to revise and field. At worst, the S–MINER Act could be fully implemented. Congress should extend his remarks.) actually derail ongoing progress by also review the law first before dic- Mr. HASTINGS of Washington. sending regulators and the mining tating mine safety regulations that fail Madam Speaker, it is imperative that community back to square one on to advance safety, potentially threat- the over 200,000 miners in the United many critical safety issues. States work in a safe environment. ens jobs, and impose over $1 billion in I would like to quote from an article Tragedies in recent years have high- unfunded mandates on the mining in- published by the Lexington, Kentucky lighted the need to improve mine safe- dustry. Herald-Leader by Rick Honaker, Min- So, Madam Speaker, I urge my col- ty. In an effort to improve mine safety ing Foundation distinguished professor leagues to vote against this rule and and prevent future tragedies, I was and chairman of the University of Ken- pleased that in 2006 the Senate unani- the underlying legislation. Madam Speaker, I reserve the bal- tucky department of mining engineer- mously, and the House overwhelm- ance of my time. ing: ingly, passed the Mine Improvement Ms. SLAUGHTER. Madam Speaker, I ‘‘But now it seems very strange, al- and New Emergency Response (MINER) would like to inquire if the gentleman most incomprehensible, that a move is Act, which was signed into law. This from Washington has any remaining afoot in Congress to impose an entirely comprehensive, overwhelmingly bipar- speakers. new set of requirements on coal mine tisan law represented a significant Mr. HASTINGS of Washington. I do operators and mine inspectors even be- step, the first in some 30 years, forward have another speaker. fore there has been an opportunity to in improving mine safety. But, Madam Ms. SLAUGHTER. Madam Speaker, I comply with the far-reaching provi- Speaker, it’s unfortunate that today reserve the balance of my time. sions of the MINER Act. It threatens to Democrat leaders have put bipartisan- Mr. HASTINGS of Washington. At disrupt the all-important emergency ship aside and brought forth a rule to this time, I would like to recognize the rescue provisions of the law. Simply allow the House to consider legislation ranking member of the Workforce put, additional legislation now serves that threatens to jeopardize, not im- Committee, Mr. MCKEON, for 5 min- no useful purpose.’’ prove, meaningful achievements and utes. Madam Speaker, Republicans have efforts currently under way. Mr. MCKEON. I thank the gentleman developed an alternative to the S– The MINER law of 2006 is still being for yielding. MINER Act that we believe strikes the implemented, and to date, the Mine Since the 110th Congress was gaveled appropriate balance between strength- Safety and Health Administration has into session, not a single bill within ening mine safety and maintaining the

VerDate Aug 31 2005 23:52 Jan 16, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.025 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H42 CONGRESSIONAL RECORD — HOUSE January 16, 2008 widely supported reforms enacted less Mr. HASTINGS of Washington. sideration for amendment by a member of a than 2 years ago. First and foremost, Madam Speaker, I yield myself the bal- committee of initial referral under the terms our substitute underscores the impor- ance of my time. of a special rule.) The question of order on September 25 in- tance of the MINER Act reforms and Madam Speaker, for the last several volved a special rule providing for a motion restates our commitment to seeing months, Republicans have highlighted to dispose of an amendment between the them implemented fully and forcefully. the need to change the House rules in Houses. As such, clause 9(a) was inapposite. In addition to supporting these strong order to restore accountability and en- It had no application to the motion in the reforms, our substitute goes further to forceability to the earmark rule. first instance. Accordingly, Speaker pro protect miners by allowing them to be Clearly, the rules are flawed when it tempore Holden held that the special rule full participants in the safety process. comes to enforceability of earmarks. had no tendency to waive any application of During the Education and Labor House Republicans believe every ear- clause 9(a). The question of order on Sep- tember 27 involved a special rule providing Committee’s consideration of this bill, mark should be debatable on the House (in pertinent part) that an amendment be Representative KLINE offered an floor, but time after time Members considered as adopted. Speaker pro tempore amendment that would have taken have been denied the opportunity to Blumenauer employed the same rationale to meaningful steps to enhance mine safe- challenge earmarks during consider- hold that, because clause 9(a) had no applica- ty, without jeopardizing work already ation of the rule and the bill. tion to the amendment in the first instance, under way. That amendment, like our Over the last several months, we the special rule had no tendency to waive substitute, would empower miners by have learned that the earmark rule any application of clause 9(a). The same would be true in the more com- directly engaging them in the develop- does not apply when considering mon case of a committee amendment in the ment of safety policies and procedures amendments between the Houses. This nature of a substitute made in order as origi- through the formation of safety teams. loophole has prevented numerous ear- nal text for the purpose of further amend- Currently, nonunionized miners may be marks from being challenged in the en- ment. Clause 9(a) of rule XXI is inapposite to prohibited from working with manage- ergy bill, the State Children’s Health such an amendment. ment to promote safety through teams. Insurance Program expansion legisla- In none of these scenarios would a ruling To further protect miners, our sub- tion, and the omnibus bill, which con- by a presiding officer hold that earmarks are stitute would enhance the MINER Act or are not included in a particular measure tained nearly 9,000 earmarks, including or proposition. Under clause 9(b) of rule XXI, reforms by fostering communication at least 150 earmarks that were air- the threshold question for the Chair—the between MSHA and the Bureau of Land dropped in the bill at the last minute. cognizability of a point of order—turns on Management; studying the conditions Madam Speaker, in October Parlia- whether the earmark-disclosure require- the next generation of miners will face mentarian John Sullivan sent a letter ments of clause 9(a) of rule XXI apply to the with deep mine conditions, as well as to Chairwoman SLAUGHTER confirming object of the special rule in the first place. fostering a better understanding of re- that the current rules are flawed as Embedded in the question whether a special treat mining using pillar removal; and they relate to earmarks. In his letter, rule waives the application of clause 9(a) is clarifying information dissemination the question whether clause 9(a) has any ap- he states the earmark rule ‘‘does not plication. in the event of a tragedy. comprehensively apply to all legisla- In these cases to which clause 9 of rule XXI Lastly, we would implement a test- tive propositions at all stages of the has no application in the first instance, stat- ing program for illegal substances. legislative process.’’ ing a waiver of all points of order except This would not only protect those in Madam Speaker, I will insert this let- those arising under that rule—when none the mines, but also identify miners ter from House Parliamentarian John can so arise—would be, at best, gratuitous. who are struggling with addiction and Sullivan into the RECORD. Its negative implication would be that such in need of help. The States of Virginia a point of order might lie. That would be as HOUSE OF REPRESENTATIVES, confusing as a waiver of all points of order and Kentucky have already imple- OFFICE OF THE PARLIAMENTARIAN, against provisions of an authorization bill mented this safety measure, and min- Washington, DC, October 2, 2007. except those that can only arise in the case ers have been protected because of it. Hon. LOUISE MCINTOSH SLAUGHTER, of a general appropriation bill (e.g., clause 2 Madam Speaker, I cannot help but Committee on Rules, House of Representatives, of rule XXI). Both in this area and as a gen- notice that the amendment offered by Washington, DC eral principle, we try hard not to use lan- the distinguished chairman of the com- DEAR CHAIRWOMAN SLAUGHTER: Thank you guage that yields a misleading implication. for your letter of October 2, 2007, asking for I appreciate your consideration and trust mittee also includes a provision to ad- an elucidation of our advice on how best to dress the issue of drug abuse among that this response is to be shared among all word a special rule. As you also know, we members of the committee. Our office will miners. I also cannot help but notice have advised the committee that language share it with all inquiring parties. that this provision was inserted at the waiving all points of order ‘‘except those Sincerely, very last possible minute, several arising under clause 9 of rule XXI’’ should JOHN V. SULLIVAN, hours after the deadline for amend- not be adopted as boilerplate for all special Parliamentarian. ments to the Rules Committee. I hope rules, notwithstanding that the committee Madam Speaker, today I will be ask- this 11th-hour acknowledgement of the may be resolved not to recommend that the House waive the earmark-disclosure require- ing my colleagues to vote ‘‘no’’ on the crippling problem of drug abuse among ments of clause 9. previous question so that I can amend miners is a signal of genuine interest In rule XXI, clause 9(a) establishes a point the rule in order to close the loopholes in addressing the issue. Unfortunately, of order against undisclosed earmarks in cer- and restore accountability and enforce- by providing only a study rather than a tain measures and clause 9(b) establishes a ability to the House earmark rules. strong testing program like that called point of order against a special rule that Madam Speaker, I ask unanimous for by Republicans, this gesture rings waives the application of clause 9(a). As illu- consent that the text of the amend- hollow. minated in the rulings of September 25 and ment and extraneous material be in- Madam Speaker, although the rule 27, 2007, clause 9(a) of rule XXI does not com- prehensively apply to all legislative propo- serted into the RECORD prior to the makes in order a strong Republican al- sitions at all stages of the legislative proc- vote on the previous question. ternative, it remains flawed because it ess. The SPEAKER pro tempore. Is there allows consideration of a bill that Clause 9(a) addresses the disclosure of ear- objection to the request of the gen- should not pass. marks in a bill or joint resolution, in a con- tleman from Washington? ference report on a bill or joint resolution, or There was no objection. 1145 b in a so-called ‘‘manager’s amendment’’ to a Mr. HASTINGS of Washington. The S–MINER Act abandons bipar- bill or joint resolution. Other forms of Madam Speaker, I urge my colleagues tisan mine safety reforms and replaces amendment—whether they be floor amend- to vote ‘‘no’’ on the previous question, stakeholder expertise with bureau- ments during initial House consideration or oppose the rule. cratic Washington mandates that later amendments between the Houses—are Madam Speaker, I yield back the bal- threaten mine workers’ jobs. I urge a not covered. (One might surmise that those who developed the rule felt that proposals to ance of my time. ‘‘no’’ vote. amend are naturally subject to immediate Ms. SLAUGHTER. Madam Speaker, I Ms. SLAUGHTER. Madam Speaker, I peer review, though they harbored reserva- urge a ‘‘yes’’ vote on the previous ques- have no further requests for time, and tions about the so-called ‘‘manager’s amend- tion so that we can give more safety to I reserve the balance of my time. ment,’’ i.e., one offered at the outset of con- the miners who work day after day in

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.027 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H43 sometimes unsafe and unspeakable Deschler’s Procedure in the U.S. House of Lewis (GA) Olver Skelton conditions. I also urge a ‘‘yes’’ vote on Representatives, the subchapter titled Lipinski Ortiz Slaughter ‘‘Amending Special Rules’’ states: ‘‘a refusal Loebsack Pallone Smith (WA) the rule. Lofgren, Zoe Pascrell Snyder to order the previous question on such a rule The material previously referred to Lowey Pastor Solis [a special rule reported from the Committee by Mr. HASTINGS of Washington is as Lynch Payne Space on Rules] opens the resolution to amend- Mahoney (FL) Perlmutter Spratt follows: ment and further debate.’’ (Chapter 21, sec- Maloney (NY) Peterson (MN) Stark AMENDMENT TO H. RES. 918 tion 21.2) Section 21.3 continues: Upon rejec- Markey Pomeroy Stupak OFFERED BY MR. HASTINGS OF WASHINGTON tion of the motion for the previous question Marshall Price (NC) Sutton At the end of the resolution, add the fol- on a resolution reported from the Committee Matheson Rahall Tauscher Matsui Rangel Taylor lowing: on Rules, control shifts to the Member lead- McCarthy (NY) Reyes Thompson (CA) SEC. 3. That immediately upon the adop- ing the opposition to the previous question, McCollum (MN) Richardson Thompson (MS) tion of this resolution the House shall, with- who may offer a proper amendment or mo- McDermott Rodriguez Tierney out intervention of any point of order, con- tion and who controls the time for debate McGovern Ross Towns sider the resolution (H. Res. 479) to amend thereon.’’ McIntyre Rothman Tsongas the Rules of the House of Representatives to Clearly, the vote on the previous question McNerney Roybal-Allard Udall (CO) provide for enforcement of clause 9 of rule on a rule does have substantive policy impli- McNulty Ruppersberger Udall (NM) XXI of the Rules of the House of Representa- Meek (FL) Rush Van Hollen cations. It is one of the only available tools ´ tives. The resolution shall be considered as Melancon Ryan (OH) Velazquez for those who oppose the Democratic major- Michaud Salazar Visclosky read. The previous question shall be consid- ity’s agenda and allows those with alter- Miller (NC) Sa´ nchez, Linda Walz (MN) ered as ordered on the resolution to final native views the opportunity to offer an al- Miller, George T. Wasserman adoption without intervening motion or de- ternative plan. Mitchell Sanchez, Loretta Schultz mand for division of the question except: (1) Mollohan Sarbanes Waters one hour of debate equally divided and con- Ms. SLAUGHTER. Madam Speaker, I Moore (KS) Schakowsky Watson trolled by the chairman and ranking minor- yield back the balance of my time, and Moore (WI) Schiff Watt ity member of the Committee on Rules; and I move the previous question on the Moran (VA) Schwartz Waxman Murphy (CT) Scott (GA) Weiner (2) one motion to recommit. resolution. Murphy, Patrick Scott (VA) Welch (VT) The SPEAKER pro tempore. The Murtha Serrano Wexler (The information contained herein was question is on ordering the previous Nadler Sestak Wilson (OH) provided by Democratic Minority on mul- Napolitano Shea-Porter Woolsey tiple occasions throughout the 109th Con- question. Neal (MA) Sherman Wu gress.) The question was taken; and the Oberstar Shuler Wynn THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that Obey Sires Yarmuth IT REALLY MEANS the noes appeared to have it. NAYS—191 This vote, the vote on whether to order the Ms. SLAUGHTER. Madam Speaker, Aderholt Ferguson McKeon previous question on a special rule, is not on that I demand the yeas and nays. Akin Flake McMorris merely a procedural vote. A vote against or- The yeas and nays were ordered. Alexander Fortenberry Rodgers dering the previous question is a vote Bachmann Foxx Mica against the Democratic majority agenda and The SPEAKER pro tempore. Pursu- Bachus Franks (AZ) Miller (FL) a vote to allow the opposition, at least for ant to clause 8 and clause 9 of rule XX, Barrett (SC) Frelinghuysen Miller (MI) the moment, to offer an alternative plan. It this 15-minute vote on ordering the Barrow Gallegly Moran (KS) Bartlett (MD) Garrett (NJ) Murphy, Tim is a vote about what the House should be de- previous question will be followed by 5- Barton (TX) Gerlach Musgrave bating. minute votes on adoption of the resolu- Biggert Gilchrest Myrick Mr. Clarence Cannon’s Precedents of the tion, if ordered; suspending the rules Bilbray Gingrey Neugebauer House of Representatives, (VI, 308–311) de- Bilirakis Gohmert Nunes scribes the vote on the previous question on and agreeing to House Resolution 912; Bishop (UT) Goode Pearce the rule as ‘‘a motion to direct or control the and suspending the rules and agreeing Blackburn Goodlatte Pence consideration of the subject before the House to House Resolution 921. Blunt Granger Peterson (PA) being made by the Member in charge.’’ To The vote was taken by electronic de- Boehner Graves Petri defeat the previous question is to give the Bonner Hall (TX) Pickering vice, and there were—yeas 222, nays Bono Mack Hastings (WA) Pitts opposition a chance to decide the subject be- 191, not voting 17, as follows: Boozman Hayes Platts fore the House. Cannon cites the Speaker’s Boustany Heller Poe ruling of January 13, 1920, to the effect that [Roll No. 2] Brady (TX) Hensarling Porter ‘‘the refusal of the House to sustain the de- YEAS—222 Broun (GA) Herger Price (GA) Brown (SC) Hobson Pryce (OH) mand for the previous question passes the Abercrombie Costello Hall (NY) Brown-Waite, Hoekstra Putnam control of the resolution to the opposition’’ Ackerman Courtney Hare Ginny Hulshof Radanovich in order to offer an amendment. On March Allen Cramer Harman Buchanan Inglis (SC) Ramstad Altmire Crowley Hastings (FL) 15, 1909, a member of the majority party of- Burgess Issa Regula Andrews Cuellar Herseth Sandlin fered a rule resolution. The House defeated Burton (IN) Johnson (IL) Rehberg Arcuri Cummings Higgins the previous question and a member of the Buyer Johnson, Sam Reichert Baird Davis (AL) Hill opposition rose to a parliamentary inquiry, Calvert Jones (NC) Renzi Baldwin Davis (CA) Hinchey asking who was entitled to recognition. Camp (MI) Jordan Reynolds Bean Davis (IL) Hinojosa Campbell (CA) Keller Rogers (AL) Speaker Joseph G. Cannon (R–Illinois) said: Becerra Davis, Lincoln Hirono Cannon King (IA) Rogers (KY) ‘‘The previous question having been refused, Berman DeFazio Hodes Cantor King (NY) Rogers (MI) the gentleman from New York, Mr. Fitz- Bishop (GA) DeGette Holden Capito Kingston Rohrabacher Bishop (NY) Delahunt Holt gerald, who had asked the gentleman to Carter Kirk Ros-Lehtinen Blumenauer DeLauro Hooley yield to him for an amendment, is entitled to Castle Kline (MN) Roskam Boren Dicks Hoyer the first recognition.’’ Chabot Knollenberg Royce Boswell Dingell Inslee Because the vote today may look bad for Coble Kuhl (NY) Ryan (WI) Boucher Doggett Israel the Democratic majority they will say ‘‘the Cole (OK) LaHood Sali Boyd (FL) Donnelly Jackson (IL) Conaway Lamborn Saxton vote on the previous question is simply a Boyda (KS) Doyle Jackson-Lee Crenshaw Latham Schmidt vote on whether to proceed to an immediate Brady (PA) Edwards (TX) Cubin LaTourette Sensenbrenner vote on adopting the resolution . . . [and] has Braley (IA) Ellison Johnson (GA) Davis (KY) Latta Sessions Brown, Corrine Ellsworth Johnson, E. B. no substantive legislative or policy implica- Davis, David Lewis (CA) Shadegg Butterfield Emanuel Jones (OH) tions whatsoever.’’ But that is not what they Davis, Tom Lewis (KY) Shays Capps Engel Kagen have always said. Listen to the definition of Deal (GA) Linder Shuster Capuano Eshoo Kanjorski the previous question used in the Floor Pro- Dent LoBiondo Simpson Cardoza Etheridge Kaptur Diaz-Balart, L. Lucas Smith (NE) cedures Manual published by the Rules Com- Carnahan Farr Kennedy Diaz-Balart, M. Lungren, Daniel Smith (NJ) mittee in the 109th Congress, (page 56). Carney Fattah Kildee Doolittle E. Smith (TX) Here’s how the Rules Committee described Castor Filner Kilpatrick Drake Mack Souder Chandler Frank (MA) Kind the rule using information from Congres- Dreier Manzullo Stearns Clarke Giffords Klein (FL) sional Quarterly’s ‘‘American Congressional Duncan Marchant Sullivan Clay Gillibrand Kucinich Dictionary’’: ‘‘If the previous question is de- Ehlers McCarthy (CA) Tancredo Cleaver Gonzalez Lampson feated, control of debate shifts to the leading Emerson McCaul (TX) Terry Clyburn Gordon Langevin English (PA) McCotter Thornberry opposition member (usually the minority Cohen Green, Al Larsen (WA) Everett McCrery Tiahrt Floor Manager) who then manages an hour Conyers Green, Gene Larson (CT) Fallin McHenry Tiberi of debate and may offer a germane amend- Cooper Grijalva Lee Feeney McHugh Turner ment to the pending business.’’ Costa Gutierrez Levin

VerDate Aug 31 2005 00:58 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.029 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H44 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Upton Weldon (FL) Wittman (VA) Dingell Klein (FL) Porter Watson Wexler Woolsey Walberg Weller Wolf Doggett Kline (MN) Price (GA) Watt Whitfield (KY) Wu Walden (OR) Whitfield (KY) Young (AK) Donnelly Knollenberg Price (NC) Waxman Wilson (NM) Wynn Walsh (NY) Wilson (NM) Young (FL) Doolittle Kucinich Pryce (OH) Weiner Wilson (OH) Yarmuth Wamp Wilson (SC) Doyle Kuhl (NY) Putnam Welch (VT) Wilson (SC) Young (AK) Drake LaHood Radanovich Weldon (FL) Wittman (VA) Young (FL) NOT VOTING—17 Dreier Lamborn Rahall Weller Wolf Baca Fossella Miller, Gary Duncan Lampson Ramstad NOT VOTING—18 Baker Honda Paul Edwards Langevin Rangel Berkley Hunter Shimkus Ehlers Larsen (WA) Regula Baca Forbes Meeks (NY) Berry Jefferson Tanner Ellison Larson (CT) Rehberg Baker Fossella Miller, Gary Culberson Lantos Westmoreland Ellsworth Latham Reichert Berkley Honda Paul Forbes Meeks (NY) Emanuel LaTourette Renzi Berry Hunter Shimkus Emerson Latta Reyes Cole (OK) Jefferson Tanner b 1212 Engel Lee Reynolds Culberson Lantos Westmoreland English (PA) Levin Richardson Messrs. SESSIONS and MILLER of Eshoo Lewis (CA) Rodriguez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Florida changed their vote from ‘‘yea’’ Etheridge Lewis (GA) Rogers (AL) The SPEAKER pro tempore (during to ‘‘nay.’’ Everett Lewis (KY) Rogers (KY) the vote). There are 2 minutes remain- So the previous question was ordered. Fallin Linder Rogers (MI) Farr Lipinski Rohrabacher ing on this vote. We are encouraging The result of the vote was announced Fattah LoBiondo Ros-Lehtinen Members to hurry up and vote, please. as above recorded. Feeney Loebsack Roskam The SPEAKER pro tempore. The Ferguson Lofgren, Zoe Ross b 1220 question is on the resolution. Filner Lowey Rothman Flake Lucas Roybal-Allard Mr. WELLER of Illinois changed his The resolution was agreed to. Fortenberry Lungren, Daniel Royce vote from ‘‘nay’’ to ‘‘yea.’’ A motion to reconsider was laid on Foxx E. Ruppersberger So (two-thirds being in the affirma- the table. Frank (MA) Lynch Rush Franks (AZ) Mack Ryan (OH) tive) the rules were suspended and the f Frelinghuysen Mahoney (FL) Ryan (WI) resolution was agreed to. Gallegly Maloney (NY) Salazar The result of the vote was announced Garrett (NJ) Manzullo Sali CONDEMNING ASSASSINATION OF as above recorded. FORMER PAKISTANI PRIME MIN- Gerlach Marchant Sa´ nchez, Linda Giffords Markey T. A motion to reconsider was laid on ISTER BENAZIR BHUTTO AND Gilchrest Marshall Sanchez, Loretta the table. REAFFIRMING COMMITMENT OF Gillibrand Matheson Sarbanes UNITED STATES TO ASSIST PEO- Gingrey Matsui Saxton Gohmert McCarthy (CA) Schakowsky f PLE OF PAKISTAN Gonzalez McCarthy (NY) Schiff The SPEAKER pro tempore. The un- Goode McCaul (TX) Schmidt PROVIDING FOR CONCURRENCE BY Goodlatte McCollum (MN) Schwartz finished business is the vote on the mo- Gordon McCotter Scott (GA) HOUSE WITH AMENDMENT IN tion to suspend the rules and agree to Granger McCrery Scott (VA) SENATE AMENDMENT TO H.R. the resolution, H. Res. 912, on which Graves McDermott Sensenbrenner 4253, MILITARY RESERVIST AND the yeas and nays were ordered. Green, Al McGovern Serrano VETERAN SMALL BUSINESS RE- Green, Gene McHenry Sessions The Clerk read the title of the resolu- Grijalva McHugh Sestak AUTHORIZATION AND OPPOR- tion. Gutierrez McIntyre Shadegg TUNITY ACT OF 2008 The SPEAKER pro tempore. The Hall (NY) McKeon Shays The SPEAKER pro tempore. The un- question is on the motion offered by Hall (TX) McMorris Shea-Porter Hare Rodgers Sherman finished business is the vote on the mo- the gentleman from New York (Mr. Harman McNerney Shuler tion to suspend the rules and agree to ACKERMAN) that the House suspend the Hastings (FL) McNulty Shuster the resolution, H. Res. 921, on which rules and agree to the resolution, H. Hastings (WA) Meek (FL) Simpson Hayes Melancon Sires the yeas and nays were ordered. Res. 912. Heller Mica Skelton The Clerk read the title of the resolu- This will be a 5-minute vote. Hensarling Michaud Slaughter tion. The vote was taken by electronic de- Herger Miller (FL) Smith (NE) The SPEAKER pro tempore. The vice, and there were—yeas 413, nays 0, Herseth Sandlin Miller (MI) Smith (NJ) Higgins Miller (NC) Smith (TX) question is on the motion offered by not voting 18, as follows: Hill Miller, George Smith (WA) the gentlewoman from New York (Ms. [Roll No. 3] Hinchey Mitchell Snyder VELA´ ZQUEZ) that the House suspend the Hinojosa Mollohan Solis YEAS—413 Hirono Moore (KS) Souder rules and agree to the resolution, H. Abercrombie Boswell Clarke Hobson Moore (WI) Space Res. 921. Ackerman Boucher Clay Hodes Moran (KS) Spratt This will be a 5-minute vote. Aderholt Boustany Cleaver Hoekstra Moran (VA) Stark Akin Boyd (FL) Clyburn Holden Murphy (CT) Stearns The vote was taken by electronic de- Alexander Boyda (KS) Coble Holt Murphy, Patrick Stupak vice, and there were—yeas 406, nays 2, Allen Brady (PA) Cohen Hooley Murphy, Tim Sullivan not voting 22, as follows: Altmire Brady (TX) Conaway Hoyer Murtha Sutton Andrews Braley (IA) Conyers Hulshof Musgrave Tancredo [Roll No. 4] Arcuri Broun (GA) Cooper Inglis (SC) Myrick Tauscher YEAS—406 Bachmann Brown (SC) Costa Inslee Nadler Taylor Abercrombie Bishop (UT) Calvert Bachus Brown, Corrine Costello Israel Napolitano Terry Ackerman Blackburn Camp (MI) Baird Brown-Waite, Courtney Issa Neal (MA) Thompson (CA) Aderholt Blumenauer Campbell (CA) Baldwin Ginny Cramer Jackson (IL) Neugebauer Thompson (MS) Akin Blunt Cannon Barrett (SC) Buchanan Crenshaw Jackson-Lee Nunes Thornberry Alexander Boehner Cantor Barrow Burgess Crowley (TX) Oberstar Tiahrt Allen Bonner Capito Bartlett (MD) Burton (IN) Cubin Johnson (GA) Obey Tiberi Altmire Bono Mack Capps Barton (TX) Butterfield Cuellar Johnson (IL) Olver Tierney Andrews Boozman Capuano Bean Buyer Cummings Johnson, E. B. Ortiz Towns Arcuri Boren Cardoza Becerra Calvert Davis (AL) Johnson, Sam Pallone Tsongas Bachmann Boswell Carnahan Berman Camp (MI) Davis (CA) Jones (NC) Pascrell Turner Bachus Boucher Carney Biggert Campbell (CA) Davis (IL) Jones (OH) Pastor Udall (CO) Baird Boustany Carter Bilbray Cannon Davis (KY) Jordan Payne Udall (NM) Baldwin Boyd (FL) Castle Bilirakis Cantor Davis, David Kagen Pearce Upton Barrett (SC) Boyda (KS) Castor Bishop (GA) Capito Davis, Lincoln Kanjorski Pelosi Van Hollen Barrow Brady (PA) Chabot Bishop (NY) Capps ´ Davis, Tom Kaptur Pence Velazquez Bartlett (MD) Brady (TX) Chandler Bishop (UT) Capuano Deal (GA) Keller Perlmutter Visclosky Barton (TX) Braley (IA) Clarke Blackburn Cardoza DeFazio Kennedy Peterson (MN) Walberg Bean Brown (SC) Clay Blumenauer Carnahan DeGette Kildee Peterson (PA) Walden (OR) Becerra Brown, Corrine Cleaver Blunt Carney Delahunt Kilpatrick Petri Walsh (NY) Berman Brown-Waite, Clyburn Boehner Carter DeLauro Kind Pickering Walz (MN) Biggert Ginny Coble Bonner Castle Dent King (IA) Pitts Wamp Bilirakis Buchanan Cohen Bono Mack Castor Diaz-Balart, L. King (NY) Platts Wasserman Bishop (GA) Butterfield Cole (OK) Boozman Chabot Diaz-Balart, M. Kingston Poe Schultz Bishop (NY) Buyer Conaway Boren Chandler Dicks Kirk Pomeroy Waters

VerDate Aug 31 2005 00:58 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.014 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H45 Conyers Inslee Napolitano Thompson (CA) Walberg Wexler from California (Mr. MCKEON) each will Cooper Israel Neal (MA) Thompson (MS) Walden (OR) Whitfield (KY) control 30 minutes. Costa Issa Neugebauer Thornberry Walsh (NY) Wilson (NM) Costello Jackson (IL) Nunes Tiahrt Walz (MN) Wilson (OH) The Chair recognizes the gentleman Courtney Jackson-Lee Oberstar Tiberi Wamp Wilson (SC) from California (Mr. GEORGE MILLER). Cramer (TX) Obey Tierney Wasserman Wittman (VA) Mr. GEORGE MILLER of California. Crenshaw Johnson (IL) Olver Towns Schultz Wolf Mr. Chairman, today I rise in strong Crowley Johnson, E. B. Ortiz Tsongas Waters Woolsey Turner Watson support of legislation that would great- Cubin Johnson, Sam Pallone Wu Udall (CO) Watt Cuellar Jones (NC) Pascrell Wynn ly enhance the health and safety pro- Cummings Jones (OH) Pastor Udall (NM) Waxman Yarmuth tections in the Nation’s coal mines. Davis (AL) Jordan Payne Upton Weiner Young (AK) Despite significant progress over the Davis (CA) Kagen Pearce Van Hollen Welch (VT) Young (FL) Davis (IL) Kanjorski Pence Vela´ zquez Weldon (FL) last several decades, mining remains Davis (KY) Kaptur Perlmutter Visclosky Weller one of the most dangerous jobs in Davis, David Keller Peterson (MN) NAYS—2 America. Mining fatalities occur at a Davis, Lincoln Kennedy Peterson (PA) Davis, Tom Kildee Petri Broun (GA) Flake rate more than seven times the average Deal (GA) Kilpatrick Pickering of all private industries; and we are re- NOT VOTING—22 DeFazio Kind Pitts minded of how dangerous mining can DeGette King (IA) Platts Baca Forbes Meeks (NY) be by the tragedies like the one in Delahunt King (NY) Poe Baker Fossella Miller, Gary DeLauro Kingston Pomeroy Berkley Hastings (FL) Paul Utah in August of this last year, where Dent Kirk Porter Berry Honda Shimkus six miners and three rescuers died in Diaz-Balart, L. Klein (FL) Price (GA) Bilbray Hunter Tanner what appears to have been a prevent- Diaz-Balart, M. Kline (MN) Price (NC) Burgess Jefferson Westmoreland able disaster, and the tragedies of Ken- Dicks Knollenberg Pryce (OH) Burton (IN) Johnson (GA) Dingell Kucinich Putnam Culberson Lantos tucky and West Virginia in 2006. Doggett Kuhl (NY) Radanovich Accidents every year claim the lives ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Donnelly LaHood Rahall of one or two miners at a time. In 2007, Doolittle Lamborn Ramstad The SPEAKER pro tempore (during according to the Mine Safety and Doyle Lampson Rangel the vote). Members are advised 2 min- Drake Langevin Regula Health Administration, 32 coal miners Dreier Larsen (WA) Rehberg utes remain in this vote. and 31 metal and nonmetal miners died Duncan Larson (CT) Reichert b 1228 on the job. Miners also face serious Edwards Latham Renzi health risks, including a resurgence of Ehlers LaTourette Reyes So (two-thirds being in the affirma- Ellison Latta Reynolds tive) the rules were suspended and the black lung disease. Ellsworth Lee Richardson resolution was agreed to. The legislation we are considering Emanuel Levin Rodriguez The result of the vote was announced today, the S–MINER Act, builds on the Emerson Lewis (CA) Rogers (AL) work of the last Congress when it Engel Lewis (GA) Rogers (KY) as above recorded. English (PA) Lewis (KY) Rogers (MI) A motion to reconsider was laid on passed the MINER Act of 2006. The S- Eshoo Linder Rohrabacher the table. MINER Act represents a comprehen- Etheridge Lipinski Ros-Lehtinen sive approach to minimize the health Everett LoBiondo Roskam f Fallin Loebsack Ross and safety risks facing miners. It is Farr Lofgren, Zoe Rothman GENERAL LEAVE critical that Congress take this action, Fattah Lowey Roybal-Allard Mr. GEORGE MILLER of California. because one of the things that is clear Feeney Lucas Royce is that we cannot leave mine safety Ferguson Lungren, Daniel Ruppersberger Madam Speaker, I ask unanimous con- Filner E. Rush sent that all Members may have 5 leg- and health to the Bush administration. Fortenberry Lynch Ryan (OH) islative days in which to revise and ex- When the Sago Mine disaster oc- Foxx Mack Ryan (WI) tend their remarks and include extra- curred, we learned that the Bush ad- Frank (MA) Mahoney (FL) Salazar ministration had withdrawn or delayed Franks (AZ) Maloney (NY) Sali neous material on H.R. 2768. Frelinghuysen Manzullo Sa´ nchez, Linda The SPEAKER pro tempore. Is there more than a dozen health and safety Gallegly Marchant T. objection to the request of the gen- proposals that would have benefited Garrett (NJ) Markey Sanchez, Loretta tleman from California? miners. The Bush administration filled Gerlach Marshall Sarbanes top-level positions at MSHA with ex- Giffords Matheson Saxton There was no objection. Gilchrest Matsui Schakowsky ecutives from the very industry that Gillibrand McCarthy (CA) Schiff f the agency was charged with regu- Gingrey McCarthy (NY) Schmidt SUPPLEMENTAL MINE IMPROVE- lating. Dangerous rules favored by the Gohmert McCaul (TX) Schwartz Gonzalez McCollum (MN) Scott (GA) MENT AND NEW EMERGENCY RE- industry, which would leave miners Goode McCotter Scott (VA) SPONSE ACT OF 2007 vulnerable to aggressive ‘‘belt air’’ Goodlatte McCrery Sensenbrenner fires, became law under this adminis- Gordon McDermott Serrano The SPEAKER pro tempore. Pursu- Granger McGovern Sessions ant to House Resolution 918 and rule tration. Graves McHenry Sestak XVIII, the Chair declares the House in From 2001 to 2006, the Bush adminis- Green, Al McHugh Shadegg the Committee of the Whole House on tration gutted MSHA by cutting fund- Green, Gene McIntyre Shays ing and staffing, and especially in coal Grijalva McKeon Shea-Porter the state of the Union for the consider- Gutierrez McMorris Sherman ation of the bill, H.R. 2768. mine enforcement, where the worst Hall (NY) Rodgers Shuler tragedies would strike in 2006 and 2007. Hall (TX) McNerney Shuster b 1230 Even as coal production increased Hare McNulty Simpson around the country, the Bush adminis- Harman Meek (FL) Sires IN THE COMMITTEE OF THE WHOLE Hastings (WA) Melancon Skelton Accordingly, the House resolved tration cut the Mine Safety and Health Hayes Mica Slaughter itself into the Committee of the Whole Administration’s coal enforcement per- Heller Michaud Smith (NE) sonnel by 9 percent by 2006. And then Hensarling Miller (FL) Smith (NJ) House on the state of the Union for the Herger Miller (MI) Smith (TX) consideration of the bill (H.R. 2768) to came the Sago disaster, Aracoma Herseth Sandlin Miller (NC) Smith (WA) establish improved mandatory stand- Alma, Darby, and Crandall Canyon Higgins Miller, George Snyder ards to protect miners during emer- mines. Even after these recent trage- Hill Mitchell Solis dies, even after the MINER Act was en- Hinchey Mollohan Souder gencies, and for other purposes, with Hinojosa Moore (KS) Space Mr. GUTIERREZ in the chair. acted, we continue to see neglect from Hirono Moore (WI) Spratt The Clerk read the title of the bill. this administration. Hobson Moran (KS) Stark The Inspector General found this Hodes Moran (VA) Stearns b 1230 Hoekstra Murphy (CT) Stupak past fall that MSHA was failing to con- Holden Murphy, Patrick Sullivan The CHAIRMAN. Pursuant to the duct mandated inspections on time, Holt Murphy, Tim Sutton rule, the bill is considered read the leaving thousands of miners unpro- Hooley Murtha Tancredo first time. tected. In 2006 alone, MSHA failed to Hoyer Musgrave Tauscher Hulshof Myrick Taylor The gentleman from California (Mr. complete the required inspections of Inglis (SC) Nadler Terry GEORGE MILLER) and the gentleman 107 mines, employing 7,500 miners. And,

VerDate Aug 31 2005 00:54 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.015 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H46 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Secretary Chao failed to meet a simple translate into major changes within pact of drug abuse among miners came deadline under the MINER Act to the operation of our Nation’s mines. into sharp focus this past weekend, produce regulations on rescue teams, For that reason, we do not and we must when the front page of the Washington fundamental regulations on rescue not take a piecemeal approach to mine Post carried a story of miners who teams, at the end of this last year. reform. Rather, we should develop struggle with addiction to pain killers. The track record of this administra- thoughtful, comprehensive consensus We believe that mandatory drug test- tion on mine safety and health has reforms, and then give those reforms a ing is the most effective and, indeed, been horrendous, and Congress needs to chance to work. I am pleased to say the only way to immediately address act. That is why we are here today, to that we did just that less than 2 years the prevalence of drug abuse that is make sure that our government fulfills ago. In 2006, Congress passed the putting miners’ lives at risk. its obligations to protect those brave MINER Act which required MSHA to Our colleagues on the other side of men and women who risk their safety revise its penalties, increase penalties the aisle, however, appear to have dis- to keep this country running. for major violations, undertake several covered the devastation of drug abuse The S–MINER Act addresses three studies regarding mining practices, and among miners only late yesterday broad issues: disaster prevention; im- work to improve the technology for afternoon. At that time, several hours proved emergency response; and long- communications underground. The after the deadline for submitting term health risks. And I will talk more MINER Act received strong bipartisan, amendments, the chairman was per- about those areas in a moment. bicameral support. It was backed by mitted to resubmit a revised version of Later today, in addition to the un- both industry and labor, and its re- his manager’s package that included a derlying bill, I will be offering a man- forms were understood to be the most hastily drafted study of drug abuse ager’s amendment that makes modi- significant in a generation. among miners. While this amendment fications to the bill. Among other With the MINER Act, we called on may offer a fig leaf now that the issue things, that amendment will address the mining industry to overhaul itself, of drug abuse can no longer be ignored, the troubling problems of substance to develop and implement new tech- it should not be mistaken for a legiti- abuse. Because of injuries, overwork, nologies, and to comply with strong mate attempt to deter drug abuse in and stress that miners often suffer, we new protections that were to be devel- the way that testing would. have heard reports of substance abuse oped by the experts. This type of trans- Mr. Chairman, the S–MINER Act is among miners. formation cannot take place overnight; fundamentally flawed. It brings the I want to be absolutely clear. None of but let there be no doubt, change is progress of the 2006 MINER Act to a the recent mine tragedies have been well under way. jarring halt, creating instead a pack- linked to drug use in any way, but we Mr. Chairman, I fear that with this age of new prescriptive mandates from should nevertheless be proactive in bill before us, we run a very real risk of Washington. The bill imposes $1 billion heading off the dangers that drug use derailing that progress and returning in unfunded mandates on the mining poses to the miners. A few States have to square one on many critical mine community, placing the jobs of miners already adopted drug testing require- safety issues. H.R. 2768 ignores the in jeopardy. This bill is the wrong an- ments for miners. Most, if not all, of safety guidelines being developed swer at the wrong time for our Nation’s the large coal mining companies al- through expert research and review, miners. There is a better way. ready utilize some form of drug testing and replaces them with arbitrary new Mr. Chairman, I reserve the balance program. It will take further study to mandates established by Congress. This of my time. determine what role, if any, the Fed- bill makes an end run around the regu- Mr. GEORGE MILLER of California. eral Government should play here, but latory process, shutting stakeholders Mr. Chairman, I yield myself 30 sec- this issue should be dealt with. That is out. onds. why the amendment I will offer later Simply put, the S–MINER Act aban- My colleague from California said today will require the Secretary of dons the mine safety momentum of the that we had a study in this. Yes, we Labor to conduct a study on best prac- MINER Act and sends us back to the have a study for the Secretary to de- tices and will authorize her, within 6 drawing board. termine the best way to implement a months, to set up a drug testing and re- I appreciate Chairman MILLER’s con- drug testing and treatment program habilitation program for miners, in cern about the dangers faced by our after 6 months of talking to the States consultation with miners, their unions, Nation’s miners, and I share his desire and local agencies and the companies operators, State agencies, and public to see strong reforms in place that will and the miners. We don’t impose this health experts. promote safety. That is why Repub- from Washington. And then the Sec- Two other amendments will be of- licans will offer a substitute amend- retary, if she determines that it is fea- fered by Representatives BOUCHER and ment that would accomplish exactly sible, she is instructed to start the pro- ELLSWORTH to build upon and modify that. gram. this legislation, and I support those The Wilson/Kline amendment will We just thought it would be wise to amendments. balance successful implementation of consult the companies who have pro- I reserve the balance of my time. the 2006 MINER Act with a number of grams, States that have programs, the Mr. MCKEON. Mr. Chairman, I rise in mine safety enhancements. I look for- miners themselves, the local public support of mine safety and in opposi- ward to supporting that amendment health agencies. tion to this bill, and I yield myself when it is offered, because it provides a I yield 1 minute to the gentleman such time as I may consume. real opportunity to promote mine safe- from Iowa (Mr. BOSWELL). The men and women who work in and ty without backing away from the (Mr. BOSWELL asked and was given around our Nation’s mines are often progress that has been made. permission to revise and extend his re- unrecognized for the integral role they In addition to the Republican sub- marks.) play in powering our country. These in- stitute, we will consider a number of Mr. BOSWELL. Mr. Chairman, I dividuals work hard, in difficult and other amendments today, including think we all agree that, first and fore- often dangerous conditions, to unearth one to be offered by Chairman MILLER. most, safety is the top priority for ev- the raw materials that each of us relies I would be remiss, however, if I did not eryone involved in the mining indus- upon in our day-to-day lives. point out the rather transparent polit- try. We, as a Congress, must ensure While mining is inherently dan- ical expediency of one portion of that that legislation is heading in the right gerous, there are steps we can take to amendment. direction for the health and safety of mitigate that risk. For that reason, Included in the Republican substitute American miners. Over the past several mine safety has been an ongoing pri- is a proposal to implement mandatory years, we have seen bad safety condi- ority both legislatively and within the drug testing within the mining indus- tions and the devastating effects these context of oversight. try. A similar proposal was offered by conditions can have, not only on com- Although our commitment to mine the late Charlie Norwood, our col- munities, but on human life. safety is constant, we also recognize league from Georgia, who was a stal- We also must recognize the fact that that new mandates from Washington wart on this issue. The ravaging im- not all mining operations are the same.

VerDate Aug 31 2005 00:54 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.041 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H47 Repeat. Not all mining operations are In a letter to the State of West Vir- The Subcommittee on Workforce the same. So I understand, Mr. Chair- ginia, NIOSH expressed concerns stat- Protection, which I chair, had a hear- man, that you will continue to work ing, ‘‘Since findings from our field test- ing on this legislation in July. And the with us Members, that you just said a ing raise issues about the performance S–MINER Act actually puts teeth in moment ago, to address any concerns of such refuge chambers, NIOSH be- the MINER Act which Congress passed the bill raises as it moves through the lieves it is imperative to inform you of in 2006. Let me mention a few provi- process. And I want to thank Chairman our findings as soon as possible before sions which I think highlight why this MILLER for his leadership on this issue deployment of refuge chambers.’’ legislation is so very important. and his willingness to continue to work Mr. Chairman, later today I will join For example, while we know that and listen to other Members on the my committee colleague, Mr. WILSON, true wireless communications systems issue. He in fact is a true champion of in offering an amendment in the nature are not yet fully developed, tech- our Nation’s workers. of a substitute. This is a Republican nologies do exist that greatly improve Again, I would like to thank him for substitute that does not upend the communications between miners below yielding this time. mine safety progress currently under ground with those on the surface. The Mr. GEORGE MILLER of California. way. MINER Act requires that wireless com- I reserve the balance of my time. I urge my colleagues to vote ‘‘no’’ on munications systems be installed, but Mr. MCKEON. I am happy now to the S–MINER Act. not until the year 2009. Miners can’t yield to the gentleman from Minnesota Mr. GEORGE MILLER of California. wait until 2009. And the S–MINER Act Mr. Chairman, I yield myself 30 sec- (Mr. KLINE), the ranking member of the mandates that miners have commu- committee, such time as he may con- onds. nication capabilities now instead of The gentleman should have finished sume. having to go without until the most reading the rest of the letter where perfect system has been developed. b 1245 NIOSH says that these technical modi- One of the things that is so out- fications can be addressed quickly. Mr. KLINE of Minnesota. Mr. Chair- rageous, as I said, in this day and age And, in fact, the preliminary feedback man, today I rise in favor of mine safe- is that black lung is back, a disease ev- is that manufacturers have already ty but in strong opposition to the S– eryone thought was eradicated. This made many of these, and they have al- MINER Act. legislation, the S–MINER Act, requires ready been implemented. Read the Unfortunately, the bill as written the use by each miner of a personal whole letter. I suggest that the gen- does little to improve safety in our Na- dust monitor so that exposure to coal tleman on the other side of the aisle tion’s mines. As someone who voted for dust can be cut in half. And because the MINER Act, I am concerned that read the legislation, and when they want to introduce evidence, read the the committee recognizes it could be a this legislation derails much of what burden for mine operators to provide has already been achieved. I appreciate complete evidence. I yield 4 minutes to the gentlewoman this equipment to their employees, the that there is concern about the speed manager’s amendment authorizes $30 of implementation, but the answer is from California (Ms. WOOLSEY). Ms. WOOLSEY. Mr. Chairman, I am million for MSHA to pay for those de- not to call a halt to the work that has proud to be an original cosponsor of vices. already been done and completely turn H.R. 2768, the S–MINER Act. The In addition, the Crandall Canyon dis- direction. health and safety of miners is too im- aster showed us once again that retreat We have heard from mine engineer- portant to ignore or to delay, and it is mining is a perilous activity, and this ing academics that this bill is flawed. vitally important that we act now, not legislation requires MSHA to closely We have heard from over 28 industry tomorrow, not in another year, to pass review these plans. groups that this bill interrupts the this critical legislation. Another thing the families of miners progress being made in mine safety, I want to commend Chairman MILLER told us was that miners were afraid to while the Mine Safety and Health Ad- for putting together comprehensive come forward to report safety and ministration’s opinion has been dis- legislation that actually tackles the health violations. So this legislation missed by the other side, apparently problems plaguing mining for many, provides for a miner ombudsman to be until today, when we are going to turn many years. appointed to process complaints and over to MSHA the issue of drug testing. With this legislation, we can prevent assist whistleblowers with their cases. The President has issued a veto threat the appalling loss of life that we have And finally, this legislation requires citing safety concerns. had in the past couple of years at Sago, that physicians be created at MSHA to The statement of administration pol- at Darby, at Aracoma, and most re- be in charge of communicating with icy specifically states, ‘‘The require- cently at Crandall Canyon in Utah. families and the community while a ment to use boreholes to sample behind Since the year 2006, about 80 miners rescue effort is going on. mine seals weakens existing safety have been killed at their workplaces. In developing this legislation, we standards since boreholes have metal And that is in the 21st century. Don’t have done our utmost to reach out casings that could introduce an igni- forget, this is the 21st century. across the aisle and to all interest tion source, such as lightning, into an Now it is true that working condi- groups, including industry, to come up area of the mine that may contain ex- tions for miners have improved over with a bipartisan bill. plosive methane. The S–MINER bill the years, and we have come a long While industry does not support this would weaken current regulations re- ways since the turn of the last century bill, and shame on them, many of their quiring a mine operator to contact the when thousands of miners died every concerns are reflected in the current Mine Safety and Health Administra- year. But miners, who provide a valu- legislation and in Mr. MILLER’s man- tion within 15 minutes of a serious ac- able service to this country at great ager’s amendment. cident by creating a two-tiered notifi- danger to themselves, are still dying as Mr. Chairman, this is the 21st cen- cation system of 15 minutes or 1 hour a result of incidents that were prevent- tury and we must have 21st century so- depending on the severity of the inci- able had everyone been following the lutions to adequately protect miners in dent.’’ law. this country. Vote for the S–MINER I question how in good conscience we And black lung, a disease we thought Act. can be considering legislation that, ac- had pretty much been eradicated, is Mr. MCKEON. Mr. Chairman, we have cording to the very people who enforce back with a vengeance. This is abso- some speakers on their way to the floor the law, weakens current regulations. lutely unacceptable. and I would like to reserve our time. This bill is going to mandate the use I have heard on numerous occasions Mr. GEORGE MILLER of California. of refuge chambers, examples of which that miners love their jobs. So our job Mr. Chairman, I yield 2 minutes to the were demonstrated on Capitol Hill. The for them is to keep them as healthy gentleman from Illinois (Mr. HARE), a National Institute for Occupational and safe as possible so they will return member of the committee. Safety and Health, NIOSH, tested sev- home every night to their families at Mr. HARE. Mr. Chairman, I rise eral of these units and found serious the end of the working day and that today in strong support of this critical deficiencies. they will return safe and healthy. piece of legislation.

VerDate Aug 31 2005 00:54 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.042 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H48 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Mining remains one of the most dan- measure, coming on the heels of major into the field where they are needed gerous occupations in the United mine safety legislation in 2006, is too most. States, and our laws have not kept up much too soon. They argue that the So given these conditions, Mr. Chair- with the changes in the industry. As a Mine Safety and Health Administra- man, again I commend Chairman MIL- member of the House Education and tion is struggling to fix numerous prob- LER and urge passage of this legisla- Labor Committee, I participated in lems and must be allowed to imple- tion. several hearings on this issue. At one ment one bill before additional legisla- Mr. MCKEON. Mr. Chairman, I am in particular, I was touched by the lit- tive mandates are hefted upon them. happy to yield at this time to the rank- tle boy whose father had just been Now, that argument has a valid ing member on the Resources Com- killed in the Crandall Canyon tragedy. point. And yes, the industry is making mittee, the senior Republican from It is for him and the countless other strides to improve safety, especially in Alaska, Mr. YOUNG, such time as he children who will grow up without a my home State of West Virginia. may consume. mom or a dad that I believe, as Mem- But an equally valid argument can be (Mr. YOUNG of Alaska asked and was bers of Congress, we have the responsi- made that the Congress should not given permission to revise and extend bility to do all we can to ensure that simply sit back and hope that MSHA his remarks.) our miners are safe and come home to follows through on needed improve- Mr. YOUNG of Alaska. Mr. Chair- their families safely every night. ments. To do so would be to neglect man, here we go again; another nail in The recent tragedies at Sago, Darby our duty to serve as a check, and we the coffin of energy independence. An- and Crandall Canyon mines have made must not return to the hands-off men- other nail, in fact, adding to the unem- it apparent that the MINER Act of 2006 tality that allowed MSHA to slip into ployment rate. its recent dismal state of decline. has fallen short in some areas. The leg- b 1300 islation we are considering today ad- This legislation seeks to return to dresses these areas. I am particularly MSHA the business of protecting our If this bill was to become law, mines pleased that the bill grants MSHA the Nation’s miners, plain and simple. This will be shut down. They will be shut authority to shut down mines that should be our overall goal. MSHA has down. And what bothers me the most is have neglected to pay fines for safety strayed too far from its mission, and we had a bipartisan bill, actually it violations. Additionally, the retreat the MINER Act did not touch some was passed in 2006, I believe, or 2007, mining and whistleblower protections challenges that most agree need to be that improved the 1977 Mine Safety are much-needed improvements in the addressed. This bill supports a course Health Act. It was supported by every- bill. correction that now is taking place. It body, that side and this side, the ad- While the MINER Act of 2006 was a sets a high bar because its purpose is ministration. And we have not given very good first step towards improving the highest: the protection of the lives the time, that’s less than a year and a mine safety, it is clear that more work of our coal miners. And in this regard, half, given the time for the operators must be done. I believe today’s bill will we can never be too vigilant when it of these mines to even reach that re- take us that one step further in mak- comes to protecting the health and quirement that we said was the right ing mining a little safer. I urge my col- safety and well-being of our Nation’s thing to do. leagues to vote ‘‘yes’’ on this impor- coal miners. Now, it always amazes me. I don’t tant legislation. Most coal companies in my State think there’s much coal mining in Mr. GEORGE MILLER of California. work hard to ensure improved work- Vallejo or in the Bay Area or in Point Mr. Chairman, will the gentleman place safety, and they are making sig- Reyes. And I do respect the gentleman yield? nificant investment, for which they de- from West Virginia because he does Mr. HARE. I yield to the gentleman serve commendation. Likewise, most of have mining. And I’ve heard from his from California. the employees of MSHA, including operators in that area that there’s a Mr. GEORGE MILLER of California. those in my home State, are well-in- very difficult thought process going I thank the gentleman for his support tentioned, dedicated and hardworking. forth with this bill. Can they operate? of this legislation, and more impor- These individuals put their lives on the Because in this bill, they stop the abil- tantly, to thank him for all of his sup- line to save other lives, and they ity for belt air, which, in fact, was put port on behalf of workers during our should be recognized for that. in for safety purposes, supported by the first session of Congress. I thank you As well, my home State of West Vir- people who understand this, for dilut- for your attendance at the hearings ginia, above all others, has taken the ing methane and dust levels, and this and advocacy and questions on behalf challenge of improving mine conditions bill prohibits that. How is that improv- of workers. I know of your very strong seriously. But none of this excuses the ing the life of our miners? It is not. interest in miners, and I want to thank management of MSHA from doing its And more than that, I want to re- you for your advocacy on behalf of all job, and it certainly does not excuse mind people. As bad as it may appear, workers. the Federal legislative branch from its as very much, you know, heart wrench- Mr. HARE. I thank the chairman for responsibility to ensure that the senior ing when there is a death in a mine, we your comments and for your work. Federal agency charged with the safety still have the safest mining industry in There is not a more stand-up Member of our coal miners fulfills its statutory the world. China lost 6,000 people, that in this Congress for the working men mission. we know of last year in their coal and women of this Nation. First and foremost, MSHA is sup- mines; building one new coal fired Mr. GEORGE MILLER of California. posed to inspect mines to ensure that plant a week. I yield 31⁄2 minutes to the gentleman they are abiding by the law to operate And here we are, with this bill, if it from West Virginia (Mr. RAHALL). as safely as possible. That is its most was to become law, again, adding an- Mr. RAHALL. Mr. Chairman, I thank fundamental job, its reason for exist- other nail in our coffin for energy inde- the distinguished chairman of the Edu- ence. But yet, we found that MSHA pendence. Coal is a solution to this ter- cation and Labor Committee for yield- last year failed to complete more than rible dependence that we have on for- ing me this time, and commend him for 40 percent of its required quarterly in- eign oil. his career, lifelong service of dedica- spections in my own congressional dis- I was a little disappointed today tion to our working men and women of trict alone. That fact speaks most com- when I saw the President ask the OPEC this country. Chairman GEORGE MIL- pellingly for the need for this legisla- countries to produce more oil so we can LER has certainly shown over his career tion. lower the price. in this body that there is no person This bill would address that deadly Our fault in this country is we’re not that will take a second seat to him as lack of inspections at mines in south- producing oil on our lands, which we far as protecting the health, safety, ern West Virginia. It aims to provide have, and we’re not producing the coal, and well-being of our working men and for badly needed increases in the ranks which we have an abundance of. And I women. of highly trained inspectors, including believe, when saying this under the Mr. Chairman, there are those who bringing experienced retirees back into guise of helping the miner out, we are have argued on the other side that this service and directing limited resources jeopardizing their jobs, jeopardizing

VerDate Aug 31 2005 03:42 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.044 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H49 the economy in this country, and driv- You in fact had President Clinton veto MINER Act. We did it in a bipartisan ing us further into the depression opening of new oil discoveries in Alas- way. It was a very proud day for me, as which may occur. ka. a West Virginian, to stand with my fel- If that does happen, I want to com- Mr. GEORGE MILLER of California. low West Virginians, several Gov- pliment that side of the aisle, because That’s 10 years ago. ernors, the President of the United you haven’t addressed the issue of en- Mr. YOUNG of Alaska. Ten years ago. States. Members of my own commu- ergy. And I’m a little bit disappointed. Again, everybody tells me we can do it nity, from the Sago community, came I watched all the Presidential debates. at a later date. And what we’re doing is to the signing to sign the MINER Act. Not even on my side, let alone that nothing. I ask each one of you in this I’m proud of that effort, and I’m proud side, has anybody talked about solving room that’s sitting here today, I’m of the efforts that the companies have the energy problem in this country. We asking you, are we going to sit until moved forward to improve the safety must address that issue because our this whole country comes to a collapse since the enactment of the MINER Act. economy is based on energy that can because we’re not addressing the en- It has substantially tightened regula- move product. Every ship is fossilly ergy policy? The energy bill we passed tions and enforcement procedures, and driven. Every train is fossilly driven. here has produced no energy at all. the mining industry has made signifi- Every truck is fossilly driven. Every Mr. GEORGE MILLER of California. cant changes in operations and equip- car, everything you eat and everything I yield 2 minutes to the gentleman ment to comply with the strengthened you consume is delivered to you by fos- from New York (Mr. BISHOP). requirements. Mr. BISHOP of New York. Mr. Chair- sil fuels. A number of Federal agencies and man, I rise today in strong support of Now, we can improve nuclear power several State agencies, West Virginia to give us fixed power, and we can burn H.R. 2768, the S-MINER Act. Over the past year the Education and has been very aggressive in this regard, coal, and we can use solar, and we can Labor Committee, of which I am a has pushed reforms to better respond use hydro. We can do all these things. member, has held several hearings on to incidents that occur and how we can But there’s fixed power. And we, as a the topic of mine safety. During those improve the chances of miners to sur- Nation, and this Congress have not got hearings, witness after witness asked vive a serious accident. Today more to the point where we understand if we that the Federal Government take self-contained self-rescuers are being don’t do something, we keep sending stronger actions to protect the health stored underground than in the past, the dollars abroad, there’s a great pos- and safety of miners. Hearing their call and that is a good positive first step. sibility that this whole economy we to action, we are here today to pass With the success of the original have will implode. landmark legislation that will save the MINER Act in mind, I do hold some I’m saying, wake up, Mr. and Mrs. lives of countless miners. reservations that additional legislation America. Start asking your Members H.R. 2768 builds upon the MINER Act could complicate the safety improve- of Congress, let’s do something about to boost prevention efforts, improve ments currently under way, and I am energy. You can’t conserve yourself emergency response and reduce health not alone in my concern. I encourage into a prosperity position. You’ve got risks. The MINER Act, which passed my colleagues to keep this in mind if to have new energy, new production. during the last session of Congress in this legislation moves forward. Yes, drilling. Offshore in California, response to the Sago mining disaster, Unfortunately, the events of Sago shame on you. Offshore in Florida, made important steps in protecting serve as a reminder that we must al- shame on Florida. Offshore in Alaska, miners, but implementation has been ways strive to make America’s mines shame on Alaska. We must start devel- slow, and more needs to be done. Sadly, as safe as they can possibly be. oping our fossil fuels in the Rocky since H.R. 2768 was introduced, miners This bill is flawed in many ways. The Mountains. We must start at the Roan have been seriously injured or killed junior Senator from West Virginia has Plateau, which you took off the table. while on the job. That is why it is cru- publicly expressed his concern, and I The Roan Plateau, have that devel- cial for this Congress to act now and have concern that this bill will hold up oped. We have to start doing what is pass this legislation. some of the progress as it has moved necessary to make sure we’re no longer This Congress has been entrusted forward. dependent on those foreign countries with the responsibility to make sure But at the end of the day, for me, that are not our friends. that all workers are protected at their this is about those Sago miners, and So I urge a ‘‘no’’ on this bill because workplace. We take that responsibility their tragedies stay with me. My hope it’s another nail in the coffin that cre- seriously. And I am proud to support is that we can continue the good work ates in this country more weaknesses this bill which will take the necessary that has moved forward as a result of and not the ability to provide for the steps in safeguarding the health and the MINER Act. It is crucial that Con- future generations. safety of America’s miners. gress continue to highlight mine safety Mr. GEORGE MILLER of California. I want to thank and commend Chair- so that the tragedies we’ve seen in I yield myself 30 seconds. man MILLER for introducing this legis- West Virginia and across the Nation The gentleman from Alaska is quite lation and moving it so quickly to the are not repeated. correct. It’s a pathetic sight to see the floor. And I urge my colleagues to vote Mr. GEORGE MILLER of California. President of the United States begging ‘‘yes’’ on H.R. 2768. May I inquire of the Chair how much the Saudi prince to release more oil 8 Mr. MCKEON. I am happy to yield to time each side has remaining. years after that President has been in the gentlelady from West Virginia The CHAIRMAN. The gentleman has office; several energy bills passed by (Mrs. CAPITO) such time as she may 13 minutes, and 151⁄2 on the other side. the Republican Congress, and the consume. Mr. GEORGE MILLER of California. President is left going hat in hand beg- Mrs. CAPITO. I’d like to thank the I yield 2 minutes to the gentleman ging the Saudi prince for more oil. It ranking member for his recognition. from New Jersey (Mr. HOLT), a member just shows the opportunity cost of this Over the past several years, this of the committee. administration, of that Republican country has witnessed a series of tragic Mr. HOLT. Mr. Chairman, there’s no Congress and the pathetic energy pol- mining disasters, starting with the 12 question that mining has been a dan- icy that we were left with. miners killed on January 3, 2006 at the gerous job. And today coal mining is The new energy bill, however, re- Sago Mine in my district. I know the rated among the most dangerous occu- verses that trend. I’m very proud to be families, I know the communities, and pations in America. It does not have to part of it. this is a wound that will never heal. be that way. Mr. MCKEON. I yield the gentleman This tragedy was followed by more As a scientist, I’ve paid some atten- 30 seconds to respond. deaths in accidents around the coun- tion to mine safety technology, but I Mr. YOUNG of Alaska. My good try, and each of these disasters has also feel strongly about the concerns of friend from California, he is my good identified and highlighted deficiencies those working in mines because I was friend, you have to recognize that we in the protection afforded miners. born and raised in West Virginia, where have not done anything. When you In response to Sago and the other my father, many years ago, as a mem- were in the majority you did nothing. mine disasters, Congress enacted the ber of the House of Delegates, and later

VerDate Aug 31 2005 03:42 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.045 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H50 CONGRESSIONAL RECORD — HOUSE January 16, 2008 in the Senate, was known as one of the it disagrees, but because the Depart- worked with miners, mine owners, min- best friends the miner ever had. ment of Labor still hasn’t implemented ers’ representatives, and other stake- As an original cosponsor of the S– the last law. Congress is here to act holders in the mining industry to meet MINER Act, I want to thank Chairman when bureaucracies drag their feet. the safety improvement goals set forth MILLER and our staff for recognizing And here the consequences of the ad- in the original MINER Act, including the importance of getting communica- ministration stonewalling are disas- issuing regulations to strengthen emer- tions technology, currently existing, trous. gency mine evacuation practices, im- and that being developed, into the This is one of those choices we face prove the strength requirements for mines as quickly as possible. in this era. We face the decision be- seals, and increase civil penalties. In This bill improves the work of the tween money and lives. And as I said addition, on December 26, 2007, the previous Congress by requiring that en- during the hearing when we looked President signed the Omnibus Appro- hanced communications and miner into the Darby disaster and Sago and priations Act, which mandates addi- tracking systems be installed imme- Crandall Canyon, we need to have a tional rulemaking on belt air and ref- diately upon enactment. country and a government that value uge chambers on rigorous timetables. I remain troubled that the Mine Safe- the lives of the miners as much as what H.R. 2768, the Supplemental Mine Im- ty and Health Administration and they bring out of the ground. That’s provement New Emergency Response mine operators have delayed getting what this legislation is all about. Act, the S–MINER bill, would place in promising technology into the mines. That’s what we stand here to do. And jeopardy meaningful achievements and It is really heartrending to share in the that’s why I congratulate the chairman efforts currently under way as a result terror and tragedy of miners stranded for his courageous act and his passion of these measures. In particular, sev- without communication. for this cause. eral of the regulatory mandates in the A year ago, NIOSH reached an agree- So with that, I urge my colleagues S–MINER bill would weaken several ex- ment with the U.S. Army Communica- and the President to join me in sup- isting regulations and overturn regu- tions and Electronics Research Center porting the Supplemental Mining Im- latory processes that were required by at Fort Monmouth in New Jersey to provement and New Emergency Re- the MINER Act and are ongoing. test and develop the KUTTA commu- sponse Act. And I urge them to begin These changes would provide no op- nications system because communica- saving lives today. portunity for stakeholder participation tions on the battlefield and in noisy en- Mr. GEORGE MILLER of California. in the regulatory process and would vironments subject to disruptions have I yield myself 30 seconds. impose burdensome and unrealistic lessons for communications in the I want to thank the gentleman. I’ve time requirements. The S–MINER bill mines. had an opportunity to read the letter would also fundamentally change the Mr. Chairman, MSHA has not acted investigation of mining accidents and with the urgency needed to prevent fu- from his constituents, and I want to thank him for entering it into the jeopardize the ability to hold mine op- ture miner fatalities. Today Congress erators accountable for violations of is acting. RECORD. It’s on behalf of those families and the families of the other mining mine safety regulations. I urge my colleagues to support this For these reasons, the administra- tragedies who have also written to us legislation because, in the wake of the tion strongly opposes House passage of that we made a pledge in our com- Sago and Darby and Crandall Canyon the bill. If H.R. 2768 were presented to mine tragedies, we should not have to mittee, as the gentleman knows, that the President in its current form, the face more families who have faced this committee was going to be very President’s senior advisers would rec- these tragedies, and we should do ev- diligent about pursuing mine safety. ommend he veto the bill. erything we can to prevent such trage- b 1315 The S–MINER bill requires new regu- dies in the future. It had been ignored for too long. The lations on the strength of mine seals, Mr. GEORGE MILLER of California. families had been closed out of the even though a new emergency tem- I yield 2 minutes to the gentleman process. They were not allowed to tes- porary standard on mine seals was from Kentucky (Mr. YARMUTH), a mem- tify. They were not allowed to go to issued in May 2007 and a final regula- ber of the committee. the investigations. They were not al- tion will be issued in February 2008. To Mr. YARMUTH. Mr. Chairman, I rise reopen this process would cause confu- today in strong support of the S– lowed to attend the hearings, and this legislation changes much of that. sion within the industry and put on MINER Act because it will quite sim- hold improvements already being made ply and without doubt save the lives of And you’re quite correct and I want to thank him and his constituents for to underground mine seals. innocent Americans. It could have The S–MINER bill would weaken cur- the support of this legislation. saved the life of my fellow Kentuckian, rent regulations requiring a mine oper- Jimmy Lee, whose widow Melissa I met ANNOUNCEMENT BY THE CHAIRMAN ator to contact the Mine Safety and this past year. She courageously came The CHAIRMAN. Members are re- Health Administration, MSHA, within to us for help because, though it was minded to refrain from wearing com- 15 minutes of a serious accident by cre- too late to save her Jimmy, we still municative badges while under rec- ating a new two-tiered notification sys- had the chance to prevent more loving ognition. tem of 15 minutes or 1 hour, depending spouses from becoming courageous Mr. MCKEON. Mr. Chairman, I yield on the severity of the incident. widows. such time as he may consume to the Of particular concern is a provision Yesterday, Melissa and 27 other Ken- gentleman from South Carolina (Mr. requiring the MSHA to adopt the rec- tuckians sent me a letter. Each has WILSON). He’s the senior ranking mem- ommended exposure limits issued by lost a father, son or husband in a pre- ber on the subcommittee. the National Institute for Occupational ventable mine disaster, and each urges Mr. WILSON of South Carolina. Mr. Safety and Health as permissible expo- the implementation of this legislation. Chairman, I thank Congressman sure limits, PELs. This provision over- I found it very interesting to listen MCKEON very much for the introduc- turns a Federal court decision that re- to my colleague from across the aisle, tion. I appreciate his leadership on the quires agencies like the MSHA to per- the gentleman from Alaska. And he committee. form a risk assessment prior to issuing used the term on a number of occa- I speak in opposition to the bill and a PEL. This provision would mandate sions, a nail in the coffin: And this is in favor of mine safety, as fully ex- the adoption of potentially hundreds of what we’re talking about. plained by the Statement of Adminis- PELs without any input from stake- In my case, today, I’m talking about tration Policy dated January 15, 2008, holders and without determination of a letter from 28 Kentuckians who had from the Office of Management and whether the PEL is economically and to put their relatives, their loved ones Budget. technologically feasible. in coffins and bury them because this In 2006, the President signed the Mine The S–MINER bill would allow a government has not done what it can Improvement and New Emergency Re- stakeholder to challenge a PEL only and should do to protect them. sponse, MINER, Act, the most signifi- after its issuance. This process under- In any event, the White House cant mine safety legislation in nearly mines the rigor of the normal rule- threatens a veto, not so much because 30 years. The administration has making process and places the burden

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.047 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H51 of proof of technological and economic sounds, that say there could be trouble. minutes remaining. The gentleman feasibility on stakeholders instead of So they stopped. from California (Mr. GEORGE MILLER) the Department of Labor. In June of 2007, the company con- has 41⁄2 minutes remaining. The S–MINER bill would potentially ducting that mining went to the mine Mr. GEORGE MILLER of California. quadruple the number of investigations safety regulators, the Federal Govern- I’m the only speaker. We were looking into multi-injury or multifatality acci- ment, and said we want to now do on for a gentlewoman to do a colloquy, dents by adding a requirement for an- the south side of the mountain what we but she’s not here. If she shows up, I other investigation by an independent stopped doing on the north side of the would do the colloquy with her, but I investigative team and by giving the mountain. In just over a week, 9 days wouldn’t take additional time. So you Chemical Safety Board, as well as the as I recall, the Federal regulators said can go ahead and use your time. Office of the Inspector General within go ahead and do it. How much care Mr. MCKEON. Mr. Chairman, I yield the Department of Labor, the right to could they have taken in that analysis myself the balance of my time. investigate mine accidents. These pro- in that short period of time? Trag- Today we’ve heard a great deal about visions undermine the government’s ically, in August of 2007, nine people how to keep miners safe. It should go ability to hold accountable mine opera- lost their lives. without saying that mine safety is the tors who violate mine safety and Here’s what this bill would change. It proposition to which we’re all com- health regulations since multiple in- would say that the next time a mining mitted. However, we’re not here today vestigations potentially using different company submits a retreat mining debating whether to protect miners. In- methodologies and reaching different plan, they’ve got to have a computer stead, we’re here considering a bill that conclusions could prejudice the govern- model of what might happen when they would actually derail the most com- ment’s ability to prosecute civil or start. They’ve got to send people from prehensive mine safety overhaul in criminal investigations of mine safety the mine safety agency to the mine to decades. and health standards that contributed watch that it’s being done the right All of us are for mine safety. You to or exacerbated an accident. way, and they’ve got to look at every know, during this campaign, I have Current law gives MSHA the sole au- possible technology that could be used been listening to some of the can- thority to investigate mine accidents, to protect and save people’s lives. didates running, and I think the feeling and when MSHA investigators uncover Tonight, nine families have an empty amongst many people is that Wash- chair at the dinner table because of the possible criminal violations, they iden- ington is broken and that we don’t tragedy that occurred at Crandall Can- tify the necessary enforcement action seem to attack things that are really yon. I can’t assure any of those people to take against a mine operator and important. that we would avoid a future tragedy, make an appropriate referral to the De- Well, in 2006, we passed a miner safe- but we have to try, and this bill is an partment of Justice. ty bill, the first one in 30 years. That intelligent, good-faith effort in that re- Mr. GEORGE MILLER of California. was passed with the support of 381 gard. It deserves the vote of every Mr. Chairman, I yield 1 minute to the Members to 37 Members here in the Democrat and every Republican. It de- gentleman from Iowa (Mr. LOEBSACK). House and unanimously in the Senate. serves to become law. Mr. LOEBSACK. Mr. Chairman, in re- Now here we are less than 2 years Mr. GEORGE MILLER of California. cent years we have seen several mine later talking about another bill that’s Mr. Chairman, I yield 1 minute to the going to, after a 30-year hiatus, we pass tragedies that cost the lives of hard- gentleman from Oregon (Mr. working individuals. Our first thought a bill, we’re doing what we can to im- BLUMENAUER). should always be the safety of mine Mr. BLUMENAUER. Mr. Chairman, I plement that bill. By the time regula- workers. We must ensure there are ade- appreciate the gentleman’s courtesy, tions are written, by the time people quate regulations in place to provide as I appreciate his leadership. are trained on enforcing those regula- the safest working environments pos- I voted against the last mining re- tions, by the time the mine owners put sible. form on the floor of the House, even those regulations into effect, it takes Iowa is a proud home to many lime- though it represented some progress, some time, and then here we’re step- stone producers. While they share our because, frankly, it didn’t go far ping on that bill with a new approach goal of protecting mine workers, we enough and it didn’t do it quickly to change some things. must also recognize the differences be- enough. The treatment of our miners And we heard from Mr. WILSON the tween limestone mining and coal min- compared to what is going on in other President’s response and why he says ing. These local producers are con- developed countries who take mine we should give the time to fully imple- cerned that some provisions in this bill safety seriously is a national disgrace. ment the bill that was just passed less may harm small businesses. These I am pleased to see a comprehensive than 2 years ago. It makes sense. We businesses provide jobs in our local piece moving forward. This is going to live in a large country, and to try to communities and are critical to Iowa’s help reverse that course. disseminate this information and get it continued economic development. I heard some say that this adminis- all into effect takes some time, and I want to thank the chairman for his tration would veto the legislation. I we’re just saying that’s why people work on this bill and for his willing- would consider a veto of mining legis- think Washington’s broke. We’re step- ness to continue a dialogue on this lation by this administration a badge ping on something that we haven’t issue. As this bill continues to move of honor, an administration that has even implemented yet. through the legislative process, I hope put the wrong people in charge, has And I don’t question any motives be- we can reach a compromise supported been not zealous in dealing with the cause I think the motives are good. We by workers, industry, Congress, and the problems that have come forward, that should be out to protect miners. It’s administration. have taken tragedies to at least seem- just which way will protect them best: Mr. GEORGE MILLER of California. ingly get their attention. implementing the bill that was already Mr. Chairman, I yield 2 minutes to the I hope that each Member of the passed overwhelmingly or trying to gentleman from New Jersey (Mr. AN- House spends a little time looking at pass a bill that will step on some of DREWS), a member of the committee. this legislation comparing it to what’s those concerns. (Mr. ANDREWS asked and was given going on in the rest of the world. I’m This law was only given 11⁄2 years to permission to revise and extend his re- confident that they will then support take hold, as mentioned. It’s already marks.) the legislation, and if by some reason having an impact on our Nation’s Mr. ANDREWS. Mr. Chairman, I the administration chooses to override mines. Stringent safety standards are thank the chairman for yielding. it, I’m confident that people of good being put in place and they’re being en- In the spring of 2007 at the Crandall conscience can override it to give the forced. A recent article in a mining in- Canyon Mine, retreat mining began, miners the safety they deserve. dustry publication explored the impact and when they started the retreat min- Mr. MCKEON. May I ask about the on the mines as seen from the eyes of ing on the north side of the mountain, remaining time? a miner. there were indications that there could The CHAIRMAN. The gentleman He says, ‘‘As you can imagine, the be trouble. There were literally noises, from California (Mr. MCKEON) has 101⁄2 regulatory environment for safety has

VerDate Aug 31 2005 00:54 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.051 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H52 CONGRESSIONAL RECORD — HOUSE January 16, 2008 evolved a lot in the last few months, mittee to urge us to proceed with cau- ground non-coal mines, except for the and we’re seeing as much as a 50 per- tion. From them I quote: ‘‘We believe conveyor belt, and in this case, the cent increase in underground mine in- that before moving forward on new mines which regularly emit methane spections on an annualized basis.’’ mine safety legislation, it would be gas, new rules for explosion-proof seals. That’s the words of a miner to an ana- prudent for the committee to wait for It certainly does not treat these mines lyst. the conclusion of the studies called for like coal mines. The current air quality standards for b 1330 in the MINER Act and the implementa- tion of all the major requirements of underground salt mines are based on With all the progress that has been the MINER Act.’’ They were right. The 1973 rules established by a private orga- made, it seems to me that the last academic experts are right. The Fed- nization and incorporated by reference thing we should be considering is the eral Mine Safety and Health Review into the MSHA regulations. It is hard disruption of that momentum, yet Commission is right. The National to even locate a copy of these old that’s exactly what will happen if the Mining Association is right. Each of standards. It is the intent of S–MINER S–MINER Act becomes law. This bill these stakeholders understands that to adopt air standards that are justi- discards the expert studies already the S–MINER Act is the wrong bill at fied by the unbiased scientific evidence under way, replacing the wisdom and the wrong time. as preventing health risks to miners recommendations of professionals with As a strong supporter of mine safety, and are feasible for the mines to arbitrary mandates from Washington. I have no choice but to oppose this bill. achieve. If mine operators object to the Although the bill purports to protect I urge my colleagues to do the same. new mine health limits based upon con- miners, in reality it threatens the jobs Mr. Chairman, I yield back the bal- cerns of technological or economic fea- we rely on. That’s another thing that ance of my time. sibility, the bill requires them to fully I’m learning, that people are very in- Mr. GEORGE MILLER of California. analyze these concerns before adopting terested in the economy and jobs, and Mr. Chairman, may I inquire as to how new standards. By speeding up the here we have an effort that probably much time is remaining. rulemaking process, we want to accel- will cut jobs. With $1 billion in un- The CHAIRMAN. The gentleman has erate MSHA to address real hazards, funded mandates in the underlying bill, 41⁄2 minutes. but do not intend to adopt unsupported the majority’s attempt to mask these Mr. GEORGE MILLER of California. standards that do not create signifi- burdensome costs by extending the im- Mr. Chairman, I yield such time as she cant benefits or are not feasible for plementation timeline is a weak at- may consume to the gentlewoman from compliance. tempt to divert attention from the toll Michigan (Ms. KILPATRICK). The S–MINER Act does increase min- that will be taken on the mining com- Ms. KILPATRICK. First, let me con- imum and maximum penalties for vio- munity. gratulate you for a fine piece of legisla- lation of requirements that specifically Mr. Chairman, as a strong supporter tion for the safety of our coal miners protect the health and safety in under- of mine safety, I want to be clear that and others who need to make sure that ground metal and non-metal mines. there is a better way to protect the in- our people working in the mines across However, it leaves in place the require- terests of the Nation’s miners. We can this country are safe and that they ments in the law that small mines get stand for strong safety protections have a working atmosphere that is safe a break, that a mine operator’s history without diverting attention and re- for them and for their families. I con- is a factor in assessment, and that the sources from the work already under gratulate you on that act. degree of negligence and seriousness of way. Later today, Representatives WIL- In Michigan, in my district specifi- the hazard is to be considered. SON and KLINE will offer an amendment cally, we have salt mines; no explo- Also, I want to note that our col- to do exactly that. The Wilson/Kline sions, they aren’t dangerous, and this league, Congressman ELLSWORTH, has amendment incorporates a strong drug act also covers our salt mines. I live an amendment which would eliminate testing requirement that will protect under some of the salt mines. I live the requirement from the bill that con- miners from the dangers of illegal sub- over the salt mines, I might add. They cerns many of your constituents with stance abuse in the already dangerous are a hundred years old. We’ve never respect to escrowing proposed penalties mining environment. had a collapse. They don’t have the before contest. I am pleased to see our colleagues on same requirements. They provide crit- Ms. KILPATRICK. Thank you, Mr. the other side of the aisle joining us in ical infrastructure needs that we have Chairman. our concern about the danger and dev- in our community, and have been very, Ms. HERSETH SANDLIN. Mr. Chairman, I astation of drug use among miners. I very good business partners in our rise today to thank Chairman GEORGE MILLER am saddened, however, by the appear- community for over 100 years. I worry and his colleagues on the House Education & ance of cynicism in the last-minute ad- that, with this legislation, they may be Labor Committee for their work on H.R. 2768: dition of this issue to the manager’s penalized and have to come under some Supplemental Mine Improvement and New package. I hope they will join us in of the limits, air limits, the larger Emergency Response Act of 2007 or S– supporting a real solution in the form fines, and the impact of those. So, I am MINER. The efforts of the Committee further of drug testing, something that our asking, can you assure us that our salt address the dangers associated with mining, colleague, Charlie Norwood, who passed mines in Michigan and my constitu- particularly the threats to coal miners we have away last year, had been working on ents, that this S–MINER will not be seen all too frequently, most recently with the for years before, rather than a mere unfairly applied to them? Crandall Canyon Mine disaster in 2007. study that provides more political Mr. GEORGE MILLER of California. While I supported the MINER Act in 2006 cover than genuine safety protections. If the gentlewoman would yield. and believe that Congress has a responsibility Despite the best intentions of its Ms. KILPATRICK. I will yield. to continue to strengthen mine health and sponsors, this bill will do much more Mr. GEORGE MILLER of California. safety regulations, I am not able to support harm than good. It will layer new rules I want to thank you for your support of H.R. 2768 because of the unintended con- and requirements on top of the critical this legislation. I would note that the sequences it may have on mining operations mine safety reforms already in place. manager’s amendment will slow down outside of the coal industry. With this bill, we are abandoning the the required schedule of underground While I acknowledge the Education and bipartisan reforms of the 2006 MINER mines to convert to the new more fire- Labor Committee’s efforts to engage industry Act and abandoning all the progress resistant conveyer belts. These belts in this debate, I feel the concerns of the sur- that has been made. will help prevent deaths in all kinds of face mining industry are not adequately ad- Members on both sides of the aisle underground mines. And the amend- dressed in this legislation. As such, S–MINER have expressed concern that this legis- ment will ensure that mine operators may unnecessarily harm many small mining lation is premature. A group of seven have a chance to use up the perfectly operations with new burdensome compliance respected Democrats representing dis- good belts that they have in their in- requirements. tricts with a history of underground ventory. In South Dakota, aggregate mining oper- and surface mining wrote to the chair- Also, the S–MINER Act will not ations create good paying jobs and provide man of the Education and Labor Com- adopt new safety standards for under- products essential to the construction industry.

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4636 Sfmt 9920 E:\CR\FM\K16JA7.054 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H53 They are an important part of numerous local cent from 2002 to 2006, the number of federal Health Administration absolute authority to economies in the state. Therefore, I cannot mining inspectors had decreased by 18 per- supervise and direct rescue and recovery ef- discount the concerns of aggregate mining op- cent, from 605 to 496. forts after mine accidents, negating the need As a result, MSHA failed to conduct re- for voluntary cooperation of mine owners. erations over the process by which ‘‘permis- quired inspections last year at 107 of the na- And it would provide for more oversight of sible exposure limits’’ (PELs) will be adopted tion’s 731 underground coal mines. under S–MINER. With the cost of road con- retreat mining—a dangerous mining method struction and maintenance skyrocketing, South [From the Lexington Herald-Leader, Jan. 16, in which coal is scavenged from mine sup- 2008] port walls—in mines more than 1,500 feet un- Dakota and other states are often forced to derground, which are common in the West. make tough decisions. If aggregate miners are TOUGHEN MINE SAFETY: BILL ADDS SCRUTINY TO ACCIDENT INVESTIGATIONS The committee forwarded the bill to the required to adopt additional regulations under full House in a 26–18 vote that fell along par- S–MINER, we may see the cost of this con- President Bush says he would veto a strong mine-safety law because it would interfere tisan lines, with Republicans, including Rep. struction component rise even higher. with a weak mine-safety law and confuse the Rob Bishop of Utah, siding with the mine in- I believe it is imperative that we continue to coal industry. dustry and MSHA in opposition. closely monitor the progress of MINER imple- Bush’s logic will produce more widows and Bishop, who argued that the Miner Act of mentation, and I will continue to look for ways orphans in the coal fields. 2006 is not yet fully-implemented and probes to support regulation reform that protect the Kentucky’s House delegation—the Repub- of the Crandall Canyon tragedies are still health and safety of mine workers. licans and the Democrats—should support S- under way, says the bill is premature and Ms. SLAUGHTER. Mr. Chairman, I submit MINER, the Supplementary Mine Improve- takes ‘‘everything to an extreme.’’ But it’s ment and New Emergency Response Act. obvious that immediate and extreme meas- the following articles supporting H.R. 2768 The MINER Act, enacted in 2006, was the from Lexington, Kentucky and Salt Lake City, best that could be gotten from a Republican- ures are needed, because miners are still Utah. controlled Congress. Now with the Demo- dying by the dozens. Congress should ap- [From Lexington Herald-Leader, Dec. 10, crats in charge it’s time to fix the weak- prove this bill. 2007] nesses in that law. Mr. PETRI. Mr. Chairman, workers in this The bill awaiting House action directly ad- UNADDRESSED RISKS: ADDITIONAL MINE- country should be able to go to work each day SAFETY MEASURE NEEDED dresses the causes of mine fatalities at Darby in Kentucky, Sago and Aracoma in secure in the knowledge that all measures are Congress and President Bush nearly broke being taken to ensure their safety. The trage- their arms patting themselves on the back West Virginia and Crandall Canyon in Utah. Of all the objections to S-MINER raised by last year when a new mine-safety act became dies at Sago, Aracoma, and Darby dem- Bush, the silliest is his claim that inde- law. onstrated that this was not the case in the The measure had the coal industry’s bless- pendent investigations would dilute account- mining industry. ability for mine accidents. Just the opposite ings and was about all that could get That is why Republicans and Democrats through the Republican-controlled Congress, is true. In Kentucky, we’ve seen firsthand the folly even in a year when 47 miners were killed in came together during the last Congress in a of requiring the U.S. Mine Safety and Health accidents, including underground explosions bipartisan manner to enact the first significant Administration to investigate itself. in Kentucky and West Virginia. After the Darby explosion in Harlan Coun- mine safety reform legislation in generations. I The MINER Act was a decent start. But it ty, in which five miners died, MSHA ap- believe that the requirements and studies in was also riddled with weaknesses, including peared to be more interested in covering its the MINER Act are making great strides in no provisions that directly addressed the backside than uncovering all the facts. putting in place regulations and standards and conditions leading to the deaths of 12 men at An MSHA inspector had spent three days in developing technology to protect mine work- the Sago, W.Va., mine. in the mine during the week before the ex- There were no requirements that mines ers. plosion. But MSHA refused to let Kentucky have rescue chambers or that miners’ emer- investigators or anyone outside MSHA ques- Today, we are considering the Supple- gency breathing devices be subject to ran- tion him. mental Mine Improvement and New Emer- dom checks to be sure they work. Such conduct puts miners at risk and dam- Now it’s time to do better. gency Response Act (S–MINER). I believe The Supplementary Mine Improvement ages the public’s confidence in government. that this legislation is flawed in many ways The bill before the House would provide for and New Emergency Response Act, known as independent panels to investigate mine acci- and could, in fact, undermine many of the S-MINER, is awaiting action by the House. dents that cause multiple deaths, injuries or needed reforms put in place by the MINER In addition to filling the previously listed Act. gaps, the measure includes a range of health entrapments. Congress should approve it and Bush and safety improvements that have long In my own State of Wisconsin, aggregate should sign it. been needed, including new limits on: (stone, sand, and gravel) mining is a dominant Retreat mining, in which coal pillars sup- [From the Salt Lake Tribune, Nov. 15, 2007] industry. The safety hazards and appropriate porting the mine’s roof are removed and MINE SAFETY: CONGRESS CONSIDERS safety procedures and equipment for this in- which led to the deaths of six miners and OVERHAUL OF RULES AND REGS three rescuers at the Crandall Canyon mine dustry vary greatly from that of coal mining. In in Utah this year. It’s a simple, noble, attainable goal, one many instances, the condition of a stone, The use of coal conveyor-belt tunnels to Utah’s underground miners can live with. sand, or gravel operation is more similar to ventilate mines, a practice that carries ‘‘We want to do everything we can to ensure that of an earth-moving construction site than flames and poison gases to where miners are that miners are able to return home safely that of an underground coal mine. working when a fire occurs on a conveyor at the end of their shifts.’’ belt and that contributed to the deaths of That from U.S. Rep. George Miller, D- However, the S–MINER Act takes a ‘‘one two miners at the Aracoma mine in West Calif., the chairman of the House Education size fits all’’ approach and fails to take into ac- Virginia last year. and Labor Committee and sponsor of the count these differences. Many of the regula- Also, at long last, the measure requires Supplemental Mine Improvement and New tions and penalties mandated in the S–MINER Emergency Response Act of 2007. more advanced technology for measuring Act will fail to improve safety in aggregate dust levels in mines to prevent black lung, The bill was drafted in response to another the smothering disease that is making a re- deadly year in U.S. deep mines—25 coal min- mines, while putting an undue financial burden surgence among American miners. ers and 28 other miners have died to date. It on the industry. And, in a major advance for mine safety, enhances and hastens many of the safety It is important that Congress continues strict the bill provides for independent panels to provisions contained in the Miner Act of 2006 and provides for additional rules and regula- oversight of Mine Safety and Health Adminis- investigate mine accidents causing multiple tration (MSHA) and related agencies as the deaths, injuries or entrapments. tions in an industry where safety is some- Under the current law, the U.S. Mine Safe- times sacrificed in the quest for profit. MINER Act is fully implemented. As the recent ty and Health Administration is responsible There’s a lot to like about Miller’s bill, Crandall Canyon disaster demonstrates, these for investigating itself, an obvious conflict which is co-sponsored by U.S. Rep. Jim reforms are vitally needed in the industry. of interest. Matheson, D-Utah, and was inspired in part However, today I am voting against the S– The coal industry argues that it would be by the tragic accidents at Utah’s Crandall MINER Act because the bill is premature and unfair to impose new safety requirements Canyon coal mine in Emery County, where while it’s still struggling to put last year’s six miners and three rescue workers were overbroad. law into place. But that’s a lame excuse killed in mine collapses in August. Mr. MATHESON. Mr. Chairman, I would like when the proposed changes are so obviously The legislation would establish the Office to compliment Chairman MILLER. He has been needed. of Miner Ombudsman, which would receive a tireless advocate for America’s mine workers Of course, no law will keep miners safe and track anonymous complaints from min- until Congress and a new president rebuild ers who are aware of dangerous mining con- and has worked hard to improve mine safety. MSHA. ditions or safety violations, but are afraid to I appreciate working with the Chairman to in- An inspector general recently found that speak up for fear of losing their jobs. It clude language in H.R. 2768 that will allow for while underground mining increased 9 per- would give the federal Mine Safety and the appropriate use of belt-air in mines.

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4636 Sfmt 9920 E:\CR\FM\A16JA7.019 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H54 CONGRESSIONAL RECORD — HOUSE January 16, 2008 This legislation is very near to my heart and nal bill for the purpose of amendment must be revised promptly to incorporate new is something that I have been working on in under the 5-minute rule and shall be technology which the National Institute for Oc- the aftermath of the disaster at Crandall Can- considered read. cupational Safety and Health certifies can be The text of the committee amend- added to the existing system to improve its abil- yon Mine which is in my district. ity to facilitate post-accident communication On August 6, six miners were trapped when ment is as follows: with or tracking of miners. No miner shall be rocks and debris exploded off the walls of the H.R. 2768 disciplined based on information obtained from tunnels where they were working, more than Be it enacted by the Senate and House of Rep- an electronic communications and tracking sys- eighteen hundred feet underground. During resentatives of the United States of America in tem.’’. the rescue attempt that followed, further dis- Congress assembled, (b) UNDERGROUND REFUGES.—Section aster struck when underground activity caused SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 316(b)(2)(E) (30 U.S.C. 876(b)(2)(E)) is amended by adding at the end the following: a burst of rubble to explode off the cavern (a) SHORT TITLE.—This Act may be cited as ‘‘(vi) Not later than June 15, 2008, the Sec- the ‘‘Supplemental Mine Improvement and New wall, killing three rescuers. retary shall issue interim final regulations, con- Emergency Response Act of 2007’’ or the ‘‘S– One of the most difficult aspects of the sistent with the design criteria recommended by MINER Act’’. Crandall Canyon mine collapse was not know- National Institute for Occupational Safety and (b) TABLE OF CONTENTS.—The table of con- ing where the trapped miners were when the Health in its report pursuant to section 13(b)(1) tents for this Act is as follows: cave-in occurred. It made for an excruciating of the MINER Act, and subject to the require- ordeal for the families, the mine owner and the Sec. 1. Short title; table of contents. ments of the next sentence, requiring each emer- Sec. 2. Findings. gency response plan to provide for the installa- mine rescuers. The lack of communications Sec. 3. Definitions; references. left the rescuers with the frustrating scenario tion of portable rescue chambers meeting Na- Sec. 4. Supplementing emergency response tional Institute for Occupational Safety and of trying to drill blindly through hundreds of plans. Health design criteria, or refuge shelters carved feet of rock with the hope of reaching sur- Sec. 5. Supplementing enforcement authority. out of the mine workings and sealed with bulk- vivors. Sec. 6. Supplementing rescue, recovery, and in- heads meeting National Institute for Occupa- While mines generally have reliable commu- cident investigation authority. tional Safety and Health design criteria, or nications systems in place, most mines have Sec. 7. Respirable dust standards. other refuge designs recommended by National properties that make implementation of current Sec. 8. Other health requirements. Institute for Occupational Safety and Health technology difficult. For example, the open air SEC. 2. FINDINGS. that provide miners with equivalent or better pathway required for radio signals and WiFi do Congress finds that— protection, in the working areas of underground coal mines within 60 days following plan ap- not exist and less than ten percent of the radio (1) while the MINER Act of 2006 (Public Law 109–236) was an essential first step in addressing proval. In addition, a plan shall provide for the spectrum used above ground can be used un- the many health and safety hazards that miners maintenance of a mobile emergency shelter with- derground. Because of the challenges of the still face, supplemental action is necessary and in 500 feet of the nearest working face in each mine environment and the limited nature of the feasible to better protect miners in coal and working section of an underground coal mine.’’. market, much needed technology has not yet other mines; (c) IMPROVEMENTS TO SEALS, VENTILATION been developed or is not commercially avail- (2) essential standards to protect miner health CONTROLS, AND ROCK DUSTING TO LIMIT THE able. established by the Federal Mine Safety and DAMAGE FROM EXPLOSIONS.— H.R. 2768 contains a provision that acceler- Health Act of 1977 are out of date after 40 years, (1) REPEAL.—The MINER Act (30 U.S.C. 801 note) is amended by striking section 10 (con- ates the deployment of current mine commu- posing a significant threat to miner health; and (3) the Secretary of Labor has failed in recent cerning sealing of abandoned areas). nications technology in mines, which is very years to adequately fulfill the Secretary’s obli- (2) SEALS.—Section 303(z) (30 U.S.C. 863(z)) is important. I would also like to add that the gations under the Federal Mine Safety and amended by adding at the end the following: House recently passed legislation that I wrote, Health Act of 1977 (30 U.S.C. 801 et seq.), addi- ‘‘(4)(A) The Secretary shall inspect all seals H.R. 3877, the Mine Communications Tech- tional Congressional intervention is needed. under construction after the date of enactment of the S–MINER Act, during at least part of nology Innovation Act. SEC. 3. DEFINITIONS; REFERENCES. their construction, to ensure the mine operator That bill, if enacted, would accelerate the (a) DEFINITIONS.—As used in this Act— is complying with the approved seal plan, and (1) the term ‘‘Secretary’’ refers to the Sec- development of innovative, next generation shall develop an inspection protocol for this retary of Labor; and mine tracking and communications technology. purpose. Communications issues are critical and must (2) any other term used in this Act that is de- ‘‘(B) Not later than 3 months of the date of be addressed as soon as possible in order to fined in section 3 of the Federal Mine Safety enactment of the S–MINER Act, the Secretary and Health Act of 1977 (30 U.S.C. 802) shall shall issue final rules regarding approval, de- better protect our miners. have the meaning given the term in such sec- I thank you Mr. Chairman for your leader- sign, construction, inspection, maintenance and tion. monitoring of underground coal mine seals ship on mine safety issues. (b) REFERENCES.—Except as otherwise ex- Mr. BLUMENAUER. Mr Chairman, today I which shall meet the requirements of this para- pressly provided, whenever in this Act an graph. Except as otherwise provided by this will vote in favor of H.R. 2768, the Supple- amendment or repeal is expressed in terms of an paragraph, these regulations shall implement mental Mine Improvement and New Emer- amendment to, or repeal of, a section or other the most recent recommendations of the Na- gency Response Act. This comprehensive leg- provision, the reference shall be considered to be tional Institute of Occupational Safety and islation addresses the many short-comings of made to a section or other provision of the Fed- Health concerning seal design, construction, in- the MINER Act of 2006, which Congress eral Mine Safety and Health Act of 1977 (30 spection, maintenance and monitoring. The reg- U.S.C. 801 et seq.). passed in the wake of several fatal coal min- ulations shall also provide that all seals in a ing accidents. SEC. 4. SUPPLEMENTING EMERGENCY RESPONSE mine shall be monitored if they are not designed PLANS. or installed to withstand a constant total pres- I voted against the 2006 legislation because (a) POST ACCIDENT COMMUNICATIONS.—Sec- it did not go far enough to prevent these trag- sure of 240 pounds per square inch, using a stat- tion 316(b)(2)(F)(ii) (30 U.S.C. 876(b)(2)(F)(ii)) is ic structural analysis. Monitoring of seals shall ic, avoidable accidents, instead focusing ex- amended— be done by continuous monitoring devices with- clusively on emergency response and rescue. (1) by striking ‘‘Not later than’’ and inserting in one year of the date of enactment of this Act, It is a national disgrace that S–MINER is the the following: and prior thereto by qualified personnel at such first legislation in over 30 years that addresses ‘‘(II) Not later than’’; and intervals as the Secretary determines are ade- preventing mining accidents and illness. We (2) by inserting after the clause designation quate to ensure safety. The Secretary shall re- have witnessed far too many needless disas- the following: quire mine operators to utilize a tamper-resist- ‘‘(I) Not later than 120 days after the enact- ant method to retain records of all such moni- ters and I am proud to support this com- ment of the S–MINER Act, a plan shall, to be in prehensive legislation which will not only fur- toring and ensure they are available for exam- approved status, provide for a post accident ination and verification by the agency. Moni- ther improve emergency response, but also communication system between underground toring of seals shall be done both by— reduce health risks to workers and enhance and surface personnel, and for an electronic ‘‘(i) sampling through at least 1 seal in each prevention efforts. tracking system permitting surface personnel to bank of seals; and Mr. GEORGE MILLER of California. determine the location of any persons trapped ‘‘(ii) for new seals, unless infeasible due to Mr. Chairman, I yield back the balance underground, that utilizes a system at least as property rights, sampling through a sufficient of my time. effective as a ‘leaky feeder’ or wireless mesh number of boreholes from the surface to the The CHAIRMAN. All time for general type communication and tracking system cur- sealed areas underground to effectively deter- rently in use in the industry. These systems mine the gas concentrations within the area. debate has expired. shall be enhanced physically, electronically, or ‘‘(C) In addition, the regulations shall provide Pursuant to the rule, the amendment redundantly, to improve their survivability in that— in the nature of a substitute printed in the event of a mine disaster. In addition, to be ‘‘(i) seal sampling pipes shall be composed of the bill shall be considered as an origi- in approved status, an emergency response plan materials that minimize the risk of transmitting

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Screening to meet the requirements of established that will, among any other require- Section 303(d) (30 U.S.C. 863(d)) is amended by this section must have a load bearing capacity ments, include specific actions the mine operator adding at the end the following new paragraph: at least equivalent to a load of 2.5 tones between will take to protect miners during the critical ‘‘(3) Not later than 90 days after the date of bolts on a 4 foot pattern. time period immediately after sealing or repair enactment of the S–MINER Act, all mine opera- ‘‘(h)(1) An operator shall be required to have takes place, and which shall be reviewed by per- tors shall be required to implement a commu- a current and approved barrier reduction or pil- sonnel from the Mine Safety and Health Admin- nication program at each of such operators’ fa- lar extraction plan, or both, before performing istration who have the required expertise prior cilities to ensure that each person entering the such activities. The Secretary shall only ap- to approval; and operation is made aware at the start of that per- prove a barrier reduction or pillar extraction ‘‘(iii) methane pressures behind any seal re- son’s shift of the current conditions of the mine plan if it provides adequate protection and mini- quired to be monitored shall be maintained in in general and of that person’s specific worksite mizes the risks for miners engaged in the activ- such a manner as ensure that normal pressure in particular. In an effort to facilitate these ity, reflecting appropriate engineering analysis, variations that can be reasonably anticipated in communications, all agents of the operator who computer simulations, and consultations with the area of the seal do not bring the methane- are responsible for ensuring the safe and health- technical experts in the agency, in the National air mixture into an appropriate safety range ful working conditions at the mine, including Institute for Occupational Safety and Health, surrounding the known explosive range of such mine foremen, assistant mine foremen, and mine and in the Bureau of Land Management for mixtures.’’. examiners, shall, upon exiting the mine or work- any mines leasing Federal coal resources, and (3) VENTILATION CONTROLS.—Section 303(c) (30 place, communicate with those replacing them only if the plan complies with any specific re- U.S.C. 863) is amended by inserting at the end on duty to verbally update them on the condi- quirements that may be adopted by the Sec- the following new paragraph: tions they observed during their shift, including retary for barrier reduction or pillar extraction ‘‘(4) Not later than 1 year after the date of en- any conditions that are abnormal or hazardous. activities including requirements related to the actment of the S–MINER Act, the Secretary Prior to entering the mine or other workplace depth of the mine, geology of the mine, mine shall publish interim final regulations to en- the on-coming agent of the operator shall meet height and methods, and emergency response hance the survivability of underground mine with all members of the crew they are respon- capabilities. ventilation controls. The Secretary shall require sible for and inform them of the general condi- ‘‘(2) A copy of a proposed barrier reduction or that stoppings be constructed using solid con- tions at the operation and in their specific work pillar extraction plan, or both, shall be provided crete blocks laid wet and sealed with an appro- area. This process shall be completed prior to to the authorized representative of miners at priate bonding agent on at least the side sub- the start of each shift at the operation and re- least 10 days prior to submission to the Sec- jected to the velocity of the intake air coursing corded in a book designated for that purpose retary for approval. The authorized representa- through the entry, except that in the case of and available for inspection by all interested tive of miners may provide comments to the Sec- stoppings constructed during barrier reduction parties. In the event the operation is idle prior retary who shall respond thereto. and pillar removal operations, such stoppings to the start of any shift the agent of the oper- ‘‘(3) The Secretary shall establish a special in- may be constructed using hollow block and an ator shall meet with the individual or individ- ternal review process for operator plans to pro- appropriate bonding agent.’’. uals who were responsible for examining the tect miners from the risks addressed by this sec- (4) ROCK DUSTING.—Section 304(d) (30 U.S.C. mine to obtain the necessary information.’’. tion when working at depths of more than 1500 864) is amended by adding at the end the fol- (f) ATMOSPHERIC MONITORING SYSTEMS.—Sec- feet and in other mines with a history of moun- lowing: ‘‘Not later than June 15, 2009, the Na- tion 317 (30 U.S.C. 877) is amended by adding at tain bumps. tional Institute for Occupational Safety and the end the following: ‘‘(i) Not later than 1 week before the com- Health shall issue recommendations as to ‘‘(u) Not later than May 1, 2008, an operator mencement of any barrier reduction or pillar ex- whether changes to these requirements are nec- of an underground mine shall install atmos- traction operations, the mine operator shall no- essary to ensure an equivalent level of protec- pheric monitoring systems in all underground tify the appropriate representative of the Sec- tion in light of any changes to the size and com- areas where miners normally work and travel retary of his intention to begin or resume barrier position of coal dust since these requirements that provide real-time information regarding reduction or pillar extraction. The Secretary were established, and the Secretary of Labor carbon monoxide levels, and that can, to the shall document such notification in writing, and shall take appropriate action, including the maximum extent possible, withstand explosions shall, before barrier reduction or pillar extrac- issuance of an emergency temporary standard if and fires.’’. tion operations begin, take action to ensure that warranted, to respond to these recommenda- (g) METHANE MONITORS.—Section 303(h) (30 every person who will be participating in such tions.’’. U.S.C. 863(h)) is amended by redesignating operations is trained in the operator’s barrier re- (d) LIMITING CONVEYOR BELT RISKS.— paragraph (2) as paragraph (3), and inserting duction and/or and pillar extraction plan. The (1) FLAME RESISTANT CONVEYOR BELTS.—Sec- after paragraph (1) the following new para- Secretary shall observe the barrier reduction or tion 311(h) is amended by adding at the end the graph: pillar extraction operations for a sufficient pe- following: ‘‘Not later than January 31, 2008, the ‘‘(2) Each miner who is working alone for part riod of time to ensure that the mine operator is Secretary shall publish interim final regulations of a shift shall be equipped with a multi-gas de- fully complying with the barrier reduction or to ensure that all conveyor belts in use in un- tector that measures current levels of methane, pillar extraction plan. The Secretary may pre- derground coal mines are replaced no later than oxygen, and carbon monoxide.’’. clude the commencement of such operations or December 31, 2012, with belts that can meet the (h) LIGHTNING STUDY BY NATIONAL ACADEMY halt such operations at any time the safety of flame resistance requirements recommended by OF SCIENCES.—Not later than 1 year after the miners comes into question.’’. the National Institute for Occupational Safety date of enactment of this Act, the National (2) STUDY.—Not later than 1 year after the and Health, and which limit smoke and toxic Academy of Sciences shall submit to the Sec- date of enactment of this Act, the National emissions. Any conveyor belt installed in a coal retary and to Congress recommendations on— Academy of Sciences shall, in consultation with mine after the date of enactment of the S– (1) actions that need to be taken to strengthen the National Institute for Occupational Safety MINER Act shall meet such requirements.’’. existing requirements in law or regulations to and Health, submit to the Secretary and to Con- (2) BELT AIR.—Section 303(y) (30 U.S.C. 863) is ensure that miners are protected, to the fullest gress recommendations for— amended by adding at the end the following: extent permitted, from the risks of lightning (A) actions that need to be taken to strength- ‘‘(3) Not later than June 20, 2008, the Sec- strikes near a mine; en existing requirements in law or regulations to retary shall revise the regulations prescribed (2) recommendations for adopting any existing ensure that miners are protected, to the fullest pursuant to this section to require, in any coal technology to the mining environment to mini- extent permitted, from ground control hazards, mine, regardless of the date on which it was mize any such risks; and including the special hazards associated with opened, that belt haulage entries not be used to (3) research needed for improved technology. barrier reduction and pillar extraction; ventilate active working places. The Secretary (i) ROOF AND RIB SUPPORT, BARRIER REDUC- (B) adopting any existing technology to the may agree to a modification of this requirement, TION AND PILLAR EXTRACTION, SPECIAL ATTEN- mining environment to improve miner protec- pursuant to the procedures of section 101(c), if TION TO DEEP MINING.— tions during barrier reduction and pillar extrac- and only if— (1) AMENDMENTS TO EXISTING LAW.—Section tion, and on research needed for improved tech- ‘‘(A) the mine operator establishes to the satis- 302 is amended— nology to improve miner protections during such faction of the Secretary that significant safety (A) by amending the section heading to read operations; constraints require such usage; and ‘‘ROOF AND RIB SUPPORT, BARRIER REDUCTION (C) adopting any existing technology to the ‘‘(B) the mine operator agrees to comply with AND PILLAR EXTRACTION, SPECIAL ATTENTION TO mining environment to improve miner protec- criteria established by the Secretary which DEEP MINING’’; tions during mining at depths below 1000 feet, shall, at a minimum, include the conditions rec- (B) in subsection (a), by inserting after the and on research needed for improved technology ommended by the Technical Study Panel estab- second sentence the following: ‘‘The Secretary to improve miner protections during such oper- lished under section 514. shall by regulation ensure the appropriate use ations; and ‘‘(4) Plans that have been approved by the of roof screen in belt entries, travelroads, and (D) adopting any existing technology to the Secretary prior to the date of enactment of the designated intake and return escapeways in ac- mining environment to improve miner protec- S–MINER Act that permit the use of belt-air to cordance with the requirements of subsection tions during secondary mining of coal resources, ventilate active working places in a mine are (g).’’; and and on research needed for improved technology

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to improve miner protections during such oper- (l) APPROVAL CENTER PRIORITIES.—The Sec- ber of qualified and properly trained inspectors ations. retary shall expedite the process for approving of the Mine Safety and Health Administration (j) SCSR INSPECTION PROGRAM.— any— are in place before any inspectors employed as (1) IN GENERAL.—The Secretary shall— (1) self-rescue device that permits the replen- of the date of enactment of the S–MINER Act (A) establish a program to randomly remove ishment of oxygen without requiring the device retire, any ceilings on the number of personnel and have tested by the National Institute for user to remove the device; and that may be employed by the Administration Occupational Safety and Health field samples of (2) underground communication device that with respect to mine inspectors are abolished for each model of self-rescue device used in an un- provides for communication between under- the 5-year period beginning on the date of en- derground coal mine in order to ensure that the ground and surface personnel via a wireless actment of such Act. self-rescue devices in coal mine inventories are two-way medium. ‘‘(d) In the event that, notwithstanding the working in accordance with the approval cri- (m) TECHNOLOGY AND MINE EMERGENCY actions taken by the Secretary to hire and train teria for such devices; HEALTH AND SAFETY RESEARCH PRIORITIES.—In qualified inspectors, the Secretary is temporarily (B) require a manufacturer of a self-rescue de- implementing its research activities in the 5-year unable, at any time during the 5-year period be- vice and the mine operator who owns a device to period beginning on the date of enactment of ginning on the date of enactment of the S– contact the Secretary immediately upon notifi- this Act, the National Institute for Occupational MINER Act, to employ the number of inspectors cation of any potential problem with any such Safety and Health shall give due consideration required to staff all district offices devoted to device, and provide a copy of such notice to the to new technologies, and existing technologies coal mines at the offices’ highest historical lev- representative of miners at the affected oper- that could be adapted for use in underground els without transferring personnel from super- ation; and coal or other mines, that could facilitate the visory or plan review activities or diminishing (C) notify immediately all operators of under- survival of miners in a mining emergency. Such current inspection resources devoted to other ground coal mines if the Secretary detects or is technologies include— types of mines, the Administration is authorized advised of any problems with the self-rescue de- (1) self-contained self-rescue devices capable to hire retired inspectors on a contractual basis vices. of delivering enhanced performance; to conduct mine inspections, and the retirement (2) DETERMINATION.—For the purposes of (2) improved battery capacity and common benefits of such retired inspectors shall not be paragraph (1)(A), the National Institute for Oc- connection specifications to enable emergency reduced as a result of such temporary contrac- cupational Safety and Health shall determine communication devices for miners to be run from the number of field samples of each device to be tual employment. the same portable power source as a headlamp, ‘‘(e) During the 5-year period beginning on removed for testing, and the mines from which continuous dust monitor, or other device carried the samples are to be drawn to ensure a random the date of enactment of the S–MINER Act, the by a miner; Secretary shall issue a special report to the ap- sample is obtained, and shall provide mine oper- (3) improved technology for assisting mine res- propriate committees of Congress each year, or ators with self-rescue devices to replace any re- cue teams, including devices to enhance vision at such more frequent intervals as the Secretary moved for random testing. Should this testing during rescue or recovery operations; reveal a potential problem with a device that re- (4) improved technology, and improved proto- or any such committee may consider appro- quires additional testing, the Secretary shall re- cols for the use of existing technologies, to en- priate, providing information about the actions move such additional samples from such mines able conditions underground to be assessed being taken under this section, the size and as may be requested by the National Institute promptly and continuously in emergencies, so as training of the inspector workforce at the Mine for Occupational Safety and Health, and it to facilitate the determination by appropriate Safety and Health Administration, the level of shall be the obligation of mine operators to pro- officials of the instructions to provide both to enforcement activities, and the number of re- vide self-rescue devices to promptly replace any miners trapped underground and to mine rescue quests by individual operators of mines for com- removed as a result of such additional testing. teams and others engaged in rescue efforts; pliance assistance.’’. (k) APPLICATION TO UNDERGROUND METAL (5) improvements to underground mine ven- (c) OFFICE OF MINER OMBUDSMAN.—Title V is AND NONMETAL MINES.—Title II is amended by tilation controls separating mine entries to be amended by adding at the end the following: adding at the end the following new section: more resistant to mine fires and explosions, par- ‘‘SEC. 516. OFFICE OF MINER OMBUDSMAN. ‘‘SEC. 207. APPLICATION TO UNDERGROUND ticularly in those entries used for miner ‘‘(a) ESTABLISHMENT OF MINER OMBUDS- METAL AND NONMETAL MINES. escapeways; MAN.—There shall be established, within the Of- ‘‘(a) CONVEYOR BELTS.—The regulations to be (6) mine-wide monitoring systems and strate- fice of the Inspector General of the Department issued pursuant to section 311(h) concerning gies that can monitor mine gases, oxygen, air of Labor, the position of Miner Ombudsman. conveyor belts shall also provide that all con- flows, and air quantities at strategic locations The President, by and with the advice and con- veyor belts in use in underground metal and throughout the mine that would be functional sent of the Senate, shall appoint an individual nonmetal mines are to be replaced, on the same during normal mining operations and following with expertise in mine safety and health to serve schedule, with belts that can meet the flame re- mine fires, explosions, roof falls, and mine as the Miner Ombudsman. The Ombudsman sistance requirements recommended by the Na- bursts, including systems utilizing monitoring shall have authority to hire such personnel as tional Institute for Occupational Safety and sensors that transfer data to the mine surface are required to administer his duties in accord- Health, and which limit smoke and toxic emis- and the installation of tubing to draw mine gas ance with applicable law, provided they meet sions. Any conveyor belt installed in an under- samples that are distributed throughout the any general requirements for employment within ground metal or nonmetal mine after the date of mine and can quickly deliver samples to the the Office of the Inspector General. enactment of the S–MINER Act shall meet such mine surface; and ‘‘(b) DUTIES.—The Miner Ombudsman shall— requirements. (7) protective strategies for the placement of ‘‘(1) recommend to the Secretary appropriate ‘‘(b) SEALS.—The regulations to be issued pur- equipment, cables, and devices that are to be practices to ensure the confidentiality of the suant to section 303(z)(2) concerning the ap- utilized during mine emergencies such as com- identity of miners, and the families or personal proval, design, construction, inspection, mainte- munication systems, oxygen supplies, and mine representatives of the miners, who contact mine nance and monitoring of underground coal mine atmosphere monitoring systems, to protect them operators, authorized representatives of the min- seals shall make the same rules applicable to from mine fires, roof falls, explosions, and other ers, the Mine Safety and Health Administration, seals in underground metal and nonmetal mines damage. the Department of Labor, or others with infor- which have been classified by the Secretary as a mation about mine accidents, incidents, injuries, SEC. 5. SUPPLEMENTING ENFORCEMENT AU- category I, III, or V mine pursuant to section THORITY. illnesses, possible violations of mandatory 57.22003 of title 30, Code of Federal Regulations, (a) AUTHORITY OF INSPECTORS.—Section health or safety standard violations or plans or because they naturally emit defined quantities 103(a) (30 U.S.C. 813(a)) is amended by adding other mine safety and health concerns; of methane. at the end the following: ‘‘No person shall limit ‘‘(2) establish a toll-free telephone number ‘‘(c) ADVISORY COMMITTEE.—Promptly after or otherwise prevent the Secretary from entry on and appropriate Internet website to permit indi- the date of enactment of the S–MINER Act The a coal or other mine, or interfere with the Sec- viduals to confidentially report mine accidents, Secretary shall establish an advisory committee retary’s inspection activities, investigative ac- incidents, injuries, illnesses, possible violations to provide recommendations as to the need to re- tivities, or rescue or recovery activities.’’. of mandatory health or safety standard viola- vise the regulations applicable to underground (b) TRANSITION TO A NEW GENERATION OF IN- tions or plans or other mine safety and health metal and nonmetal mines to ensure that miners SPECTORS.—Section 505 (30 U.S.C. 954) is amend- concerns, and provide plastic wallet cards, re- in such mines are as protected in emergency sit- ed— frigerator magnets, or similar devices to all mine uations as will be underground coal miners fol- (1) by striking ‘‘The Secretary’’ the first place operators, which mine operators shall distribute lowing the full implementation of the MINER it appears and inserting ‘‘(a) The Secretary’’; to all current and new miners, with contact in- Act, the provisions of the S–MINER Act, and re- and formation for such confidential reports, and also lated actions by the Secretary. The advisory (2) by adding at the end the following: provide supplies of these devices to miner com- committee shall be established pursuant to the ‘‘(b) Within 270 days of the enactment of the munities; Advisory Committee Act, and shall provide rec- S–MINER Act, the Secretary shall establish a ‘‘(3) collect and forward information con- ommendations to the Secretary and to Congress Master Inspector program to ensure that the cerning accidents, incidents, injuries, illnesses, not later than 21 months after the date of enact- most experienced and skilled employees in the possible violations of mandatory health or safe- ment of this Act, including recommendations as Nation have the incentive, in terms of respon- ty standard violations or plans or other mine to any action by Congress that could facilitate sibilities and pay, to serve as mine safety and safety and health concerns to the appropriate the goal of providing equivalent protections to health inspectors in this Nation’s mines. officials of the Mine Safety and Health Admin- miners in underground metal and nonmetal ‘‘(c) In order to ensure that the Secretary has istration for investigation, or to appropriate of- mines.’’. adequate time to provide that a sufficient num- ficials within the Office of Inspector General for

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4636 Sfmt 6333 E:\CR\FM\A16JA7.027 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H57 investigation or audit, or both, while estab- a period of 180 days, the withdrawal order pro- thority to issue an order requiring the mine op- lishing practices to protect the confidentiality of visions of paragraphs (1) and (2) shall no longer erator to cease production under such final or- the identify of those who provide such informa- apply.’’. ders of the Commission have been paid in full.’’ tion to the Ombudsman; and (4) FINE FOR A PATTERN OF VIOLATIONS.—Sec- (g) MAXIMUM AND MINIMUM PENALTIES.—Sec- ‘‘(4) monitor the Secretary of Labor’s efforts tion 110 (30 U.S.C. 820) is amended— tion 110(a)(1) (30 U.S.C. 820(a)(1)) is amended by to promptly act upon complaints filed by miners (A) by redesignating subsections (i) through striking ‘‘more than $50,000 for each such viola- under section 105(c) of the Act or pursuant to (l) as subsections (j) through (m), respectively; tion.’’ and inserting ‘‘less than $500 or more other programs administered by the Department and than $100,000 for each such violation, except to protect whistleblowers, and report to Con- (B) by inserting after subsection (h) the fol- that, in the case of a violation of a mandatory gress any recommendations that would enhance lowing: health or safety standard that could signifi- such rights or protections. ‘‘(i)(1) If the Secretary determines that a pat- cantly and substantially contribute to the cause ‘‘(c) AUTHORITY.—All complaints of operator tern of violations under section 104(e) exists, the and effect of a coal or other mine health or safe- violations of any section of this Act or regula- Secretary shall assess a penalty, in addition to ty hazard, the penalty shall not be less than tions prescribed under this Act that are reported any other penalty authorized in this Act for a $1,000 or more than $150,000, for each such vio- to the Secretary shall be forwarded to the Om- violation of such section, of not less than $50,000 lation.’’. budsman for logging and appropriate action, ex- nor more than $250,000. All operators of the (h) FACTORS IN ASSESSING PENALTIES.—The cept that this requirement shall be implemented mine, including any corporate owners, shall be Federal Mine Safety and Health Act of 1977 is in such a way as to avoid interference in any jointly and severally liable for such penalty. amended— way with the ability of the Assistant Secretary The amount of the assessment under this para- (1) in section 105(b)(1)(B)— for Mine Safety and Health to take prompt ac- graph shall be designed to ensure a change in (A) by striking: ‘‘the size of the business of the tions that may be required in such situations. the future conduct of the operators and cor- operator charged’’ and inserting ‘‘the combined This shall include complaints submitted in writ- porate owners of such mine with respect to mine size of the business of the operator and any con- ing, via any phone system, or orally, along with safety and health, given the overall resources of trolling entity’’; all relevant information available regarding the such operators. Notwithstanding subsection (k) (B) by striking ‘‘the effect on the operator’s complainant. All such information shall be re- or section 113, a penalty assessed by the Sec- ability to continue in business,’’; and tained in a confidential manner pursuant to the retary under this paragraph may not be reduced (C) by adding at the end the following: ‘‘In Privacy Act of 1974. The Ombudsman shall use by the Commission. settling cases, the Secretary shall utilize the such information to monitor the actions taken to ‘‘(2) In addition to the authority to withdraw same point system as that utilized to propose ensure that miners’ complaints are addressed in miners from an area of a coal or other mine pur- penalties, so as to ensure consistency in oper- a timely manner and in compliance with the ap- suant to section 104(e), the Secretary shall with- ator penalty assessments.’’; and propriate statutes and regulations. The Om- draw all miners from the entire mine when any (2) in section 110(j) (as redesignated by sub- budsman shall refer to appropriate personnel pattern of violations has been determined to section (a)(4))— within the Office of the Inspector General for exist until such time as the Secretary certifies (A) by striking: ‘‘the size of the business of the further review any case which he determines that all identified violations have been corrected operator charged’’ and inserting ‘‘the combined was not handled in such fashion. and the operator has agreed to abide by a writ- size of the business of the operator and any con- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ten plan approved by the Mine Safety and trolling entity’’; There are hereby authorized to be appropriated Health Administration to ensure that such a (B) by striking ‘‘the effect on the operator’s to the Ombudsman such sums as may be re- pattern of conduct will not recur.’’. ability to continue in business,’’; and quired for the implementation of his duties out (e) NOTIFICATION OF ABATEMENT.—Section (C) by adding at the end the following: ‘‘In of the sums otherwise made available to the 104(b) (30 U.S.C. 814(b)) is amended— any review requested by a mine operator, or in Mine Safety and Health Administration for its (1) by redesignating paragraphs (1) and (2) as settling cases, the Commission shall utilize the activities.’’. subparagraphs (A) and (B), respectively; same point system as that developed by the Sec- (d) PATTERN OF VIOLATIONS.— (2) by striking ‘‘If,’’ and inserting: retary for proposed assessments so as to ensure (1) PROMPT IDENTIFICATION OF PATTERN.—Not ‘‘(2) If,’’; and consistency in operator penalty assessments.’’. later than 3 months after the date of enactment (3) by inserting after the subsection designa- (i) CIVIL PENALTY FOR INTERFERENCE OR DIS- of this Act, the Secretary shall revise the regula- tion the following: CRIMINATION.—Section 110 (30 U.S.C. 820) is fur- tions issued by the Secretary under section ‘‘(1) An operator issued a citation pursuant to ther amended by adding at the end the fol- 104(e) of the Federal Mine Safety and Health subsection (a) shall notify the Secretary that the lowing: Act of 1977 (30 U.S.C. 814(e)) as in effect on the operator has abated the violation involved. If ‘‘(n) CIVIL PENALTY FOR INTERFERENCE OR day before such date of enactment, so that the such operator fails to provide such a notice to DISCRIMINATION.—Any operator who is found to regulations provide that— the Secretary within the abatement time as pro- be in violation of section 105(c), or in violation (A) when a potential pattern of violations is vided for in the citation, the Secretary shall of section 103(a) (as amended by this Act) shall identified by any inspector or district manager issue an order that requires the operator (or the be subject to a civil penalty of not less than of the Mine Safety and Health Administration, agent of the operator) to immediately cause all $10,000 nor more than $100,000 for each occur- the operator of the coal or other mine and the persons, except those persons referred to in sub- rence of such violation.’’. authorized representative of miners for the mine section (c), to be withdrawn from, and to be pro- (j) WITHDRAWAL ORDER.—Section 107(a) (30 shall be notified by the inspector or district hibited from entering, such area as the Sec- U.S.C. 817(a)) is amended by inserting after the manager not later than 10 days after such iden- retary determines until an authorized represent- first sentence the following: ‘‘In addition, in the tification; and ative of the Secretary determines that such vio- event of any violation of section 315 or section (B) after receiving the notification described lation has been abated. Notwithstanding any 316, or regulations issued pursuant to such sec- in subparagraph (A), the appropriate official of operator notice, no violation shall be determined tions, such representative shall determine the the Mine Safety and Health Administration to be abated until an authorized representative extent of the area of such mine throughout shall promptly review any such potential pat- of the Secretary visits the site and determines which the danger exists and issue an order re- tern of violations and, not later than 45 days such violation has been fully abated.’’. quiring the operator of such mine to cause all after receiving such notification, make a final (f) FAILURE TO TIMELY PAY PENALTY ASSESS- persons, except those referred to in section decision as to whether a citation for a violation MENTS.—Section 105(a) (30 U.S.C. 815(a)) is 104(c), to be withdrawn from, and to be prohib- of section 104(e) of such Act should be issued in amended by striking the third sentence and in- ited from entering, such area until an author- light of the gravity of the violations and the op- serting the following: ‘‘The operator shall, not ized representative of the Secretary determines erator’s conduct in connection therewith. later than 30 days from the receipt of the notifi- that the violations have been abated.’’. (2) IDENTIFICATION OF PATTERN.—Section cation of a citation issued by the Secretary, no- (k) CLARIFICATIONS OF INTENT IN THE 1977 104(e)(1) (30 U.S.C. 814(e)(1)) is amended by in- tify the Secretary that the operator intends to ACT.—The Federal Mine Safety and Health Act serting after the first sentence the following: contest the citation or proposed assessment of a of 1977 is amended— ‘‘In determining whether a pattern of violations penalty, and the operator shall place in escrow (1) in section 3(d) (30 U.S.C. 802)— exists, the Secretary shall give due consideration with the Secretary the amount of the proposed (A) by inserting ‘‘mineral’’ before ‘‘owner’’; to all relevant information, such as the gravity assessment. The Secretary shall place any es- (B) by inserting ‘‘mineral’’ before ‘‘lessee’’; of the violations, operator negligence, history of crow submitted by a mine operator for this pur- (C) by striking ‘‘or any independent’’ and in- violations, the number of inspection shifts the pose into an interest bearing account and shall serting ‘‘and any independent’’; and Secretary or her agents have spent at the oper- release the funds to the operator, including in- (D) by inserting before the semicolon the fol- ation, and the frequency of violations per num- terest accrued, upon the payment of any final lowing: ‘‘, and no operator may, by contract or ber of inspection days spent at the operation.’’. assessment determination. If notification and other agreement, limit any liability under this (3) TERMINATION OF PATTERN.—Section proof of escrow is not provided to the Secretary, Act through transfer of any responsibilities to 104(e)(3) (30 U.S.C. 814(e)(3)) is amended by add- the citation and the proposed assessment of pen- another person’’; ing at the end the following: ‘‘In addition, if an alty shall be deemed a final order of the Com- (2) in section 103 (30 U.S.C. 813)— operator subject to paragraphs (1) and (2) dem- mission and not subject to review by any court (A) in subsection (b)— onstrates objective evidence that they are cor- or agency. In the event that a mine operator re- (i) by striking the first sentence and inserting recting the problems that gave rise to the pat- fuses to comply with a final order of the Com- the following: ‘‘For the purpose of enabling the tern of violations, and the violation frequency mission to pay civil monetary penalties and stat- Secretary to perform the functions under this rate for such operator declines significantly for utory interest, the Secretary shall have the au- Act, the Secretary may, after notice, hold public

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4636 Sfmt 6333 E:\CR\FM\A16JA7.027 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H58 CONGRESSIONAL RECORD — HOUSE January 16, 2008 hearings and sign and issue subpoenas for the to the Advisory Committee Act, and shall con- shall include copies of all historic maps that can attendance and testimony of witnesses and the duct a review of existing State licensing require- be obtained, as well as copies of currently ap- production of information, including but not ments and registries, assess their effectiveness, proved mining maps, which the Secretary shall limited to relevant data, papers, books, docu- and shall provide its recommendations to Con- arrange to copy and preserve in digital form. ments and items of physical evidence, and ad- gress not later than 2 years after the date of en- The Secretary may coordinate the operation of minister oaths, whether or not in connection actment of this Act. such repository with the Secretary of the Inte- with a public hearing.’’; and SEC. 6. SUPPLEMENTING RESCUE, RECOVERY, rior provided the other requirements of this (ii) in the last sentence by striking ‘‘docu- AND INCIDENT INVESTIGATION AU- paragraph are observed. In addition, the Sec- ments’’ and inserting ‘‘information, including THORITY. retary shall include in this repository copies of data, papers, books, documents, and items of (a) EMERGENCY CALL CENTER.—Not later than the most currently available mine emergency re- physical evidence’’; and 30 days after the date of enactment of this Act, sponse plan, roof plans, ventilation plans, and (B) in subsection (h), in the first sentence, by the Secretary shall establish, within the Mine such other plans required for any type of mine, striking ‘‘information’’ and inserting ‘‘data, pa- Safety and Health Administration, a central following any required approval, so that they pers, books, documents, and items of physical communications emergency call center for all may be immediately accessed in an emergency, evidence’’; coal or other mine operations that shall be in a manner consistent with the requirements of (3) in section 104 (30 U.S.C. 814)— staffed and operated 24 hours per day, 7 days section 312(b) of the Act. (A) in subsections (d)(1), (e)(1), (e)(2), (e)(3), per week, by 1 or more employees of the Mine (d) REQUIRED NOTIFICATION OF EMERGENCIES and (e)(4), as amended by this Act, by inserting Safety and Health Administration. All calls AND SERIOUS INCIDENTS.—Section 103(j) (30 ‘‘or any provision of this Act’’ after ‘‘standard’’ placed to the emergency call center shall be an- U.S.C. 813(j)) is amended— or ‘‘standards’’ each place either such term ap- swered by an individual with adequate experi- (1) in the first sentence, by inserting ‘‘or re- pears; and ence and training to handle emergency mine sit- portable event’’ after ‘‘accident’’; (B) in subsection (d)(1), as amended by this uations. A single national phone number shall (2) in the second sentence— Act, by striking ‘‘while the conditions created be provided for this purpose and the Secretary (A) by inserting ‘‘of accidents’’ after ‘‘the no- by such violation do not cause imminent dan- shall ensure that all miners and mine operators tification’’; and (B) by inserting ‘‘, or in the case of a report- ger,’’; are issued laminated cards with emergency call able event that is not required to be reported as (4) in section 105 (30 U.S.C. 815)— center information. an accident, within 1 hour of the time at which (A) in subsection (a), in the first sentence, by (b) CONTACT INFORMATION.—The Secretary striking ‘‘, within a reasonable time after the shall provide the emergency call center with a the operator realizes that the event has oc- termination of such inspection or investiga- contact list, updated not less often than quar- curred’’ before the period; and (3) by inserting at the end the following: ‘‘For tion,’’; terly, that contains— the purposes of this subsection, a reportable (B) in subsection (c)— (1) the contact phone numbers, including the (i) in paragraph (1)— event shall include— home phone numbers, for the members of each ‘‘(1) a fire not required to be reported more (I) by inserting ‘‘or an injury or illness in a mine rescue team responsible for each coal or coal or other mine or that may be associated promptly; other mine; ‘‘(2) a sudden change in mine atmospheric with mine employment,’’ after ‘‘of an alleged (2) the phone numbers for the local emergency danger or safety or health violation in a coal or conditions in a sealed area; and rescue services unit that is located nearest ‘‘(3) a coal or rock outburst that causes the other mine,’’; and to each mine; (II) by inserting at the end the following: ‘‘No withdrawal of miners; or (3) the contact phone numbers, including the ‘‘(4) any other event, as determined in regula- miner shall be required to work under conditions home phone number, for the operator of each tions promulgated by the Secretary, that needs he has reasonable grounds to believe to be ab- mine; to be reported within 1 hour in order for the normally and immediately dangerous to himself (4) the contact phone numbers, including the Secretary to determine if the working conditions beyond the normal hazards inherent in the op- home phone numbers, for the national and dis- in the mine are safe.’’. eration which could reasonably be expected to trict officials of the Mine Safety and Health Ad- (e) ENHANCING THE CAPABILITIES OF MINE cause death of serious physical harm before ministration; RESCUE TEAMS.— such condition or practice can be abated.’’; and (5) the contact phone numbers, including the (1) AMENDMENT TO FMSHA.—Section (ii) in paragraph (2), by inserting after the home phone numbers, for the State officials in 115(e)(2)(B) (30 U.S.C. 825(e)(2)(B)) is amended fifth sentence the following: ‘‘No investigation each State who should be contacted in the event by adding at the end the following: or hearing authorized by this paragraph may be of a mine emergency in such State; and ‘‘(v) The provision of uniform credentials to stayed to await resolution of a related grievance (6) the contact phone numbers, including the mine rescue team members, support personnel, or proceeding’’; and home phone number, for the authorized rep- vehicles for immediate access to any mine site. (C) by adding at the end the following: resentative of the miners at each mine. ‘‘(vi) The plans required at each mine to en- ‘‘(e) Attorneys representing the Secretary are sure coordination with local emergency response Each mine operator shall ensure that the Sec- authorized to contact any miner or non-mana- personnel and to ensure that such personnel re- retary is provided with completely current infor- gerial employee of a mine operator for the pur- ceive adequate training to offer necessary assist- mation required to be maintained by the Sec- poses of carrying out the Secretary’s functions ance to mine rescue teams in the event such as- retary pursuant to paragraphs (1), (3), and (6). under this Act and no attorney representing the sistance is requested. Such local emergency re- The Secretary shall give due consideration to Secretary shall be disbarred or disciplined by sponse personnel shall not perform the duties of the information collected by the joint govern- any State bar or State court for making such any mine rescue team. contacts. No attorney representing a mine oper- ment-industry Mine Emergency Operations ‘‘(vii) Requirements to ensure that operators ator in a matter under this Act may concur- database. are prepared to facilitate the work of mine res- INE LOCATIONS; REPOSITORY OF MINING rently represent individual miners in the same (c) M cue teams during an emergency by— matter.’’; and MAPS.— ‘‘(I) storing necessary equipment not brought (5) in section 110 (30 U.S.C. 820)— (1) MINE LOCATIONS.—The Secretary shall es- on site by mine rescue teams in locations readily (A) in subsection (b)(2), by striking ‘‘under’’ tablish, maintain, and keep current, on the De- accessible to mine rescue teams; and inserting ‘‘of subsections (a) through (h) partment of Labor’s website, a detailed map or ‘‘(II) providing mine rescue teams with a of’’; and set of maps showing the exact geographic loca- parking and staging area adequate for their (B) in subsection (c)— tion of each operating or abandoned mine in the needs; (i) by striking ‘‘Whenever a corporate oper- United States, as determined by a global posi- ‘‘(III) identifying a space appropriate for co- ator’’ and inserting ‘‘Whenever a mine oper- tioning system. Such map or maps shall— ordinating emergency communications with the ator’’; (A) be presented, through links within the mine rescue team; and (ii) by striking ‘‘safety standard’’ and insert- website, in such a way as to make the location ‘‘(IV) identifying and maintaining separate ing ‘‘safety standard or requirement of this of a mine instantly available to the emergency spaces for family members, community members, Act’’; personnel responding to the mine; and press to assemble during an emergency so as (iii) by inserting ‘‘partner, owner,’’ after ‘‘di- (B) be available to members of the public; to facilitate communications with these groups rector,’’; and (C) allow a user to find the geographic loca- while ensuring the efforts of the mine rescue (iv) by striking ‘‘such corporation’’ and in- tion of a particular mine, or the geographic lo- teams are not hindered.’’. serting ‘‘such mine operator’’. cations of all mines of a particular type in a (2) RESEARCH.—Section 22(h)(5)(A) of the Oc- (l) FEDERAL LICENSING.—The Secretary shall county, congressional district, State, or other cupational Safety and Health Act of 1970 (29 promptly establish an advisory committee to pro- commonly used geographic region; and U.S.C. 671(h)(5)(A)) is amended by adding be- vide recommendations as to whether the Federal (D) provide the geographic location of any fore the period at the end thereof: ‘‘including Mine Safety and Health Act of 1977 should pro- mining waste impoundments with links to asso- advanced drilling technologies, and any special vide for Federal licensing of mines, mine opera- ciated emergency contact information and avail- technologies required for safety or rescue in tors, mine controllers, or various mine personnel able emergency response plans. mining more than 1,500 feet in depth’’. in order to ensure that those engaged in mining (2) REPOSITORY OF MINING MAPS.—The Sec- (f) Title I of the Act is amended by adding at activities are not frequent violators of safety retary shall establish a national repository for the end thereof a new section: and health requirements, and establish a na- preserving a digital archive of mining maps to ‘‘SEC. 117. EMERGENCY PREPAREDNESS PLAN. tional registry in connection therewith. The ad- be accessible directly and without delay from ‘‘Not later than 6 months of the enactment of visory committee shall be established pursuant the Department’s web site. The mining maps the S–MINER Act, the Secretary shall establish

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4636 Sfmt 6333 E:\CR\FM\A16JA7.027 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H59 and disseminate guidelines for rescue operations vestigation pursuant to the requirements of this ‘‘(iii) a representative of mine workers with that will: (1) establish clear lines of authority Act. Any family member of a miner trapped or familiarity with the type of mining involved, within the agency for such operations; (2) estab- otherwise unable to execute a designation of a who shall be the workers’ certified bargaining lish clear lines of demarcation so private sector miner representative on his or her own behalf representative at the mine or, if there is no cer- and State responders can properly implement may do so on behalf of the miner for any and all tified representative at the mine, then a work- their responsibilities; (3) be appropriate for res- purposes’’; and ers’ representative jointly selected by organized cue in various types of conditions reasonably (B) in section 316(b)(2)(E)(vi) (as added by labor organizations: likely to be encountered in the United States, this Act), by adding at the end the following ‘‘(iv) an academic with expertise in mining; including such factors as the depth of the min- ‘‘The plan shall also set forth the operator’s and ing, ground stability, ground slope, remoteness plans for assisting the Secretary in the imple- ‘‘(v) a representative of the State in which the from major roads, surface ownership and access mentation of section 118.’’. accident or incident occurred to be selected by problems, and the availability of necessary com- (i) RECOVERY.—Section 103 is amended by the Governor. munications linkages. The Secretary shall con- adding at the end thereof— ‘‘(D) Such rules shall include procedures to sult with States, rescue teams and other re- ‘‘(l) Rescue efforts for trapped miners shall ensure that the Secretary will be able to cooper- sponders in developing such guidelines, and not cease as long as there is any possibility that ate fully with the independent investigation shall update them from time to time based upon miners are alive, unless such efforts pose a seri- team and will use the powers of the Secretary experience.’’. ous danger to rescue or other workers, and the under this section to help obtain information (g) AUTHORITY OF SECRETARY DURING RESCUE decision to cease a rescue shall be made by the and witnesses required by the independent in- OPERATIONS.—Section 103 (30 U.S.C. 813) is fur- Secretary‘s representative. Thereafter, efforts to vestigation team, procedures to ensure witnesses ther amended— recover the remains of miners shall continue un- are not coerced and to avoid conflicts of interest (1) in subsection (j), by adding at the end less such efforts pose a serious danger to recov- in witness representation, procedures to ensure thereof: ery workers, and the decision to cease such re- confidentiality if requested by any witness, and ‘‘If the representative of the Secretary super- covery efforts shall be made by the Secretary’s procedures to enable the independent investiga- vises and directs the rescue and recovery activi- representative.’’. tion team to conduct such public hearings as it ties in such mine, the operator shall comply (j) ACCIDENT AND INCIDENT INVESTIGATIONS.— deems appropriate. Such rules shall also require with the requests of the authorized representa- Section 103(b) (30 U.S.C. 813(b), as amended by that upon completion of any accident or inci- tive of the Secretary to facilitate rescue and re- section 5(k)(2) of this Act, is further amended— dent investigation of accidents or incidents in- (1) by striking ‘‘For the purpose’’ and insert- covery activities including the provision of all volving multiple serious injuries or deaths, or ing the following: equipment, personnel, and other resources re- multiple entrapments, the independent inves- ‘‘(3) For the purpose’’; quired to perform such activities in accordance tigation team shall— (2) by inserting after the subsection designa- ‘‘(i) issue findings as to the actions or inac- with the schedule and requirements established tion the following: tions which resulted in the accident or incident; by the representative of the Secretary for this ‘‘(1) For all accident and incident investiga- ‘‘(ii) make recommendations as to policy, reg- purpose, and failure of the operator to comply tions under this Act, the Secretary shall deter- ulatory, enforcement or other changes, includ- in this regard shall be considered an egregious mine why the accident or incident occurred; de- ing statutory changes, which in the judgment of violation of this Act.’’; and termine whether civil or criminal requirements the independent investigation team would best (2) in subsection (k), by striking ‘‘, when were violated and, if so, issue citations and pen- prevent a recurrence of such actions or inac- present,’’. alties, and make recommendations to avoid any tions at other mines; and (h) RESCUE COMMUNICATIONS.— recurrence. The Secretary shall also determine ‘‘(iii) promptly make all such findings and (1) REPEAL.—The MINER Act (30 U.S.C. 801 whether the conduct or lack thereof by Agency recommendations public (except findings and note) is amended by striking section 7, redesig- personnel contributed to the accident or inci- recommendations that must be temporarily with- nating sections 8 and 9 as sections 7 and 8, and dent. held in connection with a criminal referral), in- sections 11 through 14 as sections 9 through 12, ‘‘(2)(A) For any accidents or incidents involv- cluding appropriate public hearings to inform respectively. ing multiple serious injuries or deaths, or mul- the mining community of their respective find- (2) AMENDMENT TO FMSHA.—Title I of the Act tiple entrapments, there shall also be an inde- ings and recommendations. is further amended by adding at the end the fol- pendent investigation to consider why the acci- ‘‘(E) As part of the Secretary’s annual report lowing: dent or incident occurred, make recommenda- to Congress pursuant to section 511(a), the Sec- ‘‘SEC. 118. FAMILY LIAISONS REQUIREMENT. tions to avoid a recurrence, and determine retary shall report on implementation of rec- ‘‘The Secretary shall— whether the conduct or lack thereof by agency ommendations issued by any independent inves- ‘‘(1) designate a full-time permanent employee personnel contributed to the accident or inci- tigation teams in the preceding 5 years.’’; and of the Mine Safety and Health Administration dent. (3) by adding at the end the following: to serve as a Family Liaison, who shall, at least ‘‘(B) Not later than 30 days after the date of ‘‘(4) Nothing in this Act shall be construed to in instances where multiple miners are trapped, enactment of the S–MINER Act, the Secretary limit the authority of the Chemical Safety and severely injured or killed, act as the primary shall initiate rulemaking activity to establish Hazard Investigation Board to conduct an inde- communication with the families of the miners rules on the procedures that will be used to in- pendent investigation of the accident or incident concerning all aspects of the rescue operations, vestigate accidents and incidents involving mul- or the events or factors resulting therein, nor including the location or condition of miners, tiple serious injuries or deaths, or multiple en- with the authority of the Office of the Inspector and assist the families in getting answers to trapments, and shall directly contact and solicit General to conduct an investigation of the con- their questions, and otherwise serve as a liaison the participation of duct of DOL personnel in connection with an to the families, and provide for the temporary ‘‘(i) individuals identified by the Secretary as accident or incident or the events or factors re- reassignment of other personnel who may be re- family members of miners who perished in min- sulting therein, and the Secretary shall cooper- quired to assist the Family Liaison in connec- ing accidents of any type during the preceding ate in full with any such investigation. Such in- tion with a particular incident; 10-year period; vestigation shall be in addition to any investiga- ‘‘(2) require the Mine Safety and Health Ad- ‘‘(ii) organizations representing miners; tion authorized by section 103(b).’’. ministration to be as responsive as possible to re- ‘‘(iii) mine rescue teams; SEC. 7. RESPIRABLE DUST STANDARDS. quests from the families of such miners for infor- ‘‘(iv) Federal, State, and local investigation (a) RESPIRABLE DUST; RESPIRABLE SILICA mation relating to the mine accident, and waive and prosecutorial authorities; and DUST.—Section 202 (30 U.S.C. 842) is amended to any fees required for the production of docu- ‘‘(v) others whom the Secretary determines read as follows: ments pursuant to 5 U.S.C. 552(a)(3) in connec- may have information relevant to this rule- ‘‘SEC. 202. DUST STANDARD AND RESPIRATORY tion with a request from a family member, or au- making. EQUIPMENT. thorized representative of miners, for documents Such rulemaking shall be completed by October ‘‘(a)(1) Effective on the date of enactment of relating to a mine fatality, notwithstanding any 1, 2008. the S–MINER Act, each coal mine operator shall conditions for fee waivers law that may other- ‘‘(C) The rules for the investigation of acci- continuously maintain the concentration of res- wise be imposed by law; and dents or incidents involving multiple serious in- pirable dust in the mine atmosphere during each ‘‘(3) designate a highly qualified representa- juries or deaths, or multiple entrapments, shall shift to which each miner in the active workings tive of the Secretary with experience in public provide for the appointment and operations of of such mine is exposed at or below a time- communications to be present at mine accident any such independent investigation team in ac- weighted average of 1.00 milligrams of respirable sites where rescues are in progress during the cordance with the requirements of this para- dust per cubic meter of air averaged over 10 entire duration of such rescues, to serve as the graph. An independent investigation team shall hours or its dose-equivalent for shorter or longer primary communicator with the press and the be appointed by the Director of the National In- period of time. For purposes of this paragraph, public concerning all aspects of the rescue oper- stitute for Occupational Safety and Health as ‘a dose-equivalent’ means the amount of dust ations, including the location or condition of soon as possible after a qualifying accident or that a miner would inhale during his work shift miners.’’. incident. The members shall consist of: as if he were working for 10 hours, and the term (3) CONFORMING AMENDMENTS.—The Act is ‘‘(i) a representative from the National Insti- ‘shift’ means portal-to-portal for underground amended— tute for Occupational Safety and Health who coal mines and ‘bank to bank’ for other coal (A) in section 103(f), by inserting before the shall serve as the Chairman; mines. period at the end of the first sentence the fol- ‘‘(ii) a representative of mine operators with ‘‘(2) At regular intervals to be prescribed by lowing: ‘‘, and to participate in any accident in- familiarity with the type of mining involved; the Secretary and the Secretary of Health and

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4636 Sfmt 6333 E:\CR\FM\A16JA7.028 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H60 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Human Services, the Secretary will take accu- ‘‘(d) Each operator shall report and certify to and Health to recommend a sufficiently detailed rate samples of the amount of respirable dust in the Secretary at such intervals as the Secretary REL, at which time the provisions of this para- the coal mine atmosphere to which each miner may require as to the conditions in the active graph shall be implemented. Nothing in this in the active workings of such mine is exposed workings of a coal mine, including, the average subsection shall limit the ability of the National in order to determine compliance with the re- number of working hours worked during each Institute of Occupational Safety and Health to quirements of paragraph (a)(1) of this section. shift, the quantity and velocity of air regularly make such recommendations more frequently In addition, the Secretary shall cause to be reaching the working faces, the method of min- than 1 time per year, nor limit the Secretary made such frequent spot inspections as he deems ing, the amount and pressure of the water, if from establishing requirements for chemical and appropriate of the active workings of coal mines any, reaching the working faces, and the num- other substances or health hazards in the min- for the purpose of obtaining compliance with ber, location, and type of sprays, if any, used.’’. ing industry that are more comprehensive and the provisions of this title. All samples by the (b) CONFORMING AMENDMENT.—Section 205 (30 protective than those established pursuant to Secretary shall be taken by a personal dust U.S.C. 845) is repealed. this subsection and in accordance with the monitor that measures, records and displays in (c) ASSESSMENT ON PROGRAM OPERATIONS OF other requirements of this section.’’. real time the concentration of respirable dust to CUMULATIVE IMPACT OF EXTERNAL REQUIRE- (b) ASBESTOS.—Section 101 (30 U.S.C. 811) is which the miner wearing the device is exposed, MENTS ADDED SINCE 1977.—The Secretary shall further amended by adding at the end the fol- and shall include the sampling of areas, occupa- request the National Academy of Sciences to lowing: tions or persons. For the purposes of deter- conduct a study of the impact on the mine safe- ‘‘(g) The health standard for asbestos estab- mining compliance with the exposure limit for ty and health responsibilities of the Department lished by the Occupational Safety and Health respirable dust, only a single sample shall be re- of Labor of various statutes, executive orders, Administration that is set forth in section quired to determine non-compliance, and there and memoranda applicable to the issuance of 1910.1001 of title 29, Code of Federal Regula- shall be no adjustment for measurement error in rulemaking and guidance and to enforcement. tions, or any subsequent revision of that regula- tion, shall be adopted by the Secretary for appli- the measured level of respirable dust. The study shall include an assessment of the cation in the mining industry not later than 30 ‘‘(3) At intervals established by the Secretary, Equal Access to Justice Act, the Regulatory days of the enactment of the S–MINER Act. each operator of a coal mine shall take accurate Flexibility Act, the Small Business Regulatory Nothing in this paragraph shall preclude the samples of the amount of respirable dust in the Enforcement Fairness Act, the Data Quality Secretary from adopting regulations to address mine atmosphere to which each miner in the ac- Act, the Paperwork Reduction Act, the Un- asbestos hazards to miners not covered by the tive workings of such mine is exposed to identify funded Mandates Reform Act, the Federal Advi- regulations of the Occupational Safety and sources of exposure so that the operator can sory Committee Act, the Congressional Review Health Administration.’’. take corrective action and assure that the expo- Act, Executive Order 12866, Executive Order (c) HAZARD COMMUNICATION.—Section 101 (30 13422, and memoranda from the Office of Man- sure of each mine is below the exposure limit. U.S.C. 811) is further amended by adding at the agement and Budget on guidance, risk assess- Under the provisions of this Act, all such sam- end the following: ples shall be taken by a personal dust monitor ment and cost analysis. The Secretary shall re- ‘‘(h) Unless and until there is additional rule- that measures, records and displays the con- quest that the National Academy of Sciences making pursuant to the requirements of this sec- centration of respirable dust to which the miner consult widely with experts in administrative tion, the Secretary shall apply the provisions of wearing the device is exposed, and may include law and other disciplines knowledgeable about the interim final rule of October 3, 2000, con- samples of less than a full shift. The results of such requirements, and to quantify to the extent cerning hazard communication, in lieu of the such sampling shall be transmitted to the Sec- possible the costs to miners of the aforemen- final rule of June 21, 2002, concerning hazard retary in a manner established by him, and re- tioned requirements. The Secretary shall further communication.’’. corded by him in a manner that will assure ap- request that recommendations be included in the plication of the provisions of this section of the report, and that such report and recommenda- The CHAIRMAN. No amendment to Act. tions be completed, and forwarded to the Con- the committee amendment is in order ‘‘(4) Each miner shall be equipped with a per- gress, no later than 21 months after the date of except those printed in House Report sonal dust monitor that measures, records and enactment of this Act. 110–508. Each amendment may be of- displays in real time the concentration of res- SEC. 8. OTHER HEALTH REQUIREMENTS. fered only in the order printed in the pirable dust to which the miner wearing the de- (a) AIR CONTAMINANTS.—Section 101 of (30 report; by a Member designated in the vice is exposed. Each miner shall be permitted to U.S.C. 811) is amended by adding at the end the report; shall be considered read; shall adjust his work activities whenever necessary to following: be debatable for the time specified in keep his exposure to respirable coal dust, as ‘‘(f) Notwithstanding the other requirements the report, equally divided and con- measured, recorded and displayed by such de- of this section, not later than 30 days of the en- trolled by the proponent and an oppo- vice, at all times at or below the permitted con- actment of the S–MINER Act, the National In- nent of the amendment; shall not be centration. stitute for Occupational Safety and Health shall subject to amendment; and shall not be ‘‘(b) Effective on the date of enactment of the forward to the Secretary its Recommended Expo- S–MINER Act, each operator of a coal or other sure Limits (RELs) for chemical and other haz- subject to a demand for division of the mine shall continuously maintain the con- ards to which miners may be exposed, along question. centration of respirable silica dust in the mine with the research data and other necessary in- AMENDMENT NO. 1 OFFERED BY MR. GEORGE atmosphere during each shift to which each formation. Within 30 days of receipt of this in- MILLER OF CALIFORNIA miner in the active workings of such mine is ex- formation, the Secretary shall to adopt such rec- The CHAIRMAN. It is now in order to posed at or below a time-weighted average of ommended exposure limits as the Permissible Ex- consider amendment No. 1 printed in 0.05 milligrams of respirable silica dust per cubic posure Limits (PELs) for application in the min- House Report 110–508. meter of air averaged over ten hours or its dose- ing industry. The National Institute of Occupa- Mr. GEORGE MILLER of California. equivalent for shorter or longer period of time. tional Safety and Health shall annually submit Mr. Chairman, I offer an amendment. For the purposes of this paragraph, compliance to the Secretary any additional or revised rec- The CHAIRMAN. The Clerk will des- shall be determined by the sampling of areas, ommended exposure limits for all chemicals and ignate the amendment. occupations or persons, only a single sample other hazards to which miners may be exposed, The text of the amendment is as fol- shall be required to determine non-compliance, and the Secretary shall be obligated to adopt and there shall be no adjustment for measure- such exposure limits as PELs for application in lows: ment error in the measured level of respirable the mining industry within 30 days of receipt of Amendment No. 1 offered by Mr. GEORGE silica dust. For the purposes of this paragraph, such information. Upon petition from miners or MILLER of California: a ‘dose-equivalent’ means the amount of dust mine operators providing credible evidence that Page 5, beginning on line 6, strike ‘‘amend- ed by adding at the end the following:’’ and that a miner would inhale during his work shift feasibility may be an issue for the industry as a insert ‘‘amended— as if he were working for 10 hours, and the term whole, the Secretary may review the feasibility (1) in clause (iii)(I), by inserting before the ‘shift’ means portal-to-portal for underground of any PEL established pursuant to this para- semicolon the following: ‘‘and such require- mines and ‘bank to bank’ for other mines. graph before placing it into effect and, following ment may not be satisfied by placement of ‘‘(c) Respiratory equipment approved by the public notice and comment, make necessary ad- an order with any company for future deliv- Secretary and the Secretary of Health and justments thereto, provided that the adjusted ery of a portable refuge chamber or other Human Services shall be made available to all standard is as protective as is feasible, and that means of providing such emergency supplies persons whenever exposed to concentrations of the PEL shall go into effect as required by the of breathable air’’; and respirable dust or silica in excess of the levels re- other provisions of this paragraph if such action (2) by adding at the end the following: quired to be maintained under this section. Use is not completed within one year. Moreover, Page 5, line 8, strike ‘‘(vi)’’ and insert of respirators shall not be substituted for envi- upon petition from miners or mine operators ‘‘(vii)’’. ronmental control measures in the active work- providing credible evidence that a REL issued Page 5, line 19, strike ‘‘, or’’ and insert a ings. Each operator shall maintain a supply of by the National Institute of Occupational Safety semicolon. respiratory equipment adequate to deal with oc- and Health lacks the specificity required to Page 5, line 23, strike ‘‘, or’’ and insert ‘‘; currences of concentrations of respirable dust serve as a PEL pursuant to this Act, the Sec- or’’. and silica in the mine atmosphere in excess of retary may defer implementation of the require- Page 6, beginning on line 4, strike ‘‘In addi- the levels required to be maintained under this ments of this paragraph and shall promptly re- tion’’ and all that follows through ‘‘emer- section. quest National Institute of Occupational Safety gency shelter’’ and insert ‘‘The regulations

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.028 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H61 shall further provide that in all cases a port- Mr. GEORGE MILLER of California. pose the program if she determines it able refuge chamber shall be installed and This amendment, Mr. Chairman and to be feasible. maintained’’. members of the committee, does four I urge my colleagues to pass the Strike section 4(d)(1) and insert the fol- lowing: things. First, it will authorize $30 mil- manager’s amendment. (1) FLAME RESISTANT CONVEYOR BELTS.— lion for the Department of Labor to Mr. Chairman, I reserve the balance Section 311(h) is amended by adding at the buy a new generation of personal dust of my time. end the following: ‘‘Not later than 90 days monitors required by the builder and Mr. MCKEON. Mr. Chairman, I rise in after the date of enactment of the S-MINER provide them to miners. These dust opposition to the amendment. Act, the Secretary shall publish interim monitors greatly enhance the accuracy The CHAIRMAN. The gentleman final rules to revise the requirements for in measuring the concentration of coal from California is recognized for 5 min- flame resistant conveyor belts to ensure that utes. they meet the most recent recommendations dust in underground coal mines. Both Mr. MCKEON. Mr. Chairman, the S– from the National Institute for Occupational miner and industry representatives Safety and Health, and to ensure such belts have expressed support for this initia- MINER Act was first introduced nearly are designed to limit smoke and toxic emis- tive. It will go a long way in helping us 7 months ago. It was voted on in the sions. A conveyor belt need not meet the re- reverse the rise in black lung and save Education Committee more than 2 quirements of the preceding sentence if— untold amounts of costs in dealing months ago. Yet in all this time this ‘‘(A) it was ordered, in a mine’s inventory, with such debilitating disease. bill has been under consideration, the or installed prior to the date of enactment of Second, the amendment will increase critical issue of drug testing was not the S-MINER Act, or it was ordered after the inserted until the second try on the date of enactment of the S-MINER Act and the time permitted for the mining in- the Secretary certifies that the mine oper- dustry to install a new generation of manager’s amendment, submitted after ator was unable to obtain a belt meeting the fire-resistant conveyor belts, signifi- yesterday’s deadline. Forgive me if I requirements of the preceding sentence; or cantly cutting industry compliance am skeptical that we would have been ‘‘(B) in the case of any such belt that has costs with the underlying bill. This given the same opportunity to revise been in use for more than 5 years in any ca- amendment takes into account the in- our amendment at the last minute if pacity in any mine, such belt has received an dustry concerns about significant we had sought to do so. Nevertheless, annual inspection by a certified professional amounts of old-style conveyor belts al- the amendment now before us replaces to ensure that the belt is free from visible defects that could cause failure or possible ready purchased and in reserve. Under the previous version of the legislation, ignition.’’. this provision, miners can use up the and it deserves our thorough review. Page 19, strike lines 6 through 15 and insert reserved belts before purchasing new I want to thank Chairman MILLER for the following: fire-resistant belts so long as after 5 recognizing some of the flaws in the S– ‘‘(a) CONVEYOR BELTS.—The requirements years of use they pass a proper annual MINER Act and attempting to address of section 311(h) concerning conveyor belts in them. The amendment includes some underground coal mines, including the ex- inspection. ceptions and limitations in connection Third, the amendment would elimi- modest improvements, including an ex- therewith, shall also apply to conveyor belts nate delays by some mine operators in tension in the timeline for installation in underground metal and nonmetal mines.’’. providing supplies of breathable air in of the new generation of fire-resistant Page 55, line 24, insert after the period the underground coal mines for miners who conveyor belts. At the same time, I am following: ‘‘There is authorized to be appro- may become trapped as required under troubled by the proposal to limit the priated to Secretary $30,000,000 to purchase the MINER Act of 2006. We recently ability of mine operators to comply personal dust monitors for the purposes of the preceding sentence.’’. learned that some miner operators are with breathable air requirements. With At the end of the bill, insert the following: putting refuge chambers on order, with the ongoing backlog of the SCSRs, the (d) STUDY ON MINER SUBSTANCE ABUSE a wait of several years in some cases, breathing device required in mines, ISSUES THAT POSE SAFETY RISKS.— and MSHA has been treating these pur- today we demand mine operators to, at (1) STUDY.—The Secretary of Labor shall chase orders as sufficient to comply a minimum, offer a purchase order to conduct a study providing expert review and with the MINER Act’s breathable air demonstrate their effort to comply recommendations of policies designed to deal with substance abuse by miners, including requirement. In the meantime, miners with the requirement. the causes, nature, and extent of such abuse, are underground without the breath- By preventing mine operators from its impact on mine safety and health, best able air that this Congress intended producing proof of SCSR purchases as practices for treatment, rehabilitation, and them to have. At least 11 of the 12 min- evidence of compliance, this amend- substance abuse testing policies, and the ers of the Sago explosion, for example, ment could push mines across the adequacy of State laws and approaches. In did not die because of the explosion. country out of compliance, despite conducting such study, the Secretary shall They died because, after many hours of their proven effort to comply with the solicit the views of and consult with all in- requirement in the only way possible. terested parties, including miners, miners’ awaiting rescue, they ran out of air. So representatives, mine operators, appropriate this provision closes an apparent loop- What would the penalty be for the Na- State agencies, and public health and sub- hole in the MINER Act and ensures tion’s mines being deemed noncompli- stance abuse experts. that breathable air is readily available ant? Would these mines be shut down, (2) REPORT.—Not later than 6 months after to miners underground today while op- leaving miners without work? What the date of enactment of this Act, the Sec- erators await the delivery of refuge possible rationale could there be for retary shall report the findings and rec- chambers. Such air supplies can be pro- threatening mine workers’ jobs as they ommendations of the study to the Com- struggle with today’s economic pres- mittee on Education and Labor of the House vided via air cylinders or through of Representatives and the Committee on boreholes to the surface pursuant to sures just because there aren’t compa- Health, Education, Labor and Pensions of MSHA instructions. nies that have the ability to produce the Senate Finally, this amendment deals with these required instruments? (3) ADDITIONAL AUTHORITY.—If, as a result the potential safety problems posed by Similarly, but perhaps even more of the study, the Secretary determines it to substance abuse in a direct and respon- troubling, the amendment imposes the be feasible and effective, the Secretary shall sible fashion. Many of us have seen the same backwards logic on the new re- be authorized to establish a program, in con- recent reports about the rise of sub- quirement for possible refuge cham- sultation with the parties described in para- stance abuse problems in mines and bers. On the one hand, it mandates that graph (1), within the Mine Safety and Health Administration to provide for substance mining communities. There is no doubt mines have these refuge chambers in abuse testing of miners as well as rehabilita- that the injuries, overwork and stress order to operate. On the other hand, it tion and treatment of miners suffering from that miners experience can leave some makes clear that mines which purchase substance abuse. of them vulnerable to abusing sub- the chambers but through no fault of The CHAIRMAN. Pursuant to House stances like painkillers. Now, none of their own must wait for them to be Resolution 918, the gentleman from the recent tragedies have been linked manufactured, will be unable to oper- California (Mr. GEORGE MILLER) and a in any way to drug use, but we should ate without this very specific and wide- Member opposed each will control 5 be proactive in this area. ly unavailable product. minutes. The amendment directs the Sec- The majority knows that portable The Chair recognizes the gentleman retary of Labor to study the problem in refuge chambers will have a production from California. consultation with all parties and to im- backlog of years. They also know that

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.016 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H62 CONGRESSIONAL RECORD — HOUSE January 16, 2008 in being so specific as to mandate port- and alcohol-related car accidents combined. So Trapp loaded up on painkillers, first able refuge chambers with no alter- That was an 18 percent increase from 2005 Percocet and later OxyContin. When the pre- native, this provision guarantees that and a 270 percent increase from a decade ago, scribed dose no longer did the job, Trapp mines will be shut down while waiting state medical examiner records show. took more. Then more. He began ‘‘doctor The problem is most acute in Virginia’s shopping,’’ driving to Roanoke and Rich- for the product to be manufactured. I poorest rural areas, and it is not limited to mond to find physicians who would give him don’t know if that is the goal, to shut miners. In 2006, accidental pain pill prescriptions. down mines, but that will be the net overdoses killed more people in Tazewell When the pharmacies couldn’t provide result. County (pop. 44,000) than in Fairfax County enough pills, Trapp found dealers who would. On the issue of drug testing, while I (pop. 1.1 million). In Wise County, where Friends were melting oxycodone tablets and question the last-minute addition of Trapp lives and the per capita income is injecting themselves—‘‘bangin’ OCs’’—but $14,000 a year, the fatal overdose rate for this proposal, I appreciate the belated Trapp was too squeamish to mess with nee- pain pills was 13 times those of Loudoun and dles. He crushed the tablets and snorted acknowledgment that drug abuse in Fairfax counties. them like cocaine off his kitchen table. He the mining community is a significant ‘‘The abuse and misuse of painkillers is the didn’t feel high, just ‘‘good.’’ The relief was problem that demands action. Unfortu- worst I have seen it in the 16 years I have instant. nately, this amendment offers little in worked narcotics in this area,’’ said Lt. ‘‘I got hooked on those bad boys real bad,’’ the way of action. Instead of imme- Richard Stallard of the Big Stone Gap police he says. diately implementing a drug testing department. He is director of the Southwest But when Trapp didn’t have pills, the with- Virginia Drug Task Force, which operates in program, this amendment calls for a drawal symptoms left him ‘‘sick as a dog’’ Dickinson, Lee, Scott and Wise counties. His and bedridden. ‘‘Every muscle in your body study. We don’t need a study to tell us officers made 442 arrests through the first craves it,’’ he says. ‘‘You can’t sleep, can’t whether drug abuse is a problem in the nine months of last year, an 86 percent in- eat. It’s like the flu, but 10 times worse.’’ mines. All you need to do is pick up the crease from the same period in 2006. In two years, Trapp put $60,000 of his re- front page of The Washington Post In what is perhaps the most troubling sign tirement savings, maybe more, up his nose. Sunday edition and read about it. of the problem’s intractability, the single His daughter begged him to get help, as did deadliest drug in the region in 2006 was the his wife, Sue, who works as a shift manager At this time I would like to submit same one being legally distributed to addicts this article, written by Nick Miroff, at a Hardee’s and as a guard at Red Onion through treatment clinics such as the one State Prison, the supermax facility where into the RECORD. You will see the per- Trapp visits: methadone. sniper Lee Boyd Malvo is being held. vasiveness of this problem. A large black market has emerged for the Trapp was ‘‘wormed over’’ after three days [From the Washington Post, Jan. 13, 2008] drug, which is supposed to treat addiction or into involuntary withdrawal when his wife chronic pain with less risk than OxyContin took him to a clinic to get help in 2005. He A DARK ADDICTION and other oxycodone-based opioids. But couldn’t walk, and he couldn’t hold up his (By Nick Miroff) methadone was linked to 78 deaths in west- head. He began taking methadone that week. TAZEWELL COUNTY, VA.—The crowd is ern Virginia in 2006, and experts say that Foreman Gary Boyd steers through the gathering early in the dirt parking lot out- whatever ground was gained against the ille- tunnels of Pioneer Coal No. 1 in a low-rise gal use of OxyContin is being lost, engulfed side the Clinch Valley Treatment Center, the electric cart, sloshing across channels of in a widening circle of abuse that extends to only methadone clinic within 80 miles. Third cold, muddy water. His nickname, Stork, is painkillers, antidepressants and other pre- in line, Jeff Trapp smokes Winstons in his stenciled on his scuffed plastic helmet, and a scription drugs. pickup, watching the cars turn off the high- slug of dipping tobacco bulges in his lower way and settle behind him, tires crunching Round-the-clock security is posted at Clinch Valley Treatment Center, a two-story lip. on cold gravel, headlights glaring. It is 2:45 ‘‘The good Lord put me on this Earth to be cement building along Route 19 that was a.m., and Trapp has been awake for two a coal miner,’’ he says, ‘‘and I can’t think of once a hamburger restaurant. It serves al- hours. The clinic does not start dosing until nothing I’d rather do.’’ He ducks slightly 5. most 1,000 patients, drawing them from steep-sided mountain ‘‘hollers’’ and tiny coal when the ceiling height drops to 40 inches. Like Trapp, many of the patients who A bearish man with a soot-streaked beard, towns such as Dante, Dungannon, Honaker filled the lot one recent morning have jobs at Boyd stands well over 6 feet tall outside the and other places where the winter sun casts far-off mines that start at 6 or 7. They sleep mine. But underground, in a 31⁄2-foot ‘‘low long shadows but little light. upright in their vehicles, slumped against coal’’ operation such as this one in the the steering wheel, dressed for work in steel- Every morning before sunup, Trapp drives 120 miles—from his home in Coeburn to the mountains near Vansant, VA, Boyd mostly toed black boots and coveralls lined with or- clinic and back—stopping once for coffee and works on his hands and knees, crawling like ange reflective strips. Dark rings circle their gas at the Double Kwik in Lebanon. He has an infant. He and the other men spend the eyes where the previous day’s coal dust been going for two years, trading this de- entire shift, sometimes 12 hours or more, didn’t wash off. pendency for the $600–a-day oxycodone habit without ever standing up. ‘‘Everybody you see here works,’’ says that made his nose bleed and his wife cry. He Compared with the large, corporate-owned Trapp, his smoke-cured voice a low rumble. is 54, with a pale moustache, a four-pack-a- mines that use the latest technology and en- A $14 plug-in heater from ‘‘Wally’’ (Wal- day wheeze and the drained, sallow expres- force tighter safety codes, Pioneer No. 1, the Mart) whirs on the dash. ‘‘Ain’t no spongers. sion of someone who has not slept in a long company’s only mine, is a mom-and-pop af- No loafers,’’ he says. time. fair, run by a single operator and a 10-man Work in the mines hasn’t been as good as When the clinic doors open at 5, the crowd crew. It extends horizontally into the moun- it is now in a generation. With per-ton prices streams into the warm hallway, squinting in tain through a maze-like network of wide, doubling in the past six years, Virginia un- the indoor light. Trapp hands over $12.50 at a low tunnels, and a red plastic sign along the earthed about $1.6 billion worth of coal in payment window, then lines up at another access road outside reads ‘‘AMBULANCE 2006, much of it to feed the growing energy window for his dose: 80 milligrams of liquid ENTRANCE.’’ demands of the Washington region. methadone, mixed with juice in a little With narrower profit margins, small-scale Wages are up, bosses are hiring and rookie white cup. He must gulp it down quickly and outfits such as Pioneer, often known as ‘‘dog miners can start at $18 an hour—a small for- get back on the road. His boss expects him at holes,’’ typically pay less and don’t offer tune in a region where, as Trapp says, ‘‘if 6:30. benefits such as health insurance. But for you ain’t working in the mines or in the ‘‘This methadone makes you feel like a miners who have been fired from corporate prisons, you don’t make money.’’ human being again,’’ Trapp says. mines for drug violations or other infrac- But it is a boom clouded by drugs. Nearly With disability rates as high as 37 percent tions, smaller mines, which must still meet a decade after OxyContin slammed into in coal-mining areas such as Buchanan Coun- state safety standards, are a good fallback. southwestern Virginia and much of Appa- ty, the region has many people with long- The ‘‘face,’’ where Boyd’s crew was work- lachia, the abuse of prescription painkillers term pain management needs. As is the case ing that day, was a half-mile into the moun- in the region is worse than ever, police and with lots of aging miners, Trapp’s addiction tain. A massive grinding machine called a public health officials say. to pills began in a doctor’s office, not a back- continuous miner chewed at the coal seam Publicized efforts to crack down on drug alley drug deal. with a spinning, snaggle-toothed steel cyl- dealers and manufacturers through tougher ‘‘Busted-up’’ from 30 years working as a inder. Water seeped from its mouth and street-level enforcement and tighter pre- heavy-equipment operator and mechanic on trickled from its sides to cool the metal scription regulations have failed to curb the the massive excavators used for strip mining teeth and keep the dust down. The greasy, crisis, and the result is a quiet catastrophe and mountaintop removal, Trapp needed jet-black rock came off in chunks onto a unfolding largely out of sight, in private bed- multiple surgeries to fix seven ruptured and conveyor belt. rooms and isolated trailers far from the drug herniated discs. Doctors wanted to implant a As the machine worked, the tunnel walls war’s urban front lines. magnesium rod to stabilize his spine, but cracked and groaned under the shifting pres- A record 248 people died of overdoses in Trapp refused. sure of the mountain. Crew members scram- Virginia’s western region in 2006, more than ‘‘I’ve known too many people who’ve done bled to stabilize the roof with wooden posts, those who died from homicides, house fires it, and they can’t tie their shoes,’’ he said. wedging them into place with hammers.

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.058 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H63 ‘‘You’re as safe as you would be in your hunt deer, grouse and squirrel for winter Lortab (hydrocodone) after breaking his mommy’s arms—if you watch what you’re meat. hand in an accident a year ago. Now he is doing,’’ Boyd said. He checked a hand-held And yet, some of the damage from his drug one of the patients who wait in line at the meter every few minutes to measure carbon years can’t be undone. Vandyke’s father no methadone clinic every morning. dioxide, which is poisonous, and methane, longer speaks to him, and he and his brother ‘‘A lot of my friends who went off to uni- which can explode. Flecks of coal dust haven’t said a word to each other in nearly versities ended up coming back home and swirled in the yellow beams of the miners’ two years, ever since he said his brother shot getting hooked,’’ he said. ‘‘It’s like it’s fash- headlamps. at him with a .38 and tried to steal Ratliff’s ionable to do drugs.’’ Drug use by miners who snort or shoot up car. To many, the growing traffic at the Clinch underground has been a growing cause for ‘‘I’ll probably never get off methadone be- Valley Treatment Center has made it a concern among state regulators, and a law cause of the shape I’m in,’’ said Mick Wam- shameful symbol of the region’s drug prob- approved last year in the General Assembly pler, a disabled coal miner who lives in a lem. Several Tazewell officials want to shut imposed stringent drug-testing policies. All small room at the end of a narrow hallway in the center down or force it to move, seeing newly hired miners must be screened, and his sister’s house. its for-profit business model and treatment random testing requirements have increased. Wampler, 47, started working in the mines mission as a conflict of interest. According Those who fail risk losing their miner’s li- four days after his 18th birthday. His mother to the clinic’s policy, patients can buy meth- cense. needed the money after floods wiped out the adone as long as they want; detoxification is The impact of the new policies was imme- family’s home in Haysi, VA. But he never voluntary. diate. ‘‘I can’t find nobody to work,’’ said had the nerves for it, he said, and the sight The clinic’s counseling staff members say Noah Vandyke, 60, a lifelong miner who runs of accidents sent him over the edge. He that many patients need to be on some sort Pioneer Coal. ‘‘The younger generation, you watched one friend lose an arm to a rock of drug to cope with severe, long-term pain can’t hardly find one that will pass a drug hauler and saw another electrocuted by a and that methadone has made them func- test.’’ 900-volt mining cable. Wampler began taking tional. And for those who lack insurance or Since the new testing policy went into ef- Valium just to go underground. access to more personalized care, it is often fect in July, Vandyke has lost eight crew ‘‘A lot of people are scared on the job,’’ he the only affordable option. members who were fired because of drugs or said. ‘‘They’ll use alcohol, anything.’’ After ‘‘We need to change the way people look at quit, possibly to avoid having their miner’s falling off a loader and breaking his leg, successful drug addiction treatment,’’ said license revoked for a ‘‘dirty’’ urine sample. Wampler got a prescription for oxycodone. A the clinic’s director, Sterlyn Lineberry. ‘‘Are ‘‘Every family in the area has been af- diabetic, he had needles, and shooting up was we reducing harm to the individual? Is the fected by drug abuse,’’ Vandyke said, ‘‘and it easy. Soon he was hooked on high-potency person working? Taking care of their fam- ain’t just coal miners.’’ In recent years, two Fentanyl patches, ripping them in two to ily?’’ of his sisters have died because of drugs, and wring out the drug, which he would cook up Wunsch, who used to run a methadone clin- two brothers, both injured miners, are deep with vinegar and inject through the veins in ic in the region, says the biggest problem is in the grip of addiction. his feet. ‘‘It was as good as heroin,’’ he said. the lack of state and federal support for Unlike some operators, Vandyke is known He dabbled in that, too. more comprehensive treatment programs. as a boss who will not turn a man away for Years of negative publicity about And powerful stigmas persist. ‘‘A lot of peo- trying to get help at the methadone clinic. OxyContin have made doctors wary of it and ple in southwest Virginia believe this is a One of those is his on-again, off-again ‘‘scoop other oxycodone-based drugs, local health of- moral weakness, not a public health prob- man,’’ Jeff Vandyke, who shuttles coal in- ficials say, but records show that sales of the lem,’’ she said. side the mine in a huge, spoon-shaped elec- drug have increased. In 2006, 746,901 grams of Jeff Trapp knows people who have died tric cart. The two men are not directly re- oxycodone were distributed for retail sale in from methadone but no one who has gotten lated—Vandyke is a common name in the Virginia, nearly triple the amount sold in off it the hard way. He has tried to decrease area—but their lives have been intertwined 1999, according to the Virginia Department his dose, but the cravings come back every since the elder miner gave the younger his of Health Professions. Although sales have time. So instead, he drives. first job underground 15 years ago. slowed since 2001, they increased 9 percent Trapp sets his alarm for 12:30 a.m., waking Like Noah, Jeff Vandyke, 34, grew up in from 2005 to 2006. after a few hours of sleep, and gets dressed in Buchanan County near the town of Grundy. Police in the region say pain pills are en- a dark room. His boss does not like that he With his horizons blocked by the mountain- tering Virginia from other states, even Mex- goes to the clinic, and even less that it has sides, he found a new world underground. ico, where they can be casually bought along made him late to work, and has threatened ‘‘There’s nothing like coal mining,’’ he said. the border. They can also be ordered on the to fire him. ‘‘You know that nobody else will ever go Internet through shady online pharmacies. In the kitchen, Trapp makes coffee with where you’re going. Just the people in that The familiar schemes remain popular, too. the light low. There is a plastic bin above mine, that day.’’ We can’t stop people from going doctor the cabinets to catch the rainwater where The mines led Jeff Vandyke to another shopping,’’ Tazewell Sheriff H.S. Caudill the roof leaks, and a picture of his wife at love: drugs. He got his first prescription for said. ‘‘We need a nationwide program to her high school graduation hangs on the OxyContin after a rock fall accident that left check if John Doe has already been to an- wall. He carries another photo of her riding him with broken ribs, shoulder damage and other pharmacy.’’ a motorcycle. She weighs 95 pounds, but spinal injuries. Disabled and addicted, he Doctors, meanwhile, have been giving out she’s a tough lady, he says. thought he could get away from drugs by more methadone than ever. From 1999 to When Trapp starts the pickup down the leaving, so he moved with his brother to Ari- 2006, the amount of methadone distributed driveway at 1 a.m., the dogs stand on the zona and got a job as a trucker. Soon they for retail sale in Virginia jumped from 30,531 doorstep and watch him go. Last year, he put were buying pills along the Mexican border, grams to 146,479. An underground market for 60,000 miles on the pickup, a 1993 Chevy. The 1,000 at a time, he said. Methamphetamine illegally diverted tablets and liquid doses is road signs say his route is a designated sce- kept them awake, and OxyContin kept them thriving. nic byway, the Trail of the Lonesome Pine, high. ‘‘When we had problems with OxyContin but Trapp drives it in the dark, and there is By 2003, Jeff Vandyke was back home and being diverted, doctors started prescribing nothing to see. drifting deeper into addiction. He lived for methadone,’’ said Martha Wunsch, a re- ‘‘I don’t want to be dependent on doing this more than a year in a broken-down trailer searcher who has a grant from the National every day,’’ Trapp says. He could get permis- with the electricity, water and heat cut off. Institutes of Health to study southwestern sion for a two-week take-home supply of He spent most of his days on a couch in the Virginia’s drug deaths. methadone, if he wanted it. He hasn’t had a dark, stirring every few hours to warm the Wunsch says that methadone in pill form, dirty test yet. But does he trust himself? No. air under his blankets with a propane camp- not the liquid version legally distributed So instead, he drives. ing stove. through addiction clinics, is to blame for the ‘‘I don’t want that temptation on me,’’ he The crippling pain and nausea of with- bulk of fatal overdoses. In one study, she says. ‘‘I’d probably drink two bottles just to drawal pushed him to get help. He drives to found that more than half of all fatal over- see how it felt.’’ a Kentucky clinic for a two-week supply of dose victims had legitimate prescriptions for He opens the window a crack to light an- liquid methadone and says he has been clean methadone tablets. other Winston, watching the shoulder for for three years. He and his girlfriend, Daisy On its own, methadone can’t deliver a deer. When a car passes him on the left, Ratliff, live with her two sons in a trailer ‘‘high’’ like oxycodone or other opiates, so Trapp recognizes the vehicle. He has seen it with a thick coal seam visible on the hillside users combine it with anti-anxiety drugs before, parked outside the clinic. in their back yard. She has brightened the such as Xanax to intensify the effect, cre- There seems to be no hesitation in black lockbox where Vandyke stores his ating a toxic, often fatal, cocktail. Prescrip- this body about implementing manda- methadone with stickers of hearts, stars and tion pills have surpassed marijuana as the tory drug testing for Major League red letters that spell ‘‘I LV U.’’ top drug of choice for new drug users nation- ‘‘My truck’s paid off,’’ Vandyke says, his wide, according to the White House’s Office Baseball. Yesterday, Members on both long, blond hair tucked under a camouflage of National Drug Control Policy. sides of the aisle spent more than 4 cap. ‘‘I’ve got four bows, three shotguns.’’ He ‘‘There’s not much to do around here,’’ said hours examining the question of drug takes time off from the mines in the fall to Jeremy Lowe, 22, a miner who got hooked on abuse among baseball players. I don’t

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.037 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H64 CONGRESSIONAL RECORD — HOUSE January 16, 2008 know what the danger is there. I hate should not be unprotected given the major and a growing problem. And in to see records broken by somebody be- history of the accidents that we have the Central Appalachians, where much cause he’s taken drugs, but the danger witnessed in this country and the prob- of our Nation’s coal is mined, that underground in mines of somebody lems that the miners have reaching problem is one of the largest affecting using drugs is really a real live danger. those breathable supplies after the ex- our communities. One area on which everyone seemed to plosions. Among the major victims of the epi- agree was on the need for mandatory So I would encourage all of my col- demic we are experiencing are, in fact, drug testing for the ballplayers. Yet for leagues to support this amendment, coal miners. But the problems in our our Nation’s mine workers who risk the manager’s amendment, by voting communities are not limited just to their lives by entering the mines, we for it. coal miners. As the article published propose only a study. Mr. Chairman, I yield back the bal- on Sunday indicated, the toll that this ance of my time. sometimes unseen epidemic is taking is b 1345 The CHAIRMAN. The question is on worse now than ever before, and it is We need to protect these miners now. the amendment offered by the gen- growing year by year. In 2006, a record That means testing and nothing less. tleman from California (Mr. GEORGE 248 people died from drug overdoses in Mr. Chairman, this amendment in- MILLER). the region that I have the privilege of cludes some modest improvements. It The question was taken; and the representing. In that year, accidental makes other changes that are ill de- Chairman announced that the noes ap- pain pill overdoses killed more people fined that create new unanswered ques- peared to have it. in one of the coal mining counties in tions, and it makes some changes that Mr. GEORGE MILLER of California. my congressional district that has a could actually worsen the bill. On the Mr. Chairman, I demand a recorded population of 44,000 than died from whole, this amendment, like the S- vote. drug overdoses in Virginia’s largest MINER Act itself, remains an unneces- The CHAIRMAN. Pursuant to clause county, Fairfax County, that has a pop- sary diversion from the bipartisan, 6 of rule XVIII, further proceedings on ulation of 1.1 million. So obviously this widely supported mine safety reforms the amendment offered by the gen- problem is disproportionately affecting enacted in 2006 through the MINER tleman from California will be post- the coal-producing counties not only in Act. I oppose this amendment because poned. Virginia, but it is happening through- I continue to oppose the underlying AMENDMENT NO. 2 OFFERED BY MR. BOUCHER out the Central Appalachian region bill. The CHAIRMAN. It is now in order to where coal is mined. The devastation to families and com- Mr. Chairman, I reserve the balance consider amendment No. 2 printed in munities in the district that I rep- of my time. House Report 110–508. Mr. GEORGE MILLER of California. Mr. BOUCHER. Mr. Chairman, I offer resent is graphic, and that devastation was so well portrayed in the article Mr. Chairman, I would just say that, an amendment. first of all, on the question, I’m sure we The CHAIRMAN. The Clerk will des- that the gentleman from California ref- had both the same reaction when we ignate the amendment. erenced that was published in The read the story in The Washington Post The text of the amendment is as fol- Washington Post on Sunday. And for that we had an opportunity in this leg- lows: those who have not read that article, let me commend it because it points islation to address, the issue of sub- Amendment No. 2 offered by Mr. BOUCHER: stance abuse by those in the mining in- At the end of the bill, insert the following: out the severity that this problem is dustry. You drafted your amendment (d) GRANTS FOR REHABILITATION.— imposing on our rural areas. Metha- and we drafted our amendment. Ours (1) IN GENERAL.—The Secretary of Labor, in done has now replaced OxyContin as is, in fact, a study and then the imple- consultation with the Secretary of Health the most abused and the deadliest mentation of the program. and Human Services, is authorized to award drug, but the epidemic spans a wide grants to appropriate entities and programs range of pain medications. The gentleman from the other side of for the purpose of providing rehabilitation the aisle and his colleagues are always So the amendment that I’m putting services to current and former miners suf- forward really is the action that Mr. saying they don’t want a solution made fering from mental health impairments, in- MCKEON called for just a moment ago in Washington. They want to consult cluding drug addiction and substance abuse in his comments. It is an important other parties. We thought we should issues, which may have been caused or exac- step in addressing the mental health consult the companies. We thought we erbated by their work as miners. The Sec- needs of the miners who suffer from should consult the States that have ex- retary shall ensure such funds are directed work-related drug dependency. They perience in this, the public health to those regions of the country most in need of such assistance. are not the sole victims of the epi- agencies that have some experience in (2) AUTHORIZATION OF APPROPRIATIONS.— demic, but they are disproportionately this, and have the Secretary develop There is authorized to be appropriated to the affected by it. the best program and then enact that Secretary of Labor $10,000,000 to carry out The amendment authorizes the ex- program with drug testing. That’s what the grant program authorized by this sub- penditure of $10 million in grant we thought we should do, and I think it section. awards in regions of the Nation most makes the most sense. There are The CHAIRMAN. Pursuant to House affected by prescription drug abuse States that have extensive experience, Resolution 918, the gentleman from among coal miners in order to provide and rather than just somehow creating Virginia (Mr. BOUCHER) and a Member drug counseling and drug rehabilita- a program sent from Washington, opposed each will control 5 minutes. tion services to them. And that article whether those programs have drug The Chair recognizes the gentleman pointed out the severe lack of those testing or not, didn’t make any sense from Virginia. very services that exist in the coal-pro- to us. (Mr. BOUCHER asked and was given ducing regions of Virginia, and the au- With the rest of the criticisms of the permission to revise and extend his re- thorities who are responsible for deliv- amendment, I think it’s sort of like marks.) ering those kinds of services talked maybe the ‘‘Abbey Road’’ album, where Mr. BOUCHER. Mr. Chairman, I yield about the inadequacy of resources with you guys play it backwards and it says myself such time as I may consume. which they are currently having to ‘‘Paul is dead’’ or something. You’re As the gentleman from California contend. And we take with this amend- reading the amendments upside down pointed out in his recent comments, ment one small step in making sure or something because that’s not what there was a compelling article on the that those resources are enhanced so the amendments do. These are good front page of The Washington Post on they can do their jobs better. amendments. They address some con- Sunday that details the level of drug I urge adoption of the amendment as cerns that the industry has raised with dependency and drug addiction that one important step in addressing an ur- us. And the fact of the matter is min- takes place among coal miners who gent need that we have in the coal min- ers are entitled to have breathable air, have, because of their work, become in- ing communities of the Eastern United to have 96 hours of air underground jured, received medications, and then States. today. When the chambers come, they that has led to drug dependency, often- Mr. Chairman, I reserve the balance will come, but in the meantime they times to drug addiction, and it is a of my time.

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H65 Mr. MCKEON. Mr. Chairman, I rise to Mr. BOUCHER. Mr. Chairman, I yield ‘‘SEC. 117. MINE SAFETY PROGRAM FUND. claim the time in opposition to the myself the balance of my time. ‘‘(a) ESTABLISHMENT.—There is established amendment, but I will not oppose its Mr. Chairman, I want to say thank in the Treasury a separate account to be you to the gentleman from California known as the ‘Mine Safety Program Fund’ passage. (in this section referred to as the ‘Fund’). The CHAIRMAN. Without objection, for his kind remarks and for the strong ‘‘(b) TRANSFERS TO THE FUND.—There shall the gentleman from California is recog- support he has stated for this measure, be deposited in the Fund— nized for 5 minutes. and I want to thank the gentleman ‘‘(1) all penalties collected under section There was no objection. from California (Mr. GEORGE MILLER) 110; and Mr. MCKEON. Mr. Chairman, I really and his outstanding staff for their lead- ‘‘(2) any gifts, bequests, or donations to the want to thank Congressman BOUCHER ership on the overall issue and also Fund from private entities or individuals, for his effort to address this problem of their strong support of this under- which the Secretary of the Treasury is au- drug use among miners. I think it’s thorized to accept for deposit into the Fund, taking. except that the Secretary is not authorized very, very important. I would even go It is critically important that we em- to accept any such gift, bequest, or donation so far as to say if this bill doesn’t show power the individuals who are deliv- that— much progress, if you brought this up ering services to miners who are af- ‘‘(A) attaches conditions inconsistent with as a separate bill, I’d be happy to work fected by drug abuse, who are affected applicable laws or regulations; or with you on it. by drug addiction, so that they can be- ‘‘(B) is conditioned upon or would require This amendment takes an important come productive once again, remain in the expenditure of appropriated funds that first step by acknowledging the prob- the mines working, and that their fam- are not available to the Secretary of Labor. lem and establishing opportunities for ‘‘(c) EXPENDITURES.—Amounts in the Fund ilies can benefit from their productive shall be available, as provided in appropria- treatment. This amendment is a posi- existence. This amendment takes that tions Acts, only for inspections and inves- tive first step, but it does not go far important step, and I urge adoption of tigations conducted pursuant to section enough. it. 103.’’. To complement the Boucher amend- The Acting CHAIRMAN (Mr. PAS- Amend the table of contents in section 1(b) ment, Republicans are proposing a TOR). The question is on the amend- by adding at the end the following: strong framework for mandatory drug ment offered by the gentleman from Sec. 9. Mine safety program fund. testing. We want to ensure that miners Virginia (Mr. BOUCHER). The Acting CHAIRMAN. Pursuant to are tested and those who are under the The question was taken; and the Act- House Resolution 918, the gentleman influence are prevented from entering ing Chairman announced that the ayes from Indiana (Mr. ELLSWORTH) and a the mines and putting their own lives appeared to have it. Member opposed each will control 5 and the lives of their coworkers at Mr. GEORGE MILLER of California. minutes. risk. Mr. Chairman, I demand a recorded The Chair recognizes the gentleman Drug abuse among miners is a serious vote. from Indiana. problem, and according to recent The Acting CHAIRMAN. Pursuant to Mr. ELLSWORTH. Mr. Chairman, my media accounts, it is also a widespread clause 6 of rule XVIII, further pro- staff and I worked hard with Chairman problem. Already States are taking the ceedings on the amendment offered by MILLER and his staff to address some lead on stringent testing initiatives to the gentleman from Virginia will be important issues with this amendment. protect miners from the hazards that postponed. My amendment would strike from come from combining substance abuse AMENDMENT NO. 3 OFFERED BY MR. ELLSWORTH the bill a requirement that penalizes and the dangerous work environment. The Acting CHAIRMAN. It is now in mine operators who have been assessed The Federal Government needs to order to consider amendment No. 3 penalties and pay them in a timely catch up on what is being done in the printed in House Report 110–508. fashion. In its place, the amendment States. Mr. ELLSWORTH. Mr. Chairman, I provides the Secretary of Labor with a I urge my colleagues to support the offer an amendment. mechanism to hold accountable those Republican proposal to implement drug The Acting CHAIRMAN. The Clerk businesses that have a history of delin- testing. At this time I also urge pas- will designate the amendment. quent fine payments, while ensuring sage of the Boucher amendment as an The text of the amendment is as fol- that honest businesses can contest acknowledgment of the problem and an lows: fines without paying them up front. As written, the underlying bill would important first step toward resolving Amendment No. 3 offered by Mr. ELLS- it. WORTH: require all mines to place the amount Mr. BOUCHER. Mr. Chairman, at this Page 32, beginning on line 9, strike of an assessed fine into escrow if they time I am pleased to yield 30 seconds to ‘‘amended by striking’’ and all that follows choose to contest that fine. This is in- the gentleman from California (Mr. through ‘‘The operator shall,’’ and insert tended to ensure that mine operators GEORGE MILLER). ‘‘amended— cannot evade their responsibility to Mr. GEORGE MILLER of California. (1) by inserting ‘‘(1)’’ after the subsection pay fines if they lose that appeal. I thank the gentleman for yielding. designation; and While I support this important new col- (2) by inserting at the end the following: Mr. Chairman, I rise in very strong ‘‘(2)(A) The Secretary shall maintain a list lection tool, I do not think the bill support of his amendment. I think it’s of delinquent operators who fail to timely takes into full account the financial well thought out. It recognizes the pay final assessments. Any operator placed burden that it could create for small problems that were described in the ar- on that list for the first time shall be subject businesses that do not have the means ticle and experienced among his con- to the requirements of this paragraph only to leave funds in escrow while they stituents to provide the kinds of re- until such time as the Secretary determines contest a citation. sources for what clearly, from the nar- that the operator is no longer in arrears. In Indiana and across the country, rative in the story, is a very difficult Any operator placed on that list for a subse- there are numerous mine operations quent time shall remain on the list until that don’t have the operating budget to problem, encountering numerous sub- such time as the Secretary determines the stances, of people who are caught in operator is committed to timely payment of cover such large and unforeseen costs. very difficult situations, many of final assessments. Any operator who believes The small quarry mines in the Midwest whom are struggling to stay employed. he or she has been placed or retained on the and the sand and gravel operations in And I think the kinds of services that list in error may file with the Commission a the South might not have the overhead the gentleman provides in his amend- request for consideration of decision. to freeze thousands of dollars while ment are absolutely necessary, and I ‘‘(B) An operator on the list maintained they appeal the citation. I would hate rise in strong support of the amend- pursuant to paragraph (A) shall,’’. to see those mines forced to miss a Page 32, line 24, strike ‘‘In the event’’ and ment. insert payroll or lay off their hardworking Mr. MCKEON. Mr. Chairman, I like- ‘‘(C) In the event’’. employees because of this provision. wise support the amendment, and I At the end of the bill, insert the following: My amendment addresses this con- thank the gentleman for presenting it. SEC. 9. MINE SAFETY PROGRAM FUND. cern by directing the Secretary to Mr. Chairman, I yield back the bal- Title I is further amended by adding at the maintain a list of mine operators with ance of my time. end the following: a history of delinquent payments. Only

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H66 CONGRESSIONAL RECORD — HOUSE January 16, 2008 those operators who are on this list tablishes a trust fund so that fines col- continue the full and timely implementation would be required to prepay their fines lected will be used for inspections and of the Mine Improvement and New Emer- into escrow. The amendment would investigations. The amendment also gency Response Act of 2006, P.L. No. 109-236, also provide businesses with an oppor- creates a list of those mine operators and that the provisions of that law should be implemented by the Administration as tunity to contest their placement on who do not pay their fines, shining a robustly, safely, and expeditiously as pos- this delinquency list if they believe spotlight to help promote payment in a sible. that placement list was a mistake. timely fashion. SEC. 2. SAFETY COMMITTEES. Ultimately, my amendment would re- Unlike the underlying bill, this Title II of the Federal Mine Safety and lieve undue financial burden for all amendment would not do anything to Health Act of 1977 is amended by adding at mines, but particularly the small inhibit implementation of the bipar- the end the following new section: mines that are acting in good faith to tisan MINER Act of 2006. Because this ‘‘SEC. 208. SAFETY COMMITTEES. properly appeal and, when necessary, amendment offers positive reforms ‘‘Not later than 180 days after the date of pay their fines. without dismantling the mine safety enactment of this section, the Secretary shall promulgate regulations pursuant to b 1400 improvements under way, I am pleased to support its passage. section 101(a) providing that a mine operator This amendment also addresses an Mr. Chairman, I yield back the bal- may establish, assist, maintain, and partici- important issue affecting mine safety pate in workplace safety committees, on ance of my time. which committees miners shall participate in recent years, the lack of comprehen- Mr. ELLSWORTH. Mr. Chairman, I sive safety inspections in every mine. to address issues of mine safety and to deal would like to yield 30 seconds to the with the mine operator regarding emergency In November of 2007, the Department of gentleman from California (Mr. response, communication, rescue, recovery, Labor’s Inspector General reported GEORGE MILLER). inspection and other terms and conditions of that 15 percent of mines were not fully Mr. GEORGE MILLER of California. employment relating to mine safety.’’. inspected in fiscal year 2006, due main- Mr. Chairman, I want to rise in strong SEC. 3. SUBSTANCE ABUSE TESTING. ly to lack of inspection resources. As support of the gentleman from Indi- Title II of such Act is further amended by we know, we can pass all the mine safe- ana’s amendment and commend him adding at the end the following: ty laws we want in this House, but if for his very thoughtful work and his ‘‘SEC. 209. SUBSTANCE ABUSE TESTING. inspections of mines aren’t being held, diligence on putting this amendment ‘‘(a) TESTING PROGRAM.—Not later than 180 and they aren’t held accountable to our together to make sure that we in fact days after the date of enactment of this sec- standards, we haven’t made any tion, the Secretary shall promulgate regula- attack the problem at hand, which was tions pursuant to section 101(a) to require progress at all. those few irresponsible miners who re- As the Inspector General points out the operator of each mine to institute a pro- fused to pay their fines and that have a gram to conduct mandatory, random sub- in his report, and I quote: ‘‘Incomplete history of not paying. Then, also the stance abuse testing of mine employees. or missed inspections place miners at creative use of these fines to provide Such regulations shall be no less restrictive risk because hazardous conditions in better enforcement, better safety for than regulations issued by other Federal and the mines may not be identified and our mine workers. I rise in strong sup- State agencies which impose mandatory sub- corrected. In fiscal year 2006, approxi- port and ask all of our colleagues to stance abuse testing and shall provide for— mately 7,500 miners were employed at ‘‘(1) mandatory substance abuse testing vote ‘‘yes’’ on the Ellsworth amend- procedures; 107 mines which did not receive at least ment. one required inspection.’’ ‘‘(2) a process for the random selection of Mr. ELLSWORTH. Mr. Chairman, I those employees to be tested; In response to the failure outlined in would like to thank the chairman ‘‘(3) the protection of individuals’ rights that report, this amendment creates again and the ranking member for his and privacy; the Mine Safety Programs Fund to understanding and patience on this ‘‘(4) the establishment of an Employee As- guarantee that all MSHA fines are re- matter. sistance Program; and invested in mine safety, which allows I yield back the balance of my time. ‘‘(5) for purposes of subsection (b), a proc- us to make sure every mine is living up The Acting CHAIRMAN. The ques- ess for mine operators to notify the Adminis- tration of the names of individuals who test to our standards and providing a safe tion is on the amendment offered by working environment for working positive for substance abuse. the gentleman from Indiana (Mr. ELLS- ‘‘(b) REGISTRY.—Not later than 180 days American miners. Last year, safety WORTH). after the date of enactment of this section, violations resulted in about $40 million The question was taken; and the Act- the Secretary shall promulgate regulations of MSHA fines. If that money was rein- ing Chairman announced that the ayes creating a registry of those found to have vested in mine safety, it would have appeared to have it. tested positive for substance abuse for the meant an estimated 20 percent increase Mr. GEORGE MILLER of California. sole purpose of sharing, on a confidential in the inspection resources. We can Mr. Chairman, I demand a recorded basis, with State authorities responsible for issuance of licenses, certification, permits, pass all the mine safety laws we want, vote. but if we don’t give the Department of or other documents required to seek employ- The Acting CHAIRMAN. Pursuant to ment in the mining industry.’’. Labor resources to fund them, we clause 6 of rule XVIII, further pro- haven’t made progress for the Amer- SEC. 4. IMPROVING MINE SAFETY. ceedings on the amendment offered by (a) COORDINATION WITH BUREAU OF LAND ican miners and what they expect of the gentleman from Indiana will be MANAGEMENT.—The Mine Safety and Health us. postponed. Administration shall regularly consult with Again, I would like to thank Chair- AMENDMENT NO. 4 OFFERED BY MR. WILSON OF the Bureau of Land Management concerning man MILLER and his staff, as well as SOUTH CAROLINA the safety status of mines in order for the my staff, for working with us for what The Acting CHAIRMAN. It is now in Administration to maintain an awareness of I think is an important amendment to any safety concerns observed by Bureau of order to consider amendment No. 4 Land Management personnel. this bill. printed in House Report 110–508. I reserve the balance of my time. (b) STUDY OF DEEP MINE CONDITIONS BY Mr. WILSON of South Carolina. Mr. TECHNICAL STUDY PANEL.— Mr. MCKEON. Mr. Chairman, I claim Chairman, I have an amendment made (1) ESTABLISHMENT OF TECHNICAL STUDY time in opposition to the amendment, in order under the rule. PANEL.—There is established a Technical but I will not oppose the amendment. The Acting CHAIRMAN. The Clerk Study Panel (hereafter referred to as ‘‘the The Acting CHAIRMAN. Without ob- will designate the amendment. Panel’’) which shall provide independent sci- jection, the gentleman from California The text of the amendment is as fol- entific and engineering review and provide recommendations to the Mine Safety and is recognized for 5 minutes. lows: There was no objection. Health Administration to evaluate the risk Amendment No. 4 offered by Mr. WILSON of assessment procedures of deep mine condi- Mr. MCKEON. Mr. Chairman, the South Carolina: Ellsworth amendment, as it has been tions. Strike all after the enacting clause and in- (2) MEMBERSHIP.— explained, would modify the collection sert the following: (A) IN GENERAL.—The Panel shall be com- of fines to provide relief to those mine SECTION 1. SENSE OF CONGRESS. posed of— operators who pay their fines in a It is the Sense of Congress that the Mine (i) two individuals to be appointed by the timely fashion. At the same time, it es- Safety and Health Administration should Secretary of Health and Human Services, in

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.065 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H67 consultation with the Director of the Na- Labor of the House of Representatives, and moval. Regarding deep mining, it is no tional Institute for Occupational Safety and the Committee on Health, Education, Labor, secret that the mining industry is min- Health and the Associate Director of the Of- and Pensions of the Senate. ing deeper underground. In order to as- fice of Mine Safety; (3) REPORT BY THE SECRETARY OF LABOR.— sure that they have the most sophisti- (ii) two individuals to be appointed by the Not later than 180 days after receipt of the Secretary of Labor, in consultation with the report required under paragraph 2, the Sec- cated science available to them, a Assistant Secretary for Mine Safety and retary of Labor shall report to the Com- study about the elements of deep min- Health; mittee on Education and Labor of the House ing should be undertaken. It is also im- (iii) one individual appointed jointly by of Representatives and the Committee on portant to recognize that deep mining the majority leaders of the Senate and House Health, Education, Labor, and Pensions of and pillar removal are two separate of Representatives; and the Senate what actions, if any, that the issues, and our amendment was crafted (iv) one individual to be appointed jointly Secretary intends to take based on the re- accordingly to give each issue thor- by the minority leader of the Senate and port. ough consideration. House of Representatives. (d) DISSEMINATION OF ACCIDENT INFORMA- Finally, there is great concern about (B) QUALIFICATIONS.—Four of the 6 individ- TION.—Section 103 of the Federal Mine Safety uals appointed to the Panel under paragraph and Health Act of 1977 (30 U.S.C. 813) amend- how information during a mine rescue (A) shall possess a masters or doctoral level ed by adding at the end the following: and recovery effort is communicated to degree in mining engineering or another sci- ‘‘(l)(1) All information concerning the acci- the public. Our amendment would cre- entific field demonstrably related to the sub- dent or incident obtained by any person or ate a public relations protocol similar ject of the report. No individual appointed to organization participating in an investiga- to that used by the National Transpor- the Panel shall be an employee of any coal or tion under this section shall be transmitted other mine, or of any labor organization, or tation Safety Board. In this way, all to the representative of the Administration parties to the rescue and recovery ef- of any State or Federal agency primarily re- coordinating the rescue effort or subsequent sponsible for regulating the mining industry. accident investigation. Parties to the inves- fort must clear any information (3) REPORT.— tigation may relay to respective organiza- through MSHA before releasing it to (A) IN GENERAL.—Not later than 1 year tions information necessary for purposes of the public. after the date on which all members of the prevention or remedial action. No informa- This amendment takes the NTSB’s Panel are appointed under paragraph (2), the tion concerning the accident or incident may well-regarded approach to communica- Panel shall prepare and submit a report con- be released to any person not a party to the tions. Before anyone associated with cerning deep mine conditions to the Sec- investigation or representative of such party retary of Labor, the Secretary of Health and the rescue and recovery effort can prior to the release of such information by make public comments, they must be Human Services, the Committee on Edu- the Administration without the prior con- cation and Labor of the House of Representa- sultation with and approval of the Adminis- approved by MSHA. In this way, we can tives and the Committee on Health, Edu- tration. ensure that the families have been cation, Labor, and Pensions of the Senate. ‘‘(2) For purposes of this subsection, par- fully briefed, that any information (B) RESPONSE BY THE SECRETARY.—Not ties to the investigation include the mine given to the media is factual, and that later than 180 days after the receipt of the owner, mine operator, employees of that it does not interfere with the ongoing report, the Secretary of Labor shall provide mine, first responders, mine rescue team a response to the report and submit such re- efforts of any future investigation. members, or others participating in the res- The S–MINER Act may address some sponse to the Committee on Education and cue and recovery effort.’’. Labor of the House of Representatives and of these issues, but ultimately the un- the Committee on Health, Education, Labor, The Acting CHAIRMAN. Pursuant to derlying bill is not narrowly crafted to and Pensions of the Senate. Such response House Resolution 918, the gentleman focus on the Crandall Canyon tragedy. shall contain a description of the actions, if from South Carolina (Mr. WILSON) and Instead, it provides for a complete re- any, that the Secretary intends to take a Member opposed each will control 15 write of a successful law. In addition to based upon the report, including proposing minutes. these four specific policy opportunities regulatory changes, and the reasons for such The Chair recognizes the gentleman actions. that respond to the tragedy that oc- from South Carolina. (4) COMPENSATION.—Members appointed to curred at the Crandall Canyon mine, the Panel, while carrying out the duties of Mr. WILSON of South Carolina. I our substitute builds on the MINER the Panel, shall be entitled to receive com- yield myself such time as I may con- Act by actively engaging miners in pensation, per diem in lieu of subsistence, sume. Mr. Chairman, I rise in support safety teams and implementing sub- and travel expenses in the same manner and of mine safety and in opposition to this stance abuse testing. It is important to under the same conditions as that prescribed bill. note that the MINER Act was the most under section 208(c) of the Public Health The Wilson/Kline amendment com- significant piece of mining legislation Service Act. bines the key elements of the Wilson (c) STUDY OF RETREAT MINING AND passed in 30 years, which was signed PILLARING.— amendment offered in committee with into law in 2006. (1) STUDY.—The National Institute for Oc- the important safety teams amend- The Wilson/Kline substitute ensures cupational Safety and Health shall conduct a ment also considered during markup. that the MINER Act is not derailed by study of the recovery of coal pillars through There is much that we do not know excessive new regulations. The MINER retreat room and pillar mining practices in about the tragedy of Crandall Canyon. Act has put in motion regulations, underground coal mines at depths greater It would be premature to legislate on studies, and industry improvements than 1,500 feet. The study shall examine the many of these issues until the Crandall safety implications of retreat room and pil- that will be negatively impacted by lar mining practices, with emphasis on the Canyon investigation is complete. Once H.R. 2768. I oppose the S–MINER Act impact of full or partial pillar extraction the investigation is complete, we can and urge you to vote in favor of the mining. The study shall consider, among determine if any further initiatives are Wilson/Kline substitute. other things— necessary. It also should be noted that I reserve the balance of my time. (A) seam thickness; few, if any, of the provisions in the un- Mr. GEORGE MILLER of California. (B) depth of cover; derlying legislation would have had Mr. Chairman, I rise in strong opposi- (C) strength of the mine roof, pillars, and any impact in preventing the accident tion to this amendment. floor; in Utah this summer. The Acting CHAIRMAN. The gen- (D) the susceptibility of the mine to seis- Our amendment would require the mic activity; and tleman from California is recognized (E) a sensitivity analysis on input param- Department of Labor to more regularly for 15 minutes. eters such as strength of the coal, the size communicate with the Bureau of Land Mr. GEORGE MILLER of California. the pillar core, the strength of roof and floor Management, BLM, regarding safety What this amendment would do would rock members, abutment pressure from concerns. Given that personnel from be to strike many of the very impor- caved areas, and the horizontal stress; and the BLM inspect mines daily, the Mine tant provisions in the underlying bill (F) the procedures used to ensure miner Safety Health Administration, MSHA, that are there to protect the lives and safety during retreat mining. should have the benefit of knowing the safety of those who mine coal in (2) REPORT.—Not later than one year after what BLM is observing and what con- this country’s coal mines. They would the date of enactment of this Act, the Na- tional Institute for Occupational Safety and cerns the agency has regarding safety. change the retreat mining where we Health shall submit a report containing the Our amendment would also require just saw a disaster of a mine accident results of the study to the Secretary of two studies: one to address deep mine in Utah this last August. They would Labor and Committee on Education and safety, and another to address pillar re- provide a provision of a study. Rather

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.023 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H68 CONGRESSIONAL RECORD — HOUSE January 16, 2008 than changing the regulations by amendment destroys the ability of this nently sensible TEAM Act which was which that happened, they would pro- legislation to provide that margin of considered by this Congress some years vide a study. A study was not going to safety to the miners and to their fami- ago and would have provided for safer save those miners. lies, and I urge a ‘‘no’’ vote on the Wil- workplaces for all employees, not just They would also take out the provi- son amendment. miners. sion that we have that miners should Mr. Chairman, I reserve the balance I don’t know that anyone can argue have 96 hours of air available to them of my time. that safety committees in mines in the mines until such time as we Mr. WILSON of South Carolina. Mr. should not make full use of their work- have the refuge chambers. They take Chairman, I yield such time as he may ers’ wisdom and experience. For that that out. Those miners need that air consume to the gentleman from Min- reason, I urge my colleagues to support today. The fact that a refuge chamber nesota (Mr. KLINE), a ranking and val- the Wilson/Kline amendment as a com- is on order, may not be delivered for ued member of the Education and monsense, pro-miner alternative. Use six months, a year, a year and a half, Labor Committee. of miner-involved safety committees is does nothing for the miner who goes to Mr. KLINE of Minnesota. I thank the just one element of our substitute, but work today and tomorrow, and that is gentleman for yielding the time. I believe it accurately captures our why we did it. We did it so that we Mr. Chairman, like my colleague goal of enhancing safety while main- could provide that margin of safety for from South Carolina, I rise today in taining momentum of the MINER Act. those individuals. strong support of mine safety and in I have been interested today to listen We also look at conveyor belts, a opposition to the base bill. Rather than to the proponents of the bill and the major ignition point of fires in the supporting this flawed bill, I would ask opponents of our amendment talk mine, and if not properly installed, if Members to support the Wilson/Kline about the importance of breathable air not properly taken care of, can take amendment. This amendment is a sen- and getting these containers into the the fire and the gases directly to where sible alternative that will enhance mines, but I don’t understand if the the miners are working. So they take mine safety without undoing the sig- chamber is not available, what is the that provision out. nificant reforms already underway. mine supposed to do while we are wait- We say that MSHA cannot inves- During the numerous hearings we have ing what is admittedly 6 months or 12 tigate itself. It cannot investigate held in the Education and Labor Com- months for the chamber to arrive? The itself. These must be independent in- mittee on mining issues, one thing we base bill is so prescriptive, it prevents vestigations, because you have to look have heard frequently from miners any alternative to the prescribed at whether or not MSHA properly did themselves and from their family chamber, and those chambers are sim- its job, properly enforced the require- members and from their representa- ply not available. I really wish we had ments of the law, properly inspected tives is that when it comes to mines the answer to that question. Mr. GEORGE MILLER of California. the mines and all that that entails, and and mine safety, it is the men and Mr. Chairman, I yield myself such time to have them redo that themselves is a women who go into the mines every disservice to the miners and to the I may consume. day that know best. Just in response to the question that families. It’s the single most provided I would like to focus my comments was asked, the whole point is the complaint to this committee by the today, first, on one particular aspect of chambers are not available. We are families, that they just don’t under- our amendment, and that is to engage asking that they put 96 hours of air stand how the watch dog can inves- miners in their own safety. Our amend- available in canisters until such time tigate themselves when their family ment recognizes that miners them- as the refuge chambers are available. members died in these mines. They selves do know best and seeks to en- Currently now, apparently if you order want somebody else to take a look at sure that mine owners and operators a chamber, you are considered to be in it. They want somebody else to see are allowed to avail themselves of the compliance. No new air has come into whether or not it was done properly or knowledge, experience, and talents of that mine. No new resources of air are not, and that is out in this provision. their employees. To that end, this available. Nothing is available to the It also limits the family participa- amendment would allow mine opera- miner, but you are in compliance with tion. Why is it that the victims aren’t tors to incorporate meaningful em- the law. able to testify and to participate and ployee involvement in safety commit- We saw miners lose their lives be- understand the design of the investiga- tees, which include representatives of cause they simply ran out of air. They tion? They are excluded from this proc- workers and mine operators, and work weren’t killed in the explosion. They ess today. These are family members, together to ensure that the safest weren’t killed in a slide. They weren’t these are victims of the disaster, these workplace conditions are possible. killed in a roof collapse. They ran out are taxpayers, and they’re told, Just Although cooperation between min- of air. stand on the side, we’ll tell you what ers and mine operators seems obvious, So what we are saying is we appre- happened. In many instances, they if not imperative, it is, unfortunately, ciate that you have gone ahead and know more about what happens be- not always a reality. Under archaic you have ordered the chambers because cause when their spouses come home provisions of Federal labor law, too you have made the decision to put the from work, they talk to them about often employer-employee safety com- chambers in. Until such time as they what is wrong in the mines, what’s mittees that actually do something are there, we ought to provide that dangerous, about their fear of going to have been found to run afoul of Depres- kind of margin of safety. One is not in- work. So we provided an ombudsman so sion-era mandates. consistent with the other. that that could happen. They should Mr. Chairman, we are no longer liv- Mr. KLINE of Minnesota. If the gen- also be part of that investigation. ing in the 1930s, and neither should our tleman will yield for just a minute, I We think it’s very important that laws. Nearly 2 years ago, we began to think that they are. I don’t understand this amendment be defeated because it bring the mining industry into the 21st where that air is supposed to come wipes out, it guts those provisions of century by considering and enacting from. The SCSRs are not available. the law that we envision in this legisla- the MINER Act. Though it is not yet Those are on back order. Refuge cham- tion that are so important to those fully implemented, that law is already bers are not available. They are on miners and to their families. We can- working. Today, my colleague Mr. WIL- back order. What are these miners sup- not do what we have done in the past SON and I are offering an amendment posed to do? and assume that we can just leave this that builds on the MINER Act, rather Mr. GEORGE MILLER of California. to the Mine Safety Health Administra- than tearing it down. These are air cylinders that are readily tion. They essentially did nothing for 8 available. These are not the individual- years. b 1415 sized packs that we deal with here in Now, tragically, year after year those A key element of our plan is to en- terms of inspections that didn’t work mining families are paying the price sure that antiquated laws don’t get in in the Sago Mine. Canisters of air are for that. That must come to an end. the way of mine worker safety. In fact, readily available all throughout Amer- That is what this legislation does. This our amendment is based on the emi- ican society. We just say you should

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.068 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H69 put some in the mines so people can ization. Every miner should have the ing program, for example, with a na- use them. opportunity to work cooperatively tional blacklist of miners. It creates Then let me just say the question with the mine operator to promote company dominated safety committees that is raised here, currently the law their own safety and the safety of to stifle miners’ voices; whereas, the allows for employer and employee in- those with them in the mines. committee bill, crafted as well as it volvement in safety issues. Many, To further protect miners, the Re- has been, does allow for all sides to be many organizations and businesses publican substitute calls for a strong represented in these safety committee have these committees. But we want program of drug testing. In fact, the deliberations. That is most important, those committees to remain inde- Republican plan is the only proposal because it is important that these com- pendent. that offers drug testing. Representa- mittees have the involvement of coal This suggests that somehow the em- tive BOUCHER is proposing drug reha- miners that are on the job working, ployer should select those employees to bilitation, an important first step, but those who know the mines and the par- engage in those discussions. We think one that will be incomplete without ticular features of each mine, because, that the workers ought to be able to do testing. Indeed, Representative BOU- as we all know, not all coal mines are that and do it independently so that, in CHER’s own State of Virginia has taken structured in the same fashion. fact, they can have a true discussion a leadership role on requiring drug It is worthy to note as well that all about the conditions and the safety of testing in the mines, something the of those that work in our Nation’s the mines and not be establishing uni- Federal Government should require as mines, the United Mine Workers of lateral committees to make those de- well. America, the AFL, the Food and Com- terminations. Sadly, the proposal offered in the mercial Workers, all of our Nation’s The fact of the matter is, where peo- manager’s package would do even less, unions that are concerned with the ple have these employer-employee safe- calling for just a study of drug abuse health and safety of our coal miners, ty committees, very often the effi- among miners. No one here seems to oppose this Republican substitute ciency of the mines improves, the pro- object to drug testing for professional amendment. ductivity of the mines improves and baseball players. An entire hearing was So, as I conclude, I say to my col- the safety improves, and we think that devoted to the topic of drug use in leagues, just remember, this is an ef- that is the model that ought to be con- Major League Baseball just yesterday, fort to gut the bill, pure and simple, tinued. yet not a single hearing has been held and we all know that this bill still has Mr. Chairman, I reserve the balance to explore the problem of drug abuse a process through which it has to trav- of my time. among miners. And when our friend, el, including the other body. And if the Mr. WILSON of South Carolina. Mr. the late Representative Charlie Nor- administration cannot see in its wis- Chairman, I yield such time as he may wood, had the courage to call for drug dom and compassion to sign the bill, consume to the gentleman from Cali- testing in miners in years past, he was then certainly we have a basis upon fornia (Mr. MCKEON), the distinguished rebuked for daring to draw attention to which to proceed for further safety ranking member of the Education and this pervasive problem. measures in the next Congress. I would Labor Committee. I am pleased we are finally acknowl- urge rejection of this Republican sub- Mr. MCKEON. Mr. Chairman, I thank edging this problem among miners, but stitute. Mr. WILSON of South Carolina. Mr. the gentleman for yielding. I rise in I want to be clear; anything short of Chairman, I yield myself such time as strong support of the Wilson/Kline the Republican plan for drug testing amendment to preserve bipartisan I may consume. fails to fully protect miners. Mr. Chairman, in conclusion, I urge mine safety reforms. Finally, our substitute recognizes the strongest consideration of the Wil- The S-MINER Act is based on a some of the very specific issues son/Kline amendment. I would like to flawed premise. It begins by aban- brought to light with the tragic col- point out that it would provide for full doning the widely supported mine safe- lapse of the Crandall Canyon Mine in implementation of the MINER Act of ty reforms enacted in 2006. Rather than August of 2007. To address those issues, June 2006. Additionally, it has the pro- building on the progress that has been it would improve communication be- visions, as well explained by Congress- made, the S-MINER Act brings those tween MSHA and the Bureau of Land man MCKEON of California, the provi- bipartisan reforms to a screeching halt. Management, study the conditions the sions and concerns of the late Con- Republicans have a better way. The next generation of miners will face gressman Charlie Norwood of Georgia, Wilson/Kline amendment strikes the with deep mine conditions and retreat providing for drug testing are included. appropriate balance between strength- mining using pillar removal, and clar- As I conclude today, I would like to ening mine safety and maintaining the ify how information is to be dissemi- read and summarize an op-ed which widely supported reforms enacted less nated in the event of a tragedy. was in the Lexington Herald Leader, a than 2 years ago. I urge my colleagues to preserve bi- McClatchy newspaper. This op-ed was First and foremost, the substitute partisan mine safety reforms by sup- printed on November 26, 2007: ‘‘New underscores the importance of the porting the Wilson/Kline amendment. mining bill premature.’’ The author is MINER Act reforms and restates our Mr. GEORGE MILLER of California. Rick Honaker. Professor Honaker is commitment to seeing them imple- I yield 2 minutes to the gentleman the Mining Foundation’s distinguished mented fully and forcefully. Our sub- from West Virginia, Mr. RAHALL. professor and chairman of the Univer- stitute builds on those reforms rather Mr. RAHALL. Mr. Chairman, I thank sity of Kentucky Department of Min- than tearing them down. the distinguished chairman for yield- ing Engineering. Among the most important steps ing, and I rise in opposition to this Re- Professor Honaker says, ‘‘Elimi- taken in the Republican substitute is publican substitute. nating coal mine accidents is an the effort to fully, more fully engage Pure and simple, the substitute kills achievable goal. In recent years we the miners in mine safety. During the the bill. It guts all of the bill’s health have seen a dramatic decline in fatali- Education and Labor Committee’s con- and safety protections that the com- ties at the Nation’s 550 underground sideration of this bill, Representative mittee has worked so long and hard on mines, though the tragic accident ear- KLINE offered an amendment that, like and upon which the committee has lier this year at a mine in Utah under- our substitute, would empower miners heard expert testimony and heard tes- scores some of the serious problems we by directly involving them in the de- timony from our Nation’s coal miners. face. velopment of safety policies and proce- So the fact that this legislation has ‘‘But Congress has gotten ahead of dures through the formation of safety been developed as it has shows that the itself. However well-intentioned, it is teams. Currently, nonunionized miners committee has utmost in its consider- considering new legislation before the may be prohibited from working with ation the protection of the health, safe- industry has been able to implement management to promote safety ty and well-being of our Nation’s coal and assess the effectiveness of a major through teams. miners. mine safety law passed last year. Mine safety is too important an issue This Republican substitute requires a ‘‘It seems very strange, almost in- to fall victim to the politics of union- one-size-fits-all mandatory drug test- comprehensible, that a move is afoot in

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.070 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H70 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Congress to impose an entirely new set RECORDED VOTE Boustany Hastings (WA) Pickering Brady (TX) Hayes Pitts of requirements on coal mine operators The Acting CHAIRMAN. A recorded Broun (GA) Heller Platts and mine inspectors, even before there vote has been demanded. Brown (SC) Hensarling Poe has been an opportunity to comply A recorded vote was ordered. Brown-Waite, Herger Porter with the far-reaching provisions of the Ginny Hobson Price (GA) The vote was taken by electronic de- Buchanan Hoekstra Pryce (OH) MINER Act. It threatens to disrupt the vice, and there were—ayes 234, noes 183, Burgess Hulshof Putnam all-important emergency rescue provi- not voting 18, as follows: Burton (IN) Inglis (SC) Radanovich Buyer Issa Ramstad sions of the law. [Roll No. 5] ‘‘That process will require more work Calvert Johnson (IL) Regula AYES—234 Camp (MI) Johnson, Sam Rehberg from the coal community, not more Campbell (CA) Jordan Reichert Abercrombie Grijalva Oberstar laws from Congress. Rather than leap Cannon Keller Renzi Ackerman Gutierrez Obey Cantor King (IA) Reynolds into an abyss with new legislation, Allen Hall (NY) Olver Carter King (NY) Rogers (AL) let’s give mine safety and health ex- Altmire Hare Ortiz Castle Kingston Rogers (KY) Andrews Harman Pallone perts an opportunity to implement the Chabot Kirk Rogers (MI) Arcuri Hastings (FL) Pascrell existing law.’’ Coble Kline (MN) Rohrabacher Baird Herseth Sandlin Pastor Cole (OK) Knollenberg Ros-Lehtinen Mr. Chairman, I yield back the bal- Baldwin Higgins Payne Conaway Kuhl (NY) Roskam ance of my time. Barrow Hill Perlmutter Crenshaw LaHood Royce Bean Hinchey Peterson (MN) Mr. GEORGE MILLER of California. Cubin Lamborn Ryan (WI) Becerra Hinojosa Pomeroy Mr. Chairman, I yield myself such time Davis (KY) Latham Sali Berman Hirono Price (NC) Davis, David LaTourette Saxton as I may consume. Berry Hodes Rahall Davis, Tom Latta Schmidt Mr. Chairman, I rise to reiterate my Bishop (GA) Holden Rangel Deal (GA) Lewis (CA) Sensenbrenner Bishop (NY) Holt Reyes strong opposition to this legislation. I Dent Lewis (KY) Sessions Blumenauer Hooley Richardson believe that it does eliminate most of Diaz-Balart, L. Linder Shadegg Bordallo Hoyer Rodriguez Diaz-Balart, M. Lucas Shuster the very important provisions in the Boren Inslee Ross Doolittle Lungren, Daniel Simpson Boswell Israel Rothman underlying bill and the manager’s Drake E. Smith (NE) Boucher Jackson (IL) Roybal-Allard amendment to ensure that we increase Dreier Mack Smith (TX) Boyd (FL) Jackson-Lee Ruppersberger Duncan Manzullo Souder the margins of safety for miners and Boyda (KS) (TX) Rush Ehlers Marchant Stearns for their families. We should not give Brady (PA) Johnson (GA) Ryan (OH) Emerson McCarthy (CA) Sullivan Braley (IA) Johnson, E.B. Salazar up that opportunity to this substitute, English (PA) McCaul (TX) Tancredo Brown, Corrine Jones (NC) Sa´ nchez, Linda and I urge my colleagues to vote ‘‘no’’ Everett McCotter Terry Butterfield Jones (OH) T. Fallin McCrery Thornberry on the Wilson/Kline amendment. Capito Kagen Sanchez, Loretta Feeney McHenry Tiahrt Mr. Chairman, I yield back the bal- Capps Kanjorski Sarbanes Ferguson McHugh Tiberi Capuano Kaptur Schakowsky ance of my time. Flake McKeon Turner Cardoza Kennedy Schiff The Acting CHAIRMAN. The ques- Fortenberry McMorris Upton Carnahan Kildee Schwartz Foxx Rodgers Walberg tion is on the amendment offered by Carney Kilpatrick Scott (GA) Franks (AZ) Mica Walden (OR) the gentleman from South Carolina Castor Kind Scott (VA) Frelinghuysen Miller (FL) Walsh (NY) Chandler Klein (FL) Serrano (Mr. WILSON). Gallegly Miller (MI) Wamp Clarke Kucinich Sestak The question was taken; and the Act- Garrett (NJ) Moran (KS) Weldon (FL) Clay Lampson Shays Gerlach Musgrave Weller ing Chairman announced that the noes Cleaver Langevin Shea-Porter Gingrey Myrick Westmoreland appeared to have it. Clyburn Larsen (WA) Sherman Gohmert Neugebauer Wilson (NM) Cohen Larson (CT) Shuler Mr. WILSON of South Carolina. Mr. Goode Nunes Wilson (SC) Conyers Lee Sires Chairman, I demand a recorded vote. Goodlatte Pearce Wittman (VA) Cooper Levin Skelton Granger Pence Wolf The Acting CHAIRMAN. Pursuant to Costa Lewis (GA) Slaughter Graves Peterson (PA) Young (AK) clause 6 of rule XVIII, further pro- Costello Lipinski Smith (NJ) Hall (TX) Petri Young (FL) ceedings on the amendment offered by Courtney LoBiondo Smith (WA) the gentleman from South Carolina Cramer Loebsack Snyder NOT VOTING—18 Crowley Lofgren, Zoe Solis Baca Forbes Lantos will be postponed. Cuellar Lowey Space Baker Fortun˜ o Meeks (NY) Cummings Lynch Spratt ANNOUNCEMENT BY THE ACTING CHAIRMAN Berkley Fossella Miller, Gary Davis (AL) Mahoney (FL) Stark The Acting CHAIRMAN. Pursuant to Christensen Honda Paul Davis (CA) Maloney (NY) Stupak Culberson Hunter Shimkus clause 6 of rule XVIII, proceedings will Davis (IL) Markey Sutton Faleomavaega Jefferson Tanner now resume on those amendments Davis, Lincoln Marshall Tauscher printed in House Report 110–508 on DeFazio Matheson Taylor b 1455 which further proceedings were post- DeGette Matsui Thompson (CA) Delahunt McCarthy (NY) Thompson (MS) Messrs. SOUDER, SENSEN- poned, in the following order: Amend- DeLauro McCollum (MN) Tierney BRENNER, and CANTOR changed their ment No. 1 by Mr. GEORGE MILLER of Dicks McDermott Towns vote from ‘‘aye’’ to ‘‘no.’’ California; Dingell McGovern Tsongas Doggett McIntyre Udall (CO) Messrs. LIPINSKI and JONES of OUCHER Amendment No. 2 by Mr. B of Donnelly McNerney Udall (NM) North Carolina changed their vote Virginia; Doyle McNulty Van Hollen from ‘‘no’’ to ‘‘aye.’’ Amendment No. 3 by Mr. ELLSWORTH Edwards Meek (FL) Vela´ zquez So the amendment was agreed to. of Indiana; Ellison Melancon Visclosky The result of the vote was announced Amendment No. 4 by Mr. WILSON of Ellsworth Michaud Walz (MN) Emanuel Miller (NC) Wasserman as above recorded. South Carolina. Engel Miller, George Schultz AMENDMENT NO. 2 OFFERED BY MR. BOUCHER The first electronic vote will be con- Eshoo Mitchell Waters The Acting CHAIRMAN. The unfin- ducted as a 15-minute vote. Remaining Etheridge Mollohan Watson ished business is the demand for a re- electronic votes will be conducted as 5- Farr Moore (KS) Watt Fattah Moore (WI) Waxman corded vote on the amendment offered minute votes. Filner Moran (VA) Weiner by the gentleman from Virginia (Mr. AMENDMENT NO. 1 OFFERED BY MR. GEORGE Frank (MA) Murphy (CT) Welch (VT) BOUCHER) on which further proceedings MILLER OF CALIFORNIA Giffords Murphy, Patrick Wexler Gilchrest Murphy, Tim Whitfield (KY) were postponed and on which the ayes The Acting CHAIRMAN. The unfin- Gillibrand Murtha Wilson (OH) prevailed by voice vote. ished business is the demand for a re- Gonzalez Nadler Woolsey The Clerk will redesignate the corded vote on the amendment offered Gordon Napolitano Wu amendment. by the gentleman from California (Mr. Green, Al Neal (MA) Wynn The Clerk redesignated the amend- Green, Gene Norton Yarmuth GEORGE MILLER) on which further pro- ment. ceedings were postponed and on which NOES—183 RECORDED VOTE the noes prevailed by voice vote. Aderholt Bartlett (MD) Blackburn The Acting CHAIRMAN. A recorded The Clerk will redesignate the Akin Barton (TX) Blunt vote has been demanded. Alexander Biggert Boehner amendment. Bachmann Bilbray Bonner A recorded vote was ordered. The Clerk redesignated the amend- Bachus Bilirakis Bono Mack The Acting CHAIRMAN. This will be ment. Barrett (SC) Bishop (UT) Boozman a 5-minute vote.

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.072 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H71 The vote was taken by electronic de- Rodriguez Shuler Udall (CO) The vote was taken by electronic de- Rogers (AL) Shuster Udall (NM) vice, and there were—ayes 364, noes 53, Rogers (KY) Simpson Upton vice, and there were—ayes 416, noes 0, not voting 18, as follows: Rogers (MI) Sires Van Hollen not voting 19, as follows: Ros-Lehtinen Skelton Vela´ zquez [Roll No. 6] Roskam Slaughter Visclosky [Roll No. 7] AYES—364 Ross Smith (NE) Walsh (NY) AYES—416 Rothman Smith (NJ) Walz (MN) Abercrombie Dicks Latham Roybal-Allard Smith (TX) Wamp Abercrombie Davis (IL) Jackson-Lee Ackerman Dingell LaTourette Ruppersberger Smith (WA) Wasserman Ackerman Davis (KY) (TX) Aderholt Doggett Latta Rush Snyder Schultz Aderholt Davis, David Johnson (GA) Alexander Donnelly Lee Ryan (OH) Solis Waters Akin Davis, Lincoln Johnson (IL) Allen Doolittle Levin Ryan (WI) Souder Watson Alexander Davis, Tom Johnson, E. B. Altmire Doyle Lewis (CA) Salazar Space Watt Allen Deal (GA) Johnson, Sam Andrews Drake Lewis (GA) Sa´ nchez, Linda Spratt Waxman Altmire DeFazio Jones (NC) Arcuri Dreier Lewis (KY) T. Stark Weiner Andrews DeGette Jones (OH) Bachmann Edwards Lipinski Sanchez, Loretta Stupak Welch (VT) Arcuri Delahunt Jordan Bachus Ehlers LoBiondo Sarbanes Sullivan Weller Bachmann DeLauro Kagen Baird Ellison Loebsack Saxton Sutton Wexler Bachus Dent Kanjorski Baldwin Ellsworth Lofgren, Zoe Schakowsky Tauscher Whitfield (KY) Baird Diaz-Balart, L. Kaptur Barrow Emanuel Lowey Schiff Taylor Wilson (NM) Baldwin Diaz-Balart, M. Keller Bartlett (MD) Emerson Lucas Schmidt Terry Wilson (OH) Barrett (SC) Dicks Kennedy Barton (TX) Engel Lynch Schwartz Thompson (CA) Wilson (SC) Barrow Dingell Kildee Bean English (PA) Mahoney (FL) Scott (GA) Thompson (MS) Wittman (VA) Bartlett (MD) Doggett Kilpatrick Becerra Eshoo Maloney (NY) Scott (VA) Thornberry Wolf Barton (TX) Donnelly Kind Berman Etheridge Manzullo Serrano Tiahrt Woolsey Bean Doolittle King (IA) Berry Fallin Markey Sessions Tiberi Wu Becerra Doyle King (NY) Biggert Farr Marshall Sestak Tierney Wynn Berman Drake Kingston Bilirakis Fattah Matheson Shays Towns Yarmuth Berry Dreier Kirk Bishop (GA) Ferguson Matsui Shea-Porter Tsongas Young (AK) Biggert Duncan Klein (FL) Bishop (NY) Filner McCarthy (CA) Sherman Turner Young (FL) Bilbray Edwards Kline (MN) Bishop (UT) Fortenberry McCarthy (NY) Bilirakis Ehlers Knollenberg Blackburn Frank (MA) McCaul (TX) NOES—53 Bishop (GA) Ellison Kucinich Blumenauer Bishop (NY) Frelinghuysen McCollum (MN) Akin Garrett (NJ) McHenry Ellsworth Kuhl (NY) Blunt Bishop (UT) Gallegly McCotter Barrett (SC) Gingrey Miller (FL) Emanuel LaHood Boehner Blackburn Gerlach McCrery Bilbray Hall (TX) Musgrave Emerson Lamborn Bono Mack Blumenauer Giffords McDermott Bonner Hensarling Pence Engel Lampson Boozman Blunt Gilchrest McGovern Broun (GA) Herger Poe English (PA) Langevin Bordallo Boehner Gillibrand McHugh Burton (IN) Hoekstra Price (GA) Eshoo Larsen (WA) Boren Bonner Gohmert McIntyre Campbell (CA) Issa Radanovich Etheridge Larson (CT) Boswell Bono Mack Gonzalez McKeon Cannon Johnson, Sam Rohrabacher Everett Latham Boucher Boozman Goode McMorris Chabot Jones (NC) Royce Fallin LaTourette Boustany Bordallo Goodlatte Rodgers Coble Jordan Sali Farr Latta Boyd (FL) Boren Gordon McNerney Conaway King (IA) Sensenbrenner Fattah Lee Boyda (KS) Boswell Granger McNulty Deal (GA) Kingston Shadegg Feeney Levin Brady (PA) Boucher Graves Meek (FL) Duncan Lamborn Stearns Ferguson Lewis (GA) Brady (TX) Boustany Green, Al Melancon Everett Linder Tancredo Filner Lewis (KY) Braley (IA) Boyd (FL) Green, Gene Mica Feeney Lungren, Daniel Walberg Flake Linder Brown (SC) Boyda (KS) Grijalva Michaud Flake E. Walden (OR) Fortenberry Lipinski Brown, Corrine Brady (PA) Gutierrez Miller (MI) Foxx Mack Weldon (FL) Foxx LoBiondo Brown-Waite, Brady (TX) Hall (NY) Miller (NC) Franks (AZ) Marchant Westmoreland Frank (MA) Loebsack Ginny Hare Miller, George Braley (IA) Franks (AZ) Lofgren, Zoe Buchanan Harman Mitchell NOT VOTING—18 Broun (GA) Frelinghuysen Lowey Burgess Hastings (FL) Mollohan Brown (SC) Gallegly Lucas Baca Forbes Lantos Butterfield Hastings (WA) Moore (KS) Brown, Corrine Garrett (NJ) Lungren, Daniel Baker Fortun˜ o Meeks (NY) Buyer Hayes Moore (WI) Brown-Waite, Gerlach E. Berkley Fossella Miller, Gary Calvert Heller Moran (KS) Ginny Giffords Lynch Christensen Honda Paul Camp (MI) Herseth Sandlin Moran (VA) Buchanan Gilchrest Mack Culberson Hunter Shimkus Cantor Higgins Murphy (CT) Burgess Gillibrand Mahoney (FL) Faleomavaega Jefferson Tanner Capito Hill Murphy, Patrick Burton (IN) Gingrey Maloney (NY) Capps Hinchey Murphy, Tim ANNOUNCEMENT BY THE ACTING CHAIRMAN Butterfield Gohmert Manzullo Capuano Hinojosa Murtha Buyer Gonzalez Marchant Cardoza Hirono Myrick The Acting CHAIRMAN (during the Calvert Goode Markey Carnahan Hobson Nadler vote). Members are advised 2 minutes Camp (MI) Goodlatte Marshall Carney Hodes Napolitano remain. Campbell (CA) Gordon Matheson Carter Holden Neal (MA) Cannon Granger Matsui Castle Holt Neugebauer Cantor Graves McCarthy (CA) Castor Hooley Norton b 1502 Capito Green, Al McCarthy (NY) Chandler Hoyer Nunes Capps Green, Gene McCaul (TX) Clarke Hulshof Oberstar Mr. HALL of Texas and Mr. WELDON Capuano Grijalva McCollum (MN) Clay Inglis (SC) Obey of Florida changed their vote from Cardoza Gutierrez McCotter Cleaver Inslee Olver ‘‘aye’’ to ‘‘no.’’ Carnahan Hall (NY) McCrery Clyburn Israel Ortiz Carney Hall (TX) McDermott Cohen Jackson (IL) Pallone So the amendment was agreed to. Carter Hare McGovern Cole (OK) Jackson-Lee Pascrell The result of the vote was announced Castle Harman McHenry Conyers (TX) Pastor as above recorded. Castor Hastings (FL) McHugh Cooper Johnson (GA) Payne Chabot Hastings (WA) McIntyre Costa Johnson (IL) Pearce AMENDMENT NO. 3 OFFERED BY MR. ELLSWORTH Chandler Hayes McKeon Costello Johnson, E. B. Perlmutter The Acting CHAIRMAN. The unfin- Christensen Heller McMorris Courtney Jones (OH) Peterson (MN) ished business is the demand for a re- Clarke Hensarling Rodgers Cramer Kagen Peterson (PA) Clay Herger McNerney Crenshaw Kanjorski Petri corded vote on the amendment offered Cleaver Herseth Sandlin McNulty Crowley Kaptur Pickering by the gentleman from Indiana (Mr. Clyburn Higgins Meek (FL) Cubin Keller Pitts ELLSWORTH) on which further pro- Coble Hill Melancon Cuellar Kennedy Platts Cohen Hinchey Mica Cummings Kildee Pomeroy ceedings were postponed and on which Cole (OK) Hinojosa Michaud Davis (AL) Kilpatrick Porter the ayes prevailed by voice vote. Conaway Hirono Miller (FL) Davis (CA) Kind Price (NC) The Clerk will redesignate the Conyers Hobson Miller (MI) Davis (IL) King (NY) Pryce (OH) amendment. Cooper Hodes Miller (NC) Davis (KY) Kirk Putnam Costa Hoekstra Miller, George Davis, David Klein (FL) Rahall The Clerk redesignated the amend- Costello Holden Mitchell Davis, Lincoln Kline (MN) Ramstad ment. Courtney Holt Mollohan Davis, Tom Knollenberg Rangel Cramer Hooley Moore (KS) RECORDED VOTE DeFazio Kucinich Regula Crenshaw Hoyer Moore (WI) DeGette Kuhl (NY) Rehberg The Acting CHAIRMAN. A recorded Crowley Hulshof Moran (KS) Delahunt LaHood Reichert vote has been demanded. Cubin Inglis (SC) Moran (VA) DeLauro Lampson Renzi A recorded vote was ordered. Cuellar Inslee Murphy (CT) Dent Langevin Reyes Cummings Israel Murphy, Patrick Diaz-Balart, L. Larsen (WA) Reynolds The Acting CHAIRMAN. This will be Davis (AL) Issa Murphy, Tim Diaz-Balart, M. Larson (CT) Richardson a 5-minute vote. Davis (CA) Jackson (IL) Murtha

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.075 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H72 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Musgrave Ross Tancredo [Roll No. 8] Hirono McNulty Schwartz Myrick Rothman Tauscher Hodes Meek (FL) Scott (GA) Nadler Roybal-Allard Taylor AYES—188 Holden Melancon Scott (VA) Napolitano Royce Terry Aderholt Frelinghuysen Nunes Holt Michaud Serrano Neal (MA) Ruppersberger Thompson (CA) Akin Gallegly Pearce Hooley Miller (NC) Sestak Neugebauer Rush Thompson (MS) Alexander Garrett (NJ) Pence Hoyer Miller, George Shea-Porter Norton Ryan (OH) Thornberry Bachmann Gerlach Peterson (PA) Inslee Mitchell Sherman Nunes Ryan (WI) Tiahrt Bachus Gingrey Petri Israel Mollohan Shuler Oberstar Salazar Jackson (IL) Moore (KS) Tiberi Barrett (SC) Gohmert Pickering Sires Obey Sali Jackson-Lee Moore (WI) Tierney Bartlett (MD) Goode Pitts Skelton Olver Sa´ nchez, Linda (TX) Moran (VA) Towns Barton (TX) Goodlatte Platts Slaughter Ortiz T. Johnson (GA) Murphy (CT) Tsongas Biggert Granger Poe Pallone Sanchez, Loretta Johnson, E. B. Murphy, Patrick Smith (NJ) Turner Bilbray Graves Porter Pascrell Sarbanes Jones (NC) Murtha Snyder Udall (CO) Bilirakis Hall (TX) Price (GA) Pastor Saxton Jones (OH) Nadler Solis Udall (NM) Bishop (UT) Hastings (WA) Pryce (OH) Payne Schakowsky Kagen Napolitano Space Upton Blackburn Hayes Putnam Pearce Schiff Kanjorski Neal (MA) Spratt Van Hollen Blunt Heller Pence Schmidt Radanovich Kaptur Norton Stark Vela´ zquez Boehner Hensarling Perlmutter Schwartz Ramstad Kennedy Oberstar Stupak Visclosky Bonner Herger Peterson (MN) Scott (GA) Regula Kildee Obey Sutton Walberg Bono Mack Hobson Peterson (PA) Scott (VA) Rehberg Kilpatrick Olver Tauscher Walden (OR) Boozman Hoekstra Reichert Petri Sensenbrenner Boustany Hulshof Klein (FL) Ortiz Taylor Pickering Serrano Walsh (NY) Renzi Kucinich Pallone Thompson (CA) Walz (MN) Brady (TX) Inglis (SC) Pitts Sessions Reynolds Langevin Pascrell Thompson (MS) Wamp Broun (GA) Issa Platts Sestak Rogers (AL) Larsen (WA) Pastor Tierney Wasserman Brown (SC) Johnson (IL) Rogers (KY) Poe Shadegg Brown-Waite, Johnson, Sam Larson (CT) Payne Towns Schultz Rogers (MI) Pomeroy Shays Ginny Jordan Lee Perlmutter Tsongas Waters Rohrabacher Porter Shea-Porter Buchanan Keller Levin Peterson (MN) Udall (CO) Watson Ros-Lehtinen Price (GA) Sherman Burgess Kind Lewis (GA) Pomeroy Udall (NM) Watt Roskam Price (NC) Shuler Burton (IN) King (IA) Lipinski Price (NC) Van Hollen Waxman Royce Pryce (OH) Shuster Buyer King (NY) LoBiondo Rahall ´ Weiner Ryan (WI) Velazquez Putnam Simpson Calvert Kingston Loebsack Rangel Welch (VT) Sali Visclosky Radanovich Sires Camp (MI) Kirk Lofgren, Zoe Reyes Weldon (FL) Saxton Walz (MN) Rahall Skelton Campbell (CA) Kline (MN) Lowey Richardson Weller Schmidt Wasserman Ramstad Slaughter Cannon Knollenberg Lynch Rodriguez Westmoreland Sensenbrenner Schultz Rangel Smith (NE) Cantor Kuhl (NY) Mahoney (FL) Ross Wexler Waters Regula Smith (NJ) Capito LaHood Sessions Maloney (NY) Rothman Whitfield (KY) Watson Rehberg Smith (TX) Carter Lamborn Shadegg Marchant Roybal-Allard Wilson (NM) Watt Renzi Smith (WA) Castle Lampson Shays Markey Ruppersberger Reyes Snyder Wilson (OH) Shuster Marshall Rush Waxman Chabot Latham Weiner Reynolds Solis Wilson (SC) Coble LaTourette Simpson Matheson Ryan (OH) Welch (VT) Richardson Souder Wittman (VA) Cole (OK) Latta Smith (NE) Matsui Salazar Wexler Rodriguez Space Wolf Conaway Lewis (CA) Smith (TX) McCarthy (NY) Sa´ nchez, Linda Wilson (OH) Rogers (AL) Spratt Woolsey Crenshaw Lewis (KY) Smith (WA) McCollum (MN) T. Rogers (KY) Stark Wu Cubin Linder Stearns McDermott Sanchez, Loretta Woolsey Rogers (MI) Stearns Wynn Davis (KY) Lucas Sullivan McGovern Sarbanes Wu Rohrabacher Stupak Yarmuth Davis, David Lungren, Daniel Tancredo McIntyre Schakowsky Wynn Ros-Lehtinen Sullivan Young (AK) Davis, Tom E. Terry McNerney Schiff Yarmuth Roskam Sutton Young (FL) Deal (GA) Mack Thornberry Tiahrt NOT VOTING—18 NOT VOTING—19 Dent Manzullo Diaz-Balart, L. McCarthy (CA) Tiberi Baca Fortun˜ o Meeks (NY) Baca Fossella Miller, Gary Diaz-Balart, M. McCaul (TX) Turner Baker Fossella Miller, Gary Baker Honda Paul Doolittle McCotter Upton Berkley Honda Paul Berkley Hunter Reichert Drake McCrery Walberg Culberson Hunter Shimkus Culberson Jefferson Shimkus Dreier McHenry Walden (OR) Faleomavaega Jefferson Souder Faleomavaega Lantos Tanner Duncan McHugh Walsh (NY) Forbes Lantos Tanner Forbes Lewis (CA) Wamp Ehlers McKeon ANNOUNCEMENT BY THE ACTING CHAIRMAN Fortun˜ o Meeks (NY) Emerson McMorris Weldon (FL) English (PA) Rodgers Weller The Acting CHAIRMAN (during the ANNOUNCEMENT BY THE ACTING CHAIRMAN Everett Mica Westmoreland vote). Members are advised there are 2 The Acting CHAIRMAN (during the Fallin Miller (FL) Whitfield (KY) minutes remaining in this vote. vote). Members are advised there are 2 Feeney Miller (MI) Wilson (NM) Ferguson Moran (KS) Wilson (SC) b 1516 minutes remaining in this vote. Flake Murphy, Tim Wittman (VA) Fortenberry Musgrave Wolf Mr. MORAN of Virginia and Mr. GILCHREST changed their vote from b 1508 Foxx Myrick Young (AK) Franks (AZ) Neugebauer Young (FL) ‘‘aye’’ to ‘‘no.’’ So the amendment was agreed to. So the amendment was rejected. The result of the vote was announced NOES—229 The result of the vote was announced as above recorded. Abercrombie Carney Doyle as above recorded. Ackerman Castor Edwards Stated for: AMENDMENT NO. 4 OFFERED BY MR. WILSON OF Allen Chandler Ellison SOUTH CAROLINA Altmire Christensen Ellsworth Mr. SOUDER. Mr. Chairman, on rollcall No. The Acting CHAIRMAN. The unfin- Andrews Clarke Emanuel 8, had I been present, I would have voted ished business is the demand for a re- Arcuri Clay Engel ‘‘aye.’’ Baird Cleaver Eshoo The Acting CHAIRMAN. The ques- corded vote on the amendment offered Baldwin Clyburn Etheridge by the gentleman from South Carolina Barrow Cohen Farr tion is on the committee amendment in the nature of a substitute, as amend- (Mr. WILSON) on which further pro- Bean Conyers Fattah Becerra Cooper Filner ceedings were postponed and on which ed. Berman Costa Frank (MA) The committee amendment in the the noes prevailed by voice vote. Berry Costello Giffords nature of a substitute, as amended, was The Clerk will redesignate the Bishop (GA) Courtney Gilchrest agreed to. amendment. Bishop (NY) Cramer Gillibrand Blumenauer Crowley Gonzalez The Acting CHAIRMAN. Under the The Clerk redesignated the amend- Bordallo Cuellar Gordon rule, the Committee rises. ment. Boren Cummings Green, Al Accordingly, the Committee rose; Boswell Davis (AL) Green, Gene RECORDED VOTE Boucher Davis (CA) Grijalva and the Speaker pro tempore (Mr. The Acting CHAIRMAN. A recorded Boyd (FL) Davis (IL) Gutierrez CAPUANO) having assumed the chair, vote has been demanded. Boyda (KS) Davis, Lincoln Hall (NY) Mr. PASTOR, Acting Chairman of the Brady (PA) DeFazio Hare A recorded vote was ordered. Braley (IA) DeGette Harman Committee of the Whole House on the The Acting CHAIRMAN. This will be Brown, Corrine Delahunt Hastings (FL) state of the Union, reported that that a 5-minute vote. Butterfield DeLauro Herseth Sandlin Committee, having had under consider- The vote was taken by electronic de- Capps Dicks Higgins ation the bill (H.R. 2768) to establish Capuano Dingell Hill vice, and there were—ayes 188, noes 229, Cardoza Doggett Hinchey improved mandatory standards to pro- not voting 18, as follows: Carnahan Donnelly Hinojosa tect minders during emergencies, and

VerDate Aug 31 2005 01:45 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.032 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H73 for other purposes, pursuant to House Mr. SOUDER. Mr. Speaker, in our coal away from the mine to abuse Resolution 918, he reported the bill discussion about how to achieve safety drugs or alcohol. Why would we not en- back to the House with an amendment in our Nation’s mines, there’s one issue sure that the men driving heavy ma- adopted in the Committee of the that, until today, has been conspicu- chinery in the mine are not impaired? Whole. ously absent: drug testing. Our late If this body has spent valuable time The SPEAKER pro tempore. Under colleague from Georgia, Charlie Nor- investigating Major League Baseball the rule, the previous question is or- wood, had the courage to introduce and its drug testing policy, and I serve dered. mine safety legislation with a drug on that committee and I support Con- Is a separate vote demanded on any testing requirement, only to be criti- gressman WAXMAN’s efforts to requir- amendment to the amendment re- cized for ‘‘blaming the victim.’’ I would ing testing of Major League Baseball ported from the Committee of the argue that drug testing prevents vic- players, why wouldn’t we do that in Whole? If not, the question is on the tims. mining? amendment. Now, claims have been made that the I helped draft the first legislation for The amendment was agreed to. Federal Government is not moving fast drug testing in high school athletes. The SPEAKER pro tempore. The enough to implement safety changes, It’s been upheld by the courts, and question is on the engrossment and that the States are more nimble. In we’ve passed that numerous times in third reading of the bill. this instance, the other side may have this House and the Senate. Why The bill was ordered to be engrossed a point. On the issue of drug testing, I wouldn’t we do it for mine safety if we and read a third time, and was read the believe the Federal Government ought do it for high school athletes? third time. to be following the States’ lead. I worked on the Small Business Com- MOTION TO RECOMMIT OFFERED BY MR. SOUDER The Commonwealth of Virginia initi- mittee with then-Chairman Jim Tal- Mr. SOUDER. Mr. Speaker, I offer a ated a drug testing requirement in ent, where we passed the Drug Work- motion to recommit. April 2006. Since then, there have been place Act and heard testimony over The SPEAKER pro tempore. Is the no mining fatalities in Virginia last and over from unions and management gentleman opposed to the bill? year, and just in southwest Virginia about how this can help people who Mr. SOUDER. I am. they had 278 the previous year, more have drug abuse to get addiction treat- The SPEAKER pro tempore. The than they’ve had homicides, not in coal ment. And I voted for the amendment Clerk will report the motion to recom- mining but in drug overdoses. that put more money in for addiction mit. The State of Kentucky passed a drug treatment, which is very important, The Clerk read as follows: testing law last year, and coal mining but you have to have drug testing. It’s Mr. SOUDER moves to recommit the bill, deaths in that State are now at an all- part of getting people treated and to do H.R. 2768, to the Committee on Education time low. Some 433 miners were sus- prevention. and Labor with instructions to report the This will be a very clear vote. We pended for positive drug test results. bill back to the House promptly with the fol- have plenty of studies. We have moun- It’s just been possible that a disaster lowing amendment: tains of studies. We have evidence that Page 22, after line 22, insert the following: has been averted because of the new when we do this in schools it keeps (n) SUBSTANCE ABUSE TESTING.—Title II is drug testing law. people from falling victim to drug further amended by adding at the end the Yet inexplicably, the same Demo- abuse and from having accidents. When following new section: crats who champion this misguided leg- we do it in the workplace, when we do ‘‘SEC. 208. SUBSTANCE ABUSE TESTING. islation because they want to move ‘‘(a) TESTING PROGRAM.—Not later than 180 it in transportation, drug testing more quickly on some reforms are pro- days after the date of enactment of the S- works. MINER Act, the Secretary shall promulgate posing that we stall action on drug This is a clean vote. There aren’t any regulations pursuant to section 101(a) to re- testing until we can do a study. We excuses. We can bring this back to the quire the operator of each mine to institute don’t need a study. The evidence is floor yet this week. We can pass this, a program to conduct mandatory, random right here, a front page article in The and this will be as clean a vote as you substance abuse testing of mine employees. Washington Post detailing what has Such regulations shall be no less restrictive can get on this motion to recommit. happened in Virginia and the problems I urge you to support drug testing, to than regulations issued by other Federal and in mining. The devastating impact of State agencies which impose mandatory sub- support safety, to get people into treat- stance abuse testing and shall provide for— drug abuse was brought into sharp ment, to keep mine disasters from oc- ‘‘(1) mandatory substance abuse testing focus in that story. curring, and I urge my colleagues to procedures; Some may also claim in the response vote with me ‘‘yes’’ on the motion to ‘‘(2) a process for the random selection of here that this would kill the bill. This recommit to ensure strong safety pro- those employees to be tested; obviously would not kill the bill. It tections and mandatory drug testing. ‘‘(3) the protection of individuals’ rights would go back to committee. The com- Mr. Speaker, I yield back the balance and privacy; mittee would then pass an amendment, of my time. ‘‘(4) the establishment of an Employee As- and it could be back on the floor later sistance Program; and Mr. GEORGE MILLER of California. ‘‘(5) for purposes of subsection (b), a proc- this week. It’s not like we’re busy. Mr. Speaker, I rise in opposition to the ess for mine operators to notify the Adminis- We’re adjourning again in mid-after- motion to recommit. tration of the names of individuals who test noon. This could easily go back to com- The SPEAKER pro tempore. The gen- positive for substance abuse. mittee and come back later this week. tleman from California is recognized ‘‘(b) REGISTRY.—Not later than 180 days Drug and alcohol testing is a com- for 5 minutes. after the date of enactment of the S-MINER monsense safety measure that protects Mr. GEORGE MILLER of California. Act, the Secretary shall promulgate regula- both abusers of these substances and Mr. Speaker, over this weekend we tions creating a registry of those found to those around them. It has the noted were treated to a very sad and dis- have tested positive for substance abuse for the sole purpose of sharing, on a confidential benefits of reducing accidents, cutting turbing story in the Washington Post basis, with State authorities responsible for sick leave, improving attendance, and about drug use in the mining commu- issuance of licenses, certification, permits, increasing productivity. nity in Virginia and other States, or other documents required to seek employ- The testing program in this motion about miners who have been crushed by ment in the mining industry.’’. to recommit is based on the Omnibus equipment in the mines, who have been Mr. SOUDER (during the reading). Transportation Employee Testing Act crushed in roof falls in the mine, who Mr. Speaker, I ask unanimous consent of 1991, which I helped draft when I was had been run over by other equipment to suspend with the reading. a staffer in the Senate, which requires in the mine, whose bodies were The SPEAKER pro tempore. Is there drug and alcohol testing of safety-sen- wracked with pain, who got addicted to objection to the request of the gen- sitive transportation employees in painkillers, to OxyContin, to other tleman from Indiana? aviation, trucking, railroads, mass drugs such as that, prescription drugs, There was no objection. transit, pipelines, and other transpor- and then were struggling with their ad- The SPEAKER pro tempore. The gen- tation industries. diction. tleman from Indiana is recognized for 5 Our Nation’s laws do not allow the There was also the story of a miner minutes. people driving the trucks filled with who got up every night at midnight,

VerDate Aug 31 2005 02:53 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.083 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H74 CONGRESSIONAL RECORD — HOUSE January 16, 2008 fixed himself a quick meal, and drove cause he’s fighting, he hates the job. Frelinghuysen Lungren, Daniel Rogers (KY) 135 miles round trip before he went to Some of them love the job in that arti- Gallegly E. Rogers (MI) Garrett (NJ) Mack Rohrabacher work so he could get his methadone cle. They said, This is my life, mining. Gerlach Manzullo Ros-Lehtinen treatment at the clinic and get on his Digging coal is what I do best, but my Gilchrest Marchant Roskam job, and do that with the knowledge of legs have been crushed, my arm has Gingrey Marshall Royce Gohmert McCarthy (CA) his employer, struggling with his ad- been crushed. Ryan (WI) Goode McCaul (TX) Sali diction, struggling to stay employed. Let’s give them testing. Let’s give Goodlatte McCotter Saxton In this bill, we had the opportunity them treatment, and let’s give them Granger McCrery Schmidt Graves McHenry to address this situation. RICK BOU- Sensenbrenner some understanding of the kind of in- Hall (TX) McHugh CHER, our colleague, addressed it by au- dustry that they’re in. We benefit, we Sessions Hastings (WA) McKeon Shadegg thorizing with almost unanimous sup- burn the coal, we run the economy, and Hayes McMorris Shays port $10 million for treatment and to these families live in fear. Heller Rodgers Shuster Hensarling Mica Simpson work with these miners, that the Sec- Herger Miller (FL) b 1530 Smith (NE) retary can use. Hobson Miller (MI) Smith (NJ) Hoekstra Moran (KS) We have suggested an amendment in This is a very good bill. This is a very Smith (TX) Hulshof Murphy, Tim the manager’s amendment, which you good bill. We should not suggest for a Souder Inglis (SC) Musgrave voted for, which says that the Sec- moment that because there is no link Issa Myrick Stearns retary will spend 6 months to work between the tragedies of the mining ac- Johnson (IL) Neugebauer Sullivan with the industry, to work with the cidents last year and the year before, Johnson, Sam Nunes Taylor Jones (NC) Pearce Terry miners, to work with the States. Vir- that drugs were involved at all. We Jordan Pence Thornberry ginia has a program. Kentucky has a have a nutty owner in Utah, but we’re Keller Peterson (PA) Tiahrt program. West Virginia does not. Penn- not going to test him. We’re not going King (IA) Petri Tiberi sylvania apparently does not. Indiana to test that owner, who is running King (NY) Pickering Turner Kirk Pitts Upton does not. Illinois does not. The Sec- around giving all these false reasons to Kline (MN) Platts Walberg retary will work with them to see how these poor victims and their families Knollenberg Poe Walden (OR) they’re doing it, the best way to do it, as to what happened. Kuhl (NY) Porter Walsh (NY) LaHood Price (GA) Wamp and at the end of that 6 months, after So yes, you can talk about baseball. Lamborn Pryce (OH) Weldon (FL) those consultations, after her study, to But at the end of the day, those base- Lampson Putnam Weller impose a drug program with drug test- ball players, just as they did last sea- Latham Radanovich Westmoreland ing and treatment and rehabilitation. son and next season, they’ll be playing. LaTourette Ramstad Whitfield (KY) Latta Regula Wilson (NM) How is that different than what is And they’ll get a warning, and they’ll Lewis (CA) Rehberg Wilson (SC) being offered here by my colleagues on get treatment. And they’ll get a second Lewis (KY) Reichert Wittman (VA) the other side? They impose drug test- warning, and they’ll get treatment. Linder Renzi Wolf ing, and then they impose a blacklist LoBiondo Reynolds Young (AK) These guys get a test and a list. It’s un- Lucas Rogers (AL) Young (FL) for those who test positive. You want fair. It’s outrageous. And you should to talk about baseball? You’re being a not support it. NOES—217 hell of a lot harder on hardworking The SPEAKER pro tempore. Without Abercrombie Doyle Larsen (WA) miners in this country than you are on Ackerman Edwards Larson (CT) objection, the previous question is or- Allen Ellison Lee the baseball stars because they use dered on the motion to recommit. Andrews Ellsworth Levin drugs, and they go to work every day There was no objection. Arcuri Emanuel Lewis (GA) and nobody says anything. The SPEAKER pro tempore. The Baird Engel Lipinski Baldwin Eshoo Loebsack But a miner who’s been crushed on question is on the motion to recommit. Bean Etheridge Lofgren, Zoe the job, who’s trying to provide for The question was taken; and the Becerra Farr Lowey their families, tests positive, we don’t Speaker pro tempore announced that Berman Fattah Lynch know if it’s a false positive. They don’t Berry Filner Mahoney (FL) the noes appeared to have it. Bishop (GA) Frank (MA) Maloney (NY) make allowances for false positives. He RECORDED VOTE Bishop (NY) Giffords Markey gets on the blacklist and he may never Mr. SOUDER. Mr. Speaker, I demand Blumenauer Gillibrand Matheson work again. Boren Gonzalez Matsui a recorded vote. Boswell Gordon McCarthy (NY) RICK BOUCHER had a better idea. Our A recorded vote was ordered. Boucher Green, Al McCollum (MN) committee had a better idea. Have the The SPEAKER pro tempore. Pursu- Boyd (FL) Green, Gene McDermott Secretary work with the States and ant to clause 9 of rule XX, the Chair Brady (PA) Grijalva McGovern the companies and the mining indus- Braley (IA) Gutierrez McIntyre will reduce to 5 minutes the minimum Brown, Corrine Hall (NY) McNerney tries and the miners and the unions time for any electronic vote on the Butterfield Hare McNulty and say how can we best do this be- question of passage. Capps Harman Meek (FL) Capuano Hastings (FL) Melancon cause I’m going to do it. So what’s the The vote was taken by electronic de- best way for us to do this. Cardoza Herseth Sandlin Michaud vice, and there were—ayes 197, noes 217, Carnahan Higgins Miller (NC) So many of you from both sides of not voting 16, as follows: Castor Hill Miller, George the aisle during the consideration of Chandler Hinchey Mitchell this bill have said to me one thing over [Roll No. 9] Clarke Hinojosa Mollohan AYES—197 Clay Hirono Moore (KS) and over again: Will you work with the Cleaver Hodes Moore (WI) Aderholt Broun (GA) Davis (KY) companies? Will you work with the Clyburn Holden Moran (VA) Akin Brown (SC) Davis, David Cohen Holt Murphy (CT) companies? Now, along comes drug Alexander Brown-Waite, Davis, Tom Conyers Hooley Murphy, Patrick testing, nobody says work with the Altmire Ginny Deal (GA) Cooper Hoyer Murtha Bachmann Buchanan Dent companies. Nobody says work with the Costa Inslee Nadler Bachus Burgess Diaz-Balart, L. unions. Nobody says work with the Costello Israel Napolitano Barrett (SC) Burton (IN) Diaz-Balart, M. Courtney Jackson (IL) Neal (MA) community health facilities. They just Barrow Buyer Donnelly Cramer Jackson-Lee Oberstar Bartlett (MD) Calvert Doolittle say test them and list them. Crowley (TX) Obey Barton (TX) Camp (MI) Drake What the hell kind of thing is that to Cuellar Johnson (GA) Olver Biggert Campbell (CA) Dreier do to hardworking people in one of the Cummings Johnson, E. B. Ortiz Bilbray Cannon Duncan Davis (AL) Jones (OH) Pallone most dangerous industries? We’ve had Bilirakis Cantor Ehlers Davis (CA) Kagen Pascrell Bishop (UT) Capito Emerson spouses come to this committee and Davis (IL) Kanjorski Pastor Blackburn Carney English (PA) talk about the fear in their spouses at Davis, Lincoln Kaptur Payne Blunt Carter Everett DeFazio Kennedy Perlmutter night when they come home from work Boehner Castle Fallin DeGette Kildee Peterson (MN) and before they leave, the fear that Bonner Chabot Feeney Delahunt Kilpatrick Pomeroy Bono Mack Coble Ferguson these miners have of going into that DeLauro Kind Price (NC) Boozman Cole (OK) Flake workplace. Dicks Klein (FL) Rahall Boustany Conaway Fortenberry Dingell Kucinich Rangel In that article, one of the miners said Boyda (KS) Crenshaw Foxx Doggett Langevin Reyes he takes drugs and he used to drink be- Brady (TX) Cubin Franks (AZ)

VerDate Aug 31 2005 03:43 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.085 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H75 Richardson Sherman Udall (NM) Langevin Napolitano Slaughter Souder Udall (CO) Whitfield (KY) Rodriguez Shuler Van Hollen Larsen (WA) Neal (MA) Smith (NJ) Stearns Upton Wilson (NM) Ross Sires Vela´ zquez Larson (CT) Oberstar Smith (WA) Sullivan Walberg Wilson (SC) Rothman Skelton Visclosky Lee Obey Snyder Tancredo Walden (OR) Wittman (VA) Roybal-Allard Slaughter Walz (MN) Levin Ortiz Solis Terry Walsh (NY) Wolf Ruppersberger Smith (WA) Wasserman Lewis (GA) Pallone Space Thornberry Wamp Young (AK) Rush Snyder Schultz Lipinski Pascrell Spratt Tiahrt Weldon (FL) Young (FL) Ryan (OH) Solis Waters LoBiondo Pastor Stark Tiberi Weller Salazar Space Loebsack Payne Turner Westmoreland Watson Stupak Sa´ nchez, Linda Spratt Lofgren, Zoe Pomeroy Watt Sutton T. Stark Lowey Price (NC) NOT VOTING—17 Waxman Tauscher Sanchez, Loretta Stupak Lynch Rahall Baca Honda Miller, Gary Sarbanes Sutton Weiner Mahoney (FL) Rangel Taylor Welch (VT) Thompson (CA) Baker Hunter Olver Schakowsky Tancredo Maloney (NY) Reyes Berkley Jefferson Paul Schiff Tauscher Wexler Markey Richardson Thompson (MS) Culberson Kingston Shimkus Schwartz Thompson (CA) Wilson (OH) Marshall Rodriguez Tierney Forbes Lantos Tanner Scott (GA) Thompson (MS) Woolsey Matheson Rothman Towns Fossella Meeks (NY) Scott (VA) Tierney Wu Matsui Roybal-Allard Tsongas Serrano Towns Wynn McCarthy (NY) Ruppersberger Udall (NM) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Sestak Tsongas Yarmuth McCollum (MN) Rush Van Hollen Shea-Porter Udall (CO) McDermott Ryan (OH) Vela´ zquez The SPEAKER pro tempore (Ms. McGovern Sa´ nchez, Linda Visclosky DEGETTE) (during the vote). Members NOT VOTING—16 McIntyre T. Walz (MN) are advised that there are 2 minutes re- Baca Honda Miller, Gary McNerney Sanchez, Loretta Wasserman maining in this vote. Baker Hunter Paul McNulty Sarbanes Schultz Berkley Jefferson Shimkus Meek (FL) Schakowsky Waters Michaud Culberson Kingston Tanner Schiff Watson Miller (NC) Schwartz b 1556 Forbes Lantos Watt Miller, George Scott (GA) Fossella Meeks (NY) Waxman Mitchell Scott (VA) Mr. MCCOTTER changed his vote Mollohan Serrano Weiner from ‘‘yea’’ to ‘‘nay.’’ Welch (VT) b 1548 Moore (KS) Sestak So the bill was passed. Moore (WI) Shays Wexler Mr. RANGEL and Mrs. LOWEY Moran (VA) Shea-Porter Wilson (OH) The result of the vote was announced changed their vote from ‘‘aye’’ to ‘‘no.’’ Murphy (CT) Sherman Woolsey as above recorded. Murphy, Patrick Shuler Wu A motion to reconsider was laid on Mr. TAYLOR changed his vote from Murtha Sires Wynn ‘‘no’’ to ‘‘aye.’’ Nadler Skelton Yarmuth the table. So the motion to recommit was re- Stated against: jected. NAYS—199 Mr. GRAVES. Madam Speaker, on rollcall Aderholt Ehlers McCaul (TX) vote 10, the S–MINER Act, I voted ‘‘yea’’ The result of the vote was announced Akin Emerson McCotter as above recorded. Alexander English (PA) McCrery when I intended to vote ‘‘nay.’’ I apologize for The SPEAKER pro tempore. The Bachmann Everett McHenry any confusion and ask that the RECORD reflect Barrett (SC) Fallin McHugh my true intention. question is on the passage of the bill. Barrow Feeney McKeon The question was taken; and the Bartlett (MD) Ferguson McMorris Speaker pro tempore announced that Barton (TX) Flake Rodgers f Berry Fortenberry Melancon the ayes appeared to have it. Biggert Foxx Mica Mr. MCKEON. Mr. Speaker, on that I Bilbray Franks (AZ) Miller (FL) AUTHORIZING THE CLERK TO demand the yeas and nays. Bilirakis Frelinghuysen Miller (MI) MAKE CORRECTIONS IN EN- Bishop (UT) Gallegly Moran (KS) The yeas and nays were ordered. Blackburn Garrett (NJ) Murphy, Tim GROSSMENT OF H.R. 2768, SUP- The SPEAKER pro tempore. This Blunt Gerlach Musgrave PLEMENTAL MINE IMPROVE- will be a 5-minute vote. Boehner Gingrey Myrick MENT AND NEW EMERGENCY RE- Bonner Gohmert Neugebauer The vote was taken by electronic de- Bono Mack Goode Nunes SPONSE ACT OF 2007 vice, and there were—yeas 214, nays Boozman Goodlatte Pearce Mr. KILDEE. Madam Speaker, I ask 199, not voting 17, as follows: Boren Granger Pence Boustany Hall (TX) Perlmutter unanimous consent that the Clerk be [Roll No. 10] Boyd (FL) Hastings (WA) Peterson (MN) authorized to make technical correc- Boyda (KS) Hayes Peterson (PA) tions in the engrossment of H.R. 2768, YEAS—214 Brady (TX) Heller Petri Abercrombie Cooper Green, Al Broun (GA) Hensarling Pickering to include corrections in spelling, the Ackerman Costa Green, Gene Brown (SC) Herger Pitts table of contents, punctuation, section Allen Costello Grijalva Brown-Waite, Herseth Sandlin Platts numbering and cross-referencing, and Altmire Courtney Gutierrez Ginny Hobson Poe Andrews Crowley Hall (NY) Buchanan Hoekstra Porter the insertion of appropriate headings. Arcuri Cummings Hare Burgess Hulshof Price (GA) The SPEAKER pro tempore. Is there Bachus Davis (AL) Harman Burton (IN) Inglis (SC) Pryce (OH) objection to the request of the gen- Baird Davis (CA) Hastings (FL) Buyer Issa Putnam Baldwin Davis (IL) Higgins Calvert Johnson (IL) Radanovich tleman from Michigan? Bean DeFazio Hill Camp (MI) Johnson, Sam Ramstad There was no objection. Becerra DeGette Hinchey Campbell (CA) Jones (NC) Regula Berman Delahunt Hinojosa Cannon Jordan Rehberg Bishop (GA) DeLauro Hirono Cantor Keller Reichert f Bishop (NY) Dicks Hodes Carter King (IA) Renzi Blumenauer Dingell Holden Castle King (NY) Reynolds Boswell Doggett Holt Chabot Kirk Rogers (AL) NATIONAL DEFENSE AUTHORIZA- Boucher Donnelly Hooley Coble Kline (MN) Rogers (KY) TION ACT FOR FISCAL YEAR 2008 Brady (PA) Doyle Hoyer Cole (OK) Knollenberg Rogers (MI) Braley (IA) Edwards Inslee Conaway Kuhl (NY) Rohrabacher Mr. SKELTON. Madam Speaker, I Brown, Corrine Ellison Israel Cramer LaHood Ros-Lehtinen Butterfield Ellsworth Jackson (IL) Crenshaw Lamborn Roskam move to suspend the rules and pass the Capito Emanuel Jackson-Lee Cubin Lampson Ross bill (H.R. 4986) to provide for the enact- Capps Engel (TX) Cuellar Latham Royce ment of the National Defense Author- Capuano Eshoo Johnson (GA) Davis (KY) LaTourette Ryan (WI) ization Act for Fiscal Year 2008, as pre- Cardoza Etheridge Johnson, E. B. Davis, David Latta Salazar Carnahan Farr Jones (OH) Davis, Lincoln Lewis (CA) Sali viously enrolled, with certain modi- Carney Fattah Kagen Davis, Tom Lewis (KY) Saxton fications to address the foreign sov- Castor Filner Kanjorski Deal (GA) Linder Schmidt ereign immunities provisions of title Chandler Frank (MA) Kaptur Dent Lucas Sensenbrenner Clarke Giffords Kennedy Diaz-Balart, L. Lungren, Daniel Sessions 28, United States Code, with respect to Clay Gilchrest Kildee Diaz-Balart, M. E. Shadegg the attachment of property in certain Cleaver Gillibrand Kilpatrick Doolittle Mack Shuster judgments against Iraq, the lapse of Clyburn Gonzalez Kind Drake Manzullo Simpson Cohen Gordon Klein (FL) Dreier Marchant Smith (NE) statutory authorities for the payment Conyers Graves Kucinich Duncan McCarthy (CA) Smith (TX) of bonuses, special pays, and similar

VerDate Aug 31 2005 03:43 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.041 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H76 CONGRESSIONAL RECORD — HOUSE January 16, 2008 benefits for members of the uniformed Sec. 125. Littoral Combat Ship (LCS) pro- Sec. 234. Report on implementation of Man- services, and for other purposes. gram. ufacturing Technology Pro- The Clerk read the title of the bill. Subtitle D—Air Force Programs gram. Sec. 235. Assessment of sufficiency of test The text of the bill is as follows: Sec. 131. Limitation on Joint Cargo Air- and evaluation personnel. H.R. 4986 craft. Sec. 236. Repeal of requirement for separate Sec. 132. Clarification of limitation on re- Be it enacted by the Senate and House of Rep- reports on technology area re- tirement of U–2 aircraft. resentatives of the United States of America in view and assessment sum- Sec. 133. Repeal of requirement to maintain Congress assembled, maries. retired C–130E tactical aircraft. SECTION 1. SHORT TITLE; TREATMENT OF EX- Sec. 237. Modification of notice and wait re- Sec. 134. Limitation on retirement of C– PLANATORY STATEMENT. quirement for obligation of 130E/H tactical airlift aircraft. (a) SHORT TITLE.—This Act may be cited as funds for foreign comparative Sec. 135. Limitation on retirement of KC– the ‘‘National Defense Authorization Act for test program. Fiscal Year 2008’’. 135E aerial refueling aircraft. Sec. 238. Strategic Plan for the Manufac- Sec. 136. Transfer to Government of Iraq of (b) EXPLANATORY STATEMENT.—The Joint turing Technology Program. Explanatory Statement submitted by the three C–130E tactical airlift air- Sec. 239. Modification of authorities on co- Committee of Conference for the conference craft. ordination of Defense Experi- report to accompany H.R. 1585 of the 110th Sec. 137. Modification of limitations on re- mental Program to Stimulate Congress (Report 110–477) shall be deemed to tirement of B–52 bomber air- Competitive Research with be part of the legislative history of this Act craft. similar Federal programs. and shall have the same effect with respect TITLE II—RESEARCH, DEVELOPMENT, Sec. 240. Enhancement of defense to the implementation of this Act as it TEST, AND EVALUATION nanotechnology research and would have had with respect to the imple- Subtitle A—Authorization of Appropriations development program. Sec. 241. Federally funded research and de- mentation of H.R. 1585, if such bill had been Sec. 201. Authorization of appropriations. velopment center assessment of enacted. Sec. 202. Amount for defense science and the Defense Experimental Pro- SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; technology. TABLE OF CONTENTS. gram to Stimulate Competitive Subtitle B—Program Requirements, (a) DIVISIONS.—This Act is organized into Research. three divisions as follows: Restrictions, and Limitations Sec. 242. Cost-benefit analysis of proposed (1) Division A—Department of Defense Au- Sec. 211. Operational test and evaluation of funding reduction for High En- thorizations. Future Combat Systems net- ergy Laser Systems Test Facil- (2) Division B—Military Construction Au- work. ity. thorizations. Sec. 212. Limitation on use of funds for sys- Sec. 243. Prompt global strike. (3) Division C—Department of Energy Na- tems development and dem- TITLE III—OPERATION AND tional Security Authorizations and Other onstration of Joint Light Tac- MAINTENANCE Authorizations. tical Vehicle program. Subtitle A—Authorization of Appropriations Sec. 213. Requirement to obligate and ex- (b) TABLE OF CONTENTS.—The table of con- Sec. 301. Operation and maintenance fund- pend funds for development and tents for this Act is as follows: ing. Sec. 1. Short title; treatment of explanatory procurement of a competitive statement. propulsion system for the Joint Subtitle B—Environmental Provisions Sec. 2. Organization of Act into divisions; Strike Fighter. Sec. 311. Reimbursement of Environmental table of contents. Sec. 214. Limitation on use of funds for de- Protection Agency for certain Sec. 3. Congressional defense committees. fense-wide manufacturing costs in connection with Moses DIVISION A—DEPARTMENT OF DEFENSE science and technology pro- Lake Wellfield Superfund Site, AUTHORIZATIONS gram. Moses Lake, Washington. Sec. 312. Reimbursement of Environmental TITLE I—PROCUREMENT Sec. 215. Advanced Sensor Applications Pro- gram. Protection Agency for certain Subtitle A—Authorization of Appropriations Sec. 216. Active protection systems. costs in connection with the Sec. 101. Army. Subtitle C—Ballistic Missile Defense Arctic Surplus Superfund Site, Sec. 102. Navy and Marine Corps. Fairbanks, Alaska. Sec. 103. Air Force. Sec. 221. Participation of Director, Oper- Sec. 313. Payment to Environmental Protec- Sec. 104. Defense-wide activities. ational Test and Evaluation, in tion Agency of stipulated pen- Sec. 105. National Guard and Reserve equip- missile defense test and evalua- alties in connection with Jack- ment. tion activities. son Park Housing Complex, Subtitle B—Army Programs Sec. 222. Study on future roles and missions Washington. Sec. 111. Multiyear procurement authority of the Missile Defense Agency. Sec. 314. Report on control of the brown tree for M1A2 Abrams System En- Sec. 223. Budget and acquisition require- snake. hancement Package upgrades. ments for Missile Defense Agen- Sec. 315. Notification of certain residents Sec. 112. Multiyear procurement authority cy activities. and civilian employees at Camp for M2A3/M3A3 Bradley fighting Sec. 224. Limitation on use of funds for re- Lejeune, North Carolina, of ex- vehicle upgrades. placing warhead on SM–3 Block posure to drinking water con- Sec. 113. Multiyear procurement authority IIA missile. tamination. Sec. 225. Extension of Comptroller General for conversion of CH–47D heli- Subtitle C—Workplace and Depot Issues copters to CH–47F configura- assessments of ballistic missile defense programs. Sec. 321. Availability of funds in Defense In- tion. formation Systems Agency Sec. 114. Multiyear procurement authority Sec. 226. Limitation on availability of funds for procurement, construction, Working Capital Fund for tech- for CH–47F helicopters. nology upgrades to Defense In- Sec. 115. Limitation on use of funds for In- and deployment of missile de- formation Systems Network. crement 1 of the Warfighter In- fenses in Europe. Sec. 227. Sense of Congress on missile de- Sec. 322. Modification to public-private com- formation Network-Tactical petition requirements before program pending certification fense cooperation with Israel. Sec. 228. Limitation on availability of funds conversion to contractor per- to Congress. formance. Sec. 116. Prohibition on closure of Army for deployment of missile de- fense interceptors in Alaska. Sec. 323. Public-private competition at end Tactical Missile System pro- of period specified in perform- duction line pending report. Sec. 229. Policy of the United States on pro- tection of the United States ance agreement not required. Sec. 117. Stryker Mobile Gun System. Sec. 324. Guidelines on insourcing new and Subtitle C—Navy Programs and its allies against Iranian ballistic missiles. contracted out functions. Sec. 121. Multiyear procurement authority Sec. 325. Restriction on Office of Manage- for Virginia-class submarine Subtitle D—Other Matters ment and Budget influence over program. Sec. 231. Coordination of human systems in- Department of Defense public- Sec. 122. Report on shipbuilding investment tegration activities related to private competitions. strategy. acquisition programs. Sec. 326. Bid protests by Federal employees Sec. 123. Sense of Congress on the preserva- Sec. 232. Expansion of authority for provi- in actions under Office of Man- tion of a skilled United States sion of laboratory facilities, agement and Budget Circular shipyard workforce. services, and equipment. A–76. Sec. 124. Assessments required prior to start Sec. 233. Modification of cost-sharing re- Sec. 327. Public-private competition re- of construction on first ship of quirement for Technology quired before conversion to con- a shipbuilding program. Transition Initiative. tractor performance.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4636 Sfmt 0655 E:\CR\FM\K16JA7.091 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H77 Sec. 328. Extension of authority for Army TITLE IV—MILITARY PERSONNEL Sec. 513. Mandatory separation of Reserve industrial facilities to engage AUTHORIZATIONS officers in the grade of lieuten- in cooperative activities with Subtitle A—Active Forces ant general or vice admiral non-Army entities. after completion of 38 years of Sec. 401. End strengths for active forces. Sec. 329. Reauthorization and modification Sec. 402. Revision in permanent active duty commissioned service. of multi-trades demonstration end strength minimum levels. Sec. 514. Maximum period of temporary Fed- project. Sec. 403. Additional authority for increases eral recognition of person as Sec. 330. Pilot program for availability of of Army and Marine Corps ac- Army National Guard officer or working-capital funds to Army tive duty end strengths for fis- Air National Guard officer. for certain product improve- cal years 2009 and 2010. ments. Sec. 515. Advance notice to members of re- Sec. 404. Increase in authorized strengths for serve components of deploy- Subtitle D—Extension of Program Army officers on active duty in ment in support of contingency Authorities the grade of major. operations. Sec. 341. Extension of Arsenal Support Pro- Sec. 405. Increase in authorized strengths for Sec. 516. Report on relief from professional gram Initiative. Navy officers on active duty in licensure and certification re- Sec. 342. Extension of period for reimburse- the grades of lieutenant com- quirements for reserve compo- ment for helmet pads purchased mander, commander, and cap- nent members on long-term ac- by members of the Armed tain. tive duty. Forces deployed in contingency Sec. 406. Increase in authorized daily aver- operations. age of number of members in Subtitle C—Education and Training Sec. 343. Extension of temporary authority pay grade E–9. Sec. 521. Revisions to authority to pay tui- for contract performance of se- Subtitle B—Reserve Forces tion for off-duty training or curity guard functions. Sec. 411. End strengths for Selected Reserve. education. Subtitle E—Reports Sec. 412. End strengths for Reserves on ac- Sec. 522. Reduction or elimination of service Sec. 351. Reports on National Guard readi- tive duty in support of the Re- obligation in an Army Reserve ness for emergencies and major serves. or Army National Guard troop disasters. Sec. 413. End strengths for military techni- program unit for certain per- Sec. 352. Annual report on prepositioned ma- cians (dual status). sons selected as medical stu- teriel and equipment. Sec. 414. Fiscal year 2008 limitation on num- dents at Uniformed Services Sec. 353. Report on incremental cost of early ber of non-dual status techni- University of the Health 2007 enhanced deployment. cians. Sciences. Sec. 354. Modification of requirements of Sec. 415. Maximum number of reserve per- Sec. 523. Repeal of annual limit on number Comptroller General report on sonnel authorized to be on ac- of ROTC scholarships under the readiness of Army and Ma- tive duty for operational sup- Army Reserve and Army Na- rine Corps ground forces. port. tional Guard financial assist- Sec. 355. Plan to improve readiness of Sec. 416. Future authorizations and account- ance program. ground forces of active and re- ing for certain reserve compo- serve components. nent personnel authorized to be Sec. 524. Treatment of prior active service of Sec. 356. Independent assessment of Civil on active duty or full-time Na- members in uniformed medical Reserve Air Fleet viability. tional Guard duty to provide accession programs. Sec. 357. Department of Defense Inspector operational support. Sec. 525. Repeal of post-2007–2008 academic General report on physical se- Sec. 417. Revision of variances authorized year prohibition on phased in- curity of Department of De- for Selected Reserve end crease in cadet strength limit fense installations. strengths. at the United States Military Sec. 358. Review of high-altitude aviation Academy. training. Subtitle C—Authorization of Appropriations Sec. 359. Reports on safety measures and en- Sec. 421. Military personnel. Sec. 526. National Defense University mas- croachment issues and master TITLE V—MILITARY PERSONNEL POLICY ter’s degree programs. plan for Warren Grove Gunnery Subtitle A—Officer Personnel Policy Sec. 527. Authority of the Air University to Range, New Jersey. confer degree of master of Sec. 360. Report on search and rescue capa- Sec. 501. Assignment of officers to des- science in flight test engineer- bilities of the Air Force in the ignated positions of importance ing. and responsibility. northwestern United States. Sec. 528. Enhancement of education benefits Sec. 361. Report and master infrastructure Sec. 502. Enhanced authority for Reserve general and flag officers to for certain members of reserve recapitalization plan for Chey- components. enne Mountain Air Station, serve on active duty. Colorado. Sec. 503. Increase in years of commissioned Sec. 529. Extension of period of entitlement service threshold for discharge to educational assistance for Subtitle F—Other Matters of probationary officers and for certain members of the Se- Sec. 371. Enhancement of corrosion control use of force shaping authority. lected Reserve affected by force and prevention functions with- Sec. 504. Mandatory retirement age for ac- shaping initiatives. in Department of Defense. tive-duty general and flag offi- Sec. 530. Time limit for use of educational Sec. 372. Authority for Department of De- cers continued on active duty. assistance benefit for certain fense to provide support for cer- Sec. 505. Authority for reduced mandatory members of reserve components tain sporting events. service obligation for initial ap- Sec. 373. Authority to impose reasonable re- and resumption of benefit. pointments of officers in criti- Sec. 531. Secretary of Defense evaluation of strictions on payment of full cally short health professional replacement value for lost or the adequacy of the degree- specialties. granting authorities of certain damaged personal property Sec. 506. Expansion of authority for reenlist- military universities and edu- transported at Government ex- ment of officers in their former cational institutions. pense. enlisted grade. Sec. 374. Priority transportation on Depart- Sec. 507. Increase in authorized number of Sec. 532. Report on success of Army Na- ment of Defense aircraft of re- permanent professors at the tional Guard and Reserve Sen- tired members residing in Com- United States Military Acad- ior Reserve Officers’ Training monwealths and possessions of emy. Corps financial assistance pro- the United States for certain Sec. 508. Promotion of career military pro- gram. health care services. fessors of the Navy. Sec. 533. Report on utilization of tuition as- Sec. 375. Recovery of missing military prop- Subtitle B—Reserve Component sistance by members of the erty. Armed Forces. Sec. 376. Retention of combat uniforms by Management members of the Armed Forces Sec. 511. Retention of military technicians Sec. 534. Navy Junior Reserve Officers’ deployed in support of contin- who lose dual status in the Se- Training Corps unit for gency operations. lected Reserve due to combat- Southold, Mattituck, and Sec. 377. Issue of serviceable material of the related disability. Greenport High Schools. Navy other than to Armed Sec. 512. Constructive service credit upon Sec. 535. Report on transfer of administra- Forces. original appointment of Re- tion of certain educational as- Sec. 378. Reauthorization of Aviation Insur- serve officers in certain health sistance programs for members ance Program. care professions. of the reserve components.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H78 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Subtitle D—Military Justice and Legal Sec. 585. Family leave in connection with Sec. 611. Extension of certain bonus and spe- Assistance Matters injured members of the Armed cial pay authorities for Reserve Sec. 541. Authority to designate civilian em- Forces. forces. ployees of the Federal Govern- Sec. 586. Family care plans and deferment of Sec. 612. Extension of certain bonus and spe- ment and dependents of de- deployment of single parent or cial pay authorities for health ceased members as eligible for dual military couples with care professionals. legal assistance from Depart- minor dependents. Sec. 613. Extension of special pay and bonus ment of Defense legal staff re- Sec. 587. Education and treatment services authorities for nuclear officers. sources. for military dependent children Sec. 614. Extension of authorities relating to Sec. 542. Authority of judges of the United with autism. payment of other bonuses and States Court of Appeals for the Sec. 588. Commendation of efforts of Project special pays. Armed Forces to administer Compassion in paying tribute Sec. 615. Increase in incentive special pay oaths. to members of the Armed and multiyear retention bonus Sec. 543. Modification of authorities on sen- Forces who have fallen in the for medical officers. Sec. 616. Increase in dental officer addi- ior members of the Judge Advo- service of the United States. tional special pay. cate Generals’ Corps. Subtitle I—Other Matters Sec. 544. Prohibition against members of the Sec. 617. Increase in maximum monthly rate Armed Forces participating in Sec. 590. Uniform performance policies for of hardship duty pay and au- criminal street gangs. military bands and other musi- thority to provide hardship duty pay in a lump sum. Subtitle E—Military Leave cal units. Sec. 591. Transportation of remains of de- Sec. 618. Definition of sea duty for career Sec. 551. Temporary enhancement of carry- ceased members of the Armed sea pay to include service as over of accumulated leave for Forces and certain other per- off-cycle crewmembers of members of the Armed Forces. sons. multi-crew ships. Sec. 552. Enhancement of rest and recuper- Sec. 592. Expansion of number of academies Sec. 619. Reenlistment bonus for members of ation leave. supportable in any State under the Selected Reserve. Subtitle F—Decorations and Awards STARBASE program. Sec. 620. Availability of Selected Reserve ac- Sec. 561. Authorization and request for Sec. 593. Gift acceptance authority. cession bonus for persons who award of Medal of Honor to Les- Sec. 594. Conduct by members of the Armed previously served in the Armed lie H. Sabo, Jr., for acts of valor Forces and veterans out of uni- Forces for a short period. Sec. 621. Availability of nuclear officer con- during the Vietnam War. form during hoisting, lowering, tinuation pay for officers with Sec. 562. Authorization and request for or passing of United States more than 26 years of commis- award of Medal of Honor to flag. Henry Svehla for acts of valor sioned service. Sec. 595. Annual report on cases reviewed by Sec. 622. Waiver of years-of-service limita- during the Korean War. National Committee for Em- Sec. 563. Authorization and request for tion on receipt of critical skills ployer Support of the Guard award of Medal of Honor to retention bonus. and Reserve. Woodrow W. Keeble for acts of Sec. 623. Accession bonus for participants in Sec. 596. Modification of Certificate of Re- valor during the Korean War. the Armed Forces Health Pro- Sec. 564. Authorization and request for lease or Discharge from Active fessions Scholarship and Finan- award of Medal of Honor to Pri- Duty (DD Form 214). cial Assistance Program. vate Philip G. Shadrach for Sec. 597. Reports on administrative separa- Sec. 624. Payment of assignment incentive acts of valor as one of Andrews’ tions of members of the Armed pay for Reserve members serv- Raiders during the Civil War. Forces for personality disorder. ing in combat zone for more Sec. 565. Authorization and request for Sec. 598. Program to commemorate 50th an- than 22 months. award of Medal of Honor to Pri- niversary of the Vietnam War. Subtitle C—Travel and Transportation vate George D. Wilson for acts Sec. 599. Recognition of members of the Allowances Monuments, Fine Arts, and Ar- of valor as one of Andrews’ Sec. 631. Payment of inactive duty training chives program of the Civil Af- Raiders during the Civil War. travel costs for certain Selected fairs and Military Government Subtitle G—Impact Aid and Defense Reserve members. Sections of the Armed Forces Dependents Education System Sec. 632. Survivors of deceased members eli- during and following World War gible for transportation to at- Sec. 571. Continuation of authority to assist II. local educational agencies that tend burial ceremonies. benefit dependents of members TITLE VI—COMPENSATION AND OTHER Sec. 633. Allowance for participation of Re- of the Armed Forces and De- PERSONNEL BENEFITS serves in electronic screening. partment of Defense civilian Subtitle A—Pay and Allowances Sec. 634. Allowance for civilian clothing for members of the Armed Forces employees. Sec. 601. Fiscal year 2008 increase in mili- traveling in connection with Sec. 572. Impact aid for children with severe tary basic pay. medical evacuation. disabilities. Sec. 602. Basic allowance for housing for re- Sec. 635. Payment of moving expenses for Sec. 573. Inclusion of dependents of non-De- serve component members Junior Reserve Officers’ Train- partment of Defense employees without dependents who attend ing Corps instructors in hard- employed on Federal property accession training while main- to-fill positions. in plan relating to force struc- taining a primary residence. ture changes, relocation of Sec. 603. Extension and enhancement of au- Subtitle D—Retired Pay and Survivor military units, or base closures thority for temporary lodging Benefits and realignments. expenses for members of the Sec. 641. Expansion of combat-related spe- Sec. 574. Payment of private boarding school Armed Forces in areas subject cial compensation eligibility. tuition for military dependents to major disaster declaration or Sec. 642. Inclusion of veterans with service- in overseas areas not served by for installations experiencing connected disabilities rated as defense dependents’ education sudden increase in personnel total by reason of system schools. levels. unemployability under termi- Subtitle H—Military Families Sec. 604. Income replacement payments for nation of phase-in of concur- Sec. 581. Department of Defense Military reserve component members ex- rent receipt of retired pay and Family Readiness Council and periencing extended and fre- veterans’ disability compensa- policy and plans for military quent mobilization for active tion. family readiness. duty service. Sec. 643. Recoupment of annuity amounts Sec. 582. Yellow Ribbon Reintegration Pro- Sec. 605. Midmonth payment of basic pay for previously paid, but subject to gram. contributions of members of offset for dependency and in- Sec. 583. Study to enhance and improve sup- the uniformed services partici- demnity compensation. port services and programs for pating in Thrift Savings Plan. Sec. 644. Special survivor indemnity allow- families of members of regular ance for persons affected by re- and reserve components under- Subtitle B—Bonuses and Special and quired Survivor Benefit Plan going deployment. Incentive Pays annuity offset for dependency Sec. 584. Protection of child custody ar- Sec. 610. Correction of lapsed authorities for and indemnity compensation. rangements for parents who are payment of bonuses, special Sec. 645. Modification of authority of mem- members of the Armed Forces pays, and similar benefits for bers of the Armed Forces to deployed in support of a contin- members of the uniformed serv- designate recipients for pay- gency operation. ices. ment of death gratuity.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H79 Sec. 646. Clarification of application of re- Sec. 713. Report on patient satisfaction sur- Subtitle C—Amendments to General Con- tired pay multiplier percentage veys. tracting Authorities, Procedures, and Lim- to members of the uniformed Sec. 714. Report on medical physical exami- itations services with over 30 years of nations of members of the Sec. 821. Plan for restricting Government- service. Armed Forces before their de- unique contract clauses on Sec. 647. Commencement of receipt of non- ployment. commercial contracts. regular service retired pay by Sec. 715. Report and study on multiple vac- Sec. 822. Extension of authority for use of members of the Ready Reserve cinations of members of the simplified acquisition proce- on active Federal status or ac- Armed Forces. dures for certain commercial tive duty for significant peri- Sec. 716. Review of gender- and ethnic items. ods. group-specific mental health Sec. 823. Five-year extension of authority to Sec. 648. Computation of years of service for services and treatment for carry out certain prototype purposes of retired pay for non- members of the Armed Forces. projects. regular service. Sec. 717. Licensed mental health counselors Sec. 824. Exemption of Special Operations Subtitle E—Commissary and Non- and the TRICARE program. Command from certain require- appropriated Fund Instrumentality Bene- Sec. 718. Report on funding of the Depart- ments for certain contracts re- fits ment of Defense for health care. lating to vessels, aircraft, and Sec. 651. Authority to continue commissary combat vehicles. Subtitle C—Other Matters and exchange benefits for cer- Sec. 825. Provision of authority to maintain tain involuntarily separated Sec. 721. Prohibition on conversion of mili- equipment to unified combat- members of the Armed Forces. tary medical and dental posi- ant command for joint Sec. 652. Authorization of installment de- tions to civilian medical and warfighting. ductions from pay of employees dental positions. Sec. 826. Market research. of nonappropriated fund instru- Sec. 722. Establishment of Joint Pathology Sec. 827. Modification of competition re- mentalities to collect indebted- Center. quirements for purchases from ness to the United States. TITLE VIII—ACQUISITION POLICY, AC- Federal Prison Industries. Sec. 828. Multiyear contract authority for Subtitle F—Consolidation of Special Pay, QUISITION MANAGEMENT, AND RE- electricity from renewable en- Incentive Pay, and Bonus Authorities LATED MATTERS ergy sources. Sec. 661. Consolidation of special pay, incen- Sec. 800. Short title. Sec. 829. Procurement of fire resistant rayon tive pay, and bonus authorities Subtitle A—Acquisition Policy and fiber for the production of uni- of the uniformed services. forms from foreign sources. Sec. 662. Transitional provisions. Management Sec. 801. Internal controls for procurements Sec. 830. Comptroller General review of non- Subtitle G—Other Matters competitive awards of congres- Sec. 671. Referral bonus authorities. on behalf of the Department of Defense by certain non-Defense sional and executive branch in- Sec. 672. Expansion of education loan repay- terest items. ment program for members of agencies. Subtitle D—Accountability in Contracting the Selected Reserve. Sec. 802. Lead systems integrators. Sec. 673. Ensuring entry into United States Sec. 803. Reinvestment in domestic sources Sec. 841. Commission on Wartime Con- after time abroad for perma- of strategic materials. tracting in Iraq and Afghani- nent resident alien military Sec. 804. Clarification of the protection of stan. spouses and children. strategic materials critical to Sec. 842. Investigation of waste, fraud, and Sec. 674. Overseas naturalization for mili- national security. abuse in wartime contracts and tary spouses and children. Sec. 805. Procurement of commercial serv- contracting processes in Iraq Sec. 675. Modification of amount of back pay ices. and Afghanistan. for members of Navy and Ma- Sec. 806. Specification of amounts requested Sec. 843. Enhanced competition require- rine Corps selected for pro- for procurement of contract ments for task and delivery motion while interned as pris- services. order contracts. oners of war during World War Sec. 807. Inventories and reviews of con- Sec. 844. Public disclosure of justification II to take into account changes tracts for services. and approval documents for in Consumer Price Index. Sec. 808. Independent management reviews noncompetitive contracts. Sec. 845. Disclosure of Government con- TITLE VII—HEALTH CARE PROVISIONS of contracts for services. tractor audit findings. Subtitle A—Improvements to Military Sec. 809. Implementation and enforcement Sec. 846. Protection for contractor employ- Health Benefits of requirements applicable to ees from reprisal for disclosure Sec. 701. One-year extension of prohibition undefinitized contractual ac- of certain information. on increases in certain health tions. Sec. 847. Requirements for senior Depart- care costs for members of the Sec. 810. Clarification of limited acquisition ment of Defense officials seek- uniformed services. authority for Special Oper- ing employment with defense Sec. 702. Temporary prohibition on increase ations Command. contractors. in copayments under retail Subtitle B—Provisions Relating to Major Sec. 848. Report on contractor ethics pro- pharmacy system of pharmacy Defense Acquisition Programs grams of Major Defense con- benefits program. Sec. 811. Requirements applicable to tractors. Sec. 703. Inclusion of TRICARE retail phar- multiyear contracts for the Sec. 849. Contingency contracting training macy program in Federal pro- procurement of major systems for personnel outside the acqui- curement of pharmaceuticals. sition workforce and evalua- Sec. 704. Stipend for members of reserve of the Department of Defense. Sec. 812. Changes to Milestone B certifi- tions of Army Commission rec- components for health care for ommendations. certain dependents. cations. Sec. 705. Authority for expansion of persons Sec. 813. Comptroller General report on De- Subtitle E—Acquisition Workforce eligible for continued health partment of Defense organiza- Provisions benefits coverage. tion and structure for major de- Sec. 851. Requirement for section on defense Sec. 706. Continuation of eligibility for fense acquisition programs. acquisition workforce in stra- TRICARE Standard coverage Sec. 814. Clarification of submission of cost tegic human capital plan. for certain members of the Se- or pricing data on noncommer- Sec. 852. Department of Defense Acquisition lected Reserve. cial modifications of commer- Workforce Development Fund. Sec. 707. Extension of pilot program for cial items. Sec. 853. Extension of authority to fill short- health care delivery. Sec. 815. Clarification of rules regarding the age category positions for cer- Sec. 708. Inclusion of mental health care in procurement of commercial tain Federal acquisition posi- definition of health care and re- items. tions. port on mental health care Sec. 816. Review of systemic deficiencies on Sec. 854. Repeal of sunset of acquisition services. major defense acquisition pro- workforce training fund. Subtitle B—Studies and Reports grams. Sec. 855. Federal acquisition workforce im- provements. Sec. 711. Surveys on continued viability of Sec. 817. Investment strategy for major de- TRICARE Standard and fense acquisition programs. Subtitle F—Contracts in Iraq and TRICARE Extra. Sec. 818. Report on implementation of rec- Afghanistan Sec. 712. Report on training in preservation ommendations on total owner- Sec. 861. Memorandum of understanding on of remains under combat or ship cost for major weapon sys- matters relating to con- combat-related conditions. tems. tracting.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H80 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Sec. 862. Contractors performing private se- Subtitle B—Space Activities Subtitle B—Policy Relating to Vessels and curity functions in areas of Sec. 911. Space protection strategy. Shipyards combat operations. Sec. 912. Biennial report on management of Sec. 1011. Limitation on leasing of vessels. Sec. 863. Comptroller General reviews and space cadre within the Depart- Sec. 1012. Policy relating to major combat- reports on contracting in Iraq ment of Defense. ant vessels of the strike forces and Afghanistan. Sec. 913. Additional report on oversight of of the United States Navy. Sec. 864. Definitions and other general pro- acquisition for defense space Subtitle C—Counter-Drug Activities visions. programs. Sec. 1021. Extension of authority for joint Subtitle G—Defense Materiel Readiness Subtitle C—Chemical Demilitarization task forces to provide support Board Program to law enforcement agencies Sec. 871. Establishment of Defense Materiel Sec. 921. Chemical demilitarization citizens conducting counter-terrorism Readiness Board. advisory commissions. activities. Sec. 872. Critical materiel readiness short- Sec. 922. Sense of Congress on completion of Sec. 1022. Expansion of authority to provide falls. destruction of United States additional support for counter- Subtitle H—Other Matters chemical weapons stockpile. drug activities in certain for- Sec. 923. Repeal of certain qualifications re- Sec. 881. Clearinghouse for rapid identifica- eign countries. quirement for director of chem- tion and dissemination of com- Sec. 1023. Report on counternarcotics assist- ical demilitarization manage- mercial information tech- ance for the Government of ment organization. nologies. Haiti. Sec. 882. Authority to license certain mili- Sec. 924. Modification of termination of as- Subtitle D—Miscellaneous Authorities and tary designations and sistance to State and local gov- Limitations likenesses of weapons systems ernments after completion of to toy and hobby manufactur- the destruction of the United Sec. 1031. Provision of Air Force support and ers. States chemical weapons stock- services to foreign military and Sec. 883. Modifications to limitation on con- pile. state aircraft. tracts to acquire military flight Subtitle D—Intelligence-Related Matters Sec. 1032. Department of Defense participa- simulator. Sec. 931. Technical amendments to title 10, tion in Strategic Airlift Capa- Sec. 884. Requirements relating to waivers United States Code, arising bility Partnership. of certain domestic source limi- from enactment of the Intel- Sec. 1033. Improved authority to provide re- tations relating to specialty ligence Reform and Terrorism wards for assistance in com- metals. Prevention Act of 2004. bating terrorism. Sec. 1034. Support for non-Federal develop- Sec. 885. Telephone services for military Subtitle E—Roles and Missions Analysis personnel serving in combat ment and testing of material zones. Sec. 941. Requirement for quadrennial roles for chemical agent defense. Sec. 886. Enhanced authority to acquire and missions review. Sec. 1035. Prohibition on sale of F–14 fighter products and services produced Sec. 942. Joint Requirements Oversight aircraft and related parts. Council additional duties relat- in Iraq and Afghanistan. Subtitle E—Reports Sec. 887. Defense Science Board review of ing to core mission areas. Sec. 1041. Extension and modification of re- Department of Defense policies Sec. 943. Requirement for certification of port relating to hardened and and procedures for the acquisi- major systems prior to tech- deeply buried targets. tion of information technology. nology development. Sec. 1042. Report on joint modeling and sim- Sec. 888. Green procurement policy. Sec. 944. Presentation of future-years mis- ulation activities. Sec. 889. Comptroller General review of use sion budget by core mission Sec. 1043. Renewal of submittal of plans for of authority under the Defense area. prompt global strike capability. Production Act of 1950. Subtitle F—Other Matters Sec. 1044. Report on workforce required to Sec. 890. Prevention of export control viola- Sec. 951. Department of Defense consider- support the nuclear missions of tions. ation of effect of climate the Navy and the Department Sec. 891. Procurement goal for Native Ha- change on Department facili- of Energy. waiian-serving institutions and ties, capabilities, and missions. Sec. 1045. Comptroller General report on De- Alaska Native-serving institu- Sec. 952. Interagency policy coordination. tions. Sec. 953. Expansion of employment cred- fense Finance and Accounting Sec. 892. Competition for procurement of itable under service agreements Service response to small arms supplied to Iraq and under National Security Edu- Butterbaugh v. Department of Afghanistan. cation Program. Justice. Sec. 1046. Study on size and mix of airlift TITLE IX—DEPARTMENT OF DEFENSE Sec. 954. Board of Regents for the Uniformed force. ORGANIZATION AND MANAGEMENT Services University of the Health Sciences. Sec. 1047. Report on feasibility of estab- Subtitle A—Department of Defense lishing a domestic military Management Sec. 955. Establishment of Department of Defense School of Nursing. aviation national training cen- Sec. 901. Repeal of limitation on major De- Sec. 956. Inclusion of commanders of West- ter. partment of Defense head- ern Hemisphere combatant Sec. 1048. Limited field user evaluations for quarters activities personnel commands in Board of Visitors combat helmet pad suspension and related report. of Western Hemisphere Insti- systems. Sec. 902. Flexibility to adjust the number of tute for Security Cooperation. Sec. 1049. Study on national security inter- deputy chiefs and assistant Sec. 957. Comptroller General assessment of agency system. chiefs. reorganization of the Office of Sec. 1050. Report on solid rocket motor in- Sec. 903. Change in eligibility requirements the Under Secretary of Defense dustrial base. for appointment to Department for Policy. Sec. 1051. Reports on establishment of a me- of Defense leadership positions. Sec. 958. Report on foreign language pro- morial for members of the Sec. 904. Management of the Department of ficiency. Armed Forces who died in the Defense. TITLE X—GENERAL PROVISIONS air crash in Bakers Creek, Aus- Sec. 905. Revision in guidance relating to tralia, and establishment of Subtitle A—Financial Matters combatant command acquisi- other memorials in Arlington tion authority. Sec. 1001. General transfer authority. National Cemetery. Sec. 906. Department of Defense Board of Sec. 1002. United States contribution to Subtitle F—Other Matters Actuaries. NATO common-funded budgets Sec. 907. Modification of background re- in fiscal year 2008. Sec. 1061. Reimbursement for National quirement of individuals ap- Sec. 1003. Authorization of additional emer- Guard support provided to Fed- pointed as Under Secretary of gency supplemental appropria- eral agencies. Defense for Acquisition, Tech- tions for fiscal year 2007. Sec. 1062. Congressional Commission on the nology, and Logistics. Sec. 1004. Modification of fiscal year 2007 Strategic Posture of the United Sec. 908. Assistant Secretaries of the mili- general transfer authority. States. tary departments for acquisi- Sec. 1005. Financial management trans- Sec. 1063. Technical and clerical amend- tion matters; principal military formation initiative for the De- ments. deputies. fense Agencies. Sec. 1064. Repeal of certification require- Sec. 909. Sense of Congress on term of Office Sec. 1006. Repeal of requirement for two- ment. of the Director of Operational year budget cycle for the De- Sec. 1065. Maintenance of capability for Test and Evaluation. partment of Defense. space-based nuclear detection.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H81 Sec. 1066. Sense of Congress regarding de- Sec. 1109. Pilot program for the temporary Sec. 1225. Report on support from Iran for tainees at Naval Station, Guan- assignment of information attacks against coalition forces tanamo Bay, Cuba. technology personnel to private in Iraq. Sec. 1067. A report on transferring individ- sector organizations. Sec. 1226. Sense of Congress on the con- uals detained at Naval Station, Sec. 1110. Compensation for Federal wage sequences of a failed state in Guantanamo Bay, Cuba. system employees for certain Iraq. Sec. 1068. Repeal of provisions in section travel hours. Sec. 1227. Sense of Congress on federalism in 1076 of Public Law 109–364 relat- Sec. 1111. Travel compensation for wage Iraq. ing to use of Armed Forces in grade personnel. Sec. 1228. Tracking and monitoring of de- major public emergencies. Sec. 1112. Accumulation of annual leave by fense articles provided to the Sec. 1069. Standards required for entry to senior level employees. Government of Iraq and other military installations in United Sec. 1113. Uniform allowances for civilian individuals and groups in Iraq. States. employees. Sec. 1229. Special Inspector General for Af- Sec. 1114. Flexibility in setting pay for em- Sec. 1070. Revised nuclear posture review. ghanistan Reconstruction. ployees who move from a De- Sec. 1071. Termination of Commission on the Sec. 1230. Report on progress toward secu- partment of Defense or Coast Implementation of the New rity and stability in Afghani- Guard nonappropriated fund in- Strategic Posture of the United stan. strumentality position to a po- States. Sec. 1231. United States plan for sustaining sition in the General Schedule the Afghanistan National Secu- Sec. 1072. Security clearances; limitations. pay system. Sec. 1073. Improvements in the process for rity Forces. Sec. 1115. Retirement service credit for serv- Sec. 1232. Report on enhancing security and the issuance of security clear- ice as cadet or midshipman at a ances. stability in the region along military service academy. the border of Afghanistan and Sec. 1074. Protection of certain individuals. Sec. 1116. Authorization for increased com- Sec. 1075. Modification of authorities on Pakistan. pensation for faculty and staff Sec. 1233. Reimbursement of certain coali- Commission to Assess the of the Uniformed Services Uni- Threat to the United States tion nations for support pro- versity of the Health Sciences. vided to United States military from Electromagnetic Pulse At- Sec. 1117. Report on establishment of a operations. tack. scholarship program for civil- Sec. 1234. Logistical support for coalition Sec. 1076. Sense of Congress on Small Busi- ian mental health profes- forces supporting operations in ness Innovation Research Pro- sionals. Iraq and Afghanistan. gram. TITLE XII—MATTERS RELATING TO Subtitle C—Iraq Refugee Crisis Sec. 1077. Revision of proficiency flying defi- FOREIGN NATIONS nition. Subtitle A—Assistance and Training Sec. 1241. Short title. Sec. 1078. Qualifications for public aircraft Sec. 1242. Processing mechanisms. Sec. 1201. Military-to-military contacts and status of aircraft under con- Sec. 1243. United States refugee program comparable activities. tract with the Armed Forces. processing priorities. Sec. 1202. Authority for support of military Sec. 1244. Special immigrant status for cer- Sec. 1079. Communications with the Com- operations to combat ter- tain Iraqis. mittees on Armed Services of rorism. Sec. 1245. Senior Coordinator for Iraqi Refu- the Senate and the House of Sec. 1203. Medical care and temporary duty gees and Internally Displaced Representatives. travel expenses for liaison offi- Persons. Sec. 1080. Retention of reimbursement for cers of certain foreign nations. provision of reciprocal fire pro- Sec. 1204. Extension and expansion of De- Sec. 1246. Countries with significant popu- tection services. partment of Defense authority lations of Iraqi refugees. Sec. 1081. Pilot program on commercial fee- to participate in multinational Sec. 1247. Motion to reopen denial or termi- for-service air refueling support military centers of excellence. nation of asylum. for the Air Force. Sec. 1205. Reauthorization of Commanders’ Sec. 1248. Reports. Sec. 1082. Advisory panel on Department of Emergency Response Program. Sec. 1249. Authorization of appropriations. Defense capabilities for support Sec. 1206. Authority to build the capacity of Subtitle D—Other Authorities and of civil authorities after certain the Pakistan Frontier Corps. Limitations incidents. Sec. 1207. Authority to equip and train for- Sec. 1251. Cooperative opportunities docu- Sec. 1083. Terrorism exception to immunity. eign personnel to assist in ac- ments under cooperative re- TITLE XI—CIVILIAN PERSONNEL counting for missing United search and development agree- MATTERS States Government personnel. ments with NATO organiza- Sec. 1208. Authority to provide automatic Sec. 1101. Extension of authority to waive tions and other allied and identification system data on friendly foreign countries. annual limitation on total com- maritime shipping to foreign pensation paid to Federal civil- Sec. 1252. Extension and expansion of tem- countries and international or- porary authority to use acquisi- ian employees working overseas ganizations. under areas of United States tion and cross-servicing agree- Sec. 1209. Report on foreign-assistance re- ments to lend military equip- Central Command. lated programs carried out by Sec. 1102. Continuation of life insurance cov- ment for personnel protection the Department of Defense. and survivability. erage for Federal employees Sec. 1210. Extension and enhancement of au- Sec. 1253. Acceptance of funds from the Gov- called to active duty. thority for security and sta- ernment of Palau for costs of Sec. 1103. Transportation of dependents, bilization assistance. household effects, and personal Sec. 1211. Government Accountability Office United States military Civic property to former home fol- report on Global Peace Oper- Action Team in Palau. lowing death of Federal em- ations Initiative. Sec. 1254. Repeal of requirement relating to ployee where death resulted Sec. 1212. Repeal of limitations on military North Korea. from disease or injury incurred assistance under the American Sec. 1255. Justice for Osama bin Laden and in the Central Command area of Servicemembers’ Protection other leaders of al Qaeda. responsibility. Act of 2002. Sec. 1256. Extension of Counterproliferation Program Review Committee. Sec. 1104. Special benefits for civilian em- Subtitle B—Matters Relating to Iraq and Sec. 1257. Sense of Congress on the Western ployees assigned on deployment Afghanistan Hemisphere Institute for Secu- temporary change of station. Sec. 1221. Modification of authorities relat- Sec. 1105. Death gratuity authorized for Fed- rity Cooperation. ing to the Office of the Special Sec. 1258. Sense of Congress on Iran. eral employees. Inspector General for Iraq Re- Subtitle E—Reports Sec. 1106. Modifications to the National Se- construction. curity Personnel System. Sec. 1222. Limitation on availability of Sec. 1261. One-year extension of update on Sec. 1107. Requirement for full implementa- funds for certain purposes re- report on claims relating to the tion of personnel demonstra- lating to Iraq. bombing of the Labelle Dis- tion project. Sec. 1223. Report on United States policy cotheque. Sec. 1108. Authority for inclusion of certain and military operations in Iraq. Sec. 1262. Report on United States policy to- Office of Defense Research and Sec. 1224. Report on a comprehensive set of ward Darfur, Sudan. Engineering positions in experi- performance indicators and Sec. 1263. Inclusion of information on asym- mental personnel program for measures for progress toward metric capabilities in annual scientific and technical per- military and political stability report on military power of the sonnel. in Iraq. People’s Republic of China.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H82 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Sec. 1264. Report on application of the Uni- Sec. 1510. Other Department of Defense pro- Sec. 1634. Reports. form Code of Military Justice grams. Sec. 1635. Fully interoperable electronic per- to civilians accompanying the Sec. 1511. Iraq Freedom Fund. sonal health information for Armed Forces during a time of Sec. 1512. Iraq Security Forces Fund. the Department of Defense and declared war or contingency op- Sec. 1513. Afghanistan Security Forces Department of Veterans Af- eration. Fund. fairs. Sec. 1265. Report on family reunions be- Sec. 1514. Military personnel. Sec. 1636. Enhanced personnel authorities Sec. 1515. Strategic Readiness Fund. for the Department of Defense tween United States citizens Sec. 1516. Treatment as additional author- and their relatives in North for health care professionals for izations. care and treatment of wounded Korea. Sec. 1517. Special transfer authority. Sec. 1266. Reports on prevention of mass and injured members of the TITLE XVI—WOUNDED WARRIOR atrocities. Armed Forces. MATTERS Sec. 1267. Report on threats to the United Sec. 1637. Continuation of transitional States from ungoverned areas. Sec. 1601. Short title. health benefits for members of Sec. 1602. General definitions. the Armed Forces pending reso- TITLE XIII—COOPERATIVE THREAT RE- Sec. 1603. Consideration of gender-specific lution of service-related med- DUCTION WITH STATES OF THE needs of recovering service ical conditions. FORMER SOVIET UNION members and veterans. Subtitle D—Disability Matters Sec. 1301. Specification of Cooperative Subtitle A—Policy on Improvements to Care, Sec. 1641. Utilization of veterans’ presump- Threat Reduction programs and Management, and Transition of Recovering tion of sound condition in es- funds. Service Members Sec. 1302. Funding allocations. tablishing eligibility of mem- Sec. 1611. Comprehensive policy on improve- bers of the Armed Forces for re- Sec. 1303. Specification of Cooperative ments to care, management, Threat Reduction programs in tirement for disability. and transition of recovering Sec. 1642. Requirements and limitations on states outside the former So- service members. Department of Defense deter- viet Union. Sec. 1612. Medical evaluations and physical minations of disability with re- Sec. 1304. Repeal of restrictions on assist- disability evaluations of recov- spect to members of the Armed ance to states of the former So- ering service members. Forces. viet Union for Cooperative Sec. 1613. Return of recovering service mem- Sec. 1643. Review of separation of members Threat Reduction. bers to active duty in the of the Armed Forces separated Sec. 1305. Modification of authority to use Armed Forces. from service with a disability Cooperative Threat Reduction Sec. 1614. Transition of recovering service rating of 20 percent disabled or funds outside the former Soviet members from care and treat- less. Union. ment through the Department Sec. 1644. Authorization of pilot programs to Sec. 1306. New initiatives for the Coopera- of Defense to care, treatment, improve the disability evalua- tive Threat Reduction Pro- and rehabilitation through the tion system for members of the gram. Department of Veterans Af- Armed Forces. Sec. 1307. Report relating to chemical weap- fairs. Sec. 1645. Reports on Army action plan in ons destruction at Shchuch’ye, Sec. 1615. Reports. response to deficiencies in the Russia. Sec. 1616. Establishment of a wounded war- Army physical disability eval- Sec. 1308. National Academy of Sciences rior resource center. uation system. study of prevention of prolifera- Sec. 1617. Notification to Congress of hos- Sec. 1646. Enhancement of disability sever- tion of biological weapons. pitalization of combat wounded ance pay for members of the TITLE XIV—OTHER AUTHORIZATIONS service members. Armed Forces. Sec. 1618. Comprehensive plan on preven- Subtitle A—Military Programs Sec. 1647. Assessments of continuing utility tion, diagnosis, mitigation, and future role of temporary Sec. 1401. Working capital funds. treatment, and rehabilitation disability retired list. Sec. 1402. National Defense Sealift Fund. of, and research on, traumatic Sec. 1648. Standards for military medical Sec. 1403. Defense Health Program. brain injury, post-traumatic treatment facilities, specialty Sec. 1404. Chemical agents and munitions stress disorder, and other men- medical care facilities, and destruction, Defense. tal health conditions in mem- military quarters housing pa- Sec. 1405. Drug Interdiction and Counter- bers of the Armed Forces. tients and annual report on Drug Activities, Defense-wide. Subtitle B—Centers of Excellence in the Pre- such facilities. Sec. 1406. Defense Inspector General. vention, Diagnosis, Mitigation, Treatment, Sec. 1649. Reports on Army Medical Action Subtitle B—National Defense Stockpile and Rehabilitation of Traumatic Brain In- Plan in response to deficiencies Sec. 1411. Authorized uses of National De- jury, Post-Traumatic Stress Disorder, and identified at Walter Reed Army fense Stockpile funds. Eye Injuries Medical Center, District of Co- Sec. 1412. Revisions to required receipt ob- Sec. 1621. Center of excellence in the preven- lumbia. jectives for previously author- tion, diagnosis, mitigation, Sec. 1650. Required certifications in connec- ized disposals from the Na- treatment, and rehabilitation tion with closure of Walter tional Defense Stockpile. of traumatic brain injury. Reed Army Medical Center, Sec. 1413. Disposal of ferromanganese. Sec. 1622. Center of excellence in prevention, District of Columbia. Sec. 1414. Disposal of chrome metal. diagnosis, mitigation, treat- Sec. 1651. Handbook for members of the Armed Forces on compensation Subtitle C—Armed Forces Retirement Home ment, and rehabilitation of post-traumatic stress disorder and benefits available for seri- Sec. 1421. Authorization of appropriations and other mental health condi- ous injuries and illnesses. for Armed Forces Retirement tions. Subtitle E—Studies and Reports Home. Sec. 1623. Center of excellence in prevention, Sec. 1661. Study on physical and mental Sec. 1422. Administration and oversight of diagnosis, mitigation, treat- health and other readjustment the Armed Forces Retirement ment, and rehabilitation of needs of members and former Home. military eye injuries. members of the Armed Forces TITLE XV—AUTHORIZATION OF ADDI- Sec. 1624. Report on establishment of cen- who deployed in Operation Iraqi TIONAL APPROPRIATIONS FOR OPER- ters of excellence. Freedom and Operation Endur- ATION IRAQI FREEDOM AND OPER- Subtitle C—Health Care Matters ing Freedom and their families. ATION ENDURING FREEDOM Sec. 1631. Medical care and other benefits Sec. 1662. Access of recovering service mem- Sec. 1501. Purpose. for members and former mem- bers to adequate outpatient res- Sec. 1502. Army procurement. bers of the Armed Forces with idential facilities. Sec. 1503. Navy and Marine Corps procure- severe injuries or illnesses. Sec. 1663. Study and report on support serv- ment. Sec. 1632. Reimbursement of travel expenses ices for families of recovering Sec. 1504. Air Force procurement. of retired members with com- service members. Sec. 1505. Joint Improvised Explosive Device bat-related disabilities for fol- Sec. 1664. Report on traumatic brain injury Defeat Fund. low-on specialty care, services, classifications. Sec. 1506. Defense-wide activities procure- and supplies. Sec. 1665. Evaluation of the Polytrauma Li- ment. Sec. 1633. Respite care and other extended aison Officer/Non-Commis- Sec. 1507. Research, development, test, and care benefits for members of sioned Officer program. evaluation. the uniformed services who Subtitle F—Other Matters Sec. 1508. Operation and maintenance. incur a serious injury or illness Sec. 1671. Prohibition on transfer of re- Sec. 1509. Working capital funds. on active duty. sources from medical care.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H83 Sec. 1672. Medical care for families of mem- Sec. 1824. High-level positions authorized or Sec. 2405. Munitions demilitarization facili- bers of the Armed Forces recov- required to be held by reserve ties, Blue Grass Army Depot, ering from serious injuries or component general or flag offi- Kentucky, and Pueblo Chemical illnesses. cers. Activity, Colorado. Sec. 1673. Improvement of medical tracking Sec. 1825. Retirement age and years of serv- Sec. 2406. Extension of authorizations of cer- system for members of the ice limitations on certain re- tain fiscal year 2005 projects. Armed Forces deployed over- serve general and flag officers. TITLE XXV—NORTH ATLANTIC TREATY seas. Sec. 1826. Additional reporting requirements ORGANIZATION SECURITY INVEST- Sec. 1674. Guaranteed funding for Walter relating to National Guard MENT PROGRAM Reed Army Medical Center, equipment. Sec. 2501. Authorized NATO construction District of Columbia. DIVISION B—MILITARY CONSTRUCTION and land acquisition projects. Sec. 1675. Use of leave transfer program by AUTHORIZATIONS wounded veterans who are Fed- Sec. 2502. Authorization of appropriations, Sec. 2001. Short title. NATO. eral employees. Sec. 2002. Expiration of authorizations and Sec. 1676. Moratorium on conversion to con- amounts required to be speci- TITLE XXVI—GUARD AND RESERVE tractor performance of Depart- fied by law. FORCES FACILITIES ment of Defense functions at TITLE XXI—ARMY Sec. 2601. Authorized Army National Guard military medical facilities. construction and land acquisi- Sec. 2101. Authorized Army construction tion projects. TITLE XVII—VETERANS MATTERS and land acquisition projects. Sec. 1701. Sense of Congress on Department Sec. 2102. Family housing. Sec. 2602. Authorized Army Reserve con- of Veterans Affairs efforts in Sec. 2103. Improvements to military family struction and land acquisition the rehabilitation and re- housing units. projects. integration of veterans with Sec. 2104. Authorization of appropriations, Sec. 2603. Authorized Navy Reserve and Ma- traumatic brain injury. Army. rine Corps Reserve construction Sec. 1702. Individual rehabilitation and com- Sec. 2105. Termination of authority to carry and land acquisition projects. munity reintegration plans for out fiscal year 2007 Army Sec. 2604. Authorized Air National Guard veterans and others with trau- projects for which funds were construction and land acquisi- matic brain injury. not appropriated. tion projects. Sec. 1703. Use of non-Department of Vet- Sec. 2106. Technical amendments to Mili- Sec. 2605. Authorized Air Force Reserve con- erans Affairs facilities for im- tary Construction Authoriza- struction and land acquisition plementation of rehabilitation tion Act for Fiscal Year 2007. projects. and community reintegration Sec. 2107. Modification of authority to carry Sec. 2606. Authorization of appropriations, plans for traumatic brain in- out certain fiscal year 2006 National Guard and Reserve. jury. project. Sec. 2607. Termination of authority to carry Sec. 2108. Extension of authorization of cer- Sec. 1704. Research, education, and clinical out fiscal year 2007 Guard and tain fiscal year 2005 project. care program on traumatic Reserve projects for which Sec. 2109. Ground lease, SOUTHCOM head- brain injury. funds were not appropriated. quarters facility, Miami-Doral, Sec. 1705. Pilot program on assisted living Sec. 2608. Modification of authority to carry Florida. services for veterans with trau- out fiscal year 2006 Air Force matic brain injury. TITLE XXII—NAVY Reserve construction and ac- Sec. 1706. Provision of age-appropriate nurs- Sec. 2201. Authorized Navy construction and quisition projects. ing home care. land acquisition projects. Sec. 2609. Extension of authorizations of cer- Sec. 1707. Extension of period of eligibility Sec. 2202. Family housing. tain fiscal year 2005 projects. for health care for veterans of Sec. 2203. Improvements to military family Sec. 2610. Extension of authorizations of cer- combat service during certain housing units. tain fiscal year 2004 projects. periods of hostilities and war. Sec. 2204. Authorization of appropriations, TITLE XXVII—BASE CLOSURE AND Sec. 1708. Service-connection and assess- Navy. REALIGNMENT ACTIVITIES Sec. 2205. Termination of authority to carry ments for mental health condi- out fiscal year 2007 Navy Sec. 2701. Authorization of appropriations tions in veterans. projects for which funds were for base closure and realign- Sec. 1709. Modification of requirements for not appropriated. ment activities funded through furnishing outpatient dental Sec. 2206. Modification of authority to carry Department of Defense Base services to veterans with serv- out certain fiscal year 2005 Closure Account 1990. ice-connected dental conditions project. Sec. 2702. Authorized base closure and re- or disabilities. Sec. 2207. Repeal of authorization for con- alignment activities funded Sec. 1710. Clarification of purpose of out- struction of Navy Outlying through Department of Defense reach services program of De- Landing Field, Washington Base Closure Account 2005. partment of Veterans Affairs. County, North Carolina. Sec. 2703. Authorization of appropriations Sec. 1711. Designation of fiduciary or trustee TITLE XXIII—AIR FORCE for base closure and realign- for purposes of Traumatic ment activities funded through Sec. 2301. Authorized Air Force construction Servicemembers’ Group Life In- Department of Defense Base and land acquisition projects. surance. Closure Account 2005. Sec. 2302. Family housing. TITLE XVIII—NATIONAL GUARD BUREAU Sec. 2303. Improvements to military family Sec. 2704. Authorized cost and scope of work MATTERS AND RELATED MATTERS housing units. variations for military con- Sec. 1801. Short title. Sec. 2304. Authorization of appropriations, struction and military family housing projects related to base Subtitle A—National Guard Bureau Air Force. Sec. 2305. Termination of authority to carry closures and realignments. Sec. 1811. Appointment, grade, duties, and out fiscal year 2007 Air Force Sec. 2705. Transfer of funds from Depart- retirement of the Chief of the projects for which funds were ment of Defense Base Closure National Guard Bureau. not appropriated. Account 2005 to Department of Sec. 1812. Establishment of National Guard Sec. 2306. Modification of authority to carry Defense Housing Funds. Bureau as joint activity of the out certain fiscal year 2006 Sec. 2706. Comprehensive accounting of Department of Defense. projects. funding required to ensure Sec. 1813. Enhancement of functions of the Sec. 2307. Extension of authorizations of cer- timely implementation of 2005 National Guard Bureau. tain fiscal year 2005 projects. Defense Base Closure and Re- Sec. 1814. Requirement for Secretary of De- Sec. 2308. Extension of authorizations of cer- alignment Commission rec- fense to prepare plan for re- tain fiscal year 2004 projects. ommendations. sponse to natural disasters and TITLE XXIV—DEFENSE AGENCIES Sec. 2707. Relocation of units from Roberts terrorist events. United States Army Reserve Sec. 1815. Determination of Department of Sec. 2401. Authorized Defense Agencies con- struction and land acquisition Center and Navy-Marine Corps Defense civil support require- Reserve Center, Baton Rouge, ments. projects. Sec. 2402. Energy conservation projects. Louisiana. Subtitle B—Additional Reserve Component Sec. 2403. Authorization of appropriations, Sec. 2708. Acquisition of real property, Fort Enhancement Defense Agencies. Belvoir, Virginia, as part of the Sec. 1821. United States Northern Command. Sec. 2404. Termination or modification of realignment of the installation. Sec. 1822. Council of Governors. authority to carry out certain Sec. 2709. Report on availability of traffic Sec. 1823. Plan for Reserve Forces Policy fiscal year 2007 Defense Agen- infrastructure and facilities to Board. cies projects. support base realignment.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H84 CONGRESSIONAL RECORD — HOUSE January 16, 2008 TITLE XXVIIII—MILITARY Sec. 2844. Modification of lease of property, Sec. 2884. Naming of research laboratory at CONSTRUCTION GENERAL PROVISIONS National Flight Academy at Air Force Rome Research Site, Subtitle A—Military Construction Program the National Museum of Naval Rome, New York, in honor of and Military Family Housing Changes Aviation, Naval Air Station, the Honorable Sherwood L. Sec. 2801. Authority to use operation and Pensacola, Florida. Boehlert, a former member of maintenance funds for con- Sec. 2845. Land exchange, Detroit, Michigan. the United States House of Rep- struction projects outside the Sec. 2846. Transfer of jurisdiction, former resentatives. United States. Nike missile site, Grosse Ile, Sec. 2885. Naming of administration build- Sec. 2802. Clarification of requirement for Michigan. ing at Joint Systems Manufac- authorization of military con- Sec. 2847. Modification to land conveyance turing Center, Lima, Ohio, in struction. authority, Fort Bragg, North honor of the Honorable Michael Sec. 2803. Increase in thresholds for unspec- Carolina. G. Oxley, a former member of the United States House of Rep- ified minor military construc- Sec. 2848. Land conveyance, Lewis and Clark resentatives. tion projects. United States Army Reserve Sec. 2804. Temporary authority to support Sec. 2886. Naming of Logistics Automation Center, Bismarck, North Da- Training Facility, Army Quar- revitalization of Department of kota. Defense laboratories through termaster Center and School, Sec. 2849. Land exchange, Fort Hood, Texas. unspecified minor military con- Fort Lee, Virginia, in honor of struction projects. Subtitle D—Energy Security General Richard H. Thompson. Sec. 2887. Authority to relocate Joint Spec- Sec. 2805. Extension of authority to accept Sec. 2861. Repeal of congressional notifica- trum Center to Fort Meade, equalization payments for facil- tion requirement regarding Maryland. ity exchanges. cancellation ceiling for Depart- Sec. 2806. Modifications of authority to lease ment of Defense energy savings TITLE XXIX—WAR-RELATED AND EMER- military family housing. performance contracts. GENCY MILITARY CONSTRUCTION AU- Sec. 2807. Expansion of authority to ex- Sec. 2862. Definition of alternative fueled ve- THORIZATIONS change reserve component fa- hicle. Sec. 2901. Authorized Army construction cilities. Sec. 2863. Use of energy efficient lighting and land acquisition projects. Sec. 2808. Limitation on use of alternative Sec. 2902. Authorized Navy construction and authority for acquisition and fixtures and bulbs in Depart- ment of Defense facilities. land acquisition projects. improvement of military hous- Sec. 2903. Authorized Air Force construction Sec. 2864. Reporting requirements relating ing for privatization of tem- and land acquisition projects. to renewable energy use by De- porary lodging facilities. Sec. 2904. Authorized Defense Agencies con- partment of Defense to meet Sec. 2809. Two-year extension of temporary struction and land acquisition Department electricity needs. program to use minor military projects. construction authority for con- Subtitle E—Other Matters Sec. 2905. Authorized base closure and re- struction of child development Sec. 2871. Revised deadline for transfer of alignment activities funded centers. through Department of Defense Sec. 2810. Report on housing privatization Arlington Naval Annex to Ar- Base Closure Account 2005 and initiatives. lington National Cemetery. Sec. 2872. Transfer of jurisdiction over Air related authorization of appro- Subtitle B—Real Property and Facilities priations. Administration Force Memorial to Department of the Air Force. DIVISION C—DEPARTMENT OF ENERGY Sec. 2821. Requirement to report real prop- Sec. 2873. Report on plans to replace the NATIONAL SECURITY AUTHORIZA- erty transactions resulting in TIONS AND OTHER AUTHORIZATIONS annual costs of more than monument at the Tomb of the TITLE XXXI—DEPARTMENT OF ENERGY $750,000. Unknowns at Arlington Na- Sec. 2822. Continued consolidation of real tional Cemetery, Virginia. NATIONAL SECURITY PROGRAMS property provisions without Sec. 2874. Increased authority for repair, res- Subtitle A—National Security Programs substantive change. toration, and preservation of Authorizations Sec. 2823. Modification of authority to lease Lafayette Escadrille Memorial, Sec. 3101. National Nuclear Security Admin- non-excess property of the mili- Marnes-la-Coquette, France. istration. tary departments. Sec. 2875. Addition of Woonsocket local pro- Sec. 3102. Defense environmental cleanup. Sec. 2824. Cooperative agreement authority tection project. Sec. 3103. Other defense activities. for management of cultural re- Sec. 2876. Repeal of moratorium on improve- Sec. 3104. Defense nuclear waste disposal. sources on certain sites outside ments at Fort Buchanan, Puer- Sec. 3105. Energy security and assurance. military installations. to Rico. Subtitle B—Program Authorizations, Sec. 2825. Agreements to limit encroach- Sec. 2877. Establishment of national mili- Restrictions, and Limitations ments and other constraints on tary working dog teams monu- military training, testing, and Sec. 3111. Reliable Replacement Warhead ment on suitable military in- program. operations. stallation. Sec. 2826. Expansion to all military depart- Sec. 3112. Nuclear test readiness. Sec. 2878. Report required prior to removal ments of Army pilot program Sec. 3113. Modification of reporting require- of missiles from 564th Missile for purchase of certain munic- ment. Squadron. ipal services for military instal- Sec. 3114. Limitation on availability of lations. Sec. 2879. Report on condition of schools funds for Fissile Materials Dis- Sec. 2827. Prohibition on commercial flights under jurisdiction of Depart- position program. into Selfridge Air National ment of Defense Education Ac- Sec. 3115. Modification of limitations on Guard Base. tivity. availability of funds for Waste Sec. 2828. Sense of Congress on Department Sec. 2880. Report on facilities and operations Treatment and Immobilization of Defense actions to protect of Darnall Army Medical Cen- Plant. installations, ranges, and mili- ter, Fort Hood Military Res- Sec. 3116. Modification of sunset date of the tary airspace from encroach- ervation, Texas. Office of the Ombudsman of the ment. Sec. 2881. Report on feasibility of estab- Energy Employees Occupa- Sec. 2829. Reports on Army and Marine lishing a regional disaster re- tional Illness Compensation Corps operational ranges. sponse center at Kelly Air Program. Sec. 2830. Niagara Air Reserve Base, New Field, San Antonio, Texas. Sec. 3117. Technical amendments. York, basing report. Sec. 2882. Naming of housing facility at Fort Subtitle C—Other Matters Sec. 2831. Report on the Pinon Canyon Ma- Carson, Colorado, in honor of Sec. 3121. Study on using existing pits for neuver Site, Colorado. the Honorable Joel Hefley, a the Reliable Replacement War- Subtitle C—Land Conveyances former member of the United head program. Sec. 2841. Modification of conveyance au- States House of Representa- Sec. 3122. Report on retirement and dis- thority, Marine Corps Base, tives. mantlement of nuclear war- Camp Pendleton, California. Sec. 2883. Naming of Navy and Marine Corps heads. Sec. 2842. Grant of easement, Eglin Air Reserve Center at Rock Island, Sec. 3123. Plan for addressing security risks Force Base, Florida. Illinois, in honor of the Honor- posed to nuclear weapons com- Sec. 2843. Land conveyance, Lynn Haven able Lane Evans, a former plex. Fuel Depot, Lynn Haven, Flor- member of the United States Sec. 3124. Department of Energy protective ida. House of Representatives. forces.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H85 Sec. 3125. Evaluation of National Nuclear Sec. 3527. Miscellaneous amendments. SEC. 102. NAVY AND MARINE CORPS. Security Administration stra- Sec. 3528. Application of sunset provision to (a) NAVY.—Funds are hereby authorized to tegic plan for advanced com- codified provision. be appropriated for fiscal year 2008 for pro- puting. Sec. 3529. Additional technical corrections. curement for the Navy as follows: Sec. 3126. Sense of Congress on the nuclear SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. (1) For aircraft, $12,432,644,000. nonproliferation policy of the For purposes of this Act, the term ‘‘con- (2) For weapons, including missiles and United States and the Reliable gressional defense committees’’ has the torpedoes, $3,068,187,000. Replacement Warhead program. meaning given that term in section 101(a)(16) (3) For shipbuilding and conversion, Sec. 3127. Department of Energy report on of title 10, United States Code. $13,596,120,000. plan to strengthen and expand DIVISION A—DEPARTMENT OF DEFENSE (4) For other procurement, $5,209,330,000. International Radiological AUTHORIZATIONS (b) MARINE CORPS.—Funds are hereby au- Threat Reduction program. thorized to be appropriated for fiscal year Sec. 3128. Department of Energy report on TITLE I—PROCUREMENT 2008 for procurement for the Marine Corps in plan to strengthen and expand Subtitle A—Authorization of Appropriations the amount of $2,299,419,000. Materials Protection, Control, Sec. 101. Army. (c) NAVY AND MARINE CORPS AMMUNITION.— and Accounting program. Sec. 102. Navy and Marine Corps. Funds are hereby authorized to be appro- Sec. 3129. Agreements and reports on nu- Sec. 103. Air Force. priated for fiscal year 2008 for procurement clear forensics capabilities. Sec. 104. Defense-wide activities. of ammunition for the Navy and the Marine Sec. 3130. Report on status of environmental Sec. 105. National Guard and Reserve equip- Corps in the amount of $1,058,832,000. management initiatives to ac- ment. SEC. 103. AIR FORCE. celerate the reduction of envi- Subtitle B—Army Programs Funds are hereby authorized to be appro- ronmental risks and challenges Sec. 111. Multiyear procurement authority priated for fiscal year 2008 for procurement posed by the legacy of the Cold for M1A2 Abrams System En- for the Air Force as follows: War. hancement Package upgrades. (1) For aircraft, $12,117,800,000. Subtitle D—Nuclear Terrorism Prevention Sec. 112. Multiyear procurement authority (2) For ammunition, $854,167,000. Sec. 3131. Definitions. for M2A3/M3A3 Bradley fighting (3) For missiles, $4,984,102,000. Sec. 3132. Sense of Congress on the preven- vehicle upgrades. (4) For other procurement, $15,405,832,000. tion of nuclear terrorism. Sec. 113. Multiyear procurement authority SEC. 104. DEFENSE-WIDE ACTIVITIES. Sec. 3133. Minimum security standard for for conversion of CH-47D heli- Funds are hereby authorized to be appro- nuclear weapons and formula copters to CH-47F configura- priated for fiscal year 2008 for Defense-wide quantities of strategic special tion. procurement in the amount of $3,280,435,000. nuclear material. Sec. 114. Multiyear procurement authority SEC. 105. NATIONAL GUARD AND RESERVE Sec. 3134. Annual report. for CH-47F helicopters. EQUIPMENT. TITLE XXXII—WAR-RELATED NATIONAL Sec. 115. Limitation on use of funds for In- Funds are hereby authorized to be appro- NUCLEAR SECURITY ADMINISTRATION crement 1 of the Warfighter In- priated for fiscal year 2008 for the procure- AUTHORIZATIONS formation Network-Tactical ment of aircraft, missiles, wheeled and Sec. 3201. Additional war-related authoriza- program pending certification tracked combat vehicles, tactical wheeled tion of appropriations for Na- to Congress. vehicles, ammunition, other weapons, and tional Nuclear Security Admin- Sec. 116. Prohibition on closure of Army other procurement for the reserve compo- istration. Tactical Missile System pro- nents of the Armed Forces in the amount of duction line pending report. $980,000,000. TITLE XXXIII—DEFENSE NUCLEAR Sec. 117. Stryker Mobile Gun System. FACILITIES SAFETY BOARD Subtitle B—Army Programs Subtitle C—Navy Programs Sec. 3301. Authorization. SEC. 111. MULTIYEAR PROCUREMENT AUTHOR- Sec. 121. Multiyear procurement authority ITY FOR M1A2 ABRAMS SYSTEM EN- TITLE XXXIV—NAVAL PETROLEUM for Virginia-class submarine RESERVES HANCEMENT PACKAGE UPGRADES. program. The Secretary of the Army, in accordance Sec. 3401. Authorization of appropriations. Sec. 122. Report on shipbuilding investment with section 2306b of title 10, United States Sec. 3402. Remedial action at Moab uranium strategy. Code, may enter into a multiyear contract, milling site. Sec. 123. Sense of Congress on the preserva- beginning with the fiscal year 2008 program TITLE XXXV—MARITIME tion of a skilled United States year, for procurement of M1A2 Abrams Sys- ADMINISTRATION shipyard workforce. tem Enhancement Package upgrades. Sec. 124. Assessments required prior to start Subtitle A—Maritime Administration SEC. 112. MULTIYEAR PROCUREMENT AUTHOR- Reauthorization of construction on first ship of ITY FOR M2A3/M3A3 BRADLEY FIGHT- a shipbuilding program. Sec. 3501. Authorization of appropriations ING VEHICLE UPGRADES. Sec. 125. Littoral Combat Ship (LCS) pro- for fiscal year 2008. The Secretary of the Army, in accordance gram. Sec. 3502. Temporary authority to transfer with section 2306b of title 10, United States obsolete combatant vessels to Subtitle D—Air Force Programs Code, may enter into a multiyear contract, Navy for disposal. Sec. 131. Limitation on Joint Cargo Air- beginning with the fiscal year 2008 program Sec. 3503. Vessel disposal program. craft. year, for procurement of M2A3/M3A3 Bradley Subtitle B—Programs Sec. 132. Clarification of limitation on re- fighting vehicle upgrades. Sec. 3511. Commercial vessel chartering au- tirement of U–2 aircraft. SEC. 113. MULTIYEAR PROCUREMENT AUTHOR- ITY FOR CONVERSION OF CH-47D thority. Sec. 133. Repeal of requirement to maintain retired C–130E tactical aircraft. HELICOPTERS TO CH-47F CONFIGU- Sec. 3512. Maritime Administration vessel RATION. chartering authority. Sec. 134. Limitation on retirement of C– 130E/H tactical airlift aircraft. The Secretary of the Army may, in accord- Sec. 3513. Chartering to State and local gov- ance with section 2306b of title 10, United ernmental instrumentalities. Sec. 135. Limitation on retirement of KC– 135E aerial refueling aircraft. States Code, enter into a multiyear contract, Sec. 3514. Disposal of obsolete Government beginning with the fiscal year 2008 program vessels. Sec. 136. Transfer to Government of Iraq of three C–130E tactical airlift air- year, for conversion of CH-47D helicopters to Sec. 3515. Vessel transfer authority. the CH-47F configuration. Sec. 3516. Sea trials for Ready Reserve craft. Force. Sec. 137. Modification of limitations on re- SEC. 114. MULTIYEAR PROCUREMENT AUTHOR- ITY FOR CH-47F HELICOPTERS. Sec. 3517. Review of applications for loans tirement of B–52 bomber air- The Secretary of the Army may, in accord- and guarantees. craft. Subtitle A—Authorization of Appropriations ance with section 2306b of title 10, United Subtitle C—Technical Corrections States Code, enter into a multiyear contract, Sec. 3521. Personal injury to or death of sea- SEC. 101. ARMY. beginning with the fiscal year 2008 program men. Funds are hereby authorized to be appro- year, for procurement of CH-47F helicopters. priated for fiscal year 2008 for procurement Sec. 3522. Amendments to Chapter 537 based SEC. 115. LIMITATION ON USE OF FUNDS FOR IN- on Public Law 109–163. for the Army as follows: CREMENT 1 OF THE WARFIGHTER Sec. 3523. Additional amendments based on (1) For aircraft, $4,168,798,000. INFORMATION NETWORK-TACTICAL Public Law 109–163. (2) For missiles, $1,911,979,000. PROGRAM PENDING CERTIFICATION Sec. 3524. Amendments based on Public Law (3) For weapons and tracked combat vehi- TO CONGRESS. 109–171. cles, $3,007,489,000. (a) FUNDING RESTRICTED.—Of the amounts Sec. 3525. Amendments based on Public Law (4) For ammunition, $2,214,576,000. appropriated pursuant to an authorization of 109–241. (5) For other procurement, $12,451,312,000. appropriations for fiscal year 2008 or other- Sec. 3526. Amendments based on Public Law (6) For the Joint Improvised Explosive De- wise made available for Other Procurement, 109–364. vice Defeat Fund, $228,000,000. Army, that are available for Increment 1 of

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H86 CONGRESSIONAL RECORD — HOUSE January 16, 2008 the Warfighter Information Network-Tac- title 10, United States Code, enter into ment, including identification of any specific tical program, not more than 50 percent may multiyear contracts, beginning with the fis- changes in legislative authority that would be obligated or expended until the Director cal year 2009 program year, for the procure- be required for the Secretary to execute this of Operational Test and Evaluation submits ment of Virginia-class submarines and Gov- strategy. to the congressional defense committees a ernment-furnished equipment associated (c) UTILIZATION OF OTHER STUDIES AND OUT- certification, in writing, that the Director of with the Virginia-class submarine program. SIDE EXPERTS.—The study shall build upon Operational Test and Evaluation has ap- (b) LIMITATION.—The Secretary may not the results of the 2005 and 2006 Global Ship- proved a Test and Evaluation Master Plan enter into a contract authorized by sub- building Industrial Base Benchmarking stud- and Initial Operational Test Plan for Incre- section (a) until— ies. Financial analysis associated with the ment 1 of the Warfighter Information Net- (1) the Secretary submits to the congres- report shall be conducted in consultation work-Tactical program. sional defense committees a certification with financial experts independent of the De- (b) INCREMENT 1 DEFINED.—For the pur- that the Secretary has made, with respect to partment of Defense. poses of this section, Increment 1 of the that contract, each of the findings required SEC. 123. SENSE OF CONGRESS ON THE PRESER- Warfighter Information Network-Tactical by subsection (a) of section 2306b of title 10, VATION OF A SKILLED UNITED STATES SHIPYARD WORKFORCE. program includes all program elements de- United States Code; and (a) SENSE OF CONGRESS.—It is the sense of scribed as constituting ‘‘Increment 1’’ in the (2) a period of 30 days has elapsed after the Congress that the preservation of a robust memorandum titled ‘‘Warfighter Informa- date of the transmission of such certifi- cation. domestic skilled workforce is required for tion Network-Tactical (WIN-T) Program Ac- the national shipbuilding infrastructure and SEC. 122. REPORT ON SHIPBUILDING INVEST- quisition Decision Memorandum’’, dated particularly essential to the construction of June 5, 2007, and signed by the Under Sec- MENT STRATEGY. (a) STUDY REQUIRED.—The Secretary of the ships for the United States Navy. retary of Defense for Acquisition, Tech- (b) STUDY REQUIRED.— nology, and Logistics. Navy shall provide for a study to determine the effectiveness of current financing mecha- (1) IN GENERAL.—The Secretary of the Navy SEC. 116. PROHIBITION ON CLOSURE OF ARMY nisms for providing incentives for contrac- shall determine, on a one-time, non-recur- TACTICAL MISSILE SYSTEM PRO- ring basis, and in consultation with the De- DUCTION LINE PENDING REPORT. tors to make shipbuilding capital expendi- tures, and to assess potential capital expend- partment of Labor, the average number of (a) PROHIBITION.—Amounts appropriated H2B visa workers employed by the major pursuant to the authorization of appropria- iture incentives that would lead to ship con- struction or life-cycle cost savings to the shipbuilders in the construction of United tions in section 101(2) for missiles, Army, and States Navy ships during the calendar year in section 1502(4) for missile procurement, Federal Government. The study shall exam- ine— ending December 31, 2007. The study shall Army, and any other appropriated funds (1) potential improvements in design tools also identify the number of workers peti- available to the Secretary of the Army may and techniques, material management, tech- tioned by the major shipbuilders for use in not be used to close the production line for nology insertion, systems integration and calendar year 2008, as of the first quarter of the Army Tactical Missile System program testing, and other key processes and func- calendar year 2008. until after the date on which the Secretary tions that would lead to reduced construc- (2) REPORT.—Not later than April 1, 2008, of the Army submits to the congressional de- tion costs; the Secretary of the Navy shall submit to fense committees a report that contains— (2) construction process improvements the congressional defense committees a re- (1) the certification of the Secretary that that would reduce procurement and life- port containing the results of the study re- the long range surface-to-surface strike and cycle costs of the vessels under construction quired by subsection (b). counter battery mission of the Army can be at the contractor’s facilities; and (3) DEFINITIONS.—In this paragraph— adequately performed by other Army weap- (3) incentives for investment in shipyard (A) the term ‘‘major shipbuilder’’ means a ons systems or by other elements of the prime contractor or a first-tier subcon- infrastructure that support construction Armed Forces; and tractor responsible for delivery of combatant process improvements. (2) a plan to mitigate any shortfalls in the (b) REPORT.—Not later than October 1, 2008, and support vessels required for the naval industrial base that would be created by the the Secretary of the Navy shall submit to vessel force, as reported within the annual closure of the production line. the congressional defense committees a re- naval vessel construction plan required by (b) SUBMISSION OF REPORT.—The report re- port providing the results of the study under section 231 of title 10, United States Code; ferred to in subsection (a) is required not subsection (a). The report shall include each and later than April 1, 2008. of the following: (B) the term ‘‘H2B visa’’ means a non-im- SEC. 117. STRYKER MOBILE GUN SYSTEM. (1) An assessment of the shipbuilding in- migrant visa program that permits employ- (a) LIMITATION ON AVAILABILITY OF dustrial base, as measured by a 10-year his- ers to hire foreign workers to come tempo- FUNDS.—None of the amounts authorized to tory for major shipbuilders with respect to— rarily to the United States and perform tem- be appropriated by sections 101(3) and 1501(3) (A) estimated value of shipbuilding facili- porary non-agricultural services or labor on for procurement of weapons and tracked ties; a one-time, seasonal, peakload, or intermit- combat vehicles for the Army may be obli- (B) critical shipbuilding capabilities; tent basis. gated or expended for purposes of the pro- (C) capital expenditures; SEC. 124. ASSESSMENTS REQUIRED PRIOR TO curement of the Stryker Mobile Gun System START OF CONSTRUCTION ON FIRST (D) major investments in process improve- SHIP OF A SHIPBUILDING PROGRAM. until 30 days after the date on which the Sec- ments; and retary of the Army certifies to Congress that (a) IN GENERAL.—Concurrent with approv- (E) costs for related Navy shipbuilding ing the start of construction of the first ship the Stryker Mobile Gun System is operation- projects. for any major shipbuilding program, the Sec- ally effective, suitable, and survivable for its (2) A description of mechanisms available retary of the Navy shall— anticipated deployment missions. to the Government and industry to finance (1) submit a report to the congressional de- (b) WAIVER.—The Secretary of Defense may facilities and process improvements, includ- fense committees on the results of any pro- waive the limitation in subsection (a) if the ing— duction readiness review; and Secretary— (A) contract incentive and award fees; (2) certify to the congressional defense (1) determines that further procurement of (B) facilities capital cost of money; committees that the findings of any such re- the Stryker Mobile Gun System utilizing (C) facilities depreciation; view support commencement of construc- amounts referred to in subsection (a) is in (D) progress payment provisions; tion. the national security interest of the United (E) other contract terms and conditions; (b) REPORT.—The report required by sub- States notwithstanding the inability of the (F) State and Federal tax provisions and section (a)(1) shall include, at a minimum, Secretary of the Army to make the certifi- tax incentives; an assessment of each of the following: cation required by that subsection; and (G) the National Shipbuilding Research (1) The maturity of the ship’s design, as (2) submits to the Congress, in writing, a Program; and measured by stability of the ship contract notification of the waiver together with a (H) any other mechanisms available. specifications and the degree of completion discussion of— (3) A summary of potential shipbuilding in- of detail design and production design draw- (A) the reasons for the determination de- vestments that offer greatest reduction to ings. scribed in paragraph (1); and shipbuilding costs, including, for each such (2) The maturity of developmental com- (B) the actions that will be taken to miti- investment— mand and control systems, weapon and sen- gate any deficiencies that cause the Stryker (A) a project description; sor systems, and hull, mechanical and elec- Mobile Gun System not to be operationally (B) an estimate of required investment; trical systems. effective, suitable, or survivable, as that (C) the estimated return on investment; (3) The readiness of the shipyard facilities case may be, as described in subsection (a). and and workforce to begin construction. Subtitle C—Navy Programs (D) alternatives for financing the invest- (4) The Navy’s estimated cost at comple- SEC. 121. MULTIYEAR PROCUREMENT AUTHOR- ment. tion and the adequacy of the budget to sup- ITY FOR VIRGINIA-CLASS SUB- (4) The Navy’s strategy for providing in- port the estimate. MARINE PROGRAM. centives for contractors’ capital expendi- (5) The Navy’s estimated delivery date and (a) AUTHORITY.—The Secretary of the Navy tures that would lead to ship construction or description of any variance to the contract may, in accordance with section 2306b of life-cycle savings to the Federal Govern- delivery date.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H87 (6) The extent to which adequate processes Subtitle D—Air Force Programs after the date on which the Secretary of the and metrics are in place to measure and SEC. 131. LIMITATION ON JOINT CARGO AIR- Air Force submits to the congressional de- manage program risks. CRAFT. fense committees the Fleet Mix Analysis (c) APPLICABILITY.—This section applies to No funds appropriated pursuant to an au- Study. each major shipbuilding program beginning thorization of appropriations or otherwise SEC. 135. LIMITATION ON RETIREMENT OF KC– after the date of the enactment of this Act. made available for procurement, or for re- 135E AERIAL REFUELING AIRCRAFT. (d) DEFINITIONS.—For the purposes of sub- search, development, test, and evaluation, (a) LIMITATION ON RETIREMENT OF MORE section (a): may be obligated or expended for the Joint THAN 48 AIRCRAFT.—The Secretary of the Air (1) START OF CONSTRUCTION.—The term Cargo Aircraft until 30 days after the Sec- Force may not retire more than 48 KC–135E ‘‘start of construction’’ means the beginning aerial refueling aircraft of the Air Force dur- retary of Defense submits to the congres- of fabrication of the hull and superstructure ing fiscal year 2008, except as provided in sional defense committees each of the fol- of the ship. subsection (b). lowing: (2) FIRST SHIP.—The term ‘‘first ship’’ ap- (b) CONTINGENT AUTHORITY TO RETIRE 37 (1) The Air Force Air Mobility Command’s plies to a ship if— ADDITIONAL AIRCRAFT.—Effective as of the (A) the ship is the first ship to be con- Airlift Mobility Roadmap. date specified in subsection (c), the number structed under that shipbuilding program; or (2) The Department of Defense Intra-The- of such aircraft retired by the Secretary of (B) the shipyard at which the ship is to be ater Airlift Capabilities Study. the Air Force during fiscal year 2008 may not constructed has not previously started con- (3) The Department of Defense Joint Intra- exceed 85. struction on a ship under that shipbuilding Theater Distribution Assessment. (c) SPECIFIED DATE.—The date specified in program. (4) The Joint Cargo Aircraft Functional this subsection is the date that is 15 days (3) MAJOR SHIPBUILDING PROGRAM.—The Area Series Analysis. after the date on which the Secretary of the term ‘‘major shipbuilding program’’ means a (5) The Joint Cargo Aircraft Analysis of Air Force submits to the congressional de- program for the construction of combatant Alternatives. fense committees the Secretary’s certifi- and support vessels required for the naval (6) The Joint Intra-Theater Airlift Fleet cation that— vessel force, as reported within the annual Mix Analysis. (1) the system design and development con- naval vessel construction plan required by (7) The Secretary’s certification that— tract for the KC-X program has been award- section 231 of title 10, United States Code. (A) there is, within the Department of the ed; and (4) PRODUCTION READINESS REVIEW.—The Army, Department of the Air Force, Army (2) if a protest is submitted pursuant to term ‘‘production readiness review’’ means a National Guard, or Air National Guard, a ca- subchapter 5 of title 31, United States Code— formal examination of a program prior to pability gap or shortfall with respect to (A) the protest has been resolved in favor the start of construction to determine if the intra-theater airlift; and of the Federal agency; or design is ready for production, production (B) validated requirements exist to fill (B) the Secretary has authorized perform- engineering problems have been resolved, that gap or shortfall through procurement of ance of the contract (notwithstanding the and the producer has accomplished adequate the Joint Cargo Aircraft. protest). planning for the production phase. SEC. 132. CLARIFICATION OF LIMITATION ON RE- SEC. 136. TRANSFER TO GOVERNMENT OF IRAQ SEC. 125. LITTORAL COMBAT SHIP (LCS) PRO- TIREMENT OF U–2 AIRCRAFT. OF THREE C–130E TACTICAL AIRLIFT GRAM. Section 133(b) of the John Warner National AIRCRAFT. Section 124 of the National Defense Au- Defense Authorization Act for Fiscal Year The Secretary of the Air Force may trans- fer not more than 3 C–130E tactical airlift thorization Act for Fiscal Year 2006 (Public 2007 (Public Law 109–364; 120 Stat. 2112) is aircraft, allowed to be retired under the Law 109–163; 119 Stat. 3157) is amended by amended— John Warner National Defense Authorization striking subsections (a), (b), (c), and (d) and (1) in paragraph (1)— Act for Fiscal Year 2007 (Public Law 109–364), inserting the following: (A) by striking ‘‘After fiscal year 2007’’ and to the Government of Iraq. ‘‘(a) LIMITATION OF COSTS.— inserting ‘‘For each fiscal year after fiscal ‘‘(1) IN GENERAL.—The total amount obli- SEC. 137. MODIFICATION OF LIMITATIONS ON RE- year 2007’’; and TIREMENT OF B–52 BOMBER AIR- gated or expended for the procurement costs (B) by inserting after ‘‘Secretary of De- of post-2007 LCS vessels shall not exceed CRAFT. fense’’ the following: ‘‘, in that fiscal year,’’; (a) MAINTENANCE OF PRIMARY, BACKUP, AND $460,000,000 per vessel. and ATTRITION RESERVE INVENTORY OF AIR- ‘‘(2) PROCUREMENT COSTS.—For purposes of (2) in paragraph (2)— CRAFT.—Subsection (a) of section 131 of the this section, procurement costs shall include (A) by inserting after ‘‘Department of De- John Warner National Defense Authorization all costs for plans, basic construction, fense’’ the following: ‘‘in a fiscal year’’; and Act for Fiscal Year 2007 (Public Law 109–364; change orders, electronics, ordnance, con- (B) by inserting after ‘‘Congress’’ the fol- 120 Stat. 2111) is amended— tractor support, and other costs associated lowing: ‘‘in that fiscal year’’. (1) in paragraph (1)— with completion of production drawings, ship (A) in subparagraph (A), by striking ‘‘and’’ construction, test, and delivery, including SEC. 133. REPEAL OF REQUIREMENT TO MAIN- TAIN RETIRED C–130E TACTICAL at the end; work performed post-delivery that is re- AIRCRAFT. (B) in subparagraph (B), by striking the pe- quired to meet original contract require- (a) IN GENERAL.—Effective as of the date riod at the end and inserting a semicolon; ments. specified in subsection (b), section 137(b) of and ‘‘(3) POST-2007 LCS VESSELS.—For purposes the John Warner National Defense Author- (C) by adding at the end the following: of this section, the term ‘post-2007 LCS ves- ization Act for Fiscal Year 2007 (Public Law ‘‘(C) shall maintain in a common capa- sel’ means a vessel in the Littoral Combat 109–364; 120 Stat. 2114) is repealed. bility configuration a primary aircraft in- Ship (LCS) class of vessels, the procurement (b) SPECIFIED DATE.—The date specified in ventory of not less than 63 such aircraft, a of which is funded from amounts appro- this subsection is the date that is 30 days backup aircraft inventory of not less than 11 priated pursuant to an authorization of ap- after the date on which the Secretary of the such aircraft, and an attrition reserve air- propriations or otherwise made available for Air Force submits to the congressional de- craft inventory of not less than 2 such air- fiscal year 2008 or any fiscal year thereafter. fense committees the Fleet Mix Analysis craft; and ‘‘(b) CONTRACT TYPE.—The Secretary of the Study. ‘‘(D) shall not keep any such aircraft re- Navy shall employ a fixed-price type con- ferred to in subparagraph (C) in a status con- tract for construction of post-2007 LCS ves- SEC. 134. LIMITATION ON RETIREMENT OF C– sidered excess to the requirements of the sels. 130E/H TACTICAL AIRLIFT AIR- CRAFT. possessing command and awaiting disposi- ‘‘(c) LIMITATION OF GOVERNMENT LIABIL- ITY.—The Secretary of the Navy shall not (a) GENERAL PROHIBITION.—The Secretary tion instructions.’’; and enter into a contract, or modify a contract, of the Air Force may not retire C–130E/H tac- (2) by adding at the end the following: for construction or final delivery of post-2007 tical airlift aircraft during fiscal year 2008, ‘‘(3) DEFINITIONS.—For purposes of para- LCS vessels if the limitation of the Govern- except as provided in subsection (b). graph (1): ment’s cost liability, when added to the sum (b) CONTINGENT AUTHORITY TO RETIRE CER- ‘‘(A) The term ‘primary aircraft inventory’ of other budgeted procurement costs, would TAIN C–130E AIRCRAFT.—Effective as of the means aircraft assigned to meet the primary exceed $460,000,000 per vessel. date specified in subsection (d), subsection aircraft authorization to— ‘‘(d) ADJUSTMENT OF LIMITATION AMOUNT.— (a) shall not apply to C–130E tactical airlift ‘‘(i) a unit for the performance of its war- The Secretary of the Navy may adjust the aircraft, and the number of such aircraft re- time mission; amount set forth in subsections (a)(1) and (c) tired by the Secretary of the Air Force dur- ‘‘(ii) a training unit primarily for technical for vessels referred to in such subsections by ing fiscal year 2008 may not exceed 24. and specialized training for crew personnel the following: (c) TREATMENT OF RETIRED AIRCRAFT.—The or leading to aircrew qualification; ‘‘(1) The amounts of increases or decreases Secretary of the Air Force shall maintain ‘‘(iii) a test unit for testing of the aircraft in costs attributable to compliance with each C–130E tactical airlift aircraft that is or its components for purposes of research, changes in Federal, State, or local laws en- retired during fiscal year 2008 in a condition development, test and evaluation, oper- acted after September 30, 2007. that would allow recall of that aircraft to fu- ational test and evaluation, or to support ‘‘(2) The amounts of outfitting costs and ture service. testing programs; or costs required to complete post-delivery test (d) SPECIFIED DATE.—The date specified in ‘‘(iv) meet requirements for special mis- and trials.’’. this subsection is the date that is 30 days sions not elsewhere classified.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.049 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H88 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(B) The term ‘backup aircraft inventory’ Sec. 234. Report on implementation of Man- (5) be conducted in a realistic operational means aircraft above the primary aircraft ufacturing Technology Pro- electronic warfare environment, including inventory to permit scheduled and unsched- gram. enemy electronic warfare and network at- uled depot level maintenance, modifications, Sec. 235. Assessment of sufficiency of test tacks; and inspections, and repairs, and certain other and evaluation personnel. (6) include, to the maximum extent pos- mitigating circumstances without reduction Sec. 236. Repeal of requirement for separate sible, all sensor information feeds the FCS of aircraft available for the assigned mis- reports on technology area re- network is designed to incorporate. view and assessment sum- sion. (b) FCS NETWORK DEFINED.—In this sec- ‘‘(C) The term ‘attrition reserve aircraft maries. Sec. 237. Modification of notice and wait re- tion, the term ‘‘FCS network’’ includes all inventory’ means aircraft required to replace sensors, information systems, computers, anticipated losses of primary aircraft inven- quirement for obligation of funds for foreign comparative and communications systems necessary to tory due to peacetime accidents or wartime support Future Combat Systems brigade op- attrition. test program. Sec. 238. Strategic Plan for the Manufac- erations. ‘‘(4) TREATMENT OF RETIRED AIRCRAFT.—Of (c) REPORT.—Not later than 120 days after the aircraft retired in accordance with para- turing Technology Program. Sec. 239. Modification of authorities on co- completing the operational test and evalua- graph (1)(A), the Secretary of the Air Force ordination of Defense Experi- tion required by subsection (a), the Director, may use not more than 2 such aircraft for mental Program to Stimulate Operational Test and Evaluation shall sub- maintenance ground training.’’. Competitive Research with (b) NOTICE OF RETIREMENT.—Subsection mit to the congressional defense committees (b)(1) of such section is amended by striking similar Federal programs. a report on the outcome of the operational Sec. 240. Enhancement of defense ‘‘45 days’’ and inserting ‘‘60 days’’. test and evaluation. The report shall include, nanotechnology research and at a minimum— TITLE II—RESEARCH, DEVELOPMENT, development program. (1) an evaluation of the overall operational TEST, AND EVALUATION Sec. 241. Federally funded research and de- effectiveness of the FCS network, includ- Subtitle A—Authorization of Appropriations velopment center assessment of ing— Sec. 201. Authorization of appropriations. the Defense Experimental Pro- (A) an evaluation of the FCS network’s ca- Sec. 202. Amount for defense science and gram to Stimulate Competitive pability to transmit the volume and classes technology. Research. of data required by Future Combat Systems Subtitle B—Program Requirements, Sec. 242. Cost-benefit analysis of proposed approved requirements; and Restrictions, and Limitations funding reduction for High En- (B) an evaluation of the FCS network’s ergy Laser Systems Test Facil- Sec. 211. Operational test and evaluation of performance in a degraded condition due to ity. enemy network attack, sophisticated enemy Future Combat Systems net- Sec. 243. Prompt global strike. work. electronic warfare, adverse weather condi- Sec. 212. Limitation on use of funds for sys- Subtitle A—Authorization of Appropriations tions, and terrain variability; tems development and dem- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (2) an evaluation of the FCS network’s onstration of Joint Light Tac- Funds are hereby authorized to be appro- ability to improve friendly force knowledge tical Vehicle Program. priated for fiscal year 2008 for the use of the of the location and capability of enemy Sec. 213. Requirement to obligate and ex- Department of Defense for research, develop- forces and combat systems; and pend funds for development and ment, test, and evaluation as follows: (3) an evaluation of the overall operational procurement of a competitive (1) For the Army, $10,840,392,000. suitability of the FCS network. (2) For the Navy, $16,980,732,000. propulsion system for the Joint (d) LIMITATION PENDING SUBMISSION OF RE- (3) For the Air Force, $25,692,521,000. Strike Fighter. PORT.— Sec. 214. Limitation on use of funds for de- (4) For Defense-wide activities, (1) IN GENERAL.—No funds, with the excep- fense-wide manufacturing $20,213,900,000, of which $180,264,000 is author- tion of funds for advanced procurement, ap- science and technology pro- ized for the Director of Operational Test and propriated pursuant to an authorization of gram. Evaluation. appropriations or otherwise made available Sec. 215. Advanced Sensor Applications Pro- SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND to the Department of the Army for any fiscal gram. TECHNOLOGY. year may be obligated for low-rate initial Sec. 216. Active protection systems. (a) FISCAL YEAR 2008.—Of the amounts au- production or full-rate production of Future thorized to be appropriated by section 201, Subtitle C—Ballistic Missile Defense Combat Systems manned ground vehicles $10,913,944,000 shall be available for the De- Sec. 221. Participation of Director, Oper- until 60 days after the date on which the re- fense Science and Technology Program, in- ational Test and Evaluation, in port is submitted under subsection (c). cluding basic research, applied research, and missile defense test and evalua- (2) WAIVER AUTHORITY.—The Secretary of tion activities. advanced technology development projects. (b) BASIC RESEARCH, APPLIED RESEARCH, Defense may waive the limitation in para- Sec. 222. Study on future roles and missions graph (1) if the Secretary determines that of the Missile Defense Agency. AND ADVANCED TECHNOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the such a waiver is critical for national secu- Sec. 223. Budget and acquisition require- rity. Such a waiver shall not become effec- ments for Missile Defense Agen- term ‘‘basic research, applied research, and advanced technology development’’ means tive until 45 days after the date on which the cy activities. Secretary submits to the congressional de- Sec. 224. Limitation on use of funds for re- work funded in program elements for defense research and development under Department fense committees a written notice of the placing warhead on SM–3 Block waiver. IIA missile. of Defense budget activity 1, 2, or 3. (3) INAPPLICABILITY TO THE NON LINE OF Sec. 225. Extension of Comptroller General Subtitle B—Program Requirements, SIGHT CANNON VEHICLE.—The limitation in assessments of ballistic missile Restrictions, and Limitations paragraph (1) does not apply to the Non Line defense programs. SEC. 211. OPERATIONAL TEST AND EVALUATION of Sight Cannon vehicle. Sec. 226. Limitation on availability of funds OF FUTURE COMBAT SYSTEMS NET- for procurement, construction, WORK. SEC. 212. LIMITATION ON USE OF FUNDS FOR and deployment of missile de- (a) OPERATIONAL TEST AND EVALUATION RE- SYSTEMS DEVELOPMENT AND DEM- fenses in Europe. QUIRED.—The Secretary of the Army, in co- ONSTRATION OF JOINT LIGHT TAC- Sec. 227. Sense of Congress on missile de- operation with the Director, Operational TICAL VEHICLE PROGRAM. fense cooperation with Israel. Test and Evaluation, shall complete an oper- Of the amounts appropriated pursuant to Sec. 228. Limitation on availability of funds ational test and evaluation (as defined in an authorization of appropriations or other- for deployment of missile de- section 139(a)(2)(A) of title 10, United States wise made available for the Joint Light Tac- fense interceptors in Alaska. Code), of the FCS network in a realistic envi- tical Vehicle Program for the acquisition Sec. 229. Policy of the United States on pro- ronment simulating operational conditions. program phase of systems development and tection of the United States The operational test and evaluation shall— demonstration for fiscal year 2008 or any fis- and its allies against Iranian (1) be conducted in accordance with a Fu- cal year thereafter, no more than 50 percent ballistic missiles. ture Combat Systems Test and Evaluation of those amounts may be obligated or ex- Subtitle D—Other Matters Master Plan approved by the Director, Oper- pended until after— Sec. 231. Coordination of human systems in- ational Test and Evaluation; (1) the Under Secretary of Defense for Ac- tegration activities related to (2) be conducted using prototype equip- quisition, Technology, and Logistics, or the acquisition programs. ment, sensors, and software for the FCS net- appropriate milestone decision authority, Sec. 232. Expansion of authority for provi- work; makes the certification required by section sion of laboratory facilities, (3) be conducted in a manner that simu- 2366a of title 10, United States Code, with re- services, and equipment. lates a full Future Combat Systems brigade; spect to the Joint Light Tactical Vehicle Sec. 233. Modification of cost sharing re- (4) be conducted, to the maximum extent Program; and quirement for Technology possible, using actual communications (2) the certification has been received by Transition Initiative. equipment instead of computer simulations; the congressional defense committees.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.050 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H89 SEC. 213. REQUIREMENT TO OBLIGATE AND EX- istics suitable for protecting wheeled tac- SEC. 222. STUDY ON FUTURE ROLES AND MIS- PEND FUNDS FOR DEVELOPMENT tical vehicles, especially light wheeled tac- SIONS OF THE MISSILE DEFENSE AND PROCUREMENT OF A COMPETI- tical vehicles, in order— AGENCY. TIVE PROPULSION SYSTEM FOR THE (A) to determine the effectiveness of such (a) IN GENERAL.—The Secretary of Defense JOINT STRIKE FIGHTER. shall enter into an agreement with 1 of the Of the funds appropriated pursuant to an systems for protecting wheeled tactical vehi- cles; and Federally Funded Research and Development authorization of appropriations or otherwise Centers under which the Center shall carry (B) to develop information useful in the made available for fiscal year 2008 or any out an independent study to examine, and consideration of the adoption of such sys- year thereafter, for research, development, make recommendations with respect to, the tems in defense acquisition programs. test, and evaluation and procurement for the long-term structure, roles, and missions of (2) REPORTS.—Not later than March 1 of Joint Strike Fighter Program, the Secretary the Missile Defense Agency. each of 2008 and 2009, the Secretary shall sub- of Defense shall ensure the obligation and (b) MATTERS INCLUDED.— mit to the congressional defense committees expenditure in each such fiscal year of suffi- (1) REVIEW.—The study shall include a full a report on the results of the tests under- cient annual amounts for the continued de- review of the structure, roles, and missions taken under paragraph (1) as of the date of velopment and procurement of 2 options for of the Missile Defense Agency. such report. the propulsion system for the Joint Strike (2) ASSESSMENTS.—The study shall include (3) FUNDING.—The live-fire tests required Fighter in order to ensure the development an examination and assessment of the cur- by paragraph (1) shall be conducted using and competitive production for the propul- rent and future— funds authorized and appropriated for the sion system for the Joint Strike Fighter. (A) structure, roles, and missions of the Joint Improvised Explosive Device Defeat Missile Defense Agency; SEC. 214. LIMITATION ON USE OF FUNDS FOR DE- Fund. FENSE-WIDE MANUFACTURING (B) relationship of the Missile Defense SCIENCE AND TECHNOLOGY PRO- (b) COMPREHENSIVE ASSESSMENT RE- Agency with— GRAM. QUIRED.— (i) the Office of the Under Secretary of De- No funds available to the Office of the Sec- (1) IN GENERAL.—The Secretary shall un- fense for Acquisition, Technology, and Logis- retary of Defense for any fiscal year may be dertake a comprehensive assessment of ac- tics; obligated or expended for the defense-wide tive protection systems in order to develop (ii) the Office of the Under Secretary of De- manufacturing science and technology pro- information useful in the development of fense for Policy; gram unless the Director, Defense Research joint active protection systems and other de- (iii) the Director of Operational Test and and Engineering, ensures each of the fol- fense programs. Evaluation; lowing: (2) ELEMENTS.—The assessment under para- (iv) the Commander of the United States (1) A component of the Department of De- graph (1) shall include— Strategic Command and other combatant fense has requested and evaluated— (A) an identification of the potential mer- commanders; (A) competitive proposals, for each project its and operational costs of the use of active (v) the Joint Requirements Oversight under the program that is not a project cov- protection systems by United States mili- Council; and ered by subparagraph (B); and tary forces; (vi) the military departments; (B) proposals from as many sources as is (B) a characterization of the threats that (C) operations and sustainment of missile practicable under the circumstances, for a use of active protection systems by potential defenses; project under the program if the disclosure adversaries would pose to United States (D) acquisition process for missile defense; of the needs of the Department of Defense military forces and weapons; (E) requirements process for missile de- with respect to that project would com- (C) an identification and assessment of fense; and promise the national security. countermeasures to active protection sys- (F) transition and transfer of missile de- (2) Each project under the program is car- tems; fense capabilities to the military depart- ried out— (D) an analysis of collateral damage poten- ments. (A) in accordance with the statutory re- tial of active protection systems; (3) RECOMMENDATIONS.—The study shall in- quirements of the Manufacturing Tech- (E) an identification and assessment of clude recommendations as to how the Mis- nology Program established by section 2521 emerging direct-fire and top-attack threats sile Defense Agency can be made more effec- of title 10, United States Code; and to defense systems that could potentially de- tive to support the needs of the warfighter, (B) in compliance with all requirements of ploy active protection systems; and especially with regard to near-term missile any directive that applies to manufacturing (F) an identification and assessment of defense capabilities. The study shall also ex- technology. critical technology elements of active pro- amine the full range of options for the future (3) An implementation plan has been devel- tection systems. of the Missile Defense Agency and shall in- oped. (3) REPORT.—Not later than December 31, clude, but not be limited to, specific rec- SEC. 215. ADVANCED SENSOR APPLICATIONS 2008, the Secretary shall submit to the con- ommendations as to whether— PROGRAM. gressional defense committees a report on (A) the Missile Defense Agency should be (a) TRANSFER OF FUNDS.—(1) Of the amount the assessment under paragraph (1). maintained in its current configuration; authorized to be appropriated by section Subtitle C—Ballistic Missile Defense (B) the scope and nature of the Missile De- 201(3) for research, development, test, and fense Agency should be changed from an or- SEC. 221. PARTICIPATION OF DIRECTOR, OPER- ganization focused on research and develop- evaluation, Air Force activities, and made ATIONAL TEST AND EVALUATION, IN available for the activities of the Intel- MISSILE DEFENSE TEST AND EVAL- ment to an organization focused on combat ligence Systems Support Office, an aggre- UATION ACTIVITIES. support; gate of $13,000,000 shall be transferred to the Section 139 of title 10, United States Code, (C) any functions and responsibilities Advanced Sensor Applications Program not is amended— should be added to the Missile Defense Agen- later than 60 days after the date of the enact- (1) by redesignating subsections (f) through cy, in part or in whole, from other entities ment of this Act. (j) as subsections (g) through (k), respec- such as the United States Strategic Com- (2) Of the amount authorized to be appro- tively; and mand and the military departments; and priated by section 301(2) for operation and (2) by inserting after subsection (e) the fol- (D) any functions and responsibilities of maintenance, Navy activities, and made lowing new subsection (f): the Missile Defense Agency should be trans- available for the activities of the Office of ‘‘(f)(1) The Director of the Missile Defense ferred, in part or in whole, to other entities Naval Intelligence, an aggregate of $5,000,000 Agency shall make available to the Director such as the United States Strategic Com- shall be transferred to the Advanced Sensor of Operational Test and Evaluation the re- mand and the military departments. Applications Program not later than 60 days sults of all tests and evaluations conducted (c) COOPERATION FROM GOVERNMENT.—In after the date of the enactment of this Act. by the Missile Defense Agency and of all carrying out the study, the Federally Fund- ed Research and Development Center shall (b) ASSIGNMENT OF PROGRAM.—Manage- studies conducted by the Missile Defense receive the full and timely cooperation of ment of the program shall reside within the Agency in connection with tests and evalua- the Secretary of Defense and any other office of the Under Secretary of Defense for tions in the Missile Defense Agency. United States Government official in pro- Intelligence until certain conditions speci- ‘‘(2) The Director of Operational Test and viding the Center with analyses, briefings, fied in the classified annex to the statement Evaluation may require that such observers of managers accompanying this Act are met. and other information necessary for the ful- as the Director designates be present during fillment of its responsibilities. The program shall be executed by the Com- the preparation for and the conducting of (d) REPORT.—Not later than September 1, mander, Naval Air Systems Command in any test and evaluation conducted by the 2008, the Federally Funded Research and De- consultation with the Program Executive Of- Missile Defense Agency. velopment Center shall submit to the Com- ficer for Aviation for the Navy. ‘‘(3) The Director of Operational Test and mittee on Armed Services of the Senate and SEC. 216. ACTIVE PROTECTION SYSTEMS. Evaluation shall have access to all records the Committee on Armed Services of the (a) LIVE-FIRE TESTS REQUIRED.— and data in the Department of Defense (in- House of Representatives a report on its (1) IN GENERAL.—The Secretary of Defense cluding the records and data of the Missile findings, conclusions, and recommendations. shall undertake live-fire tests, of appropriate Defense Agency) that the Director considers (e) FUNDING.—Funds for the study shall be foreign and domestic active protection sys- necessary to review in order to carry out his provided from amounts appropriated for the tems with size, weight, and power character- duties under this subsection.’’. Department of Defense.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.050 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H90 CONGRESSIONAL RECORD — HOUSE January 16, 2008 SEC. 223. BUDGET AND ACQUISITION REQUIRE- and research, development, test, and evalua- SEC. 226. LIMITATION ON AVAILABILITY OF MENTS FOR MISSILE DEFENSE tion funds for the appropriate budget activi- FUNDS FOR PROCUREMENT, CON- AGENCY ACTIVITIES. STRUCTION, AND DEPLOYMENT OF ties, and for transitioning from incremental (a) REVISED BUDGET STRUCTURE.—The MISSILE DEFENSES IN EUROPE. budget justification materials submitted to funding to full funding for fiscal years after (a) GENERAL LIMITATION.—No funds author- Congress in support of the Department of De- fiscal year 2010. ized to be appropriated by this Act may be fense budget for any fiscal year after fiscal (g) OBJECTIVES FOR ACQUISITION ACTIVI- obligated or expended for procurement, site activation, construction, preparation of year 2009 (as submitted with the budget of TIES.— equipment for, or deployment of a long- the President under section 1105(a) of title (1) IN GENERAL.—Commencing as soon as range missile defense system in Europe until 31, United States Code) shall set forth sepa- practicable, but not later than the submittal rately amounts requested for the Missile De- the following conditions have been met: to Congress of the budget for the President (1) The governments of the countries in fense Agency for each of the following: for fiscal year 2009 under section 1105(a) of (1) Research, development, test, and eval- which major components of such missile de- title 31, United States Code, the Missile De- fense system (including interceptors and as- uation. fense Agency shall take appropriate actions (2) Procurement. sociated radars) are proposed to be deployed to achieve the following objectives in its ac- have each given final approval to any missile (3) Operation and maintenance. quisition activities: (4) Military construction. defense agreements negotiated between such (A) Improved transparency. governments and the United States Govern- (b) REVISED BUDGET STRUCTURE FOR FISCAL (B) Improved accountability. YEAR 2009.—The budget justification mate- ment concerning the proposed deployment of (C) Enhanced oversight. such components in their countries. rials submitted to Congress in support of the (2) REQUIRED ACTIONS.—In order to achieve Department of Defense budget for fiscal year (2) Forty-five days have elapsed following the objectives specified in paragraph (1), the the receipt by Congress of the report re- 2009 (as submitted with the budget of the Missile Defense Agency shall, at a minimum, President under section 1105(a) of title 31, quired under subsection (c)(6). take actions as follows: (b) ADDITIONAL LIMITATION.—In addition to United States Code) shall— (A) Establish acquisition cost, schedule, the limitation in subsection (a), no funds au- (1) identify all known and estimated oper- and performance baselines for each ballistic thorized to be appropriated by this Act may ation and support costs; and missile defense system element that— be obligated or expended for the acquisition (2) set forth separately amounts requested (i) has entered the equivalent of the sys- or deployment of operational missiles of a for the Missile Defense Agency for each of tems development and demonstration phase long-range missile defense system in Europe the following: of acquisition; or until the Secretary of Defense, after receiv- (A) Research, development, test, and eval- (ii) is being produced and acquired for ing the views of the Director of Operational uation. operational fielding. Test and Evaluation, submits to Congress a (B) Procurement or advance procurement (B) Provide unit cost reporting data for report certifying that the proposed inter- of long lead items, including for Terminal each ballistic missile defense system ele- ceptor to be deployed as part of such missile High Altitude Area Defense firing units 3 and ment covered by subparagraph (A), and se- defense system has demonstrated, through 4, and for Standard Missile-3 Block 1A inter- cure independent estimation and verification successful, operationally realistic flight test- ceptors. of such cost reporting data. ing, a high probability of working in an oper- (C) Military construction. (C) Include, in the budget justification ma- ationally effective manner. (c) AVAILABILITY OF RDT&E FUNDS FOR terials described in subsection (a), a descrip- (c) REPORT ON INDEPENDENT ASSESSMENT FISCAL YEAR 2009.—Upon approval by the tion of actions being taken in the fiscal year FOR BALLISTIC MISSILE DEFENSE IN EUROPE.— Secretary of Defense, and consistent with in which such materials are submitted, and (1) INDEPENDENT ASSESSMENT.—Not later the plan submitted under subsection (f), the actions to be taken in the fiscal year than 30 days after the date of the enactment funds appropriated pursuant to an authoriza- covered by such materials, to achieve such of this Act, the Secretary of Defense shall se- tion of appropriations or otherwise made objectives. lect a federally funded research and develop- available for fiscal year 2009 for research, de- (3) SPECIFICATION OF BALLISTIC MISSILE DE- ment center to conduct an independent as- velopment, test, and evaluation for the Mis- FENSE SYSTEM ELEMENTS.—The ballistic mis- sessment of options for ballistic missile de- sile Defense Agency— sile defense system elements that, as of Oc- fense for forward deployed forces of the (1) may be used for the fielding of ballistic tober 2007, are ballistic missile defense sys- United States and its allies in Europe and for missile defense capabilities approved pre- tem elements covered by paragraph (2)(A) the United States homeland. viously by Congress; and are the following elements: (2) ANALYSIS OF ADMINISTRATION PRO- (2) may not be used for— (A) Ground-based Midcourse Defense. POSAL.—The study shall provide a full anal- ysis of the Administration’s proposal to pro- (A) military construction activities; or (B) Aegis Ballistic Missile Defense. tect forward-deployed forces of the United (B) procurement or advance procurement (C) Terminal High Altitude Area Defense. States and its allies in Europe, forward-de- of long lead items, including for Terminal (D) Forward-Based X-band radar-Trans- ployed radars in Europe, and the United High Altitude Area Defense firing units 3 and portable (AN/TPY–2). States by deploying, in Europe, interceptors 4, and for Standard Missile-3 Block 1A inter- (E) Command, Control, Battle Manage- and radars of the Ground-Based Midcourse ceptors. ment, and Communications. (d) FULL FUNDING REQUIREMENT NOT APPLI- Defense (GMD) system. In providing the (F) Sea-Based X-band radar. CABLE TO USE OF PROCUREMENT FUNDS FOR analysis, the study shall examine each of the (G) Upgraded Early Warning radars. FISCAL YEARS 2009 AND 2010.—In any case in following matters: which funds appropriated pursuant to an au- SEC. 224. LIMITATION ON USE OF FUNDS FOR RE- (A) The threat to Europe and the United thorization of appropriations or otherwise PLACING WARHEAD ON SM–3 BLOCK States of ballistic missiles (including short- made available for procurement for the Mis- IIA MISSILE. range, medium-range, intermediate-range, sile Defense Agency for fiscal years 2009 and None of the funds appropriated or other- and long-range ballistic missiles) from Iran, including the likelihood and timing of such 2010 are used for the fielding of ballistic mis- wise made available pursuant to an author- sile defense capabilities, the funds may be threats. ization of appropriations in this Act may be used for the fielding of those capabilities on (B) The technical capabilities of the sys- an ‘‘incremental’’ basis, notwithstanding obligated or expended to replace the unitary tem, as so deployed, to effectively protect any law or policy of the Department of De- warhead on the SM–3 Block IIA missile with forward-deployed forces of the United States fense that would otherwise require a ‘‘full the Multiple Kill Vehicle until after the Sec- and its allies in Europe, forward-deployed ra- funding’’ basis. retary of Defense certifies to Congress that— dars in Europe, and the United States (e) RELATIONSHIP TO OTHER LAW.—Nothing (1) the United States and Japan have against the threat specified in subparagraph in this provision shall be construed to alter reached an agreement to replace the unitary (A). or otherwise affect in any way the applica- warhead on the SM–3 Block IIA missile; and (C) The degree of coverage of the European bility of the requirements and other provi- (2) replacing the unitary warhead on the territory of members of the North Atlantic sions of section 234(a) through (d) of the Ron- SM–3 Block IIA missile with the Multiple Treaty Organization. ald W. Reagan National Defense Authoriza- Kill Vehicle will not delay the expected de- (D) The political implications of such a de- tion Act for Fiscal Year 2005 (Public Law ployment date of 2014–2015 for that missile. ployment on the United States, the North 108–375; 118 Stat. 1837; 10 U.S.C. 2431 note). Atlantic Treaty Organization, and other in- SEC. 225. EXTENSION OF COMPTROLLER GEN- (f) PLAN REQUIRED.—Not later than March terested parties. ERAL ASSESSMENTS OF BALLISTIC 1, 2008, the Director of the Missile Defense MISSILE DEFENSE PROGRAMS. (E) Integration and interoperability with Agency shall submit to the Committee on North Atlantic Treaty Organization missile Armed Services of the Senate and the Com- Section 232(g) of the National Defense Au- defenses. mittee on Armed Services of the House of thorization Act for Fiscal Year 2002 (10 (F) The operational issues associated with Representatives a plan for transitioning the U.S.C. 2431 note) is amended— such a deployment, including operational ef- Missile Defense Agency from using exclu- (1) in paragraph (1), by striking ‘‘through fectiveness. sively research, development, test, and eval- 2008’’ and inserting ‘‘through 2013’’; and (G) The force structure implications of uation funds to using procurement, military (2) in paragraph (2), by striking ‘‘through such a deployment, including a comparative construction, operations and maintenance, 2009’’ and inserting ‘‘through 2014’’. analysis of alternative deployment options.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.050 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H91 (H) The budgetary implications of such a fend against ballistic missile threats present and friendly foreign countries in the region; deployment, including possible allied cost in the Middle East region. and sharing, and the cost-effectiveness of such a (b) REPORT.— (B) for the United States homeland; deployment. (1) IN GENERAL.—Not later than 180 days (2) to encourage the NATO alliance to ac- (I) Command and control arrangements, in- after the date of the enactment of this Act, celerate its efforts to— cluding any command and control roles for the Secretary of Defense shall submit to the (A) protect NATO territory in Europe the United States European Command and congressional defense committees a report against the existing threat of Iranian short- the North Atlantic Treaty Organization. on the status of missile defense cooperation and medium-range ballistic missiles; and (J) Potential opportunities for participa- between the United States and Israel. (B) facilitate the ability of NATO allies to tion by the Government of Russia. (2) CONTENT.—The report submitted under acquire the missile defense systems needed (3) ANALYSIS OF ALTERNATIVES.—The study this subsection shall include each of the fol- to provide a wide-area defense capability shall also provide a full analysis of alter- lowing: against short- and medium-range ballistic native systems that could be deployed to ful- (A) A description of the current program of missiles; and fill, in whole or in part, the protective pur- ballistic missile defense cooperation between (3) to proceed with the activities specified poses of the Administration’s proposal. The the United States and Israel, including its in paragraphs (1) and (2) in a manner such alternative systems shall include a range of objectives and results to date. that any missile defense systems fielded by feasible combinations of other missile de- (B) A description of steps taken within the the United States in Europe are integrated fense systems that are available or are ex- previous five years to improve the interoper- with or complementary to missile defense pected to be available as of 2015 and 2020. ability and coordination of the missile de- systems fielded by NATO in Europe. These should include, but not be limited to, fense capabilities of the United States and Subtitle D—Other Matters the following: Israel. (C) A description of steps planned to be SEC. 231. COORDINATION OF HUMAN SYSTEMS (A) The Patriot PAC–3 system. INTEGRATION ACTIVITIES RELATED (B) The Medium Extended Air Defense Sys- taken by the governments of the United TO ACQUISITION PROGRAMS. States and Israel in the future to improve tem. (a) IN GENERAL.—The Secretary of Defense, (C) The Aegis Ballistic Missile Defense sys- the coordination, interoperability, and inte- acting through the Under Secretary of De- tem, with all variants of the Standard Mis- gration of their missile defense capabilities. fense for Acquisition, Technology, and Logis- sile–3 interceptor. (D) A description of joint efforts of the tics, shall coordinate and manage human (D) The Terminal High Altitude Area De- United States and Israel to develop ballistic systems integration activities throughout fense (THAAD) system. missile defense technologies. the acquisition programs of the Department (E) Forward-Based X-band Transportable (E) A description of joint missile defense of Defense. exercises and training that have been con- (FBX–T) radars. (b) ADMINISTRATION.—In carrying out sub- (F) The Kinetic Energy Interceptor (KEI). ducted by the United States and Israel, and section (a), the Secretary shall designate a (G) Other non-United States, North Atlan- the lessons learned from those exercises. senior official to be responsible for the ef- tic Treaty Organization missile defense sys- (F) A description of the joint missile de- fort. fense testing activities of the United States tems or components. (c) RESPONSIBILITIES.—In carrying out this (4) MATTERS EXAMINED.—In providing the and Israel, past and planned, and the benefits section, the senior official designated in sub- analysis, the study shall examine, for each of such joint testing activities. section (b) shall— alternative system included, each of the (G) A description of how the United States (1) coordinate the planning, management, matters specified in paragraph (2). and Israel share threat assessments regard- and execution of such activities; and (5) COOPERATION OF OTHER AGENCIES.—The ing the ballistic missile threat. (2) identify and recommend, as appro- Secretary of Defense shall provide the feder- (H) Any other matters that the Secretary priate, resource requirements for human sys- ally funded research and development center considers appropriate. tems integration activities. selected under paragraph (1) data, analyses, SEC. 228. LIMITATION ON AVAILABILITY OF (d) DESIGNATION.—The designation required briefings, and other information as the cen- FUNDS FOR DEPLOYMENT OF MIS- by subsection (b) shall be made not later ter considers necessary to carry out the as- SILE DEFENSE INTERCEPTORS IN ALASKA. than 60 days after the date of the enactment sessment described in that paragraph. Fur- of this Act. thermore, the Director of National Intel- None of the funds authorized to be appro- SEC. 232. EXPANSION OF AUTHORITY FOR PROVI- ligence and the heads of other departments priated by this Act may be obligated or ex- pended to deploy more than 40 Ground-Based SION OF LABORATORY FACILITIES, and agencies of the United States Govern- SERVICES, AND EQUIPMENT. ment shall also provide the center the appro- Interceptors at Fort Greely, Alaska, until the Secretary of Defense, after receiving the Section 2539b of title 10, United States priate data, analyses, briefings, and other in- Code, is amended— formation necessary for the purpose of car- views of the Director of Operational Test and Evaluation, submits to Congress a certifi- (1) in subsection (a)— rying out the assessment described in that (A) in paragraph (2) by striking ‘‘and’’ at paragraph. cation that the Block 2006 Ground-based Midcourse Defense element of the Ballistic the end; (6) REPORT.—Not later than 180 days after Missile Defense System has demonstrated, (B) in paragraph (3) by striking the period the date of the enactment of this Act, the at the end and inserting ‘‘; and’’; and federally funded research and development through operationally realistic end-to-end flight testing, that it has a high probability (C) by adding at the end the following: center shall submit to the congressional de- ‘‘(4) make available to any person or enti- fense committees and the Secretary of De- of working in an operationally effective manner. ty, through leases, contracts, or other appro- fense a report on the results of the study. priate arrangements, facilities, services, and SEC. 229. POLICY OF THE UNITED STATES ON The report shall be in unclassified form, but equipment of any government laboratory, re- may include a classified annex. PROTECTION OF THE UNITED STATES AND ITS ALLIES AGAINST search center, or range, if the facilities, serv- (7) FUNDING.—Of the amounts appropriated IRANIAN BALLISTIC MISSILES. ices, and equipment provided will not be in or otherwise made available pursuant to the (a) FINDING.—Congress finds that Iran direct competition with the domestic private authorization of appropriations in section maintains a nuclear program in continued sector.’’; 201(4), $1,000,000 is available to carry out the defiance of the international community (2) in subsection (c)— study required by this subsection. while developing ballistic missiles of increas- (A) by striking ‘‘for services’’; and (d) CONSTRUCTION.—Nothing in this section ing sophistication and range that— (B) by striking ‘‘subsection (a)(3)’’ and in- shall be construed to limit continuing obli- (1) pose a threat to— serting ‘‘subsections (a)(3) and (a)(4)’’; and gation and expenditure of funds for missile (A) the forward-deployed forces of the (3) in subsection (d)— defense, including for research and develop- United States; (A) by striking ‘‘for services made avail- ment and for other activities not otherwise (B) North Atlantic Treaty Organization able’’; and limited by subsection (a) or (b), including, (NATO) allies in Europe; and (B) by striking ‘‘subsection (a)(3)’’ and in- but not limited to, site surveys, studies, (C) other allies and friendly foreign coun- serting ‘‘subsections (a)(3) and (a)(4)’’. analysis, and planning and design for the tries in the region; and SEC. 233. MODIFICATION OF COST SHARING RE- proposed missile defense deployment in Eu- (2) eventually could pose a threat to the QUIREMENT FOR TECHNOLOGY rope. United States homeland. TRANSITION INITIATIVE. SEC. 227. SENSE OF CONGRESS ON MISSILE DE- (b) POLICY OF THE UNITED STATES.—It is Paragraph (2) of section 2359a(f) of title 10, FENSE COOPERATION WITH ISRAEL. the policy of the United States— United States Code, is amended to read as (a) SENSE OF CONGRESS.—It is the sense of (1) to develop, test, and deploy, as soon as follows: Congress that the United States should have technologically feasible, in conjunction with ‘‘(2) The amount of funds provided to a an active program of ballistic missile defense allies and friendly foreign countries when- project under paragraph (1) by the military cooperation with Israel, and should take ever possible, an effective defense against department or Defense Agency concerned steps to improve the coordination, interoper- the threat from Iran described in subsection shall be the appropriate share of the military ability, and integration of United States and (a) that will provide protection— department or Defense Agency, as the case Israeli missile defense capabilities, and to (A) for the forward-deployed forces of the may be, of the cost of the project, as deter- enhance the capability of both nations to de- United States, NATO allies, and other allies mined by the Manager.’’.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.050 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H92 CONGRESSIONAL RECORD — HOUSE January 16, 2008

SEC. 234. REPORT ON IMPLEMENTATION OF MAN- Year 2006 (Public Law 109–163; 119 Stat. 3179; (1) ADMINISTRATION THROUGH UNDER SEC- UFACTURING TECHNOLOGY PRO- 10 U.S.C. 2501 note) is repealed. RETARY OF DEFENSE FOR ACQUISITION, TECH- GRAM. SEC. 237. MODIFICATION OF NOTICE AND WAIT NOLOGY, AND LOGISTICS.—Subsection (c) of (a) REPORT REQUIRED.—Not later than Sep- REQUIREMENT FOR OBLIGATION OF such section is amended— tember 1, 2008, the Secretary of Defense shall FUNDS FOR FOREIGN COMPARATIVE (A) by striking ‘‘the Director of Defense submit to the Committee on Armed Services TEST PROGRAM. of the Senate and the Committee on Armed Research and Engineering’’ and inserting Paragraph (3) of section 2350a(g) of title 10, ‘‘the Under Secretary of Defense for Acquisi- Services of the House of Representatives a United States Code, is amended to read as tion, Technology, and Logistics’’; and report on the implementation of the tech- follows: (B) by striking ‘‘The Director’’ and insert- nologies and processes developed under the ‘‘(3) The Director of Defense Research and Manufacturing Technology Program re- Engineering shall notify the congressional ing ‘‘The Under Secretary’’. quired by section 2521 of title 10, United defense committees of the intent to obligate (2) OTHER ADMINISTRATIVE MATTERS.—Such States Code. funds made available to carry out this sub- subsection is further amended— (b) ELEMENTS.—The report shall identify section not less than 7 days before such funds (A) in paragraph (2), by striking ‘‘the De- each technology or process implemented are obligated.’’. partment’s increased investment in and, for each such technology or process, nanotechnology research and development shall identify— SEC. 238. STRATEGIC PLAN FOR THE MANUFAC- TURING TECHNOLOGY PROGRAM. and the National Nanotechnology Initiative; (1) the project of the Manufacturing Tech- (a) IN GENERAL.—Section 2521 of title 10, and’’ and inserting ‘‘investments by the De- nology Program through which the tech- United States Code, is amended by adding at partment and other departments and agen- nology or process was developed, the Federal the end the following new subsection: cies participating in the National and non-Federal participants in that project, ‘‘(e) FIVE-YEAR STRATEGIC PLAN.—(1) The Nanotechnology Initiative in and the duration of the project; Secretary shall develop a plan for the pro- nanotechnology research and development;’’; (2) the organization or program imple- gram that includes the following: (B) in paragraph (3), by striking the period menting the technology or process, and a de- ‘‘(A) The overall manufacturing tech- at the end and inserting ‘‘; and’’; and scription of the implementation; nology goals, milestones, priorities, and in- (3) the funding required to implement the (C) by adding at the end the following new vestment strategy for the program. technology or process, including— paragraph: ‘‘(B) The objectives of, and funding for, the (A) funds provided by military depart- ‘‘(4) oversee Department of Defense partici- program for each military department and ments and Defense Agencies under the Manu- pation in interagency coordination of the each Defense Agency that shall participate facturing Technology Program; program with other departments and agen- in the program during the period of the plan. (B) funds provided by the Department of cies participating in the National ‘‘(2) The Secretary shall include in the plan Defense, or any element of the Department, Nanotechnology Initiative.’’. mechanisms for assessing the effectiveness to co-develop the technology or process; of the program under the plan. (c) PROGRAM ACTIVITIES.—Such section is (C) to the maximum extent practicable, ‘‘(3) The Secretary shall update the plan on further amended— funds provided by the Department of De- a biennial basis. (1) by striking subsection (d); and fense, or any element of the Department, ‘‘(4) Each plan, and each update to the (2) by adding at the end the following new to— plan, shall cover a period of five fiscal subsection (d): (i) mature the technology or process prior years.’’. to transition to the Manufacturing Tech- ‘‘(d) STRATEGIC PLAN.—The Under Sec- (b) INITIAL DEVELOPMENT AND SUBMISSION nology Program; and retary shall develop and maintain a strategic OF PLAN.— (ii) provide for the implementation of the plan for defense nanotechnology research (1) DEVELOPMENT.—The Secretary of De- technology or process; fense shall develop the strategic plan re- and development that— (4) the total value of industry cost share, if quired by subsection (e) of section 2521 of ‘‘(1) is integrated with the strategic plan applicable; title 10, United States Code (as added by sub- for the National Nanotechnology Initiative (5) if applicable, the total value of cost section (a) of this section), so that the plan and the strategic plans of the Director of De- avoidance or cost savings directly attrib- goes into effect at the beginning of fiscal fense Research and Engineering, the military utable to the implementation of the tech- year 2009. departments, and the Defense Agencies; and nology or process; and (2) SUBMISSION.—Not later than the date on ‘‘(2) includes a clear strategy for (6) a description of any system perform- which the budget of the President for fiscal transitioning the research into products ance enhancements, technology performance year 2010 is submitted to Congress under sec- needed by the Department.’’. enhancements, or improvements in a manu- tion 1105 of title 31, United States Code, the facturing readiness level of a system or a (d) REPORTS.—Such section is further Secretary shall submit to the Committee on amended by adding at the end the following technology. Armed Services of the Senate and the Com- (c) DEFINITION.—For purposes of this sec- new subsection: mittee on Armed Services of the House of tion, the term ‘‘implementation’’ refers to— Representatives the plan specified in para- ‘‘(e) REPORTS.— (1) the use of a technology or process in the graph (1). ‘‘(1) IN GENERAL.—Not later than March 1 manufacture of defense materiel; of each of 2009, 2011, and 2013, the Under Sec- (2) the inclusion of a technology or process SEC. 239. MODIFICATION OF AUTHORITIES ON COORDINATION OF DEFENSE EXPER- retary of Defense for Acquisition, Tech- in the systems engineering plan for a pro- IMENTAL PROGRAM TO STIMULATE nology, and Logistics shall submit to the gram of record; or COMPETITIVE RESEARCH WITH congressional defense committees a report (3) the use of a technology or process for SIMILAR FEDERAL PROGRAMS. on the program. the manufacture of commercial items. Section 257(e)(2) of the National Defense ‘‘(2) MATTERS INCLUDED.—Each report (d) SCOPE.—The report shall include tech- Authorization Act for Fiscal Year 1995 (10 under paragraph (1) shall include the fol- nologies or processes developed with funds U.S.C. 2358 note) is amended by striking appropriated or otherwise made available for lowing: ‘‘shall’’ each place it appears and inserting ‘‘(A) A review of— the Manufacturing Technology programs of ‘‘may’’. the military departments and Defense Agen- ‘‘(i) the long-term challenges and specific cies for fiscal years 2003 through 2005. SEC. 240. ENHANCEMENT OF DEFENSE technical goals of the program; and NANOTECHNOLOGY RESEARCH AND ‘‘(ii) the progress made toward meeting SEC. 235. ASSESSMENT OF SUFFICIENCY OF TEST DEVELOPMENT PROGRAM. AND EVALUATION PERSONNEL. such challenges and achieving such goals. (a) PROGRAM PURPOSES.—Subsection (b) of (a) ASSESSMENT REQUIRED.—The Director ‘‘(B) An assessment of current and pro- section 246 of the Bob Stump National De- of Operational Test and Evaluation shall as- fense Authorization Act for Fiscal Year 2003 posed funding levels for the program, includ- sess whether the Director’s professional staff (Public Law 107–314; 116 Stat. 2500; 10 U.S.C. ing an assessment of the adequacy of such meets the requirement of section 139(j) of 2358 note) is amended— funding levels to support program activities. title 10, United States Code, that the staff be (1) in paragraph (2), by striking ‘‘in ‘‘(C) A review of the coordination of activi- sufficient to carry out the Director’s duties nanoscale research and development’’ and in- ties under the program within the Depart- and responsibilities. serting ‘‘in the National Nanotechnology Ini- ment of Defense, with other departments and (b) INCLUSION IN REPORT.—The Director agencies of the United States, and with the shall include the results of the assessment in tiative and with the National Nanotechnology Coordination Office under National Nanotechnology Initiative. the report, required by section 139(g) of title ‘‘(D) A review and analysis of the findings 10, United States Code, summarizing the section 3 of the 21st Century Nanotechnology and recommendations relating to the De- operational test and evaluation activities Research and Development Act (15 U.S.C. partment of Defense of the most recent tri- during fiscal year 2007. 7502)’’; and ennial external review of the National SEC. 236. REPEAL OF REQUIREMENT FOR SEPA- (2) in paragraph (3), by striking ‘‘portfolio RATE REPORTS ON TECHNOLOGY of fundamental and applied nanoscience and Nanotechnology Program under section 5 of AREA REVIEW AND ASSESSMENT engineering research initiatives’’ and insert- the 21st Century Nanotechnology Research SUMMARIES. ing ‘‘portfolio of nanotechnology research and Development Act (15 U.S.C. 1704), and a Subsection (c) of section 253 of the Na- and development initiatives’’. description of initiatives of the Department tional Defense Authorization Act for Fiscal (b) PROGRAM ADMINISTRATION.— to implement such recommendations.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.050 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H93 ‘‘(E) An assessment of technology transi- partment regulations, program structure, Sec. 323. Public-private competition at end tion from nanotechnology research and de- funding levels, funding strategy, or the ac- of period specified in perform- velopment to enhanced warfighting capabili- tivities of the State committees. ance agreement not required. ties, including contributions from the De- (7) Any other matters the Secretary con- Sec. 324. Guidelines on insourcing new and partment of Defense Small Business Innova- siders appropriate. contracted out functions. tive Research and Small Business Tech- SEC. 242. COST-BENEFIT ANALYSIS OF PROPOSED Sec. 325. Restriction on Office of Manage- nology Transfer Research programs, and the FUNDING REDUCTION FOR HIGH EN- ment and Budget influence over Department of Defense Manufacturing Tech- ERGY LASER SYSTEMS TEST FACIL- Department of Defense public- nology program, and an identification of ac- ITY. private competitions. quisition programs and deployed defense sys- (a) REPORT REQUIRED.—Not later than 90 Sec. 326. Bid protests by Federal employees tems that are incorporating days after the date of the enactment of this in actions under Office of Man- nanotechnologies. Act, the Secretary of Defense shall submit to agement and Budget Circular ‘‘(F) An assessment of global the congressional defense committees a re- A–76. nanotechnology research and development in port containing a cost-benefit analysis of the Sec. 327. Public-private competition re- areas of interest to the Department, includ- proposed reduction in Army research, devel- quired before conversion to con- ing an identification of the use of opment, test, and evaluation funding for the tractor performance. nanotechnologies in any foreign defense sys- High Energy Laser Systems Test Facility. Sec. 328. Extension of authority for Army tems. (b) EVALUATION OF IMPACT ON OTHER MILI- industrial facilities to engage ‘‘(G) An assessment of the defense TARY DEPARTMENTS.—The report required in cooperative activities with nanotechnology manufacturing and indus- under subsection (a) shall include an evalua- non-Army entities. trial base and its capability to meet the near tion of the impact of the proposed reduction Sec. 329. Reauthorization and modification and far term requirements of the Depart- in funding on each Department of Defense of multi-trades demonstration ment. organization or activity that utilizes the project. ‘‘(H) Such recommendations for additional High Energy Laser Systems Test Facility. Sec. 330. Pilot program for availability of activities under the program to meet emerg- SEC. 243. PROMPT GLOBAL STRIKE. working-capital funds to Army ing national security requirements as the (a) RESEARCH, DEVELOPMENT, AND TESTING for certain product improve- Under Secretary considers appropriate. PLAN.—The Secretary of Defense shall sub- ments. ‘‘(3) CLASSIFICATION.—Each report under mit to the congressional defense committees Subtitle D—Extension of Program paragraph (1) shall be submitted in unclassi- a research, development, and testing plan for Authorities fied form, but may include a classified prompt global strike program objectives for Sec. 341. Extension of Arsenal Support Pro- annex.’’. fiscal years 2008 through 2013. gram Initiative. SEC. 241. FEDERALLY FUNDED RESEARCH AND (b) PLAN FOR OBLIGATION AND EXPENDITURE Sec. 342. Extension of period for reimburse- DEVELOPMENT CENTER ASSESS- OF FUNDS.— ment for helmet pads purchased MENT OF THE DEFENSE EXPERI- (1) IN GENERAL.—The Under Secretary of by members of the Armed MENTAL PROGRAM TO STIMULATE Defense for Acquisition, Technology, and Lo- COMPETITIVE RESEARCH. Forces deployed in contingency gistics shall submit to the congressional de- (a) ASSESSMENT REQUIRED.—The Secretary operations. fense committees a plan for obligation and of Defense shall— Sec. 343. Extension of temporary authority expenditure of funds available for prompt (1) utilize a defense federally funded re- for contract performance of se- global strike for fiscal year 2008. The plan search and development center to carry out curity guard functions. shall include correlations between each tech- an assessment of the effectiveness of the De- nology application being developed in fiscal Subtitle E—Reports fense Experimental Program to Stimulate year 2008 and the prompt global strike alter- Sec. 351. Reports on National Guard readi- Competitive Research; and native or alternatives toward which the ness for emergencies and major (2) not later than nine months after the technology application applies. disasters. date of the enactment of this Act, submit to (2) LIMITATION.—The Under Secretary shall Sec. 352. Annual report on prepositioned ma- the Committees on Armed Services of the not implement the plan required by para- teriel and equipment. Senate and the House of Representatives a graph (1) until at least 10 days after the plan Sec. 353. Report on incremental cost of early report on that assessment. is submitted as required by that paragraph. 2007 enhanced deployment. (b) MATTERS ASSESSED.—The report under Sec. 354. Modification of requirements of subsection (a) shall include the following: TITLE III—OPERATION AND Comptroller General report on (1) A description and assessment of the MAINTENANCE the readiness of Army and Ma- tangible results and progress toward the ob- Subtitle A—Authorization of Appropriations rine Corps ground forces. jectives of the program, including— Sec. 301. Operation and maintenance fund- Sec. 355. Plan to improve readiness of (A) an identification of any past program ing. ground forces of active and re- activities that led to, or were fundamental Subtitle B—Environmental Provisions serve components. to, applications used by, or supportive of, Sec. 356. Independent assessment of Civil operational users; and Sec. 311. Reimbursement of Environmental Reserve Air Fleet viability. (B) an assessment of whether the program Protection Agency for certain Sec. 357. Department of Defense Inspector has expanded the national research infra- costs in connection with Moses General report on physical se- structure. Lake Wellfield Superfund Site, curity of Department of De- (2) An assessment whether the activities Moses Lake, Washington. fense installations. undertaken under the program are con- Sec. 312. Reimbursement of Environmental Sec. 358. Review of high-altitude aviation sistent with the statute authorizing the pro- Protection Agency for certain training. gram. costs in connection with the Sec. 359. Reports on safety measures and en- (3) An assessment whether the various ele- Arctic Surplus Superfund Site, croachment issues and master ments of the program, such as structure, Fairbanks, Alaska. plan for Warren Grove Gunnery funding, staffing, project solicitation and se- Sec. 313. Payment to Environmental Protec- Range, New Jersey. lection, and administration, are working ef- tion Agency of stipulated pen- Sec. 360. Report on search and rescue capa- fectively and efficiently to support the effec- alties in connection with Jack- bilities of the Air Force in the tive execution of the program. son Park Housing Complex, northwestern United States. (4) A description and assessment of past Washington. Sec. 361. Report and master infrastructure and ongoing activities of State planning Sec. 314. Report on control of the brown tree recapitalization plan for Chey- committees under the program in supporting snake. enne Mountain Air Station, the achievement of the objectives of the pro- Sec. 315. Notification of certain residents Colorado. gram. and civilian employees at Camp (5) An analysis of the advantages and dis- Lejeune, North Carolina, of ex- Subtitle F—Other Matters advantages of having an institution-based posure to drinking water con- Sec. 371. Enhancement of corrosion control formula for qualification to participate in tamination. and prevention functions with- the program when compared with the advan- Subtitle C—Workplace and Depot Issues in Department of Defense. tages and disadvantages of having a State- Sec. 321. Availability of funds in Defense In- Sec. 372. Authority for Department of De- based formula for qualification to partici- formation Systems Agency fense to provide support for cer- pate in supporting defense missions and the Working Capital Fund for tech- tain sporting events. objective of expanding the Nation’s defense nology upgrades to Defense In- Sec. 373. Authority to impose reasonable re- research infrastructure. formation Systems Network. strictions on payment of full (6) An identification of mechanisms for im- Sec. 322. Modification to public-private com- replacement value for lost or proving the management and implementa- petition requirements before damaged personal property tion of the program, including modification conversion to contractor per- transported at Government ex- of the statute authorizing the program, De- formance. pense.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.050 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H94 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Sec. 374. Priority transportation on Depart- tered into by the Department of the Army numbers on military installations and in ment of Defense aircraft of re- and the Environmental Protection Agency other areas on Guam, and constitutes a seri- tired members residing in Com- for the Moses Lake Wellfield Superfund Site ous threat to the ecology of Guam. monwealths and possessions of in March 1999. (2) If introduced into Hawaii, the Common- the United States for certain (b) SOURCE OF FUNDS.—Any payment under wealth of the Northern Mariana Islands, or health care services. subsection (a) shall be made using funds au- the continental United States, the brown Sec. 375. Recovery of missing military prop- thorized to be appropriated by section 301(16) tree snake would pose an immediate and se- erty. for operation and maintenance for Environ- rious economic and ecological threat. Sec. 376. Retention of combat uniforms by mental Restoration, Defense-wide. (3) The most probable vector for the intro- members of the Armed Forces (c) USE OF FUNDS.—The Environmental duction of the brown tree snake into Hawaii, deployed in support of contin- Protection Agency shall use the amount gency operations. transferred under subsection (a) to pay costs the Commonwealth of the Northern Mariana Sec. 377. Issue of serviceable material of the incurred by the Agency at the Moses Lake Islands, or the continental United States is Navy other than to Armed Wellfield Superfund Site. the movement from Guam of military air- craft, personnel, and cargo, including the Forces. SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL Sec. 378. Reauthorization of Aviation Insur- PROTECTION AGENCY FOR CERTAIN household goods of military personnel and ance Program. COSTS IN CONNECTION WITH THE other military assets. Subtitle A—Authorization of Appropriations ARCTIC SURPLUS SUPERFUND SITE, (4) It is probable that the movement of FAIRBANKS, ALASKA. military aircraft, personnel, and cargo, in- SEC. 301. OPERATION AND MAINTENANCE FUND- (a) AUTHORITY TO REIMBURSE.— ING. cluding the household goods of military per- (1) TRANSFER AMOUNT.—Using funds de- Funds are hereby authorized to be appro- sonnel, from Guam to Hawaii, the Common- scribed in subsection (b), the Secretary of wealth of the Northern Mariana Islands, or priated for fiscal year 2008 for the use of the Defense may, notwithstanding section 2215 of the continental United States will increase Armed Forces and other activities and agen- title 10, United States Code, transfer not significantly coincident with the increase in cies of the Department of Defense for ex- more than $186,625.38 to the Hazardous Sub- the number of military units and personnel penses, not otherwise provided for, for oper- stance Superfund. stationed on Guam. ation and maintenance, in amounts as fol- (2) PURPOSE OF REIMBURSEMENT.—The pay- lows: ment under paragraph (1) is to reimburse the (5) Current policies, programs, procedures, (1) For the Army, $28,787,219,000. Environmental Protection Agency for costs and dedicated resources of the Department of (2) For the Navy, $33,355,683,000. incurred pursuant to the agreement known Defense and of other departments and agen- (3) For the Marine Corps, $4,967,193,000. as ‘‘In the Matter of Arctic Surplus Super- cies of the United States may not be suffi- (4) For the Air Force, $33,118,462,000. fund Site, U.S. EPA Docket Number cient to adequately address the manage- (5) For Defense-wide activities, CERCLA–10–2003–0114: Administrative Order ment, control, and eradication of the brown $22,500,253,000. on Consent for Remedial Design and Reme- tree snake on Guam and the increasing (6) For the Army Reserve, $2,509,862,000. dial Action’’, entered into by the Depart- threat of the introduction of the brown tree (7) For the Navy Reserve, $1,186,883,000. ment of Defense and the Environmental Pro- snake from Guam into Hawaii, the Common- (8) For the Marine Corps Reserve, tection Agency on December 11, 2003. wealth of the Northern Mariana Islands, the $208,637,000. (b) SOURCE OF FUNDS.—Any payment under continental United States, or other non-na- (9) For the Air Force Reserve, $2,821,817,000. subsection (a) shall be made using funds au- tive environments. (10) For the Army National Guard, thorized to be appropriated by section 301(16) $5,857,409,000. for operation and maintenance for Environ- (b) REPORT.—Not later than 180 days after (11) For the Air National Guard, mental Restoration, Defense-wide. the date of the enactment of this Act, the $5,456,668,000. (c) USE OF FUNDS.—The Environmental Secretary of Defense shall submit to the con- (12) For the United States Court of Appeals Protection Agency shall use the amount gressional defense committees a report on for the Armed Forces, $11,971,000. transferred under subsection (a) to pay costs the following: (13) For Environmental Restoration, Army, incurred by the Agency pursuant to the (1) The actions currently being taken (in- $434,879,000. agreement described in paragraph (2) of such cluding the resources being made available) (14) For Environmental Restoration, Navy, subsection. by the Department of Defense to control, and $300,591,000. SEC. 313. PAYMENT TO ENVIRONMENTAL PRO- to develop new or existing techniques to con- (15) For Environmental Restoration, Air TECTION AGENCY OF STIPULATED trol, the brown tree snake on Guam and to Force, $458,428,000. PENALTIES IN CONNECTION WITH (16) For Environmental Restoration, De- JACKSON PARK HOUSING COMPLEX, prevent the introduction of the brown tree fense-wide, $12,751,000. WASHINGTON. snake into Hawaii, the Commonwealth of the (17) For Environmental Restoration, For- (a) AUTHORITY TO TRANSFER FUNDS.— Northern Mariana Island, the continental merly Used Defense Sites, $270,249,000. (1) TRANSFER AMOUNT.—Using funds de- United States, or any other non-native envi- (18) For Overseas Humanitarian, Disaster, scribed in subsection (b), the Secretary of ronment as a result of the movement from and Civic Aid programs, $103,300,000. the Navy may, notwithstanding section 2215 Guam of military aircraft, personnel, and (19) For Former Soviet Union Threat Re- of title 10, United States Code, transfer not cargo, including the household goods of mili- duction programs, $428,048,000. more than $40,000.00 to the Hazardous Sub- tary personnel and other military assets. (20) For the Overseas Contingency Oper- stance Superfund. Such actions shall include any actions taken ations Transfer Fund, $5,000,000. (2) PURPOSE OF TRANSFER.—The payment by the Department of Defense to implement Subtitle B—Environmental Provisions under paragraph (1) is to pay a stipulated the recommendations of the Brown Tree penalty assessed by the Environmental Pro- SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL Snake Review Panel commissioned by the PROTECTION AGENCY FOR CERTAIN tection Agency on October 25, 2005, against Department of the Interior, as contained in COSTS IN CONNECTION WITH MOSES the Jackson Park Housing Complex, Wash- the Review Panel’s final report entitled ‘‘Re- LAKE WELLFIELD SUPERFUND SITE, ington, for the failure by the Navy to timely view of Brown Tree Snake Problems and MOSES LAKE, WASHINGTON. submit a draft final Phase II Remedial Inves- Control Programs’’ published in March 2005. (a) AUTHORITY TO REIMBURSE.— tigation Work Plan for the Jackson Park (2) Current plans for enhanced future ac- (1) TRANSFER AMOUNT.—Using funds de- Housing Complex Operable Unit (OU–3T– tions, policies, and procedures and increased scribed in subsection (b), the Secretary of JPHC) pursuant to a schedule included in an levels of resources in order to ensure that Defense may, notwithstanding section 2215 of Interagency Agreement (Administrative the projected increase of military personnel Docket No. CERCLA–10–2005–0023). title 10, United States Code, transfer not stationed on Guam does not increase the more than $91,588.51 to the Moses Lake (b) SOURCE OF FUNDS.—Any payment under threat of introduction of the brown tree Wellfield Superfund Site 10–6J Special Ac- subsection (a) shall be made using funds au- snake from Guam into Hawaii, the Common- count. thorized to be appropriated by section 301(14) wealth of the Northern Mariana Islands, the (2) PURPOSE OF REIMBURSEMENT.—The pay- for operation and maintenance for Environ- ment under paragraph (1) is to reimburse the mental Restoration, Navy. continental United States, or other non-na- Environmental Protection Agency for its (c) USE OF FUNDS.—The amount transferred tive environments. costs incurred in overseeing a remedial in- under subsection (a) shall be used by the En- (3) The results of management, control, vestigation/feasibility study performed by vironmental Protection Agency to pay the and eradication carried out by the Secretary the Department of the Army under the De- penalty described under paragraph (2) of such of Defense, in consultation with the Sec- fense Environmental Restoration Program subsection. retary of the Interior, before the date on at the former Larson Air Force Base, Moses SEC. 314. REPORT ON CONTROL OF THE BROWN which the report is submitted with respect Lake Superfund Site, Moses Lake, Wash- TREE SNAKE. to brown tree snakes through the integrated ington. (a) FINDINGS.—Congress finds the fol- natural resource management plans prepared (3) INTERAGENCY AGREEMENT.—The reim- lowing: for military installations in Guam under the bursement described in paragraph (2) is pro- (1) The brown tree snake (Boiga irregularis), pilot program authorized by section 101(g) of vided for in the interagency agreement en- an invasive species, is found in significant the Sikes Act (16 U.S.C. 670a(g)).

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.051 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H95 SEC. 315. NOTIFICATION OF CERTAIN RESIDENTS subsections (a), (b), and (c). Media notifica- ‘‘(iii) offering to such workers a retirement AND CIVILIAN EMPLOYEES AT CAMP tion may reach those individuals not identi- benefit that, in any year, costs less than the LEJEUNE, NORTH CAROLINA, OF EX- fiable via remaining records. Once individ- annual retirement cost factor applicable to POSURE TO DRINKING WATER CON- uals respond to media notifications, the Sec- civilian employees of the Department of De- TAMINATION. retary will add them to the contact list to be fense under chapter 84 of title 5; and’’. (a) NOTIFICATION OF INDIVIDUALS SERVED BY included in future information updates. TARAWA TERRACE WATER DISTRIBUTION SYS- (b) CONFORMING AMENDMENTS.—Such title TEM, INCLUDING KNOX TRAILER PARK.—Not Subtitle C—Workplace and Depot Issues is further amended— later than 1 year after the date of the enact- SEC. 321. AVAILABILITY OF FUNDS IN DEFENSE (1) by striking section 2467; and ment of this Act, the Secretary of the Navy INFORMATION SYSTEMS AGENCY (2) in section 2461— shall make reasonable efforts to identify and WORKING CAPITAL FUND FOR TECH- (A) by redesignating subsections (b) notify directly individuals who were served NOLOGY UPGRADES TO DEFENSE IN- through (d) as subsections (c) through (e), re- FORMATION SYSTEMS NETWORK. by the Tarawa Terrace Water Distribution spectively; and (a) IN GENERAL.—Notwithstanding section System, including Knox Trailer Park, at (B) by inserting after subsection (a) the 2208 of title 10, United States Code, funds in following new subsection (b): Camp Lejeune, North Carolina, during the the Defense Information Systems Agency ‘‘(b) REQUIREMENT TO CONSULT DOD EM- years 1958 through 1987 that they may have Working Capital Fund may be used for ex- been exposed to drinking water contami- PLOYEES.—(1) Each officer or employee of the penses directly related to technology up- Department of Defense responsible for deter- nated with tetrachloroethylene (PCE). grades to the Defense Information Systems (b) NOTIFICATION OF INDIVIDUALS SERVED BY mining under Office of Management and Network. HADNOT POINT WATER DISTRIBUTION SYS- Budget Circular A–76 whether to convert to (b) LIMITATION ON CERTAIN PROJECTS.— contractor performance any function of the TEM.—Not later than 1 year after the Agency Funds may not be used under subsection (a) Department of Defense— for Toxic Substances and Disease Registry for— ‘‘(A) shall, at least monthly during the de- (ATSDR) completes its water modeling study (1) any technology insertion to the Defense velopment and preparation of the perform- of the Hadnot Point water distribution sys- Information Systems Network that signifi- ance work statement and the management tem, the Secretary of the Navy shall make cantly changes the performance envelope of efficiency study used in making that deter- reasonable efforts to identify and notify di- an end item; or mination, consult with civilian employees rectly individuals who were served by the (2) any component with an estimated total who will be affected by that determination system during the period identified in the cost in excess of $500,000. and consider the views of such employees on study of the drinking water contamination (c) LIMITATION IN FISCAL YEAR PENDING the development and preparation of that to which they may have been exposed. TIMELY REPORT.—If in any fiscal year the re- (c) NOTIFICATION OF FORMER CIVILIAN EM- port required by paragraph (1) of subsection statement and that study; and PLOYEES AT CAMP LEJEUNE.—Not later than 1 (d) is not submitted by the date specified in ‘‘(B) may consult with such employees on year after the date of the enactment of this paragraph (2) of subsection (d), funds may other matters relating to that determina- Act, the Secretary of the Navy shall make not be used under subsection (a) in such fis- tion. reasonable efforts to identify and notify di- cal year during the period— ‘‘(2)(A) In the case of employees rep- rectly civilian employees who worked at (1) beginning on the date specified in para- resented by a labor organization accorded ex- Camp Lejeune during the period identified in graph (2) of subsection (d); and clusive recognition under section 7111 of title the ATSDR drinking water study of the (2) ending on the date of the submittal of 5, consultation with representatives of that drinking water contamination to which they the report under paragraph (1) of subsection labor organization shall satisfy the consulta- may have been exposed. (d). tion requirement in paragraph (1). (d) CIRCULATION OF HEALTH SURVEY.— (d) ANNUAL REPORT.— ‘‘(B) In the case of employees other than (1) FINDINGS.—Congress makes the fol- (1) IN GENERAL.—The Director of the De- employees referred to in subparagraph (A), lowing findings: fense Information Systems Agency shall sub- consultation with appropriate representa- (A) Notification and survey efforts related mit to the congressional defense committees tives of those employees shall satisfy the to the drinking water contamination de- each fiscal year a report on the use of the au- consultation requirement in paragraph (1). scribed in this section are necessary due to thority in subsection (a) during the pre- ‘‘(C) The Secretary of Defense shall pre- the potential negative health impacts of ceding fiscal year. scribe regulations to carry out this sub- these contaminants. (2) DEADLINE FOR SUBMITTAL.—The report section. The regulations shall include provi- (B) The Secretary of the Navy will not be required by paragraph (1) in a fiscal year sions for the selection or designation of ap- able to identify or contact all former resi- shall be submitted not later than 60 days propriate representatives of employees re- dents and former employees due to the con- after the date of the submittal to Congress of ferred to in subparagraph (B) for purposes of dition, non-existence, or accessibility of the budget of the President for the suc- the consultation required by paragraph (1).’’. records. ceeding fiscal year pursuant to section 1105 (c) TECHNICAL AMENDMENTS.—Section 2461 (C) It is the intent of Congress that the of title 31, United States Code. of such title, as amended by this section, is Secretary of the Navy contact as many (e) SUNSET.—The authority in subsection further amended— former residents and former employees as (a) shall expire on October 1, 2011. (1) in subsection (a)(1)— quickly as possible. SEC. 322. MODIFICATION TO PUBLIC-PRIVATE (A) in subparagraph (B), by inserting after (2) ATSDR HEALTH SURVEY.— COMPETITION REQUIREMENTS BE- ‘‘2003’’ the following: ‘‘, or any successor cir- (A) DEVELOPMENT.— FORE CONVERSION TO CON- cular’’; and (i) IN GENERAL.—Not later than 120 days TRACTOR PERFORMANCE. (B) in subparagraph (D), by striking ‘‘and after the date of the enactment of this Act, (a) COMPARISON OF RETIREMENT SYSTEM reliability’’ and inserting ‘‘, reliability, and the ATSDR, in consultation with a well- COSTS.—Section 2461(a)(1) of title 10, United timeliness’’; and qualified contractor selected by the ATSDR, States Code, is amended— (2) in subsection (c)(2), as redesignated by shall develop a health survey that would vol- (1) in subparagraph (F), by striking ‘‘and’’ subsection (b)(2), by inserting ‘‘of’’ after ‘‘ex- untarily request of individuals described in at the end; amination’’. subsections (a), (b), and (c) personal health (2) by redesignating subparagraph (G) as information that may lead to scientifically subparagraph (H); and (d) CLERICAL AMENDMENT.—The table of useful health information associated with (3) by inserting after subparagraph (F) the sections at the beginning of chapter 146 of exposure to trichloroethylene (TCE), PCE, following new subparagraph (G): such title is amended by striking the item vinyl chloride, and the other contaminants ‘‘(G) requires that the contractor shall not relating to section 2467. identified in the ATSDR studies that may receive an advantage for a proposal that SEC. 323. PUBLIC-PRIVATE COMPETITION AT END provide a basis for further reliable scientific would reduce costs for the Department of De- OF PERIOD SPECIFIED IN PERFORM- studies of potentially adverse health impacts fense by— ANCE AGREEMENT NOT REQUIRED. of exposure to contaminated water at Camp ‘‘(i) not making an employer-sponsored Section 2461(a) of title 10, United States Lejeune. health insurance plan (or payment that Code, is amended by adding at the end the (ii) FUNDING.—The Secretary of the Navy is could be used in lieu of such a plan), health following new paragraph: authorized to provide from available funds savings account, or medical savings account ‘‘(4) A military department or Defense the necessary funding for the ATSDR to de- available to the workers who are to be em- Agency may not be required to conduct a velop the health survey. ployed to perform the function under the public-private competition under Office of (B) INCLUSION WITH NOTIFICATION.—The sur- contract; Management and Budget Circular A–76 or vey developed under subparagraph (A) shall ‘‘(ii) offering to such workers an employer- any other provision of law at the end of the be distributed by the Secretary of the Navy sponsored health benefits plan that requires performance period specified in a letter of concurrently with the direct notification re- the employer to contribute less towards the obligation or other agreement entered into quired under subsections (a), (b), and (c). premium or subscription share than the with Department of Defense civilian employ- (e) USE OF MEDIA TO SUPPLEMENT NOTIFI- amount that is paid by the Department of ees pursuant to a public-private competition CATION.—The Secretary of the Navy may use Defense for health benefits for civilian em- for any function of the Department of De- media notification as a supplement to direct ployees of the Department under chapter 89 fense performed by Department of Defense notification of individuals described under of title 5; or civilian employees.’’.

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.051 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H96 CONGRESSIONAL RECORD — HOUSE January 16, 2008 SEC. 324. GUIDELINES ON INSOURCING NEW AND title for the purpose of identifying functions SEC. 326. BID PROTESTS BY FEDERAL EMPLOY- CONTRACTED OUT FUNCTIONS. that should be considered for performance by EES IN ACTIONS UNDER OFFICE OF (a) CODIFICATION AND REVISION OF REQUIRE- Department of Defense civilian employees MANAGEMENT AND BUDGET CIR- MENT FOR GUIDELINES.— pursuant to subsection (b). CULAR A–76. (1) IN GENERAL.—Chapter 146 of title 10, ‘‘(e) DEFINITIONS.—In this section the term (a) ELIGIBILITY TO PROTEST PUBLIC-PRI- United States Code, is amended by inserting ‘functions closely associated with inherently VATE COMPETITIONS.—Section 3551(2) of title after section 2462 the following new section: governmental functions’ has the meaning 31, United States Code, is amended to read as follows: ‘‘§ 2463. Guidelines and procedures for use of given that term in section 2383(b)(3) of this ‘‘(2) The term ‘interested party’— civilian employees to perform Department title.’’. ‘‘(A) with respect to a contract or a solici- of Defense functions (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is tation or other request for offers described in ‘‘(a) GUIDELINES REQUIRED.—(1) The Under paragraph (1), means an actual or prospec- Secretary of Defense for Personnel and Read- amended by inserting after the item relating to section 2462 the following new item: tive bidder or offeror whose direct economic iness shall devise and implement guidelines interest would be affected by the award of ‘‘2463. Guidelines and procedures for use of and procedures to ensure that consideration the contract or by failure to award the con- is given to using, on a regular basis, Depart- civilian employees to perform tract; and ment of Defense civilian employees to per- Department of Defense func- ‘‘(B) with respect to a public-private com- form new functions and functions that are tions.’’. petition conducted under Office of Manage- performed by contractors and could be per- (3) DEADLINE FOR ISSUANCE OF GUIDELINES ment and Budget Circular A–76 with respect formed by Department of Defense civilian AND PROCEDURES.—The Secretary of Defense to the performance of an activity or function employees. The Secretary of a military de- shall implement the guidelines and proce- of a Federal agency, or a decision to convert partment may prescribe supplemental regu- dures required under section 2463 of title 10, a function performed by Federal employees lations, if the Secretary determines such United States Code, as added by paragraph to private sector performance without a regulations are necessary for implementing (1), by not later than 60 days after the date competition under Office of Management and such guidelines within that military depart- of the enactment of this Act. ment. Budget Circular A–76, includes— (b) INSPECTOR GENERAL REPORT.—Not later ‘‘(i) any official who submitted the agency ‘‘(2) The guidelines and procedures required than 180 days after the date of the enactment under paragraph (1) may not include any spe- tender in such competition; and of this Act, the Inspector General of the De- ‘‘(ii) any one individual who, for the pur- cific limitation or restriction on the number partment of Defense shall submit to the con- of functions or activities that may be con- pose of representing the Federal employees gressional defense committees a report on engaged in the performance of the activity verted to performance by Department of De- the implementation of this section and the fense civilian employees. or function for which the public-private com- amendments made by this section. petition is conducted in a protest under this ‘‘(b) SPECIAL CONSIDERATION FOR CERTAIN (c) CONFORMING REPEAL.—The National De- subchapter that relates to such public-pri- FUNCTIONS.—The guidelines and procedures fense Authorization Act for Fiscal Year 2006 vate competition, has been designated as the required under subsection (a) shall provide (Public Law 109–163) is amended by striking agent of the Federal employees by a major- for special consideration to be given to using section 343. ity of such employees.’’. Department of Defense civilian employees to SEC. 325. RESTRICTION ON OFFICE OF MANAGE- (b) EXPEDITED ACTION.— perform any function that— MENT AND BUDGET INFLUENCE ‘‘(1) is performed by a contractor and— OVER DEPARTMENT OF DEFENSE (1) IN GENERAL.—Subchapter V of chapter ‘‘(A) has been performed by Department of PUBLIC-PRIVATE COMPETITIONS. 35 of such title is amended by adding at the Defense civilian employees at any time dur- (a) RESTRICTION ON OFFICE OF MANAGEMENT end the following new section: ing the previous 10 years; AND BUDGET.—The Office of Management and ‘‘§ 3557. Expedited action in protests of Pub- ‘‘(B) is a function closely associated with Budget may not direct or require the Sec- lic-Private competitions the performance of an inherently govern- retary of Defense or the Secretary of a mili- ‘‘For any protest of a public-private com- mental function; tary department to prepare for, undertake, petition conducted under Office of Manage- ‘‘(C) has been performed pursuant to a con- continue, or complete a public-private com- ment and Budget Circular A–76 with respect tract awarded on a non-competitive basis; or petition or direct conversion of a Depart- to the performance of an activity or function ‘‘(D) has been performed poorly, as deter- ment of Defense function to performance by of a Federal agency, the Comptroller General mined by a contracting officer during the 5- a contractor under Office of Management shall administer the provisions of this sub- year period preceding the date of such deter- and Budget Circular A–76, or any other suc- chapter in the manner best suited for expe- mination, because of excessive costs or infe- cessor regulation, directive, or policy. diting the final resolution of the protest and rior quality; or (b) RESTRICTION ON SECRETARY OF DE- the final action in the public-private com- ‘‘(2) is a new requirement, with particular FENSE.—The Secretary of Defense or the Sec- petition.’’. emphasis given to a new requirement that is retary of a military department may not (2) CLERICAL AMENDMENT.—The chapter similar to a function previously performed prepare for, undertake, continue, or com- analysis at the beginning of such chapter is by Department of Defense civilian employees plete a public-private competition or direct amended by inserting after the item relating or is a function closely associated with the conversion of a Department of Defense func- to section 3556 the following new item: performance of an inherently governmental tion to performance by a contractor under ‘‘3557. Expedited action in protests of public- function. Office of Management and Budget Circular private competitions.’’. A–76, or any other successor regulation, di- ‘‘(c) EXCLUSION OF CERTAIN FUNCTIONS (c) RIGHT TO INTERVENE IN CIVIL ACTION.— FROM COMPETITIONS.—The Secretary of De- rective, or policy by reason of any direction Section 1491(b) of title 28, United States fense may not conduct a public-private com- or requirement provided by the Office of Code, is amended by adding at the end the petition under this chapter, Office of Man- Management and Budget. following new paragraph: agement and Budget Circular A–76, or any (c) INSPECTOR GENERAL REVIEW.— ‘‘(5) If an interested party who is a member other provision of law or regulation before— (1) COMPREHENSIVE REVIEW REQUIRED.—The of the private sector commences an action ‘‘(1) in the case of a new Department of De- Inspector General of the Department of De- described in paragraph (1) with respect to a fense function, assigning the performance of fense shall conduct a comprehensive review public-private competition conducted under the function to Department of Defense civil- of the compliance of the Secretary of De- Office of Management and Budget Circular ian employees; fense and the Secretaries of the military de- A–76 regarding the performance of an activ- ‘‘(2) in the case of any Department of De- partments with the requirements of this sec- ity or function of a Federal agency, or a de- fense function described in subsection (b), tion during calendar year 2008. The Inspector cision to convert a function performed by converting the function to performance by General shall submit to the congressional de- Federal employees to private sector perform- Department of Defense civilian employees; fense committees the following reports on ance without a competition under Office of or the comprehensive review: Management and Budget Circular A–76, then ‘‘(3) in the case of a Department of Defense (A) An interim report, to be submitted by an interested party described in section function performed by Department of De- not later than 90 days after the date of the 3551(2)(B) of title 31 shall be entitled to inter- fense civilian employees, expanding the enactment of this Act. vene in that action.’’. scope of the function. (B) A final report, to be submitted by not (d) APPLICABILITY.—Subparagraph (B) of ‘‘(d) USE OF FLEXIBLE HIRING AUTHORITY.— later than December 31, 2008. section 3551(2) of title 31, United States Code (1) The Secretary of Defense may use the (2) INSPECTOR GENERAL ACCESS.—For the (as added by subsection (a)), and paragraph flexible hiring authority available to the purpose of determining compliance with the (5) of section 1491(b) of title 28, United States Secretary under the National Security Per- requirements of this section, the Secretary Code (as added by subsection (c)), shall apply sonnel System, as established pursuant to of Defense shall ensure that the Inspector to— section 9902 of title 5, to facilitate the per- General has access to all Department records (1) a protest or civil action that challenges formance by Department of Defense civilian of relevant communications between Depart- final selection of the source of performance employees of functions described in sub- ment officials and officials of other depart- of an activity or function of a Federal agen- section (b). ments and agencies of the Federal Govern- cy that is made pursuant to a study initiated ‘‘(2) The Secretary shall make use of the ment, whether such communications oc- under Office of Management and Budget Cir- inventory required by section 2330a(c) of this curred inside or outside of the Department. cular A–76 on or after January 1, 2004; and

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(2) any other protest or civil action that ‘‘(b) REQUIREMENT TO CONSULT EMPLOY- representative entity authorized to pose the relates to a public-private competition initi- EES.—(1) Each civilian employee of an execu- objection first knew or should have known of ated under Office of Management and Budget tive agency responsible for determining that failure. Circular A–76, or to a decision to convert a under Office of Management and Budget Cir- ‘‘(ii) In the case of a failure to include the function performed by Federal employees to cular A–76 whether to convert to contractor certification in a submitted report, the date private sector performance without a com- performance any function of the executive on which the report was submitted to Con- petition under Office of Management and agency— gress. Budget Circular A–76, on or after the date of ‘‘(A) shall, at least monthly during the de- ‘‘(B) If the head of the executive agency de- the enactment of this Act. velopment and preparation of the perform- termines that the report required by para- SEC. 327. PUBLIC-PRIVATE COMPETITION RE- ance work statement and the management graph (1) was not submitted or that the re- QUIRED BEFORE CONVERSION TO efficiency study used in making that deter- quired certification was not included in the CONTRACTOR PERFORMANCE. mination, consult with civilian employees submitted report, the function for which the (a) IN GENERAL.—The Office of Federal Pro- who will be affected by that determination public-private competition was conducted curement Policy Act (41 U.S.C. 403 et seq.) is and consider the views of such employees on for which the objection was submitted may amended by adding at the end the following the development and preparation of that not be the subject of a solicitation of offers new section: statement and that study; and for, or award of, a contract until, respec- ‘‘SEC. 43. PUBLIC-PRIVATE COMPETITION RE- ‘‘(B) may consult with such employees on tively, the report is submitted or a report QUIRED BEFORE CONVERSION TO other matters relating to that determina- containing the certification in full compli- CONTRACTOR PERFORMANCE. tion. ance with the certification requirement is ‘‘(a) PUBLIC-PRIVATE COMPETITION.—(1) A ‘‘(2)(A) In the case of employees rep- submitted. function of an executive agency performed resented by a labor organization accorded ex- ‘‘(d) EXEMPTION FOR THE PURCHASE OF by 10 or more agency civilian employees may clusive recognition under section 7111 of title PRODUCTS AND SERVICES OF THE BLIND AND not be converted, in whole or in part, to per- 5, United States Code, consultation with rep- OTHER SEVERELY HANDICAPPED PERSONS.— formance by a contractor unless the conver- resentatives of that labor organization shall This section shall not apply to a commercial sion is based on the results of a public-pri- satisfy the consultation requirement in para- or industrial type function of an executive vate competition that— graph (1). agency that— ‘‘(A) formally compares the cost of per- ‘‘(B) In the case of employees other than ‘‘(1) is included on the procurement list es- formance of the function by agency civilian employees referred to in subparagraph (A), tablished pursuant to section 2 of the Javits- employees with the cost of performance by a consultation with appropriate representa- Wagner-O’Day Act (41 U.S.C. 47); or contractor; tives of those employees shall satisfy the ‘‘(2) is planned to be changed to perform- ‘‘(B) creates an agency tender, including a consultation requirement in paragraph (1). ance by a qualified nonprofit agency for the most efficient organization plan, in accord- ‘‘(C) The head of each executive agency blind or by a qualified nonprofit agency for ance with Office of Management and Budget shall prescribe regulations to carry out this other severely handicapped persons in ac- Circular A–76, as implemented on May 29, subsection. The regulations shall include cordance with that Act. 2003, or any successor circular; provisions for the selection or designation of ‘‘(e) INAPPLICABILITY DURING WAR OR EMER- ‘‘(C) includes the issuance of a solicitation; appropriate representatives of employees re- GENCY.—The provisions of this section shall ‘‘(D) determines whether the submitted of- ferred to in paragraph (2)(B) for purposes of not apply during war or during a period of fers meet the needs of the executive agency consultation required by paragraph (1). national emergency declared by the Presi- with respect to factors other than cost, in- ‘‘(c) CONGRESSIONAL NOTIFICATION.—(1) Be- dent or Congress.’’. cluding quality, reliability, and timeliness; fore commencing a public-private competi- (b) CLERICAL AMENDMENT.—The table of ‘‘(E) examines the cost of performance of tion under subsection (a), the head of an ex- sections in section 1(b) of such Act is amend- the function by agency civilian employees ecutive agency shall submit to Congress a re- ed by adding at the end the following new and the cost of performance of the function port containing the following: item: by one or more contractors to demonstrate ‘‘(A) The function for which such public- ‘‘Sec. 43. Public-private competition re- whether converting to performance by a con- private competition is to be conducted. quired before conversion to con- tractor will result in savings to the Govern- ‘‘(B) The location at which the function is tractor performance.’’. ment over the life of the contract, includ- performed by agency civilian employees. SEC. 328. EXTENSION OF AUTHORITY FOR ARMY ing— ‘‘(C) The number of agency civilian em- INDUSTRIAL FACILITIES TO ENGAGE ‘‘(i) the estimated cost to the Government ployee positions potentially affected. IN COOPERATIVE ACTIVITIES WITH (based on offers received) for performance of ‘‘(D) The anticipated length and cost of the NON-ARMY ENTITIES. the function by a contractor; public-private competition, and a specific (a) EXTENSION OF AUTHORITY.—Section 4544 ‘‘(ii) the estimated cost to the Government identification of the budgetary line item of title 10, United States Code, is amended— for performance of the function by agency ci- from which funds will be used to cover the (1) in subsection (a), by adding at the end vilian employees; and cost of the public-private competition. the following: ‘‘This authority may be used ‘‘(iii) an estimate of all other costs and ex- ‘‘(E) A certification that a proposed per- to enter into not more than eight contracts penditures that the Government would incur formance of the function by a contractor is or cooperative agreements.’’; and because of the award of such a contract; not a result of a decision by an official of an (2) in subsection (k), by striking ‘‘2009’’ and ‘‘(F) requires continued performance of the executive agency to impose predetermined inserting ‘‘2014’’. function by agency civilian employees unless constraints or limitations on such employees (b) REPORTS.— the difference in the cost of performance of in terms of man years, end strengths, full- (1) ANNUAL REPORT ON USE OF AUTHORITY.— the function by a contractor compared to the time equivalent positions, or maximum The Secretary of the Army shall submit to cost of performance of the function by agen- number of employees. Congress at the same time the budget of the cy civilian employees would, over all per- ‘‘(2) The report required under paragraph President is submitted to Congress for fiscal formance periods required by the solicita- (1) shall include an examination of the po- years 2009 through 2016 under section 1105 of tion, be equal to or exceed the lesser of— tential economic effect of performance of the title 31, United States Code, a report on the ‘‘(i) 10 percent of the personnel-related function by a contractor on— use of the authority provided under section costs for performance of that function in the ‘‘(A) agency civilian employees who would 4544 of title 10, United States Code. agency tender; or be affected by such a conversion in perform- (2) ANALYSIS OF USE OF AUTHORITY.—Not ‘‘(ii) $10,000,000; and ance; and later than September 30, 2012, the Secretary ‘‘(G) examines the effect of performance of ‘‘(B) the local community and the Govern- of the Army shall submit to the congres- the function by a contractor on the agency ment, if more than 50 agency civilian em- sional defense committees a report assessing mission associated with the performance of ployees perform the function. the advisability of making such authority the function. ‘‘(3)(A) A representative individual or enti- permanent and eliminating the limitation on ‘‘(2) A function that is performed by the ty at a facility where a public-private com- the number of contracts or cooperative ar- executive agency and is reengineered, reor- petition is conducted may submit to the rangements that may be entered into pursu- ganized, modernized, upgraded, expanded, or head of the executive agency an objection to ant to such authority. changed to become more efficient, but still the public-private competition on the SEC. 329. REAUTHORIZATION AND MODIFICATION essentially provides the same service, shall grounds that the report required by para- OF MULTI-TRADES DEMONSTRATION not be considered a new requirement. graph (1) has not been submitted or that the PROJECT. ‘‘(3) In no case may a function being per- certification required by paragraph (1)(E) is (a) REAUTHORIZATION AND EXPANSION.—Sec- formed by executive agency personnel be— not included in the report submitted as a tion 338 of the National Defense Authoriza- ‘‘(A) modified, reorganized, divided, or in condition for the public-private competition. tion Act for Fiscal Year 2004 (Public Law any way changed for the purpose of exempt- The objection shall be in writing and shall be 108–136; 10 U.S.C. 5013 note) is amended— ing the conversion of the function from the submitted within 90 days after the following (1) by striking subsection (a) and inserting requirements of this section; or date: the following new subsection (a): ‘‘(B) converted to performance by a con- ‘‘(i) In the case of a failure to submit the ‘‘(a) DEMONSTRATION PROJECT AUTHOR- tractor to circumvent a civilian personnel report when required, the date on which the IZED.—In accordance with section 4703 of ceiling. representative individual or an official of the title 5, United States Code, the Secretary of

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.051 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H98 CONGRESSIONAL RECORD — HOUSE January 16, 2008 a military department may carry out a dem- (1) beginning on the date specified in para- Law 107–314) is amended by striking ‘‘Sep- onstration project under which workers who graph (3) of subsection (e); and tember 30, 2009’’ both places it appears and are certified at the journey level as able to (2) ending on the date of the submittal of inserting ‘‘September 30, 2012’’. perform multiple trades may be promoted by the report under paragraph (1) of subsection (b) LIMITATION FOR FISCAL YEARS 2010 one grade level. A demonstration project (e). THROUGH 2012.—Subsection (d) of such sec- under this subsection may be carried out as (e) ANNUAL REPORT.— tion is amended— follows: (1) IN GENERAL.—Each fiscal year, the As- (1) in paragraph (2), by striking ‘‘and’’ at ‘‘(1) In the case of the Secretary of the sistant Secretary of the Army for Acquisi- the end; Army, at one Army depot. tion, Logistics, and Technology, in consulta- (2) in paragraph (3), by striking the period ‘‘(2) In the case of the Secretary of the tion with the Assistant Secretary of the and inserting a semicolon; and Navy, at one Navy Fleet Readiness Center. Army for Financial Management and Comp- (3) by adding at the end the following new ‘‘(3) In the case of the Secretary of the Air troller, shall submit to the congressional de- paragraphs: Force, at one Air Force Logistics Center.’’; fense committees a report on the use of the ‘‘(4) for fiscal year 2010, the number equal (2) in subsection (b)— authority in subsection (a) during the pre- to 70 percent of the total number of such per- (A) by striking ‘‘a Naval Aviation Depot’’ ceding fiscal year. sonnel employed under such contracts on Oc- and inserting ‘‘an Air Force Air Logistics (2) RECOMMENDATION.—In the case of the tober 1, 2006; Center, Navy Fleet Readiness Center, or report required to be submitted under para- ‘‘(5) for fiscal year 2011, the number equal Army depot’’; and graph (1) during fiscal year 2012, the report to 60 percent of the total number of such per- (B) by striking ‘‘Secretary’’ and inserting shall include the recommendation of the As- sonnel employed under such contracts on Oc- ‘‘Secretary of the military department con- sistant Secretary of the Army for Acquisi- tober 1, 2006; and cerned’’; tion, Logistics, and Technology regarding ‘‘(6) for fiscal year 2012, the number equal (3) by striking subsection (d) and redesig- whether the authority under subsection (a) to 50 percent of the total number of such per- nating subsections (e) through (g) as sub- should be made permanent. sonnel employed under such contracts on Oc- sections (d) through (f), respectively; (3) DEADLINE FOR SUBMITTAL.—The report tober 1, 2006.’’. (4) in subsection (d), as so redesignated, by required by paragraph (1) in a fiscal year Subtitle E—Reports striking ‘‘2004 through 2006’’ and inserting shall be submitted not later than 60 days SEC. 351. REPORTS ON NATIONAL GUARD READI- ‘‘2008 through 2013’’; after the date of the submittal to Congress of NESS FOR EMERGENCIES AND (5) in subsection (e), as so redesignated— the budget of the President for the suc- MAJOR DISASTERS. (A) by striking ‘‘2007’’ and inserting ‘‘2014’’; ceeding fiscal year pursuant to section 1105 (a) ANNUAL REPORTS ON EQUIPMENT.—Sec- (B) by inserting after ‘‘Secretary’’ the fol- of title 31, United States Code. tion 10541(b) of title 10, United States Code, lowing ‘‘of each military department that (f) SUNSET.—The authority under sub- is amended by adding at the end the fol- carried out a demonstration project under section (a) shall expire on October 1, 2013. lowing new paragraph: this section’’; and Subtitle D—Extension of Program ‘‘(9) An assessment of the extent to which (C) by adding at the end the following new Authorities the National Guard possesses the equipment sentence: ‘‘Each such report shall include required to perform the responsibilities of the Secretary’s recommendation on whether SEC. 341. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. the National Guard pursuant to sections 331, permanent multi-trade authority should be Section 343 of the Floyd D. Spence Na- 332, 333, 12304(b), and 12406 of this title in re- authorized.’’; and tional Defense Authorization Act for Fiscal sponse to an emergency or major disaster (as (6) in subsection (f), as so redesignated— Year 2001 (10 U.S.C. 4551 note) is amended— such terms are defined in section 102 of the (A) in the first sentence, by striking ‘‘The (1) in subsection (a), by striking ‘‘2008’’ and Robert T. Stafford Disaster Relief and Emer- Secretary’’ and inserting ‘‘Each Secretary inserting ‘‘2010’’; and gency Assistance Act (42 U.S.C. 5122)). Such who submits a report under subsection (e)’’; (2) in subsection (g)(1), by striking ‘‘2008’’ assessment shall— and and inserting ‘‘2010’’. ‘‘(A) identify any shortfall in equipment (B) in the second sentence— SEC. 342. EXTENSION OF PERIOD FOR REIM- provided to the National Guard by the De- (i) by striking ‘‘receiving the report’’ and partment of Defense throughout the United inserting ‘‘receiving a report’’; and BURSEMENT FOR HELMET PADS PURCHASED BY MEMBERS OF THE States and the territories and possessions of (ii) by striking ‘‘evaluation of the report’’ ARMED FORCES DEPLOYED IN CON- the United States that is likely to affect the and inserting ‘‘evaluation of that report’’. TINGENCY OPERATIONS. ability of the National Guard to perform (b) CLERICAL AMENDMENT.—The heading for (a) EXTENSION.—Section 351 of the Ronald such responsibilities; such section is amended to read as follows: W. Reagan National Defense Authorization ‘‘(B) evaluate the effect of any such short- ‘‘SEC. 338. MULTI-TRADES DEMONSTRATION Act for Fiscal Year 2005 (Public Law 108–375; fall on the capacity of the National Guard to PROJECT.’’. 118 Stat. 1857) is amended— perform such responsibilities in response to SEC. 330. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS TO ARMY (1) in subsection (a)(3), by inserting before an emergency or major disaster that occurs FOR CERTAIN PRODUCT IMPROVE- the period at the end the following: ‘‘, or in in the United States or a territory or posses- MENTS. the case of protective helmet pads purchased sion of the United States; and (a) IN GENERAL.—Notwithstanding section by a member from a qualified vendor for that ‘‘(C) identify the requirements and invest- 2208 of title 10, United States Code, the Sec- member’s personal use, ending on September ment strategies for equipment provided to retary of the Army may use a working-cap- 30, 2007’’; the National Guard by the Department of ital fund established pursuant to that sec- (2) in subsection (c)— Defense that are necessary to plan for a re- tion for expenses directly related to con- (A) by inserting after ‘‘Armed Forces’’ the duction or elimination of any such short- ducting a pilot program for a product im- following: ‘‘shall comply with regular De- fall.’’. provement described in subsection (b). partment of Defense procedures for the sub- (b) INCLUSION OF ASSESSMENT OF NATIONAL (b) PRODUCT IMPROVEMENT.—A product im- mission of claims and’’; and GUARD READINESS IN QUARTERLY PERSONNEL provement covered by the pilot program is (B) by inserting before the period at the AND UNIT READINESS REPORT.—Section 482 of the procurement and installation of a com- end the following: ‘‘or one year after the such title is amended— ponent or subsystem of a weapon system date on which the purchase of the protective, (1) in subsection (a), by striking ‘‘and (e)’’ platform or major end item that would im- safety, or health equipment was made, and inserting ‘‘(e), and (f)’’; prove the reliability and maintainability, ex- whichever occurs last’’; and (2) by redesignating subsection (f) as sub- tend the useful life, enhance safety, lower (3) in subsection (d), by adding at the end section (g); and maintenance costs, or provide performance the following new sentence: ‘‘Subsection (3) by inserting after subsection (e) the fol- enhancement of the weapon system platform (a)(1) shall not apply in the case of the pur- lowing new subsection (f): or major end item. chase of protective helmet pads on behalf of ‘‘(f) READINESS OF NATIONAL GUARD TO (c) LIMITATION ON CERTAIN PROJECTS.— a member.’’. PERFORM CIVIL SUPPORT MISSIONS.—(1) Each Funds may not be used under subsection (a) (b) FUNDING.—Amounts for reimburse- report shall also include an assessment of for— ments made under section 351 of the Ronald the readiness of the National Guard to per- (1) any product improvement that signifi- W. Reagan National Defense Authorization form tasks required to support the National cantly changes the performance envelope of Act for Fiscal Year 2005 after the date of the Response Plan for support to civil authori- an end item; or enactment of this Act shall be derived from ties. (2) any component with an estimated total supplemental appropriations for the Depart- ‘‘(2) Any information in an assessment cost in excess of $1,000,000. ment of Defense for fiscal year 2008, contin- under this subsection that is relevant to the (d) LIMITATION IN FISCAL YEAR PENDING gent upon such appropriations being enacted. National Guard of a particular State shall TIMELY REPORT.—If during any fiscal year SEC. 343. EXTENSION OF TEMPORARY AUTHOR- also be made available to the Governor of the report required by paragraph (1) of sub- ITY FOR CONTRACT PERFORMANCE that State. section (e) is not submitted by the date spec- OF SECURITY GUARD FUNCTIONS. ‘‘(3) The Secretary shall ensure that each ified in paragraph (3) of that subsection, (a) EXTENSION.—Subsection (c) of section State Governor has an opportunity to pro- funds may not be used under subsection (a) 332 of the Bob Stump National Defense Au- vide to the Secretary an independent evalua- in such fiscal year during the period— thorization Act for Fiscal Year 2003 (Public tion of that State’s National Guard, which

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.051 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H99 the Secretary shall include with each assess- formation that the Comptroller General de- ‘‘(C) likely strategic tradeoffs necessary to ment submitted under this subsection.’’. termines will further inform such commit- meet the requirements of each such plan.’’. (c) EFFECTIVE DATE.— tees on issues relating to the status of the (c) DEPARTMENT OF DEFENSE COOPERA- (1) ANNUAL REPORT ON NATIONAL GUARD AND materiel in the prepositioned stocks. TION.—Such section is further amended— RESERVE COMPONENT EQUIPMENT.—The ‘‘(2) The Secretary of Defense shall ensure (1) by redesignating subsection (c) as sub- amendment made by subsection (a) shall the full cooperation of the Department of section (d); and apply with respect to reports submitted after Defense with the Comptroller General for (2) by inserting after subsection (b) the fol- the date of the enactment of this Act. purposes of the conduct of the review re- lowing new subsection (c): (2) QUARTERLY REPORTS ON PERSONNEL AND quired by this subsection, both before and ‘‘(c) DEPARTMENT OF DEFENSE COOPERA- UNIT READINESS.—The amendment made by after each report is submitted under sub- TION.—The Secretary of Defense shall ensure subsection (b) shall apply with respect to the section (a). The Secretary shall conduct peri- the full cooperation of the Department of quarterly report required under section 482 odic briefings for the Comptroller General on Defense with the Comptroller General for of title 10, United States Code, for the second the information covered by each report re- purposes of the preparation of the report re- quarter of fiscal year 2009 and each subse- quired under subsection (a) and provide to quired by this section.’’. quent report required under that section. the Comptroller General access to the data SEC. 355. PLAN TO IMPROVE READINESS OF (d) REPORT ON IMPLEMENTATION.— and preliminary results to be used by the GROUND FORCES OF ACTIVE AND (1) IN GENERAL.—As part of the budget jus- Secretary in preparing each such report be- RESERVE COMPONENTS. tification materials submitted to Congress fore the Secretary submits the report to en- (a) REPORT REQUIRED.—At the same time in support of the budget of the President for able the Comptroller General to conduct that the budget is submitted under section each of fiscal years 2009 and 2010 (as sub- each review required under paragraph (1) in a 1105(a) of title 31, United States Code, for a timely manner. mitted under section 1105 of title 31, United fiscal year, the Secretary of Defense shall ‘‘(3) The requirement to conduct a review States Code), the Secretary of Defense shall submit to the congressional defense commit- under this subsection shall terminate on tees a report on improving the readiness of submit to the congressional defense commit- September 30, 2015.’’. tees a report on actions taken by the Sec- the ground forces of active and reserve com- (b) CLERICAL AMENDMENT.—The table of ponents of the Armed Forces. Each such re- retary to implement the amendments made sections at the beginning of such chapter is by this section. port shall include— amended by adding at the end the following (1) a summary of the readiness of each re- (2) ELEMENTS.—Each report required under new item: paragraph (1) shall include a description of porting unit of the ground forces of the ac- ‘‘2229a. Annual report on prepositioned mate- tive and reserve components and a summary the mechanisms to be utilized by the Sec- riel and equipment.’’. retary for assessing the personnel, equip- of the readiness of each major combat unit of SEC. 353. REPORT ON INCREMENTAL COST OF ment, and training readiness of the National each Armed Force by readiness level; EARLY 2007 ENHANCED DEPLOY- (2) an identification of the extent to which Guard, including the standards and measures MENT. that will be applied and mechanisms for the actual readiness ratings of the active and Section 323(b)(2) of the John Warner Na- reserve components of the Armed Forces sharing information on such matters with tional Defense Authorization Act for Fiscal have been upgraded based on the judgment of the Governors of the States. Year 2007 (Public Law 109–364; 120 Stat. 2146; commanders and any efforts of the Secretary 10 U.S.C. 229 note) is amended— SEC. 352. ANNUAL REPORT ON PREPOSITIONED of Defense to analyze the trends and implica- MATERIEL AND EQUIPMENT. (1) in subparagraph (A), by striking ‘‘; and’’ tions of such upgrades; (a) ANNUAL REPORT REQUIRED.—Chapter 131 and inserting a semicolon; (3) the goals of the Secretary of Defense for of title 10, United States Code, is amended by (2) in subparagraph (B), by striking the pe- managing the readiness of the ground forces adding at the end the following new section: riod at the end and inserting ‘‘; and’’; and (3) by adding at the end the following new of the active and reserve components, ex- ‘‘§ 2229a. Annual report on prepositioned ma- pressed in terms of the number of units or teriel and equipment subparagraph: ‘‘(C) each of the military departments for percentage of the force that the Secretary ‘‘(a) ANNUAL REPORT REQUIRED.—Not later the incremental changes in reset costs re- plans to maintain at each level of readiness, than the date of the submission of the Presi- sulting from the deployment and redeploy- and the Secretary’s projected timeframe for dent’s budget request for a fiscal year under ment of forces to Iraq and Afghanistan above achieving each such goal; section 1105 of title 31, the Secretary of De- the levels deployed to such countries on Jan- (4) a prioritized list of items and actions to fense shall submit to the congressional de- uary 1, 2007.’’. be accomplished during the fiscal year dur- fense committees a report on the status of ing which the report is submitted, and dur- the materiel in the prepositioned stocks as SEC. 354. MODIFICATION OF REQUIREMENTS OF COMPTROLLER GENERAL REPORT ing the fiscal years covered by the future- of the end of the fiscal year preceding the fis- ON THE READINESS OF ARMY AND years defense program, that the Secretary of cal year during which the report is sub- MARINE CORPS GROUND FORCES. Defense believes are necessary to signifi- mitted. Each report shall be unclassified and (a) SUBMITTAL DATE.—Subsection (a)(1) of cantly improve the readiness of the ground may contain a classified annex. Each report section 345 of the John Warner National De- forces of the active and reserve components shall include the following information: fense Authorization Act for Fiscal Year 2007 and achieve the goals and timeframes de- ‘‘(1) The level of fill for major end items of (Public Law 109–364; 120 Stat. 2156) is amend- scribed in paragraph (3); and equipment and spare parts in each ed by striking ‘‘June 1, 2007’’ and inserting (5) a detailed investment strategy and plan prepositioned set as of the end of the fiscal ‘‘June 1, 2008’’. for each fiscal year covered by the future- year covered by the report. (b) ELEMENTS.—Subsection (b) of such sec- years defense program under section 221 of ‘‘(2) The material condition of equipment tion is amended— title 10, United States Code, that is sub- in the prepositioned stocks as of the end of (1) by striking paragraph (2); mitted during the fiscal year in which the re- such fiscal year, grouped by category or (2) by redesignating paragraphs (3) through port is submitted, that outlines the re- major end item. (7) as paragraphs (4) through (8), respec- sources required to improve the readiness of ‘‘(3) A list of major end items of equipment tively; and the ground forces of the active and reserve drawn from the prepositioned stocks during (3) by inserting after paragraph (1) the fol- components, including a description of how such fiscal year and a description of how lowing new paragraphs: each resource identified in such plan relates that equipment was used and whether it was ‘‘(2) An assessment of the ability of the to funding requested by the Secretary in the returned to the stocks after being used. Army and Marine Corps to provide trained Secretary’s annual budget, and how each ‘‘(4) A timeline for completely reconsti- and ready forces to meet the requirements of such resource will specifically enable the tuting any shortfall in the prepositioned increased force levels in support of Operation Secretary to achieve the readiness goals de- stocks. Iraqi Freedom and Operation Enduring Free- scribed in paragraph (3) within the projected ‘‘(5) An estimate of the amount of funds re- dom above such force levels in effect on Jan- timeframes. quired to completely reconstitute any short- uary 1, 2007, and to meet the requirements of (b) COMPTROLLER GENERAL REVIEW.—By fall in the prepositioned stocks and a de- other ongoing operations simultaneously not later than 60 days after the date on scription of the Secretary’s plan for carrying with such increased force levels. which a report is submitted under subsection out such complete reconstitution. ‘‘(3) An assessment of the strategic depth (a), the Comptroller General shall review the ‘‘(6) A list of any operations plan affected of the Army and Marine Corps and their abil- report and, as the Comptroller General de- by any shortfall in the prepositioned stocks ity to provide trained and ready forces to termines appropriate, submit to the congres- and a description of any action taken to meet the requirements of the high-priority sional defense committees any additional in- mitigate any risk that such a shortfall may contingency war plans of the regional com- formation that the Comptroller General de- create. batant commands, including an identifica- termines will further inform the congres- ‘‘(b) COMPTROLLER GENERAL REVIEW.—(1) tion and evaluation for each such plan of— sional defense committees on issues relating By not later than 120 days after the date on ‘‘(A) the strategic and operational risks as- to the readiness of the ground forces of the which a report is submitted under subsection sociated with current and projected forces of active and reserve components of the Armed (a), the Comptroller General shall review the current and projected readiness; Forces. report and, as the Comptroller General de- ‘‘(B) the time required to make forces (c) TERMINATION.—The requirement to sub- termines appropriate, submit to the congres- available and prepare them for deployment; mit a report under subsection (a) shall ter- sional defense committees any additional in- and minate on the date the Secretary of Defense

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.051 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H100 CONGRESSIONAL RECORD — HOUSE January 16, 2008 submits the fifth report required under that shipping options for certain routes and pack- and findings of the review required under subsection. age sizes. subsection (a) along with a summary of SEC. 356. INDEPENDENT ASSESSMENT OF CIVIL (4) Recommendations for improving the changes to policy, regulation, or asset allo- RESERVE AIR FLEET VIABILITY. Civil Reserve Air Fleet program, including cation necessary to ensure that Department (a) INDEPENDENT ASSESSMENT REQUIRED.— an assessment of potential incentives for in- of Defense helicopter aircrews are ade- The Secretary of Defense shall provide for an creasing participation in the Civil Reserve quately trained in high-altitude or power- independent assessment of the viability of Air Fleet program, including establishing a limited flying conditions prior to being ex- the Civil Reserve Air Fleet to be conducted minimum annual purchase amount during posed to such conditions operationally. by a federally-funded research and develop- peacetime. SEC. 359. REPORTS ON SAFETY MEASURES AND ment center selected by the Secretary. (c) SUBMISSION TO CONGRESS.—Upon the ENCROACHMENT ISSUES AND MAS- (b) CONTENTS OF ASSESSMENT.—The assess- completion of the assessment required under TER PLAN FOR WARREN GROVE ment required by subsection (a) shall include subsection (a) and by not later than April 1, GUNNERY RANGE, NEW JERSEY. each of the following: 2008, the Secretary shall submit to the con- (a) ANNUAL REPORT ON SAFETY MEAS- (1) An assessment of the Civil Reserve Air gressional defense committees a report on URES.—Not later than March 1, 2008, and an- Fleet as of the date of the enactment of this the assessment. nually thereafter for 2 additional years, the Act, including an assessment of— (d) COMPTROLLER GENERAL REPORT.—Not Secretary of the Air Force shall submit to (A) the level of increased use of commer- later than 90 days after the report is sub- the congressional defense committees a re- cial assets to fulfill Department of Defense mitted under subsection (c), the Comptroller port on efforts made by all of the military transportation requirements as a result of General shall conduct a review of the assess- departments utilizing the Warren Grove the increased global mobility requirements ment required under subsection (a). Gunnery Range, New Jersey, to provide the in response to the terrorist attacks of Sep- SEC. 357. DEPARTMENT OF DEFENSE INSPECTOR highest level of safety. tember 11, 2001; GENERAL REPORT ON PHYSICAL SE- (b) MASTER PLAN FOR WARREN GROVE GUN- (B) the extent of charter air carrier par- CURITY OF DEPARTMENT OF DE- NERY RANGE.— ticipation in fulfilling increased Department FENSE INSTALLATIONS. (1) IN GENERAL.—Not later than 180 days of Defense transportation requirements as a (a) REPORT.—Not later than one year after after the date of the enactment of this Act, result of the increased global mobility re- the date of the enactment of this Act, the In- the Secretary of the Air Force shall submit quirements in response to the terrorist at- spector General of the Department of De- to the congressional defense committees a tacks of September 11, 2001; fense shall submit to Congress a report on master plan for Warren Grove Gunnery (C) any policy of the Secretary of Defense the physical security of Department of De- Range. to limit the percentage of income a single fense installations and resources. (2) CONTENT.—The master plan required air carrier participating in the Civil Reserve (b) ELEMENTS.—The report required by sub- under paragraph (1) shall include measures Air Fleet may earn under contracts with the section (a) shall include the following: to mitigate encroachment of the Warren Secretary during any calendar year and the (1) An analysis of the progress in imple- Grove Gunnery Range, taking into consider- effects of such policy on the air carrier in- menting requirements under the Physical ation military mission requirements, land dustry in peacetime and during periods dur- Security Program as set forth in the Depart- use plans, the surrounding community, the ing which the Armed Forces are deployed in ment of Defense Instruction 5200.08–R, Chap- economy of the region, and protection of the support of a contingency operation for which ter 2 (C.2) and Chapter 3, Section 3: Installa- environment and public health, safety, and the Civil Reserve Air Fleet is not activated; tion Access (C3.3), which mandates the poli- welfare. and cies and minimum standards for the physical (3) INPUT.—In establishing the master plan (D) any risks to the charter air carrier in- security of Department of Defense installa- required under paragraph (1), the Secretary dustry as a result of the expansion of the in- tions and resources. shall seek input from relevant stakeholders dustry in response to contingency operations (2) Recommendations based on the findings at the Federal, State, and local level. resulting in increased demand by the Depart- of the Comptroller General of the United SEC. 360. REPORT ON SEARCH AND RESCUE CA- ment of Defense. States in the report required by section 344 PABILITIES OF THE AIR FORCE IN (2) A strategic assessment of the viability of the John Warner National Defense Au- THE NORTHWESTERN UNITED of the Civil Reserve Air Fleet that compares thorization Act for Fiscal Year 2007 (Public STATES. such viability as of the date of the enact- Law 109–366; 120 Stat. 2155). (a) REPORT.—Not later than April 1, 2008, ment of this Act with the projected viability (3) Recommendations based on the lessons the Secretary of the Air Force shall submit of the Civil Reserve Air Fleet 5, 10, and 15 learned from the thwarted plot to attack to the appropriate congressional committees years after the date of the enactment of this Fort Dix, New Jersey, in 2007. a report on the search and rescue capabili- Act, including for activations at each of SEC. 358. REVIEW OF HIGH-ALTITUDE AVIATION ties of the Air Force in the northwestern stages 1, 2, and 3— TRAINING. United States. (A) an examination of the requirements of (a) REVIEW REQUIRED.—The Secretary of (b) CONTENT.—The report required under the Department of Defense for the Civil Re- the Defense shall conduct a review of the subsection (a) shall include the following: serve Air Fleet for the support of operational training requirements of the Department of (1) An assessment of the search and rescue and contingency plans, including any antici- Defense for helicopter operations in high-al- capabilities required to support Air Force pated changes in the Department’s organic titude or power-limited conditions. operations and training. airlift capacity, logistics concepts, and per- (b) CONTENT.—The review required under (2) A description of the compliance of the sonnel and training requirements; subsection (a) shall include an examination Air Force with the 1999 United States Na- (B) an assessment of air carrier participa- of— tional Search and Rescue Plan (referred to tion in the Civil Reserve Air Fleet; and (1) power-management and high-altitude hereinafter in this section as the ‘‘NSRP’’) (C) a comparison between the requirements training requirements by military depart- for Washington, Oregon, Idaho, and Mon- of the Department described in subparagraph ment, helicopter, and crew position; tana. (A) and air carrier participation described in (2) training methods and locations cur- (3) An inventory and description of the subparagraph (B). rently used by each of the military depart- search and rescue assets of the Air Force (3) An examination of any perceived bar- ments to fulfill those training requirements; that are available to meet the requirements riers to Civil Reserve Air Fleet viability, in- (3) department or service regulations that of the NSRP. cluding— prohibit or inhibit joint-service or inter- (4) A description of the use of such search (A) the operational planning system of the service high-altitude aviation training; and rescue assets during the 3-year period Civil Reserve Air Fleet; (4) costs for each of the previous 5 years as- preceding the date when the report is sub- (B) the reward system of the Civil Reserve sociated with transporting aircraft to and mitted. Air Fleet; from the High-Altitude Aviation Training (5) The plans of the Air Force to meet cur- (C) the long-term affordability of the Avia- Site, Gypsum, Colorado, for training pur- rent and future search and rescue require- tion War Risk Insurance Program; poses; ments in the northwestern United States, in- (D) the effect on United States air carriers (5) potential risk avoidance and reductions cluding plans that take into consideration operating overseas routes during periods of in accident rates due to power management requirements related to support for both Air Civil Reserve Air Fleet activation; if training of the type offered at the High-Al- Force operations and training and compli- (E) increased foreign ownership of United titude Aviation Training Site was required ance with the NSRP. States air carriers; training, rather than optional training; and (6) An inventory of other search and rescue (F) increased operational costs during acti- (6) potential cost savings and operational capabilities equivalent to such capabilities vation as a result of hazardous duty pay, benefits, if any, of permanently stationing provided by the Air Force that may be pro- routing delays, and inefficiencies in cargo no less than 4 UH–60, 2 CH–47, and 2 LUH–72 vided by other Federal, State, or local agen- handling by the Department of Defense; aircraft at the High-Altitude Aviation Train- cies in the northwestern United States. (G) the effect of policy initiatives by the ing Site, Gypsum, Colorado. (c) USE OF REPORT FOR PURPOSES OF CER- Secretary of Transportation to encourage (c) REPORT.—Not later than 180 days after TIFICATION REGARDING SEARCH AND RESCUE international code sharing and alliances; and the date of the enactment of this Act, the CAPABILITIES.—Section 1085 of the Ronald W. (H) the effect of limitations imposed by the Secretary shall submit to the congressional Reagan National Defense Authorization Act Secretary of Defense to limit commercial defense committees a report on the conduct for Fiscal Year 2005 (Public Law 108–375; 118

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Stat. 2065; 10 U.S.C. 113 note) is amended by (1) IN GENERAL.—Not later than March 16, ‘‘(3) interact directly with the corrosion striking ‘‘unless the Secretary first cer- 2008, the Secretary of the Air Force shall prevention industry, trade associations, tifies’’ and inserting ‘‘unless the Secretary, submit to Congress a master infrastructure other government corrosion prevention agen- after reviewing the search and rescue capa- recapitalization plan for Cheyenne Mountain cies, academic research and educational in- bilities report prepared by the Secretary of Air Station. stitutions, and scientific organizations en- the Air Force under subsection (a), first cer- (2) CONTENT.—The plan required under gaged in corrosion prevention, including the tifies’’. paragraph (1) shall include— National Academy of Sciences.’’. (d) APPROPRIATE CONGRESSIONAL COMMIT- (A) a description of the projects that are (c) INCLUSION OF COOPERATIVE RESEARCH TEES DEFINED.—In this section, the term needed to improve the infrastructure re- AGREEMENTS AS PART OF CORROSION REDUC- ‘‘appropriate congressional committees’’ quired for supporting missions associated TION STRATEGY.—Subsection (d)(2)(D) of sec- means— with Cheyenne Mountain Air Station; and tion 2228 of such title, as redesignated by (1) the Committee on Armed Services, the (B) a funding plan explaining the expected subsection (b), is amended by inserting after Committee on Homeland Security and Gov- timetable for the Air Force to support such ‘‘operational strategies’’ the following: ‘‘, in- ernmental Affairs, the Committee on Com- projects. cluding through the establishment of memo- merce, Science, and Transportation, the Subtitle F—Other Matters randa of agreement, joint funding agree- Committee on Energy and Natural Re- ments, public-private partnerships, univer- SEC. 371. ENHANCEMENT OF CORROSION CON- sity research and education centers, and sources, and the Committee on Appropria- TROL AND PREVENTION FUNCTIONS tions of the Senate; and WITHIN DEPARTMENT OF DEFENSE. other cooperative research agreements’’. (d) REPORT REQUIREMENT.—Section 2228 of (2) the Committee on Armed Services, the (a) OFFICE OF CORROSION POLICY AND OVER- Committee on Homeland Security, the Com- SIGHT.— such title is further amended by inserting mittee on Energy and Commerce, the Com- (1) IN GENERAL.—Section 2228 of title 10, after subsection (d) (as redesignated by sub- mittee on Natural Resources, and the Com- United States Code, is amended by striking section (b)) the following new subsection: ‘‘(e) REPORT.—(1) For each budget for a fis- mittee on Appropriations of the House of the section heading and subsection (a) and cal year, beginning with the budget for fiscal Representatives. inserting the following: SEC. 361. REPORT AND MASTER INFRASTRUC- year 2009, the Secretary of Defense shall sub- ‘‘§ 2228. Office of Corrosion Policy and Over- mit, with the defense budget materials, a re- TURE RECAPITALIZATION PLAN FOR sight CHEYENNE MOUNTAIN AIR STATION, port on the following: COLORADO. ‘‘(a) OFFICE AND DIRECTOR.—(1) There is an ‘‘(A) Funding requirements for the long- (a) REPORT ON RELOCATION OF NORTH AMER- Office of Corrosion Policy and Oversight term strategy developed under subsection ICAN AEROSPACE DEFENSE COMMAND CEN- within the Office of the Under Secretary of (d). TER.— Defense for Acquisition, Technology, and Lo- ‘‘(B) The return on investment that would (1) IN GENERAL.—Not later than March 1, gistics. be achieved by implementing the strategy. ‘‘(2) The Office shall be headed by a Direc- 2008, the Secretary of Defense shall submit ‘‘(C) The funds requested in the budget tor of Corrosion Policy and Oversight, who to Congress a report on the relocation of the compared to the funding requirements. shall be assigned to such position by the North American Aerospace Defense Com- ‘‘(D) An explanation if the funding require- Under Secretary from among civilian em- mand center and related functions from ments are not fully funded in the budget. ployees of the Department of Defense with Cheyenne Mountain Air Station, Colorado, ‘‘(2) Within 60 days after submission of the the qualifications described in paragraph (3). to Peterson Air Force Base, Colorado. budget for a fiscal year, the Comptroller The Director is responsible in the Depart- General shall provide to the congressional (2) CONTENT.—The report required under ment of Defense to the Secretary of Defense defense committees— paragraph (1) shall include— (after the Under Secretary of Defense for Ac- (A) an analysis comparing the total costs quisition, Technology, and Logistics) for the ‘‘(A) an analysis of the budget submission associated with the relocation, including prevention and mitigation of corrosion of the for corrosion control and prevention by the costs determined as part of ongoing security- military equipment and infrastructure of the Department of Defense; and related studies of the relocation, to antici- Department of Defense. The Director shall ‘‘(B) an analysis of the report required pated operational benefits from the reloca- report directly to the Under Secretary. under paragraph (1).’’. tion; ‘‘(3) In order to qualify to be assigned to (e) DEFINITIONS.—Subsection (f) of section (B) a detailed explanation of the backup the position of Director, an individual 2228 of such title, as redesignated by sub- functions that will remain located at Chey- shall— section (b), is amended by adding at the end enne Mountain Air Station, and how such ‘‘(A) have management expertise in, and the following new paragraphs: functions planned to be transferred out of professional experience with, corrosion ‘‘(4) The term ‘budget’, with respect to a Cheyenne Mountain Air Station, including project and policy implementation, includ- fiscal year, means the budget for that fiscal the Space Operations Center, will maintain ing an understanding of the effects of corro- year that is submitted to Congress by the operational connectivity with their related sion policies on infrastructure; research, de- President under section 1105(a) of title 31. commands and relevant communications velopment, test, and evaluation; and mainte- ‘‘(5) The term ‘defense budget materials’, centers; nance; and with respect to a fiscal year, means the ma- (C) the final plans for the relocation of the ‘‘(B) have an understanding of Department terials submitted to Congress by the Sec- North American Aerospace Defense Com- of Defense budget formulation and execu- retary of Defense in support of the budget for mand center and related functions; and tion, policy formulation, and planning and that fiscal year.’’. (D) the findings and recommendations of program requirements. (f) CLERICAL AMENDMENT.—The table of an independent security and vulnerability ‘‘(4) The Secretary of Defense shall des- sections at the beginning of chapter 131 of assessment of Peterson Air Force Base car- ignate the position of Director as a critical such title is amended by striking the item ried out by Sandia National Laboratory for acquisition position under section relating to section 2228 and inserting the fol- the United States Air Force Space Command 1733(b)(1)(C) of this title.’’. lowing new item: and the Secretary’s plans for mitigating any (2) CONFORMING AMENDMENTS.—Section ‘‘2228. Office of Corrosion Policy and Over- security and vulnerability risks identified as 2228(b) of such title is amended— sight.’’. part of that assessment and associated cost (A) in paragraph (1), by striking ‘‘official SEC. 372. AUTHORITY FOR DEPARTMENT OF DE- and schedule estimates. or organization designated under subsection FENSE TO PROVIDE SUPPORT FOR (b) LIMITATION ON AVAILABILITY OF FUNDS (a)’’ and inserting ‘‘Director of Corrosion CERTAIN SPORTING EVENTS. PENDING RECEIPT OF REPORT.—Of the funds Policy and Oversight (in this section referred (a) PROVISION OF SUPPORT.—Section 2564 of appropriated pursuant to an authorization of to as the ‘Director’)’’; and title 10, United States Code, is amended— appropriations or otherwise made available (B) in paragraphs (2), (3), (4), and (5), by (1) in subsection (c), by adding at the end for fiscal year 2008 for operation and mainte- striking ‘‘designated official or organiza- the following new paragraphs: nance for the Air Force that are available for tion’’ and inserting ‘‘Director’’. ‘‘(4) A sporting event sanctioned by the the Cheyenne Mountain Transformation (b) ADDITIONAL AUTHORITY FOR DIRECTOR United States Olympic Committee through project, $5,000,000 may not be obligated or ex- OF OFFICE.—Section 2228 of such title is fur- the Paralympic Military Program. pended until Congress receives the report re- ther amended— ‘‘(5) Any national or international quired under subsection (a). (1) by redesignating subsections (c) and (d) paralympic sporting event (other than a (c) COMPTROLLER GENERAL REVIEW.—Not as subsections (d) and (f), respectively; and sporting event described in paragraphs (1) later than 120 days after the date on which (2) by inserting after subsection (b) the fol- through (4))— the Secretary of Defense submits the report lowing new subsection: ‘‘(A) that— required under subsection (a), the Comp- ‘‘(c) ADDITIONAL AUTHORITIES FOR DIREC- ‘‘(i) is held in the United States or any of troller General shall submit to Congress a TOR.—The Director is authorized to— its territories or commonwealths; review of the report and the final plans of ‘‘(1) develop, update, and coordinate corro- ‘‘(ii) is governed by the International the Secretary for the relocation of the North sion training with the Defense Acquisition Paralympic Committee; and American Aerospace Defense Command cen- University; ‘‘(iii) is sanctioned by the United States ter and related functions. ‘‘(2) participate in the process within the Olympic Committee; (d) MASTER INFRASTRUCTURE RECAPITALIZA- Department of Defense for the development ‘‘(B) for which participation exceeds 100 TION PLAN.— of relevant directives and instructions; and amateur athletes; and

VerDate Aug 31 2005 03:17 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.052 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H102 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(C) in which at least 10 percent of the ath- ‘‘(3) is referred by a military or civilian (C) Section 9832. letes participating in the sporting event are primary care provider located in that Com- (D) Section 9836. members or former members of the armed monwealth or possession to a specialty care (2) CLERICAL AMENDMENTS.— forces who are participating in the sporting provider for services to be provided outside (A) CHAPTER 453.—The table of sections at event based upon an injury or wound in- of that Commonwealth or possession. the beginning of chapter 453 of such title is curred in the line of duty in the armed force ‘‘(c) SCOPE OF PRIORITY.—The increased amended by striking the items relating to and veterans who are participating in the priority for space-available transportation sections 4832 and 4836. sporting event based upon a service-con- required by subsection (a) applies with re- (B) CHAPTER 953.—The table of sections at nected disability.’’; and spect to both— the beginning of chapter 953 of such title is (2) by adding at the end the following new ‘‘(1) the travel from the Commonwealth or amended by striking the items relating to subsection: possession of the United States to receive sections 9832 and 9836. ‘‘(g) FUNDING FOR SUPPORT OF CERTAIN the specialty care services; and SEC. 376. RETENTION OF COMBAT UNIFORMS BY EVENTS.—(1) Amounts for the provision of ‘‘(2) the return travel. MEMBERS OF THE ARMED FORCES support for a sporting event described in ‘‘(d) DEFINITIONS.—In this section, the DEPLOYED IN SUPPORT OF CONTIN- paragraph (4) or (5) of subsection (c) may be terms ‘primary care provider’ and ‘specialty GENCY OPERATIONS. derived from the Support for International care provider’ refer to a medical or dental (a) RETENTION OF COMBAT UNIFORMS.— Sporting Competitions, Defense account es- professional who provides health care serv- Chapter 152 of title 10, United States Code, is tablished by section 5802 of the Omnibus ices under chapter 55 of this title. amended by adding at the end the following Consolidated Appropriations Act, 1997 (Pub- ‘‘(e) REGULATIONS.—The Secretary of De- new section: lic Law 104–208; 10 U.S.C. 2564 note), notwith- fense shall prescribe regulations to imple- ‘‘§ 2568. Retention of combat uniforms by standing any limitation under that section ment this section.’’. relating to the availability of funds in such members deployed in support of contin- (b) CLERICAL AMENDMENT.—The table of gency operations account for the provision of support for sections at the beginning of such chapter is ‘‘The Secretary of a military department international sporting competitions. amended by inserting after the item relating ‘‘(2) The total amount expended for any fis- may authorize a member of the armed forces to section 2641a the following new item: cal year to provide support for sporting under the jurisdiction of the Secretary who events described in subsection (c)(5) may not ‘‘2641b. Space-available travel on Depart- has been deployed in support of a contin- exceed $1,000,000.’’. ment of Defense aircraft: re- gency operation for at least 30 days to re- (b) SOURCE OF FUNDS.—Section 5802 of the tired members residing in Com- tain, after that member is no longer so de- Omnibus Consolidated Appropriations Act, monwealths and possessions of ployed, the combat uniform issued to that 1997 (Public Law 104–208; 10 U.S.C. 2564 note) the United States for certain member as organizational clothing and indi- is amended— health care services.’’. vidual equipment.’’. (1) by inserting after ‘‘international sport- SEC. 375. RECOVERY OF MISSING MILITARY (b) CLERICAL AMENDMENT.—The table of ing competitions’’ the following: ‘‘and for PROPERTY. sections at the beginning of such chapter is support of sporting competitions authorized (a) IN GENERAL.—Chapter 165 of title 10, amended by adding at the end the following under section 2564(c)(4) and (5), of title 10, United States Code, is amended by adding at new item: United States Code,’’; and the end the following new sections: ‘‘2568. Retention of combat uniforms by (2) by striking ‘‘45 days’’ and inserting ‘‘15 ‘‘§ 2788. Property accountability: regulations members deployed in support of days’’. ‘‘The Secretary of a military department contingency operations.’’. SEC. 373. AUTHORITY TO IMPOSE REASONABLE may prescribe regulations for the accounting RESTRICTIONS ON PAYMENT OF SEC. 377. ISSUE OF SERVICEABLE MATERIAL OF FULL REPLACEMENT VALUE FOR for the property of that department and the THE NAVY OTHER THAN TO ARMED LOST OR DAMAGED PERSONAL fixing of responsibility for that property. FORCES. PROPERTY TRANSPORTED AT GOV- ‘‘§ 2789. Individual equipment: unauthorized (a) IN GENERAL.—Part IV of subtitle C of ERNMENT EXPENSE. disposition title 10, United States Code, is amended by Section 2636a(d) of title 10, United States adding at the end the following new chapter: ‘‘(a) PROHIBITION.—No member of the Code, is amended by adding at the end the ‘‘CHAPTER 667—ISSUE OF SERVICEABLE following new sentence: ‘‘The regulations armed forces may sell, lend, pledge, barter, MATERIAL OTHER THAN TO ARMED may include a requirement that a member of or give any clothing, arms, or equipment fur- FORCES the armed forces or civilian employee of the nished to such member by the United States Department of Defense comply with reason- to any person other than a member of the ‘‘Sec. able restrictions or conditions prescribed by armed forces or an officer of the United ‘‘7911. Arms, tentage, and equipment: edu- the Secretary in order to receive the full States who is authorized to receive it. cational institutions not main- amount deducted under subsection (b).’’. ‘‘(b) SEIZURE OF IMPROPERLY DISPOSED taining units of R.O.T.C. SEC. 374. PRIORITY TRANSPORTATION ON DE- PROPERTY.—If a member of the armed forces ‘‘7912. Rifles and ammunition for target prac- PARTMENT OF DEFENSE AIRCRAFT has disposed of property in violation of sub- tice: educational institutions OF RETIRED MEMBERS RESIDING IN section (a) and the property is in the posses- having corps of midshipmen. COMMONWEALTHS AND POSSES- sion of a person who is neither a member of ‘‘7913. Supplies: military instruction camps. SIONS OF THE UNITED STATES FOR the armed forces nor an officer of the United CERTAIN HEALTH CARE SERVICES. States who is authorized to receive it, that ‘‘§ 7911. Arms, tentage, and equipment: edu- (a) AVAILABILITY OF TRANSPORTATION.— person has no right to or interest in the cational institutions not maintaining units Chapter 157 of title 10, United States Code, is property, and any civil or military officer of of R.O.T.C. amended by inserting after section 2641a the the United States may seize the property, ‘‘Under such conditions as he may pre- following new section: wherever found, subject to applicable regula- scribe, the Secretary of the Navy may issue ‘‘§ 2641b. Space-available travel on Depart- tions. Possession of such property furnished arms, tentage, and equipment that the Sec- ment of Defense aircraft: retired members by the United States to a member of the retary considers necessary for proper mili- residing in Commonwealths and posses- armed forces by a person who is neither a tary training, to any educational institution sions of the United States for certain health member of the armed forces, nor an officer of at which no unit of the Reserve Officers’ care services the United States, is prima facie evidence Training Corps is maintained, but which has ‘‘(a) PRIORITY TRANSPORTATION.—The Sec- that the property has been disposed of in vio- a course in military training prescribed by retary of Defense shall provide transpor- lation of subsection (a). the Secretary and which has at least 50 phys- tation on Department of Defense aircraft on ‘‘(c) DELIVERY OF SEIZED PROPERTY.—If an ically fit students over 14 years of age. a space-available basis for any member or officer who seizes property under subsection ‘‘§ 7912. Rifles and ammunition for target former member of the uniformed services de- (b) is not authorized to retain it for the practice: educational institutions having scribed in subsection (b), and a single de- United States, the officer shall deliver the corps of midshipmen pendent of the member if needed to accom- property to a person who is authorized to re- ‘‘(a) AUTHORITY TO LEND.—The Secretary pany the member, at a priority level in the tain it.’’. same category as the priority level for an of the Navy may lend, without expense to (b) CLERICAL AMENDMENT.—The table of the United States, magazine rifles and ap- unaccompanied dependent over the age of 18 sections at the beginning of such chapter is traveling on environmental and morale pendages that are not of the existing service amended by adding at the end the following models in use at the time and that are not leave. new items: ‘‘(b) ELIGIBLE MEMBERS AND FORMER MEM- necessary for a proper reserve supply, to any BERS.—A member or former member eligible ‘‘2788. Property accountability: regulations. educational institution having a uniformed for priority transport under subsection (a) is ‘‘2789. Individual equipment: unauthorized corps of midshipmen of sufficient number for a covered beneficiary under chapter 55 of this disposition.’’. target practice. The Secretary may also title who— (c) CONFORMING AMENDMENTS.— issue 40 rounds of ball cartridges for each ‘‘(1) is entitled to retired or retainer pay; (1) IN GENERAL.—Such title is further midshipman for each range at which target ‘‘(2) resides in or is located in a Common- amended by striking the following sections: practice is held, but not more than 120 wealth or possession of the United States; (A) Section 4832. rounds each year for each midshipman par- and (B) Section 4836. ticipating in target practice.

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‘‘(b) RESPONSIBILITIES OF INSTITUTIONS.— Sec. 416. Future authorizations and account- (c) PURPOSE OF INCREASES.—The purposes The institutions to which property is lent ing for certain reserve compo- for which increases may be made in Army under subsection (a) shall— nent personnel authorized to be and Marine Corps active duty end strengths ‘‘(1) use the property for target practice; on active duty or full-time Na- under this section are— ‘‘(2) take proper care of the property; and tional Guard duty to provide (1) to support operational missions; and ‘‘(3) return the property when required. operational support. (2) to achieve transformational reorganiza- ‘‘(c) REGULATIONS.—The Secretary of the Sec. 417. Revision of variances authorized tion objectives, including objectives for in- Navy shall prescribe regulations to carry out for Selected Reserve end creased numbers of combat brigades and bat- this section, containing such other require- strengths. talions, increased unit manning, force sta- ments as he considers necessary to safeguard Subtitle C—Authorization of Appropriations bilization and shaping, and rebalancing of the interests of the United States. Sec. 421. Military personnel. the active and reserve component forces. ‘‘§ 7913. Supplies: military instruction camps Subtitle A—Active Forces ‘‘Under such conditions as he may pre- (d) RELATIONSHIP TO PRESIDENTIAL WAIVER scribe, the Secretary of the Navy may issue, SEC. 401. END STRENGTHS FOR ACTIVE FORCES. AUTHORITY.—Nothing in this section shall be (a) IN GENERAL.—The Armed Forces are au- to any educational institution at which an construed to limit the President’s authority thorized strengths for active duty personnel officer of the naval service is detailed as pro- under section 123a of title 10, United States as of September 30, 2008, as follows: fessor of naval science, such supplies as are Code, to waive any statutory end strength in (1) The Army, 525,400. necessary to establish and maintain a camp a time of war or national emergency. for the military instruction of its students. (2) The Navy, 329,098. (e) RELATIONSHIP TO OTHER VARIANCE AU- The Secretary shall require a bond in the (3) The Marine Corps, 189,000. value of the property issued under this sec- (4) The Air Force, 329,563. THORITY.—The authority under this section (b) LIMITATION.— tion, for the care and safekeeping of that is in addition to the authority to vary au- property and except for property properly ex- (1) ARMY.—The authorized strength for the thorized end strengths that is provided in pended, for its return when required.’’. Army provided in paragraph (1) of subsection subsections (e) and (f) of section 115 of title (b) CLERICAL AMENDMENT.—The table of (a) for active duty personnel for fiscal year 10, United States Code. chapters at the beginning of subtitle C of 2008 is subject to the condition that costs of (f) BUDGET TREATMENT.— such title, and the table of chapters at the active duty personnel of the Army for that (1) FISCAL YEARS 2009 AND 2010 BUDGETS.— beginning of part IV of such subtitle, are fiscal year in excess of 489,400 shall be paid The budget for the Department of Defense each amended by inserting after the item re- out of funds authorized to be appropriated lating to chapter 665 the following new item: for that fiscal year by section 1514. for fiscal years 2009 and 2010 as submitted to Congress shall comply, with respect to fund- ‘‘667. Issue of serviceable material (2) MARINE CORPS.—The authorized ing, with subsections (c) and (d) of section other than to Armed Forces ...... 7911.’’. strength for the Marine Corps provided in 691 of title 10, United States Code. SEC. 378. REAUTHORIZATION OF AVIATION IN- paragraph (3) of subsection (a) for active (2) OTHER INCREASES.—If the Secretary of SURANCE PROGRAM. duty personnel for fiscal year 2008 is subject Defense plans to increase the Army or Ma- Section 44310 of title 49, United States to the condition that costs of active duty rine Corps active duty end strength for a fis- Code, is amended by striking ‘‘March 30, personnel of the Marine Corps for that fiscal 2008’’ and inserting ‘‘December 31, 2013’’. year in excess of 180,000 shall be paid out of cal year under this section, then the budget for the Department of Defense for that fiscal TITLE IV—MILITARY PERSONNEL funds authorized to be appropriated for that fiscal year by section 1514. year as submitted to Congress shall include AUTHORIZATIONS the amounts necessary for funding that ac- Subtitle A—Active Forces SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. tive duty end strength in excess of the fiscal Sec. 401. End strengths for active forces. Section 691(b) of title 10, United States year 2008 active duty end strength author- Sec. 402. Revision in permanent active duty Code, is amended by striking paragraphs (1) ized for that service under section 401. end strength minimum levels. through (4) and inserting the following new Sec. 403. Additional authority for increases (g) DEFINITIONS.—In this section: paragraphs: (1) FISCAL-YEAR 2008 BASELINE.—The term of Army and Marine Corps ac- ‘‘(1) For the Army, 525,400. tive duty end strengths for fis- ‘‘fiscal-year 2008 baseline’’, with respect to ‘‘(2) For the Navy, 328,400. the Army and Marine Corps, means the ac- cal years 2009 and 2010. ‘‘(3) For the Marine Corps, 189,000. Sec. 404. Increase in authorized strengths for tive-duty end strength authorized for those ‘‘(4) For the Air Force, 328,600.’’. Army officers on active duty in services in section 401. the grade of major. SEC. 403. ADDITIONAL AUTHORITY FOR IN- (2) ACTIVE-DUTY END STRENGTH.—In this Sec. 405. Increase in authorized strengths for CREASES OF ARMY AND MARINE subsection, the term ‘‘active-duty end CORPS ACTIVE DUTY END Navy officers on active duty in STRENGTHS FOR FISCAL YEARS 2009 strength’’ means the strength for active- the grades of lieutenant com- AND 2010. duty personnel of one of the Armed Forces as mander, commander, and cap- (a) AUTHORITY TO INCREASE ARMY ACTIVE of the last day of a fiscal year. tain. DUTY END STRENGTHS.—For each of fiscal (h) REPEAL OF OTHER DISCRETIONARY AU- Sec. 406. Increase in authorized daily aver- years 2009 and 2010, the Secretary of Defense THORITY TO TEMPORARILY INCREASE ARMY age of number of members in may, as the Secretary determines necessary AND MARINE CORPS ACTIVE DUTY END pay grade E–9. for the purposes described in subsection (c), STRENGTHS.—Section 403 of the Ronald W. Subtitle B—Reserve Forces establish the active-duty end strength for Reagan National Defense Authorization Act the Army at a number greater than the num- Sec. 411. End strengths for Selected Reserve. for Fiscal Year 2005 (Public Law 108–375; 10 Sec. 412. End strengths for Reserves on ac- ber otherwise authorized by law up to the tive duty in support of the Re- number equal to the fiscal-year 2008 baseline U.S.C. 115 note), as amended by section 403 of serves. plus 22,000. the John Warner National Defense Author- Sec. 413. End strengths for military techni- (b) MARINE CORPS.—For each of fiscal years ization Act for Fiscal Year 2007 (Public Law cians (dual status). 2009 and 2010, the Secretary of Defense may, 109–364; 120 Stat. 2169), is repealed. Sec. 414. Fiscal year 2008 limitation on num- as the Secretary determines necessary for ber of non-dual status techni- the purposes described in subsection (c), es- SEC. 404. INCREASE IN AUTHORIZED STRENGTHS FOR ARMY OFFICERS ON ACTIVE cians. tablish the active-duty end strength for the DUTY IN THE GRADE OF MAJOR. Sec. 415. Maximum number of reserve per- Marine Corps at a number greater than the sonnel authorized to be on ac- number otherwise authorized by law up to The portion of the table in section 523(a)(1) tive duty for operational sup- the number equal to the fiscal-year 2008 of title 10, United States Code, relating to port. baseline plus 13,000. the Army is amended to read as follows:

Number of officers who may be serving on active duty in grade ‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on of: active duty: Lieuten- Major ant Colo- Colonel nel

Army: 20,000 ...... 7,768 5,253 1,613 25,000 ...... 8,689 5,642 1,796 30,000 ...... 9,611 6,030 1,980 35,000 ...... 10,532 6,419 2,163 40,000 ...... 11,454 6,807 2,347 45,000 ...... 12,375 7,196 2,530

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Number of officers who may be serving on active duty in grade ‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on of: active duty: Lieuten- Major ant Colo- Colonel nel

50,000 ...... 13,297 7,584 2,713 55,000 ...... 14,218 7,973 2,897 60,000 ...... 15,140 8,361 3,080 65,000 ...... 16,061 8,750 3,264 70,000 ...... 16,983 9,138 3,447 75,000 ...... 17,903 9,527 3,631 80,000 ...... 18,825 9,915 3,814 85,000 ...... 19,746 10,304 3,997 90,000 ...... 20,668 10,692 4,181 95,000 ...... 21,589 11,081 4,364 100,000 ...... 22,511 11,469 4,548 110,000 ...... 24,354 12,246 4,915 120,000 ...... 26,197 13,023 5,281 130,000 ...... 28,040 13,800 5,648 170,000 ...... 35,412 16,908 7,116’’.

SEC. 405. INCREASE IN AUTHORIZED STRENGTHS FOR NAVY OFFICERS ON ACTIVE DUTY IN THE GRADES OF LIEUTENANT COMMANDER, COMMANDER, AND CAPTAIN. The table in section 523(a)(2) of title 10, United States Code, is amended to read as follows:

Number of officers who may be serving on active duty in grade ‘‘Total number of commissioned officers (excluding officers in categories specified in subsection (b)) on of: active duty: Lieuten- ant Com- Com- Captain mander mander

Navy: 30,000 ...... 7,698 5,269 2,222 33,000 ...... 8,189 5,501 2,334 36,000 ...... 8,680 5,733 2,447 39,000 ...... 9,172 5,965 2,559 42,000 ...... 9,663 6,197 2,671 45,000 ...... 10,155 6,429 2,784 48,000 ...... 10,646 6,660 2,896 51,000 ...... 11,136 6,889 3,007 54,000 ...... 11,628 7,121 3,120 57,000 ...... 12,118 7,352 3,232 60,000 ...... 12,609 7,583 3,344 63,000 ...... 13,100 7,813 3,457 66,000 ...... 13,591 8,044 3,568 70,000 ...... 14,245 8,352 3,718 90,000 ...... 17,517 9,890 4,467’’.

SEC. 406. INCREASE IN AUTHORIZED DAILY AVER- (1) the total authorized strength of units Armed Forces are authorized, as of Sep- AGE OF NUMBER OF MEMBERS IN organized to serve as units of the Selected tember 30, 2008, the following number of Re- PAY GRADE E–9. Reserve of such component which are on ac- serves to be serving on full-time active duty Section 517(a) of title 10, United States tive duty (other than for training) at the end or full-time duty, in the case of members of Code, is amended by striking ‘‘1 percent’’ and of the fiscal year; and the National Guard, for the purpose of orga- inserting ‘‘1.25 percent’’. (2) the total number of individual members nizing, administering, recruiting, instruct- Subtitle B—Reserve Forces not in units organized to serve as units of the Selected Reserve of such component who ing, or training the reserve components: SEC. 411. END STRENGTHS FOR SELECTED RE- are on active duty (other than for training or (1) The Army National Guard of the United SERVE. for unsatisfactory participation in training) States, 29,204. (a) IN GENERAL.—The Armed Forces are au- without their consent at the end of the fiscal (2) The Army Reserve, 15,870. thorized strengths for Selected Reserve per- year. (3) The Navy Reserve, 11,579. sonnel of the reserve components as of Sep- (c) END STRENGTH INCREASES.—Whenever (4) The Marine Corps Reserve, 2,261. tember 30, 2008, as follows: units or individual members of the Selected (5) The Air National Guard of the United (1) The Army National Guard of the United Reserve of any reserve component are re- States, 13,936. States, 351,300. leased from active duty during any fiscal (6) The Air Force Reserve, 2,721. (2) The Army Reserve, 205,000. year, the end strength prescribed for such (3) The Navy Reserve, 67,800. fiscal year for the Selected Reserve of such SEC. 413. END STRENGTHS FOR MILITARY TECH- (4) The Marine Corps Reserve, 39,600. reserve component shall be increased propor- NICIANS (DUAL STATUS). (5) The Air National Guard of the United tionately by the total authorized strengths The minimum number of military techni- States, 106,700. of such units and by the total number of cians (dual status) as of the last day of fiscal (6) The Air Force Reserve, 67,500. such individual members. year 2008 for the reserve components of the (7) The Coast Guard Reserve, 10,000. SEC. 412. END STRENGTHS FOR RESERVES ON AC- (b) END STRENGTH REDUCTIONS.—The end TIVE DUTY IN SUPPORT OF THE RE- Army and the Air Force (notwithstanding strengths prescribed by subsection (a) for the SERVES. section 129 of title 10, United States Code) Selected Reserve of any reserve component Within the end strengths prescribed in sec- shall be the following: shall be proportionately reduced by— tion 411(a), the reserve components of the

VerDate Aug 31 2005 04:24 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.052 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H105 (1) For the Army Reserve, 8,249. such members would more appropriately be Sec. 502. Enhanced authority for Reserve (2) For the Army National Guard of the performed by members of the Armed Forces general and flag officers to United States, 26,502. on active duty under other provisions of title serve on active duty. (3) For the Air Force Reserve, 9,909. 10, United States Code, or by full-time sup- Sec. 503. Increase in years of commissioned (4) For the Air National Guard of the port personnel of reserve components. service threshold for discharge United States, 22,553. (2) SUBMISSION OF RESULTS.—Not later than of probationary officers and for SEC. 414. FISCAL YEAR 2008 LIMITATION ON NUM- March 1, 2008, the Secretary shall submit to use of force shaping authority. BER OF NON-DUAL STATUS TECHNI- Congress the results of the review, including Sec. 504. Mandatory retirement age for ac- CIANS. a description of the adjustments in Depart- tive-duty general and flag offi- (a) LIMITATIONS.— ment of Defense policy to be implemented as cers continued on active duty. (1) NATIONAL GUARD.—Within the limita- a result of the review and such recommenda- Sec. 505. Authority for reduced mandatory tion provided in section 10217(c)(2) of title 10, tions for changes in statute, as the Secretary service obligation for initial ap- United States Code, the number of non-dual considers to be appropriate. pointments of officers in criti- status technicians employed by the National (b) IMPROVED ACCOUNTING FOR RESERVE Guard as of September 30, 2008, may not ex- cally short health professional COMPONENT PERSONNEL PROVIDING OPER- specialties. ceed the following: ATIONAL SUPPORT.—Section 115(b) of title 10, Sec. 506. Expansion of authority for reenlist- (A) For the Army National Guard of the United States Code, is amended by adding at ment of officers in their former United States, 1,600. the end the following new paragraph: enlisted grade. (B) For the Air National Guard of the ‘‘(4) As part of the budget justification ma- United States, 350. terials submitted by the Secretary of De- Sec. 507. Increase in authorized number of (2) ARMY RESERVE.—The number of non- fense to Congress in support of the end permanent professors at the dual status technicians employed by the strength authorizations required under sub- United States Military Acad- Army Reserve as of September 30, 2008, may emy. paragraphs (A) and (B) of subsection (a)(1) not exceed 595. for fiscal year 2009 and each fiscal year Sec. 508. Promotion of career military pro- (3) AIR FORCE RESERVE.—The number of thereafter, the Secretary shall provide the fessors of the Navy. non-dual status technicians employed by the following: Air Force Reserve as of September 30, 2008, Subtitle B—Reserve Component may not exceed 90. ‘‘(A) The number of members, specified by Management reserve component, authorized under sub- (b) NON-DUAL STATUS TECHNICIANS DE- paragraphs (A) and (B) of paragraph (1) who Sec. 511. Retention of military technicians FINED.—In this section, the term ‘‘non-dual were serving on active duty or full-time Na- who lose dual status in the Se- status technician’’ has the meaning given lected Reserve due to combat- tional Guard duty for operational support that term in section 10217(a) of title 10, related disability. United States Code. beyond each of the limits specified under subparagraphs (A) and (B) of paragraph (2) at Sec. 512. Constructive service credit upon SEC. 415. MAXIMUM NUMBER OF RESERVE PER- the end of the fiscal year preceding the fiscal original appointment of Re- SONNEL AUTHORIZED TO BE ON AC- year for which the budget justification mate- serve officers in certain health TIVE DUTY FOR OPERATIONAL SUP- care professions. PORT. rials are submitted. During fiscal year 2008, the maximum num- ‘‘(B) The number of members, specified by Sec. 513. Mandatory separation of Reserve ber of members of the reserve components of reserve component, on active duty for oper- officers in the grade of lieuten- the Armed Forces who may be serving at any ational support who, at the end of the fiscal ant general or vice admiral time on full-time operational support duty year for which the budget justification mate- after completion of 38 years of under section 115(b) of title 10, United States rials are submitted, are projected to be serv- commissioned service. Code, is the following: ing on active duty or full-time National Sec. 514. Maximum period of temporary Fed- (1) The Army National Guard of the United Guard duty for operational support beyond eral recognition of person as States, 17,000. such limits. Army National Guard officer or (2) The Army Reserve, 13,000. ‘‘(C) The number of members, specified by Air National Guard officer. (3) The Navy Reserve, 6,200. reserve component, on active duty or full- Sec. 515. Advance notice to members of re- (4) The Marine Corps Reserve, 3,000. time National Guard duty for operational serve components of deploy- (5) The Air National Guard of the United support who are included in, and counted ment in support of contingency States, 16,000. against, the end strength authorizations re- operations. (6) The Air Force Reserve, 14,000. quested under subparagraphs (A) and (B) of Sec. 516. Report on relief from professional SEC. 416. FUTURE AUTHORIZATIONS AND AC- subsection (a)(1). licensure and certification re- COUNTING FOR CERTAIN RESERVE ‘‘(D) A summary of the missions being per- quirements for reserve compo- COMPONENT PERSONNEL AUTHOR- formed by members identified under sub- nent members on long-term ac- IZED TO BE ON ACTIVE DUTY OR paragraphs (A) and (B).’’. tive duty. FULL-TIME NATIONAL GUARD DUTY SEC. 417. REVISION OF VARIANCES AUTHORIZED TO PROVIDE OPERATIONAL SUP- FOR SELECTED RESERVE END Subtitle C—Education and Training PORT. STRENGTHS. Sec. 521. Revisions to authority to pay tui- (a) REVIEW OF OPERATIONAL SUPPORT MIS- Section 115(f)(3) of title 10, United States tion for off-duty training or SIONS PERFORMED BY CERTAIN RESERVE COM- Code, is amended by striking ‘‘2 percent’’ and education. PONENT PERSONNEL.— inserting ‘‘3 percent’’. (1) REVIEW REQUIRED.—The Secretary of Sec. 522. Reduction or elimination of service Defense shall conduct a review of the long- Subtitle C—Authorization of Appropriations obligation in an Army Reserve term operational support missions performed SEC. 421. MILITARY PERSONNEL. or Army National Guard troop by members of the reserve components au- There is hereby authorized to be appro- program unit for certain per- thorized under section 115(b) of title 10, priated to the Department of Defense for sons selected as medical stu- dents at Uniformed Services United States Code, to be on active duty or military personnel for fiscal year 2008 a total University of the Health full-time National Guard duty for the pur- of $117,091,420,000. The authorization in the Sciences. pose of providing operational support, with preceding sentence supersedes any other au- the objectives of such review being— thorization of appropriations (definite or in- Sec. 523. Repeal of annual limit on number of ROTC scholarships under (A) minimizing the number of reserve com- definite) for such purpose for fiscal year 2008. ponent members who perform such service Army Reserve and Army Na- for a period greater than 1,095 consecutive TITLE V—MILITARY PERSONNEL POLICY tional Guard financial assist- days, or cumulatively for 1,095 days out of Subtitle A—Officer Personnel Policy ance program. the previous 1,460 days; and Sec. 501. Assignment of officers to des- Sec. 524. Treatment of prior active service of (B) determining which long-term oper- ignated positions of importance members in uniformed medical ational support missions being performed by and responsibility. accession programs.

VerDate Aug 31 2005 04:24 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.052 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H106 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Sec. 525. Repeal of post-2007–2008 academic Sec. 565. Authorization and request for Sec. 598. Program to commemorate 50th an- year prohibition on phased in- award of Medal of Honor to Pri- niversary of the Vietnam War. crease in cadet strength limit vate George D. Wilson for acts Sec. 599. Recognition of members of the at the United States Military of valor as one of Andrews’ Monuments, Fine Arts, and Ar- Academy. Raiders during the Civil War. chives program of the Civil Af- Sec. 526. National Defense University mas- Subtitle G—Impact Aid and Defense fairs and Military Government ter’s degree programs. Dependents Education System Sections of the Armed Forces Sec. 527. Authority of the Air University to during and following World War Sec. 571. Continuation of authority to assist confer degree of master of II. local educational agencies that science in flight test engineer- Subtitle A—Officer Personnel Policy ing. benefit dependents of members of the Armed Forces and De- SEC. 501. ASSIGNMENT OF OFFICERS TO DES- Sec. 528. Enhancement of education benefits IGNATED POSITIONS OF IMPOR- for certain members of reserve partment of Defense civilian employees. TANCE AND RESPONSIBILITY. components. (a) CONTINUATION IN GRADE WHILE AWAIT- Sec. 572. Impact aid for children with severe Sec. 529. Extension of period of entitlement ING ORDERS.—Section 601(b) of title 10, disabilities. to educational assistance for United States Code, is amended— certain members of the Se- Sec. 573. Inclusion of dependents of non-de- partment of Defense employees (1) by striking ‘‘and’’ at the end of para- lected Reserve affected by force graph (3); shaping initiatives. employed on Federal property in plan relating to force struc- (2) by redesignating paragraph (4) as para- Sec. 530. Time limit for use of educational graph (5); and assistance benefit for certain ture changes, relocation of military units, or base closures (3) by inserting after paragraph (3) the fol- members of reserve components lowing new paragraph (4): and resumption of benefit. and realignments. Sec. 574. Payment of private boarding school ‘‘(4) at the discretion of the Secretary of Sec. 531. Secretary of Defense evaluation of Defense, while the officer is awaiting orders the adequacy of the degree- tuition for military dependents in overseas areas not served by after being relieved from the position des- granting authorities of certain ignated under subsection (a) or by law to military universities and edu- defense dependents’ education system schools. carry one of those grades, but not for more cational institutions. than 60 days beginning on the day the officer Sec. 532. Report on success of Army Na- Subtitle H—Military Families is relieved from the position, unless, during tional Guard and Reserve Sen- Sec. 581. Department of Defense Military such period, the officer is placed under or- ior Reserve Officers’ Training Family Readiness Council and ders to another position designated under Corps financial assistance pro- policy and plans for military subsection (a) or by law to carry one of those gram. family readiness. grades, in which case paragraph (2) will also Sec. 533. Report on utilization of tuition as- Sec. 582. Yellow Ribbon Reintegration Pro- apply to the officer; and’’. sistance by members of the gram. (b) CONFORMING AMENDMENT REGARDING Armed Forces. Sec. 583. Study to enhance and improve sup- GENERAL AND FLAG OFFICER CEILINGS.—Sec- Sec. 534. Navy Junior Reserve Officers’ port services and programs for tion 525(e) of such title is amended by strik- Training Corps unit for families of members of regular ing paragraph (2) and inserting the following Southold, Mattituck, and and reserve components under- new paragraph: Greenport High Schools. going deployment. ‘‘(2) At the discretion of the Secretary of Sec. 535. Report on transfer of administra- Sec. 584. Protection of child custody ar- Defense, an officer of that armed force who tion of certain educational as- rangements for parents who are has been relieved from a position designated sistance programs for members members of the Armed Forces under section 601(a) of this title or by law to of the reserve components. deployed in support of a contin- carry one of the grades specified in such sec- Subtitle D—Military Justice and Legal gency operation. tion, but only during the 60-day period begin- Assistance Matters Sec. 585. Family leave in connection with ning on the date on which the assignment of Sec. 541. Authority to designate civilian em- injured members of the Armed the officer to the first position is terminated ployees of the Federal Govern- Forces. or until the officer is assigned to a second ment and dependents of de- Sec. 586. Family care plans and deferment of such position, whichever occurs first.’’. ceased members as eligible for deployment of single parent or SEC. 502. ENHANCED AUTHORITY FOR RESERVE legal assistance from Depart- dual military couples with GENERAL AND FLAG OFFICERS TO ment of Defense legal staff re- minor dependents. SERVE ON ACTIVE DUTY. sources. Sec. 587. Education and treatment services Section 526(d) of title 10, United States Sec. 542. Authority of judges of the United for military dependent children Code, is amended— States Court of Appeals for the with autism. (1) by inserting ‘‘(1)’’ before ‘‘The limita- Armed Forces to administer Sec. 588. Commendation of efforts of Project tions’’; and oaths. Compassion in paying tribute (2) by adding at the end the following new Sec. 543. Modification of authorities on sen- to members of the Armed paragraph: ior members of the Judge Advo- Forces who have fallen in the ‘‘(2) The limitations of this section also do cate Generals’ Corps. service of the United States. not apply to a number, as specified by the Sec. 544. Prohibition against members of the Subtitle I—Other Matters Secretary of the military department con- Armed Forces participating in cerned, of reserve component general or flag criminal street gangs. Sec. 590. Uniform performance policies for officers authorized to serve on active duty military bands and other musi- Subtitle E—Military Leave for a period of not more than 365 days. The cal units. Sec. 551. Temporary enhancement of carry- number so specified for an armed force may Sec. 591. Transportation of remains of de- not exceed the number equal to 10 percent of over of accumulated leave for ceased members of the Armed members of the Armed Forces. the authorized number of general or flag offi- Forces and certain other per- cers, as the case may be, of that armed force Sec. 552. Enhancement of rest and recuper- sons. ation leave. under section 12004 of this title. In deter- Sec. 592. Expansion of number of academies mining such number, any fraction shall be Subtitle F—Decorations and Awards supportable in any State under rounded down to the next whole number, ex- Sec. 561. Authorization and request for STARBASE program. cept that such number shall be at least award of Medal of Honor to Les- Sec. 593. Gift acceptance authority. one.’’. Sec. 594. Conduct by members of the Armed lie H. Sabo, Jr., for acts of valor SEC. 503. INCREASE IN YEARS OF COMMISSIONED during the Vietnam War. Forces and veterans out of uni- SERVICE THRESHOLD FOR DIS- Sec. 562. Authorization and request for form during hoisting, lowering, CHARGE OF PROBATIONARY OFFI- award of Medal of Honor to or passing of United States CERS AND FOR USE OF FORCE SHAP- Henry Svehla for acts of valor flag. ING AUTHORITY. during the Korean War. Sec. 595. Annual report on cases reviewed by (a) ACTIVE-DUTY LIST OFFICERS.— Sec. 563. Authorization and request for National Committee for Em- (1) EXTENDED PROBATIONARY PERIOD.—Para- award of Medal of Honor to ployer Support of the Guard graph (1)(A) of section 630 of title 10, United Woodrow W. Keeble for acts of and Reserve. States Code, is amended by striking ‘‘five valor during the Korean War. Sec. 596. Modification of Certificate of Re- years’’ and inserting ‘‘six years’’. Sec. 564. Authorization and request for lease or Discharge from Active (2) SECTION HEADING.—The heading of such award of Medal of Honor to Pri- Duty (DD Form 214). section is amended by striking ‘‘five years’’ vate Philip G. Shadrach for Sec. 597. Reports on administrative separa- and inserting ‘‘six years’’. acts of valor as one of Andrews’ tions of members of the Armed (3) TABLE OF SECTIONS.—The item relating Raiders during the Civil War. Forces for personality disorder. to such section in the table of sections at the

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.053 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H107 beginning of subchapter III of chapter 36 of (A) by striking ‘‘a reserve officer’’ and in- retary for utilization of authorized exemp- such title is amended to read as follows: serting ‘‘an officer’’; and tions under section 523(b)(8) of title 10, ‘‘630. Discharge of commissioned officers (B) by striking ‘‘a temporary appoint- United States Code, and a discussion of the with less than six years of ac- ment’’ and inserting ‘‘an appointment’’; and Navy’s requirement, if any, and projections tive commissioned service or (2) in subsection (b)— for use of additional exemptions by grade. found not qualified for pro- (A) in paragraph (1), by striking ‘‘a Reserve Subtitle B—Reserve Component Management motion for first lieutenant or officer’’ and inserting ‘‘an officer’’; and SEC. 511. RETENTION OF MILITARY TECHNICIANS lieutenant (junior grade).’’. (B) in paragraph (2), by striking ‘‘the Re- WHO LOSE DUAL STATUS IN THE SE- serve commission’’ and inserting ‘‘the com- LECTED RESERVE DUE TO COMBAT- (b) OFFICER FORCE SHAPING AUTHORITY.— mission’’. RELATED DISABILITY. Section 647(b)(1) of such title is amended by Section 10216 of title 10, United States striking ‘‘5 years’’ both places it appears and SEC. 507. INCREASE IN AUTHORIZED NUMBER OF PERMANENT PROFESSORS AT THE Code, is amended by inserting after sub- inserting ‘‘six years’’. UNITED STATES MILITARY ACAD- section (f) the following new subsection: (c) RESERVE OFFICERS.— EMY. ‘‘(g) RETENTION OF MILITARY TECHNICIANS (1) EXTENDED PROBATIONARY PERIOD.—Sub- Paragraph (4) of section 4331(b) of title 10, WHO LOSE DUAL STATUS DUE TO COMBAT-RE- section (a)(1) of section 14503 of such title is United States Code, is amended to read as LATED DISABILITY.—(1) Notwithstanding sub- amended by striking ‘‘five years’’ and insert- follows: section (d) of this section or subsections ing ‘‘six years’’. ‘‘(4) Twenty-eight permanent professors.’’. (a)(3) and (b) of section 10218 of this title, if (2) SECTION HEADING.—The heading of such SEC. 508. PROMOTION OF CAREER MILITARY a military technician (dual status) loses such section is amended by striking ‘‘five years’’ PROFESSORS OF THE NAVY. dual status as the result of a combat-related and inserting ‘‘six years’’. (a) PROMOTION.— disability (as defined in section 1413a of this (3) TABLE OF SECTIONS.—The item relating (1) IN GENERAL.—Chapter 603 of title 10, title), the person may be retained as a non- to such section in the table of sections at the United States Code, is amended— dual status technician so long as— beginning of chapter 1407 of such title is (A) by redesignating section 6970 as section ‘‘(A) the combat-related disability does not amended to read as follows: 6970a; and prevent the person from performing the non- ‘‘14503. Discharge of officers with less than (B) by inserting after section 6969 the fol- dual status functions or position; and six years of commissioned serv- lowing new section 6970: ‘‘(B) the person, while a non-dual status ice or found not qualified for ‘‘§ 6970. Permanent professors: promotion technician, is not disqualified from per- promotion to first lieutenant or ‘‘(a) PROMOTION.—An officer serving as a forming the non-dual status functions or po- lieutenant (junior grade).’’. permanent professor may be recommended sition because of performance, medical, or SEC. 504. MANDATORY RETIREMENT AGE FOR AC- for promotion to the grade of captain or other reasons. TIVE-DUTY GENERAL AND FLAG OF- colonel, as the case may be, under regula- ‘‘(2) A person so retained shall be removed FICERS CONTINUED ON ACTIVE tions prescribed by the Secretary of the not later than 30 days after becoming eligi- DUTY. Navy. The regulations shall include a com- ble for an unreduced annuity and becoming Section 637(b)(3) of title 10, United States petitive selection board process to identify 60 years of age. Code, is amended by striking ‘‘but such pe- those permanent professors best qualified for ‘‘(3) Persons retained under the authority riod may not (except as provided under sec- promotion. An officer so recommended shall of this subsection do not count against the tion 1251(b) of this title) extend beyond the be promoted by appointment to the higher limitations of section 10217(c) of this title.’’. date of the officer’s sixty-second birthday’’ grade by the President, by and with the ad- SEC. 512. CONSTRUCTIVE SERVICE CREDIT UPON and inserting ‘‘except as provided under sec- vice and consent of the Senate. ORIGINAL APPOINTMENT OF RE- tion 1251 or 1253 of this title’’. SERVE OFFICERS IN CERTAIN ‘‘(b) EFFECTIVE DATE OF PROMOTION.—If SEC. 505. AUTHORITY FOR REDUCED MANDA- HEALTH CARE PROFESSIONS. made, the promotion of an officer under sub- (a) INCLUSION OF ADDITIONAL HEALTH CARE TORY SERVICE OBLIGATION FOR section (a) shall be effective not earlier than INITIAL APPOINTMENTS OF OFFI- PROFESSIONS.—Paragraph (2) of section CERS IN CRITICALLY SHORT three years after the selection of the officer 12207(b) of title 10, United States Code, is HEALTH PROFESSIONAL SPECIAL- as a permanent professor as described in that amended to read as follows: TIES. subsection.’’. ‘‘(2)(A) If the Secretary of Defense deter- Section 651 of title 10, United States Code, (2) CLERICAL AMENDMENT.—The table of mines that the number of officers in a health is amended by adding at the end the fol- sections at the beginning of such chapter is profession described in subparagraph (B) who lowing new subsection: amended by striking the item relating to are serving in an active status in a reserve ‘‘(c)(1) For the armed forces under the ju- section 6970 and inserting the following new component of the Army, Navy, or Air Force risdiction of the Secretary of Defense, the items: in grades below major or lieutenant com- Secretary may waive the initial period of re- ‘‘6970. Permanent professors: promotion. mander is critically below the number need- quired service otherwise established pursu- ‘‘6970a. Permanent professors: retirement for ed in such health profession by such reserve ant to subsection (a) in the case of the initial years of service; authority for component in such grades, the Secretary of appointment of a commissioned officer in a deferral.’’. Defense may authorize the Secretary of the critically short health professional specialty (b) CONFORMING AMENDMENTS.—Section military department concerned to credit any specified by the Secretary for purposes of 641(2) of such title is amended— person who is receiving an original appoint- this subsection. (1) by striking ‘‘and the registrar’’ and in- ment as an officer for service in such health ‘‘(2) The minimum period of obligated serv- serting ‘‘, the registrar’’; and profession with a period of constructive cred- ice for an officer under a waiver under this (2) by inserting before the period at the end it in such amount (in addition to any subsection shall be the greater of— the following: ‘‘, and permanent professors of amount credited such person under para- ‘‘(A) two years; or the Navy (as defined in regulations pre- graph (1)) as will result in the grade of such ‘‘(B) in the case of an officer who has ac- scribed by the Secretary of the Navy)’’. person being that of captain or, in the case cepted an accession bonus or executed a con- (c) COMPETITIVE SELECTION ASSESSMENT.— of the Navy Reserve, lieutenant. tract or agreement for the multiyear receipt The Secretary of Defense shall conduct an ‘‘(B) The types of health professions re- of special pay for service in the armed forces, assessment of the effectiveness of the pro- ferred to in subparagraph (A) include the fol- the period of obligated service specified in motion system established under section 6970 lowing: such contract or agreement.’’. of title 10, United States Code, as added by ‘‘(i) Any health profession performed by of- SEC. 506. EXPANSION OF AUTHORITY FOR REEN- subsection (a), for permanent professors of ficers in the Medical Corps of the Army or LISTMENT OF OFFICERS IN THEIR the United States Naval Academy, including the Navy or by officers of the Air Force des- FORMER ENLISTED GRADE. an evaluation of the extent to which the im- ignated as a medical officer. (a) REGULAR ARMY.—Section 3258 of title plementation of the promotion system has ‘‘(ii) Any health profession performed by 10, United States Code, is amended— resulted in a competitive environment for officers in the Dental Corps of the Army or (1) in subsection (a)— the selection of permanent professors and an the Navy or by officers of the Air Force des- (A) by striking ‘‘a Reserve officer’’ and in- evaluation of whether the goals of the per- ignated as a dental officer. serting ‘‘an officer’’; and manent professor program have been ‘‘(iii) Any health profession performed by (B) by striking ‘‘a temporary appoint- achieved, including adequate career progres- officers in the Medical Service Corps of the ment’’ and inserting ‘‘an appointment’’; and sion and promotion opportunities for partici- Army or the Navy or by officers of the Air (2) in subsection (b)— pating officers. Not later than December 31, Force designated as a medical service officer (A) in paragraph (1), by striking ‘‘a Reserve 2009, the Secretary shall submit to the con- or biomedical sciences officer. officer’’ and inserting ‘‘an officer’’; and gressional defense committees a report con- ‘‘(iv) Any health profession performed by (B) in paragraph (2), by striking ‘‘the Re- taining the results of the assessment. officers in the Army Medical Specialist serve commission’’ and inserting ‘‘the com- (d) USE OF EXCLUSIONS FROM AUTHORIZED Corps. mission’’. OFFICER STRENGTHS.—Not later than March ‘‘(v) Any health profession performed by (b) REGULAR AIR FORCE.—Section 8258 of 31, 2008, the Secretary of the Navy shall sub- officers of the Nurse Corps of the Army or such title is amended— mit to the congressional defense committees the Navy or by officers of the Air Force des- (1) in subsection (a)— a report describing the plans of the Sec- ignated as a nurse.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.053 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H108 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(vi) Any health profession performed by the requirements to maintain licensure or education or training for which the charges officers in the Veterinary Corps of the Army certification by members of the National are paid. or by officers designated as a veterinary offi- Guard or other reserve components of the ‘‘(4) The Secretary concerned may not pay cer.’’. Armed Forces while on active duty for an ex- charges under paragraph (2) for tuition or ex- (b) CONFORMING AMENDMENT.—Paragraph tended period of time. penses of an officer of the Individual Ready (3) of such section is amended by striking ‘‘a (b) ELEMENTS OF STUDY.—In the study, the Reserve unless the officer enters into an medical or dental officer’’ and inserting ‘‘of- Comptroller General shall— agreement to remain in the Selected Reserve ficers covered by paragraph (2)’’. (1) identify the number and type of profes- or Individual Ready Reserve for at least 4 SEC. 513. MANDATORY SEPARATION OF RESERVE sional or other licensure or certification re- years after completion of the education or OFFICERS IN THE GRADE OF LIEU- quirements that may be adversely impacted training for which the charges are paid. TENANT GENERAL OR VICE ADMI- by extended periods of active duty; and ‘‘(5) The Secretary of a military depart- RAL AFTER COMPLETION OF 38 (2) determine mechanisms that would pro- ment may require an enlisted member of the YEARS OF COMMISSIONED SERVICE. vide relief from professional or other licen- Selected Reserve or Individual Ready Re- (a) MANDATORY SEPARATION.—Section 14508 sure or certification requirements for mem- serve to enter into an agreement to serve for of title 10, United States Code, is amended— bers of the reserve components while on ac- up to 4 years in the Selected Reserve or Indi- (1) by redesignating subsections (c), (d), tive duty for an extended period of time. vidual Ready Reserve, as the case may be, and (e) as subsections (e), (f), and (g), respec- (c) REPORT.—Not later than 120 days after after completion of the education or training tively; and the date of the enactment of this Act, the for which tuition or expenses are paid under (2) by inserting after subsection (b) the fol- Comptroller General shall submit to the paragraph (1) or (2), as applicable.’’. lowing new subsection (c): Committees on Armed Services of the Senate (2) REPEAL OF SUPERSEDED PROVISION.— ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR and House of Representatives a report con- Such section is further amended— LIEUTENANT GENERALS AND VICE ADMIRALS.— taining the results of the study and such rec- (A) by striking subsection (d); and Unless retired, transferred to the Retired Re- ommendations as the Comptroller General (B) by redesignating subsections (e) and (f) serve, or discharged at an earlier date, each considers appropriate to provide further re- as subsections (d) and (e), respectively. reserve officer of the Army, Air Force, or lief for members of the reserve components (3) REPAYMENT OF UNEARNED BENEFIT.— Marine Corps in the grade of lieutenant gen- from professional or other licensure or cer- Subsection (e) of such section, as redesig- eral and each reserve officer of the Navy in tification requirements while on active duty nated by paragraph (2) of this subsection, is the grade of vice admiral shall be separated for an extended period of time. amended— in accordance with section 14514 of this title (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and Subtitle C—Education and Training on the later of the following: (B) by adding at the end the following new ‘‘(1) 30 days after completion of 38 years of SEC. 521. REVISIONS TO AUTHORITY TO PAY TUI- paragraph: commissioned service. TION FOR OFF-DUTY TRAINING OR ‘‘(2) If a member of the Ready Reserve who EDUCATION. ‘‘(2) The fifth anniversary of the date of enters into an agreement under subsection (a) INCLUSION OF COAST GUARD.—Sub- the officer’s appointment in the grade of (c) does not complete the period of service section (a) of section 2007 of title 10, United lieutenant general or vice admiral.’’. specified in the agreement, the member shall States Code, is amended by striking ‘‘Sub- (b) CLERICAL AMENDMENTS.—Such section be subject to the repayment provisions of is further amended— ject to subsection (b), the Secretary of a section 303a(e) of title 37.’’. military department’’ and inserting ‘‘Subject (d) REGULATIONS.—Such section is further (1) in subsection (a), by inserting ‘‘FOR to subsections (b) and (c), the Secretary con- amended by adding at the end the following BRIGADIER GENERALS AND REAR ADMIRALS cerned’’. new subsection: (LOWER HALF)’’ after ‘‘GRADE’’ in the sub- (b) COMMISSIONED OFFICERS ON ACTIVE ‘‘(f) This section shall be administered section heading; and DUTY.—Subsection (b) of such section is under regulations prescribed by the Sec- (2) in subsection (b), by inserting ‘‘FOR amended— retary of Defense or, with respect to the MAJOR GENERALS AND REAR ADMIRALS’’ after (1) in paragraph (1)— Coast Guard when it is not operating as a ‘‘GRADE’’ in the subsection heading. (A) by inserting after ‘‘commissioned offi- service in the Navy, the Secretary of Home- SEC. 514. MAXIMUM PERIOD OF TEMPORARY FED- cer on active duty’’ the following: ‘‘(other land Security.’’. ERAL RECOGNITION OF PERSON AS (e) STUDY.— ARMY NATIONAL GUARD OFFICER than a member of the Ready Reserve)’’; OR AIR NATIONAL GUARD OFFICER. (B) by striking ‘‘the Secretary of the mili- (1) STUDY REQUIRED.—The Secretary of De- fense shall carry out a study on the tuition Section 308(a) of title 32, United States tary department concerned’’ and inserting assistance program carried out under section Code, is amended in the last sentence by ‘‘the Secretary concerned’’; and 2007 of title 10, United States Code. The striking ‘‘six months’’ and inserting ‘‘one (C) by striking ‘‘or full-time National study shall— year’’. Guard duty’’ both places it appears; and (2) in paragraph (2)— (A) identify the number of members of the SEC. 515. ADVANCE NOTICE TO MEMBERS OF RE- Armed Forces eligible for assistance under SERVE COMPONENTS OF DEPLOY- (A) in the matter preceding subparagraph MENT IN SUPPORT OF CONTIN- (A), by striking ‘‘the Secretary of the mili- the program, and the number who actually GENCY OPERATIONS. tary department’’ and inserting ‘‘the Sec- receive the assistance; (a) ADVANCE NOTICE REQUIRED.—The Sec- retary concerned’’; (B) assess the extent to which the program retary of a military department shall ensure (B) in subparagraph (B), by inserting after affects retention rates; and that a member of a reserve component under ‘‘active duty service’’ the following: ‘‘for (C) assess the extent to which State tui- the jurisdiction of that Secretary who will which the officer was ordered to active tion assistance programs affect retention be called or ordered to active duty for a pe- duty’’; and rates in those States. riod of more than 30 days in support of a con- (C) in subparagraph (C), by striking ‘‘Sec- (2) REPORT.—Not later than 9 months after tingency operation (as defined in section retary’’ and inserting ‘‘Secretary con- the date of the enactment of this Act, the 101(a)(13) of title 10, United States Code) re- cerned’’. Secretary shall submit to the Committee on ceives notice in advance of the mobilization (c) AUTHORITY TO PAY TUITION ASSISTANCE Armed Services of the Senate and the Com- date. In so far as is practicable, the notice TO MEMBERS OF THE READY RESERVE.— mittee on Armed Services of the House of shall be provided not less than 30 days before (1) AVAILABILITY OF ASSISTANCE.—Sub- Representatives a report containing the re- the mobilization date, but with a goal of 90 section (c) of such section is amended to read sults of the study. days before the mobilization date. as follows: SEC. 522. REDUCTION OR ELIMINATION OF SERV- ICE OBLIGATION IN AN ARMY RE- (b) REDUCTION OR WAIVER OF NOTICE RE- ‘‘(c)(1) Subject to paragraphs (3) and (5), SERVE OR ARMY NATIONAL GUARD QUIREMENT.—The Secretary of Defense may the Secretary concerned may pay the charges of an educational institution for the TROOP PROGRAM UNIT FOR CER- waive the requirement of subsection (a), or TAIN PERSONS SELECTED AS MED- authorize shorter notice than the minimum tuition or expenses described in subsection ICAL STUDENTS AT UNIFORMED specified in such subsection, during a war or (a) of a member of the Selected Reserve. SERVICES UNIVERSITY OF THE national emergency declared by the Presi- ‘‘(2) Subject to paragraphs (4) and (5), the HEALTH SCIENCES. dent or Congress or to meet mission require- Secretary concerned may pay the charges of Paragraph (3) of section 2107a(b) of title 10, ments. If the waiver or reduction is made on an educational institution for the tuition or United States Code, is amended to read as account of mission requirements, the Sec- expenses described in subsection (a) of a follows: retary shall submit to Congress a report de- member of the Individual Ready Reserve who ‘‘(3)(A) Subject to subparagraph (C), in the tailing the reasons for the waiver or reduc- has a military occupational specialty des- case of a person described in subparagraph tion and the mission requirements at issue. ignated by the Secretary concerned for pur- (B), the Secretary may, at any time and with poses of this subsection. the consent of the person, modify an agree- SEC. 516. REPORT ON RELIEF FROM PROFES- SIONAL LICENSURE AND CERTIFI- ‘‘(3) The Secretary concerned may not pay ment described in paragraph (1)(F) submitted CATION REQUIREMENTS FOR RE- charges under paragraph (1) for tuition or ex- by the person for the purpose of reducing or SERVE COMPONENT MEMBERS ON penses of an officer of the Selected Reserve eliminating the troop program unit service LONG-TERM ACTIVE DUTY. unless the officer enters into an agreement obligation specified in the agreement and to (a) STUDY.—The Comptroller General of to remain a member of the Selected Reserve establish, in lieu of that obligation, an ac- the United States shall conduct a study of for at least 4 years after completion of the tive duty service obligation.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.053 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H109 ‘‘(B) Subparagraph (A) applies with respect rate of basic pay in excess of the rate of ‘‘§ 2163. National Defense University: master’s to the following persons: basic pay for regular officers in the grade of degree programs’’. ‘‘(i) A cadet under this section at a mili- second lieutenant or ensign, the member (2) TABLE OF CONTENTS.—The table of sec- tary junior college. shall be paid basic pay based on the former tions at the beginning of chapter 108 of such ‘‘(ii) A cadet or former cadet under this grade and years of service credited for pay. title is amended by striking the item relat- section who is selected under section 2114 of The amount of such basic pay for the mem- ing to section 2163 and inserting the fol- this title to be a medical student at the Uni- ber shall be increased on January 1 of each lowing new item: formed Services University of the Health year by the percentage by which basic pay is increased on average on that date for that ‘‘2163. National Defense University: master’s Sciences. degree programs.’’. ‘‘(iii) A cadet or former cadet under this year, and the member shall continue to re- section who signs an agreement under sec- ceive basic pay based on the former grade (c) APPLICABILITY TO 2006–2007 GRAD- tion 2122 of this title for participation in the and years of service until the date, whether UATES.—Paragraph (4) of section 2163(b) of Armed Forces Health Professions Scholar- occurring before or after the conclusion of title 10, United States Code, as added by sub- ship and Financial Assistance program. such participation, on which the basic pay section (a) of this section, applies with re- ‘‘(C) The modification of an agreement de- for the member in the member’s actual grade spect to any person who becomes a graduate scribed in paragraph (1)(F) may be made only and years of service credited for pay exceeds of the National Defense University on or if the Secretary determines that it is in the the amount of basic pay to which the mem- after September 6, 2006, and fulfills the re- best interests of the United States to do so.’’. ber is entitled based on the member’s former quirements of the program referred to in grade and years of service.’’. such paragraph (4). SEC. 523. REPEAL OF ANNUAL LIMIT ON NUMBER (c) OFFICERS DETAILED AS STUDENTS AT OF ROTC SCHOLARSHIPS UNDER SEC. 527. AUTHORITY OF THE AIR UNIVERSITY TO ARMY RESERVE AND ARMY NA- MEDICAL SCHOOLS.— CONFER DEGREE OF MASTER OF TIONAL GUARD FINANCIAL ASSIST- (1) APPOINTMENT AND TREATMENT OF PRIOR SCIENCE IN FLIGHT TEST ENGI- ANCE PROGRAM. ACTIVE SERVICE.—Section 2004a of such title NEERING. Section 2107a(h) of title 10, United States is amended— Section 9317(a) of title 10, United States Code, is amended by striking ‘‘not more than (A) by redesignating subsections (e) Code, is amended— 416 cadets each year under this section, to through (h) as subsections (f) through (i), re- (1) by redesignating paragraph (4) as para- include’’ and inserting ‘‘each year under this spectively; and graph (5); and section’’. (B) by inserting after subsection (d) the (2) by inserting after paragraph (3) the fol- SEC. 524. TREATMENT OF PRIOR ACTIVE SERVICE following new subsection: lowing new paragraph: OF MEMBERS IN UNIFORMED MED- ‘‘(e) APPOINTMENT AND TREATMENT OF ‘‘(4) The degree of master of science in ICAL ACCESSION PROGRAMS. PRIOR ACTIVE SERVICE.—(1) A commissioned flight test engineering upon graduates of the (a) MEDICAL STUDENTS OF USUHS.— officer detailed as a student at a medical Air Force Test Pilot School who fulfill the (1) TREATMENT OF STUDENTS WITH PRIOR AC- school under subsection (a) shall be ap- requirements for that degree in a manner TIVE SERVICE.—Section 2114 of title 10, United pointed as a regular officer in the grade of consistent with the recommendations of the States Code, is amended— second lieutenant or ensign and shall serve Department of Education and the principles (A) by redesignating subsections (c) on active duty in that grade with full pay of the regional accrediting body for the Air through (h) as subsections (d) through (i), re- and allowances of that grade. University.’’. spectively; and ‘‘(2) If an officer detailed to be a medical SEC. 528. ENHANCEMENT OF EDUCATION BENE- (B) in subsection (b)— student has prior active service in a pay FITS FOR CERTAIN MEMBERS OF RE- (i) by inserting ‘‘(1)’’ after ‘‘(b)’’; and grade and with years of service credited for SERVE COMPONENTS. (ii) by inserting after the second sentence pay that would entitle the officer, if the offi- (a) ACCELERATED PAYMENT OF EDUCATIONAL the following new paragraph: cer remained in the former grade, to a rate ASSISTANCE FOR MEMBERS OF THE SELECTED ‘‘(2) If a member of the uniformed services of basic pay in excess of the rate of basic pay RESERVE.— selected to be a student has prior active for regular officers in the grade of second (1) IN GENERAL.—Chapter 1606 of title 10, service in a pay grade and with years of serv- lieutenant or ensign, the officer shall be paid United States Code, is amended by inserting ice credited for pay that would entitle the basic pay based on the former grade and after section 16131 the following new section: member, if the member remained in the years of service credited for pay. The amount ‘‘§ 16131a. Accelerated payment of edu- former grade, to a rate of basic pay in excess of such basic pay for the officer shall be in- cational assistance of the rate of basic pay for regular officers in creased on January 1 of each year by the per- ‘‘(a) The educational assistance allowance the grade of second lieutenant or ensign, the centage by which basic pay is increased on payable under section 16131 of this title with member shall be paid basic pay based on the average on that date for that year, and the respect to an eligible person described in officer shall continue to receive basic pay former grade and years of service credited subsection (b) may, upon the election of such based on the former grade and years of serv- for pay. The amount of such basic pay for the eligible person, be paid on an accelerated ice until the date, whether occurring before member shall be increased on January 1 of basis in accordance with this section. each year by the percentage by which basic or after graduation, on which the basic pay ‘‘(b) An eligible person described in this pay is increased on average on that date for for the officer in the officer’s actual grade subsection is a person entitled to edu- and years of service credited for pay exceeds that year, and the member shall continue to cational assistance under this chapter who the amount of basic pay to which the officer receive basic pay based on the former grade is— is entitled based on the officer’s former and years of service until the date, whether ‘‘(1) enrolled in an approved program of grade and years of service.’’. occurring before or after graduation, on education not exceeding two years in dura- (2) TECHNICAL AMENDMENT.—Subsection (c) which the basic pay for the member in the tion and not leading to an associate, bach- of such section is amended by striking ‘‘sub- member’s actual grade and years of service elors, masters, or other degree, subject to section (c)’’ and inserting ‘‘subsection (b)’’. credited for pay exceeds the amount of basic subsection (g); and pay to which the member is entitled based SEC. 525. REPEAL OF POST-2007–2008 ACADEMIC ‘‘(2) charged tuition and fees for the pro- YEAR PROHIBITION ON PHASED IN- on the member’s former grade and years of CREASE IN CADET STRENGTH LIMIT gram of education that, when divided by the service.’’. AT THE UNITED STATES MILITARY number of months (and fractions thereof) in (2) CONFORMING AMENDMENTS.—Such sec- ACADEMY. the enrollment period, exceeds the amount tion is further amended— Section 4342(j)(1) of title 10, United States equal to 200 percent of the monthly rate of (A) in subsection (b), by striking ‘‘Upon Code, is amended by striking the last sen- educational assistance allowance otherwise graduation they’’ and inserting the fol- tence. payable with respect to the person under sec- lowing: SEC. 526. NATIONAL DEFENSE UNIVERSITY MAS- tion 16131 of this title. ‘‘(c) Medical students who graduate’’; and TER’S DEGREE PROGRAMS. ‘‘(c)(1) The amount of the accelerated pay- (B) in subsection (i), as redesignated by (a) MASTER OF ARTS PROGRAM AUTHOR- ment of educational assistance payable with paragraph (1), by striking ‘‘subsection (b)’’ IZED.—Section 2163 of title 10, United States respect to an eligible person making an elec- and inserting ‘‘subsection (c)’’. Code, is amended— tion under subsection (a) for a program of (b) PARTICIPANTS IN HEALTH PROFESSIONS (1) in subsection (a), by inserting ‘‘or mas- education shall be the lesser of— SCHOLARSHIP AND FINANCIAL ASSISTANCE ter of arts’’ after ‘‘master of science’’; and ‘‘(A) the amount equal to 60 percent of the PROGRAM.—Section 2121(c) of such title is (2) in subsection (b), by adding at the end established charges for the program of edu- amended— the following new paragraph: cation; or (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and ‘‘(4) MASTER OF ARTS IN STRATEGIC SECU- ‘‘(B) the aggregate amount of educational (2) by adding at the end the following new RITY STUDIES.—The degree of master of arts assistance allowance to which the person re- paragraph: in strategic security studies, to graduates of mains entitled under this chapter at the ‘‘(2) If a member of the uniformed services the University who fulfill the requirements time of the payment. selected to participate in the program as a of the program at the School for National ‘‘(2)(A) In this subsection, except as pro- medical student has prior active service in a Security Executive Education.’’. vided in subparagraph (B), the term ‘estab- pay grade and with years of service credited (b) CLERICAL AMENDMENTS.— lished charges’, in the case of a program of for pay that would entitle the member, if the (1) SECTION HEADING.—The heading of such education, means the actual charges (as de- member remained in the former grade, to a section is amended to read as follows: termined pursuant to regulations prescribed

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.053 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H110 CONGRESSIONAL RECORD — HOUSE January 16, 2008

by the Secretary of Veterans Affairs) for tui- (2) CLERICAL AMENDMENT.—The table of erated payment of educational assistance al- tion and fees which similarly circumstanced sections at the beginning of chapter 1606 of lowance is elected by an eligible member individuals who are not eligible for benefits such title is amended by inserting after the under subsection (a) shall certify to the Sec- under this chapter and who are enrolled in item relating to section 16131 the following retary of Veterans Affairs the amount of the the program of education would be required new item: established charges for the program of edu- to pay. Established charges shall be deter- ‘‘16131a. Accelerated payment of educational cation. mined on the following basis: assistance.’’. ‘‘(d) TIME OF PAYMENT.—An accelerated ‘‘(i) In the case of an individual enrolled in payment of educational assistance allowance (3) EFFECTIVE DATE.—The amendments a program of education offered on a term, made with respect to an eligible member made by this subsection shall take effect on quarter, or semester basis, the tuition and under this section for a program of education October 1, 2008, and shall only apply to ini- fees charged the individual for the term, shall be made not later than the last day of tial enrollments in approved programs of quarter, or semester. the month immediately following the month education after such date. ‘‘(ii) In the case of an individual enrolled (b) ACCELERATED PAYMENT OF EDUCATIONAL in which the Secretary of Veterans Affairs in a program of education not offered on a ASSISTANCE FOR RESERVE COMPONENT MEM- receives a certification from the educational term, quarter, or semester basis, the tuition BERS SUPPORTING CONTINGENCY OPERATIONS institution regarding— and fees charged the individual for the entire AND OTHER OPERATIONS.— ‘‘(1) the member’s enrollment in and pur- program of education. (1) IN GENERAL.—Chapter 1607 of title 10, suit of the program of education; and ‘‘(B) In this subsection, the term ‘estab- ‘‘(2) the amount of the established charges lished charges’ does not include any fees or United States Code, is amended by inserting after section 16162 the following new section: for the program of education. payments attributable to the purchase of a ‘‘(e) CHARGE AGAINST ENTITLEMENT.—(1) vehicle. ‘‘§ 16162a. Accelerated payment of edu- Except as provided in paragraph (2), for each ‘‘(3) The educational institution providing cational assistance accelerated payment of educational assist- the program of education for which an accel- ‘‘(a) PAYMENT ON ACCELERATED BASIS.—The ance allowance made with respect to an eli- erated payment of educational assistance al- educational assistance allowance payable gible member under this section, the mem- lowance is elected by an eligible person under section 16162 of this title with respect ber’s entitlement to educational assistance under subsection (a) shall certify to the Sec- to an eligible member described in sub- under this chapter shall be charged the num- retary of Veterans Affairs the amount of the section (b) may, upon the election of such el- ber of months (and any fraction thereof) de- established charges for the program of edu- igible member, be paid on an accelerated termined by dividing the amount of the ac- cation. basis in accordance with this section. celerated payment by the full-time monthly ‘‘(d) An accelerated payment of edu- ‘‘(b) ELIGIBLE MEMBERS.—An eligible mem- cational assistance allowance made with re- rate of educational assistance allowance oth- ber described in this subsection is a member erwise payable with respect to the member spect to an eligible person under this section of a reserve component entitled to edu- for a program of education shall be made not under section 16162 of this title as of the be- cational assistance under this chapter who ginning date of the enrollment period for the later than the last day of the month imme- is— diately following the month in which the program of education for which the acceler- ‘‘(1) enrolled in an approved program of ated payment is made. Secretary of Veterans Affairs receives a cer- education not exceeding two years in dura- tification from the educational institution ‘‘(2) If the monthly rate of educational as- tion and not leading to an associate, bach- sistance allowance otherwise payable with regarding— elors, masters, or other degree, subject to ‘‘(1) the person’s enrollment in and pursuit respect to an eligible member under section subsection (g); and 16162 of this title increases during the enroll- of the program of education; and ‘‘(2) charged tuition and fees for the pro- ‘‘(2) the amount of the established charges ment period of a program of education for gram of education that, when divided by the which an accelerated payment of educational for the program of education. number of months (and fractions thereof) in ‘‘(e)(1) Except as provided in paragraph (2), assistance allowance is made under this sec- the enrollment period, exceeds the amount for each accelerated payment of educational tion, the charge to the member’s entitlement equal to 200 percent of the monthly rate of assistance allowance made with respect to to educational assistance under this chapter educational assistance allowance otherwise an eligible person under this section, the per- shall be determined by prorating the entitle- payable with respect to the member under son’s entitlement to educational assistance ment chargeable, in the manner provided for section 16162 of this title. under this chapter shall be charged the num- under paragraph (1), for the periods covered ‘‘(c) AMOUNT OF ACCELERATED PAYMENT.— ber of months (and any fraction thereof) de- by the initial rate and increased rate, respec- (1) The amount of the accelerated payment termined by dividing the amount of the ac- tively, in accordance with regulations pre- of educational assistance payable with re- celerated payment by the full-time monthly scribed by the Secretary of Veterans Affairs. spect to an eligible member making an elec- rate of educational assistance allowance oth- ‘‘(f) REGULATIONS.—The Secretary of Vet- tion under subsection (a) for a program of erwise payable with respect to the person erans Affairs shall prescribe regulations to education shall be the lesser of— under section 16131 of this title as of the be- carry out this section. The regulations shall ‘‘(A) the amount equal to 60 percent of the ginning date of the enrollment period for the include requirements, conditions, and meth- established charges for the program of edu- program of education for which the acceler- ods for the request, issuance, delivery, cer- cation; or ated payment is made. tification of receipt and use, and recovery of ‘‘(2) If the monthly rate of educational as- ‘‘(B) the aggregate amount of educational overpayment of an accelerated payment of sistance allowance otherwise payable with assistance allowance to which the member educational assistance allowance under this respect to an eligible person under section remains entitled under this chapter at the section. The regulations may include such 16131 of this title increases during the enroll- time of the payment. elements of the regulations prescribed under ‘‘(2)(A) In this subsection, except as pro- ment period of a program of education for section 3014A of title 38 as the Secretary of vided in subparagraph (B), the term ‘estab- which an accelerated payment of educational Veterans Affairs considers appropriate for lished charges’, in the case of a program of assistance allowance is made under this sec- purposes of this section. education, means the actual charges (as de- tion, the charge to the person’s entitlement ‘‘(g) LIMITATION.—The aggregate amount of to educational assistance under this chapter termined pursuant to regulations prescribed educational assistance payable under this shall be determined by prorating the entitle- by the Secretary of Veterans Affairs) for tui- section in any fiscal year for enrollments ment chargeable, in the manner provided for tion and fees which similarly circumstanced covered by subsection (b)(1) may not exceed under paragraph (1), for the periods covered individuals who are not eligible for benefits $3,000,000.’’. under this chapter and who are enrolled in by the initial rate and increased rate, respec- (2) CLERICAL AMENDMENT.—The table of tively, in accordance with regulations pre- the program of education would be required sections at the beginning of chapter 1607 of scribed by the Secretary of Veterans Affairs. to pay. Established charges shall be deter- such title is amended by inserting after the ‘‘(f) The Secretary of Veterans Affairs shall mined on the following basis: item relating to section 16162 the following prescribe regulations to carry out this sec- ‘‘(i) In the case of an individual enrolled in new item: tion. The regulations shall include require- a program of education offered on a term, ‘‘16162a. Accelerated payment of educational ments, conditions, and methods for the re- quarter, or semester basis, the tuition and assistance.’’. quest, issuance, delivery, certification of re- fees charged the individual for the term, ceipt and use, and recovery of overpayment quarter, or semester. (3) EFFECTIVE DATE.—The amendments of an accelerated payment of educational as- ‘‘(ii) In the case of an individual enrolled made by this subsection shall take effect on sistance allowance under this section. The in a program of education not offered on a October 1, 2008, and shall only apply to ini- regulations may include such elements of term, quarter, or semester basis, the tuition tial enrollments in approved programs of the regulations prescribed under section and fees charged the individual for the entire education after such date. 3014A of title 38 as the Secretary of Veterans program of education. (c) ENHANCEMENT OF EDUCATIONAL ASSIST- Affairs considers appropriate for purposes of ‘‘(B) In this subsection, the term ‘estab- ANCE FOR RESERVE COMPONENT MEMBERS this section. lished charges’ does not include any fees or SUPPORTING CONTINGENCY OPERATIONS AND ‘‘(g) The aggregate amount of educational payments attributable to the purchase of a OTHER OPERATIONS.— assistance payable under this section in any vehicle. (1) ASSISTANCE FOR THREE YEARS CUMU- fiscal year for enrollments covered by sub- ‘‘(3) The educational institution providing LATIVE SERVICE.—Subsection (c)(4)(C) of sec- section (b)(1) may not exceed $4,000,000.’’. the program of education for which an accel- tion 16162 of title 10, United States Code, is

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.053 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H111 amended by striking ‘‘for two continuous ‘‘(2) when the member separates from the (2) A minority institution, as defined in years or more.’’ and inserting ‘‘for— Ready Reserve as provided in section section 365(3) of that Act (20 U.S.C. 1067k(3)). ‘‘(i) two continuous years or more; or 16164(a)(1) of this title, or upon completion of (3) An Hispanic-serving institution, as de- ‘‘(ii) an aggregate of three years or more.’’. the period provided for in section 16164(a)(2) fined in section 502(a)(5) of that Act (20 (2) CONTRIBUTIONS FOR INCREASED AMOUNT of this title, as applicable.’’. U.S.C. 1101a(a)(5)). OF EDUCATIONAL ASSISTANCE.—Such section is (b) RECLAIMING BENEFIT FOR MEMBERS RE- SEC. 533. REPORT ON UTILIZATION OF TUITION further amended by adding at the end the ENTERING SERVICE.—Section 16165(b) of such ASSISTANCE BY MEMBERS OF THE following new subsection: title is amended by striking ‘‘of not more ARMED FORCES. ‘‘(f) CONTRIBUTIONS FOR INCREASED AMOUNT than 90 days’’ after ‘‘who incurs a break in (a) REPORTS REQUIRED.—Not later than OF EDUCATIONAL ASSISTANCE.—(1)(A) Any in- service in the Selected Reserve’’. April 1, 2008, the Secretary of each military dividual eligible for educational assistance (c) EFFECTIVE DATE.—The amendments department shall submit to the congres- under this section may contribute amounts made by this section shall take effect as of sional defense committees a report on the for purposes of receiving an increased October 28, 2004, as if included in the enact- utilization of tuition assistance by members amount of educational assistance as provided ment of the Ronald W. Reagan National De- of the Armed Forces, whether in the regular for in paragraph (2). fense Authorization Act for Fiscal Year 2005 components of the Armed Forces or the re- ‘‘(B) An individual covered by subpara- (Public Law 108–375), to which such amend- serve components of the Armed Forces, graph (A) may make the contributions au- ments relate. under the jurisdiction of such military de- thorized by that subparagraph at any time SEC. 531. SECRETARY OF DEFENSE EVALUATION partment during fiscal year 2007. while a member of a reserve component, but OF THE ADEQUACY OF THE DEGREE- (b) ELEMENTS.—The report with respect to not more frequently than monthly. GRANTING AUTHORITIES OF CER- a military department under subsection (a) ‘‘(C) The total amount of the contributions TAIN MILITARY UNIVERSITIES AND shall include the following: made by an individual under subparagraph EDUCATIONAL INSTITUTIONS. (1) Information on the policies of such (A) may not exceed $600. Such contributions (a) EVALUATION REQUIRED.—The Secretary military department for fiscal year 2007 re- shall be made in multiples of $20. of Defense shall carry out an evaluation of garding utilization of, and limits on, tuition ‘‘(D) Contributions under this subsection the degree-granting authorities provided by assistance by members of the Armed Forces shall be made to the Secretary concerned. title 10, United States Code, to the academic under the jurisdiction of such military de- Such Secretary shall deposit any amounts institutions specified in subsection (b). The partment, including an estimate of the num- received as contributions under this sub- evaluation shall assess whether the current ber of members of the reserve components of section into the Treasury as miscellaneous process, under which each degree conferred the Armed Forces under the jurisdiction of receipts. by each institution must have a statutory such military department whose requests for ‘‘(2) Effective as of the first day of the en- authorization, remains adequate, appro- tuition assistance during that fiscal year rollment period following the enrollment pe- priate, and responsive enough to meet were unfunded. riod in which an individual makes contribu- emerging military service education require- (2) Information on the policies of such tions under paragraph (1), the monthly ments. military department for fiscal year 2007 re- amount of educational assistance allowance (b) SPECIFIED INSTITUTIONS.—The academic garding funding of tuition assistance for applicable to such individual under this sec- institutions covered by subsection (a) are the each of the regular components of the Armed tion shall be the monthly rate otherwise pro- following: Forces and each of the reserve components of vided for under subsection (c) increased by— (1) The National Defense University. the Armed Forces under the jurisdiction of ‘‘(A) an amount equal to $5 for each $20 (2) The Army War College and the United such military department. contributed by such individual under para- States Army Command and General Staff graph (1) for an approved program of edu- College. SEC. 534. NAVY JUNIOR RESERVE OFFICERS’ cation pursued on a full-time basis; or TRAINING CORPS UNIT FOR (3) The United States Naval War College. SOUTHOLD, MATTITUCK, AND ‘‘(B) an appropriately reduced amount (4) The United States Naval Postgraduate GREENPORT HIGH SCHOOLS. based on the amount so contributed as deter- School. For purposes of meeting the requirements mined under regulations that the Secretary (5) Air University and the United States of section 2031(b) of title 10, United States of Veterans Affairs shall prescribe, for an ap- Air Force Institute of Technology. Code, the Secretary of the Navy may and, to proved program of education pursued on less (6) The Marine Corps University. the extent the schools request, shall treat than a full-time basis.’’. (c) REPORT.—Not later than April 1, 2008, any two or more of the following schools (all SEC. 529. EXTENSION OF PERIOD OF ENTITLE- the Secretary shall submit to the Committee in Southold, Suffolk County, New York) as a MENT TO EDUCATIONAL ASSIST- on Armed Services of the Senate and the single institution: ANCE FOR CERTAIN MEMBERS OF Committee on Armed Services of the House THE SELECTED RESERVE AFFECTED (1) Southold High School. BY FORCE SHAPING INITIATIVES. of Representatives a report on the evalua- (2) Mattituck High School. Section 16133(b)(1)(B) of title 10, United tion. The report shall include the results of (3) Greenport High School. States Code, is amended by inserting ‘‘or the the evaluation and any recommendations for SEC. 535. REPORT ON TRANSFER OF ADMINIS- period beginning on October 1, 2007, and end- changes to policy or law that the Secretary TRATION OF CERTAIN EDU- ing on September 30, 2014,’’ after ‘‘December considers appropriate. CATIONAL ASSISTANCE PROGRAMS 31, 2001,’’. SEC. 532. REPORT ON SUCCESS OF ARMY NA- FOR MEMBERS OF THE RESERVE TIONAL GUARD AND RESERVE SEN- COMPONENTS. SEC. 530. TIME LIMIT FOR USE OF EDUCATIONAL (a) REPORT REQUIRED.—Not later than Sep- ASSISTANCE BENEFIT FOR CERTAIN IOR RESERVE OFFICERS’ TRAINING MEMBERS OF RESERVE COMPO- CORPS FINANCIAL ASSISTANCE PRO- tember 1, 2008, the Secretary of Defense, in NENTS AND RESUMPTION OF BEN- GRAM. cooperation with the Secretary of Veterans EFIT. (a) REPORT REQUIRED.—Not later than 150 Affairs, shall submit to the congressional de- (a) MODIFICATION OF TIME LIMIT FOR USE OF days after the date of the enactment of this fense committees and the Committees on BENEFIT.— Act, the Secretary of the Army shall submit Veterans Affairs of the Senate and House of (1) MODIFICATION.—Section 16164(a) of title to the Committees on Armed Services of the Representatives a report on the feasibility 10, United States Code, is amended by strik- Senate and the House of Representatives a and merits of transferring the administra- ing ‘‘this chapter while serving—’’ and all report on the success of the financial assist- tion of the educational assistance programs that follows and inserting ‘‘this chapter— ance program of the Senior Reserve Officers’ for members of the reserve components con- ‘‘(1) while the member is serving— Training Corps under section 2107a of title tained in chapters 1606 and 1607 of title 10, ‘‘(A) in the Selected Reserve of the Ready 10, United States Code, in securing the ap- United States Code, from the Department of Reserve, in the case of a member called or pointment of second lieutenants in the Army Defense to the Department of Veterans Af- ordered to active service while serving in the Reserve and Army National Guard. The re- fairs. Selected Reserve; or port shall include detailed information on (b) ELEMENTS OF REPORT.—The report shall ‘‘(B) in the Ready Reserve, in the case of a the appointment of cadets under the finan- specifically address the following: member ordered to active duty while serving cial assistance program who are enrolled in (1) A discussion of the history and purpose in the Ready Reserve (other than the Se- an educational institution described in sub- of the educational assistance benefits under lected Reserve); and section (b) and address the efforts of the Sec- chapters 1606 and 1607 of title 10, United ‘‘(2) in the case of a person who separates retary to increase awareness of the avail- States Code, and the data most recently from the Selected Reserve of the Ready Re- ability and advantages of appointment in the available, as of the date of the enactment of serve after completion of a period of active Senior Reserve Officers’ Training Corps at this Act, relating to the cost of providing service described in section 16163 of this title these institutions and to increase the num- such benefits and the projected costs of pro- and completion of a service contract under ber of cadets at these institutions. viding such benefits over the ten-year period other than dishonorable conditions, during (b) COVERED EDUCATIONAL INSTITUTIONS.— beginning on the such date. the 10-year period beginning on the date on The educational institutions referred to in (2) The effect of a transfer of administra- which the person separates from the Selected subsection (a) are the following: tive jurisdiction on the delivery of edu- Reserve.’’. (1) An historically Black college or univer- cational assistance benefits to members of (2) CONFORMING AMENDMENT.—Paragraph sity that is a part B institution, as defined in the reserve components. (2) of section 16165(a) of such title is amended section 322(2) of the Higher Education Act of (3) The effect of a transfer of administra- to read as follows: 1965 (20 U.S.C. 1061(2)). tive jurisdiction on Department of Defense

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efforts relating to recruiting, retention, and death of the member or former member, ex- ‘‘(b) SELECTION FOR APPOINTMENT.—Under compensation, including bonuses, special cept that the eligibility of such survivors regulations prescribed by the Secretary of pays, and incentive pays. shall be determined pursuant to regulations Defense, the officer selected for appointment (4) The extent to which educational assist- prescribed by the Secretary concerned. to serve as Legal Counsel to the Chairman of ance benefits influence the decision of a per- ‘‘(7) Civilian employees of the Federal Gov- the Joint Chiefs of Staff shall be rec- son to join a reserve component. ernment serving in locations where legal as- ommended by a board of officers convened by (5) The extent to which the educational as- sistance from non-military legal assistance the Secretary of Defense that, insofar as sistance benefits available under chapter 1606 providers is not reasonably available, except practicable, is subject to the procedures ap- of title 10, United States Code, affect reten- that the eligibility of civilian employees plicable to selection boards convened under tion rates, including statistics showing how shall be determined pursuant to regulations chapter 36 of this title. many members remain in the reserve compo- prescribed by the Secretary concerned.’’. ‘‘(c) GRADE.—An officer appointed to serve nents in order to continue to receive edu- SEC. 542. AUTHORITY OF JUDGES OF THE UNITED as Legal Counsel to the Chairman of the cation benefits under such chapter. STATES COURT OF APPEALS FOR Joint Chiefs of Staff shall, while so serving, (6) The extent to which the educational as- THE ARMED FORCES TO ADMIN- hold the grade of brigadier general or rear sistance benefits available under chapter ISTER OATHS. admiral (lower half). Section 936 of title 10, United States Code 1607 of title 10, United States Code, affect re- ‘‘(d) DUTIES.—The Legal Counsel of the (article 136 of the Uniform Code of Military tention rates, including statistics showing Chairman of the Joint Chiefs of Staff shall Justice), is amended by adding at the end the perform such legal duties in support of the how many members remain in the reserve following new subsection: responsibilities of the Chairman of the Joint components in order to continue to receive ‘‘(c) The judges of the United States Court education benefits under such chapter. of Appeals for the Armed Forces may admin- Chiefs of Staff as the Chairman may pre- (7) The practical and budgetary issues in- ister the oaths authorized by subsections (a) scribe.’’. volved in a transfer of administrative juris- and (b).’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such diction, including a discussion of the cost of SEC. 543. MODIFICATION OF AUTHORITIES ON equating the educational assistance benefits SENIOR MEMBERS OF THE JUDGE title is amended by adding at the end the fol- for members of the active and reserve com- ADVOCATE GENERALS’ CORPS. lowing new item: ponents. (a) DEPARTMENT OF THE ARMY.— ‘‘156. Legal Counsel to the Chairman of the (8) Any recommendations of the Secretary (1) GRADE OF JUDGE ADVOCATE GENERAL.— Joint Chiefs of Staff’’. for legislation to enhance or improve the de- Subsection (a) of section 3037 of title 10, (f) STRATEGIC PLAN TO LINK GENERAL AND livery of educational assistance benefits for United States Code, is amended by striking FLAG OFFICER NUMBERS, ASSIGNMENTS, AND members of the reserve components. the third sentence and inserting the fol- DEVELOPMENT TO THE MISSIONS AND REQUIRE- (9) The feasibility and likely effects of lowing new sentence: ‘‘The Judge Advocate MENTS OF THE DEPARTMENT OF DEFENSE.— transferring the administration of the edu- General, while so serving, has the grade of (1) STRATEGIC PLAN REQUIRED.—The Sec- cational assistance programs for members of lieutenant general.’’. retary of Defense shall develop a strategic the reserve components contained in chap- (2) REDESIGNATION OF ASSISTANT JUDGE AD- plan linking the missions and requirements ters 1606 and 1607 of title 10, United States VOCATE GENERAL AS DEPUTY JUDGE ADVOCATE of the Department of Defense for general and Code, from the Department of Defense to the GENERAL.—Such section is further amended— flag officers to the statutory limits on the Department of Veterans Affairs through the (A) in subsection (a), by striking ‘‘Assist- numbers of general and flag officers, and cur- recodification of such chapters in title 38, ant Judge Advocate General’’ each place it rent assignment, promotion, and joint officer United States Code, as proposed in section appears and inserting ‘‘Deputy Judge Advo- development policies for general and flag of- 525 of H.R. 1585 of the 110th Congress, as cate General’’; and ficers. passed by the House of Representatives, to- (B) in subsection (d), by striking ‘‘Assist- (2) ADVICE OF CHAIRMAN OF JOINT CHIEFS OF gether with any recommendations of the ant Judge Advocate General’’ and inserting STAFF.—The Secretary shall develop the Secretary for improving that section. ‘‘Deputy Judge Advocate General’’. strategic plan required under paragraph (1) (10) A discussion of the effects and impact (3) CLERICAL AMENDMENTS.—(A) The head- with the advice of the Chairman of the Joint of the amendments to chapter 1607 of title 10, ing of such section is amended to read as fol- Chiefs of Staff. United States Code, made by section 530 of lows: (3) MATTERS TO BE INCLUDED.—The stra- this Act, relating to the extension of the ‘‘§ 3037. Judge Advocate General, Deputy tegic plan required under paragraph (1) shall time limit for the use of educational assist- Judge Advocate General, and general offi- include the following: ance benefits under that chapter. cers of Judge Advocate General’s Corps: ap- (A) A description of the process for identi- (c) REVIEWS OF REPORT.—Before submis- pointment; duties’’. fication of the present and emerging require- sion of the report to Congress, the Secretary (B) The table of sections at the beginning ments for general and flag officers and rec- of Defense shall secure the review of the re- of chapter 305 of such title is amended by ommendations for meeting these require- port by the Defense Business Board, in co- striking the item relating to section 3037 and ments. operation with the Reserve Forces Policy (B) Identification of the numbers of gen- Board. The Secretary of Veterans Affairs inserting the following new item: ‘‘3037. Judge Advocate General, Deputy eral and flag officers by service, grade, and shall secure the review of the report by the qualifications currently available compared Veterans Affairs Advisory Committee on Judge Advocate General, and with the numbers needed to meet existing Education. The results of such reviews shall general officers of Judge Advo- statutory requirements in support of the be included as an appendix to the report. cate General’s Corps: appoint- overall missions of the Department of De- (d) COMPTROLLER GENERAL REVIEW.—Not ment; duties.’’. fense. later than November 1, 2008, the Comptroller (b) GRADE OF JUDGE ADVOCATE GENERAL OF (C) An assessment of the problems or General shall submit to the congressional THE NAVY.—Section 5148(b) of such title is committees referred to in subsection (a) an amended by striking the last sentence and issues (and proposed solutions for any such assessment of the report, including a review inserting the following new sentence: ‘‘The problems or issues) arising from existing nu- of the costs inherent in the transfer of ad- Judge Advocate General, while so serving, merical limitations on the number and grade ministrative jurisdiction and the recruiting has the grade of vice admiral or lieutenant distribution of active and reserve component and retention data and other assumptions general, as appropriate.’’. general and flag officers under sections 525, used by the Secretary of Defense in pre- (c) GRADE OF JUDGE ADVOCATE GENERAL OF 526, and 12004 of title 10, United States Code. paring the report. As part of the assessment, THE AIR FORCE.—Section 8037(a) of such title (D) A discussion of how wartime require- the Comptroller General shall solicit re- is amended by striking the last sentence and ments for additional general or flag officers sponses from the Secretary of Defense and inserting the following new sentence: ‘‘The have been addressed in support of Operation the Secretary of Veterans Affairs. Judge Advocate General, while so serving, Enduring Freedom and Operation Iraqi Free- has the grade of lieutenant general.’’. dom, including the usage of wartime or na- Subtitle D—Military Justice and Legal (d) INCREASE IN NUMBER OF OFFICERS SERV- tional emergency authorities. Assistance Matters ING IN GRADES ABOVE MAJOR GENERAL AND (E) An assessment of any problems or SEC. 541. AUTHORITY TO DESIGNATE CIVILIAN REAR ADMIRAL.—Section 525(b) of such title issues (and proposed solutions for any such EMPLOYEES OF THE FEDERAL GOV- is amended in paragraphs (1) and (2)(A) by problems or issues) arising from existing ERNMENT AND DEPENDENTS OF DE- striking ‘‘15.7 percent’’ each place it appears statutory provisions regarding general and CEASED MEMBERS AS ELIGIBLE FOR and inserting ‘‘16.3 percent’’. LEGAL ASSISTANCE FROM DEPART- flag officer assignments and grade require- EGAL OUNSEL TO HAIRMAN OF THE MENT OF DEFENSE LEGAL STAFF (e) L C C ments and the need, if any, for revision of RESOURCES. JOINT CHIEFS OF STAFF.— provisions in title 10, United States Code, Section 1044(a) of title 10, United States (1) IN GENERAL.—Chapter 5 of title 10, specific to individual general and flag officer Code, is amended by adding at the end the United States Code, is amended by adding at positions along with recommendations to following new paragraphs: the end the following new section: mitigate the need for routine legislative ‘‘(6) Survivors of a deceased member or ‘‘§ 156. Legal Counsel to the Chairman of the intervention as positions change to support former member described in paragraphs (1), Joint Chiefs of Staff organizational demands. (2), (3), and (4) who were dependents of the ‘‘(a) IN GENERAL.—There is a Legal Counsel (F) An assessment of the use currently member or former member at the time of the to the Chairman of the Joint Chiefs of Staff. being made of reserve component flag and

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.054 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H113 general officers and discussion of barriers to less, or for not more than 20 days for mem- drews’ Raiders during the Civil War on April the qualification, selection, and assignment bers whose qualifying tour of duty is longer 12, 1862. of National Guard and Reserve officers for than 12 months,’’ after ‘‘for not more than 15 SEC. 565. AUTHORIZATION AND REQUEST FOR the broadest possible range of positions of days’’. AWARD OF MEDAL OF HONOR TO importance and responsibility. Subtitle F—Decorations and Awards PRIVATE GEORGE D. WILSON FOR (4) DEADLINE FOR SUBMISSION.—The Sec- ACTS OF VALOR AS ONE OF AN- SEC. 561. AUTHORIZATION AND REQUEST FOR retary shall submit the plan required under DREWS’ RAIDERS DURING THE CIVIL AWARD OF MEDAL OF HONOR TO WAR. paragraph (1) to the Committees on Armed LESLIE H. SABO, JR., FOR ACTS OF (a) AUTHORIZATION.—The President is au- Services of the Senate and the House of Rep- VALOR DURING THE VIETNAM WAR. thorized and requested to award the Medal of resentatives not later than March 1, 2009. (a) AUTHORIZATION.—Notwithstanding the Honor under section 3741 of title 10, United SEC. 544. PROHIBITION AGAINST MEMBERS OF time limitations specified in section 3744 of States Code, posthumously to Private THE ARMED FORCES PARTICI- title 10, United States Code, or any other George D. Wilson of Company B, 2nd Ohio PATING IN CRIMINAL STREET time limitation with respect to the awarding Volunteer Infantry Regiment for the acts of GANGS. of certain medals to persons who served in The Secretary of Defense shall prescribe valor described in subsection (b). the Armed Forces, the President is author- (b) ACTS OF VALOR DESCRIBED.—The acts of regulations to prohibit the active participa- ized and requested to award the Medal of valor referred to in subsection (a) are the ac- tion by members of the Armed Forces in a Honor under section 3741 of such title to Les- tions of George D. Wilson as one of Andrews’ criminal street gang. lie H. Sabo, Jr., for the acts of valor during Raiders during the Civil War on April 12, Subtitle E—Military Leave the Vietnam War described in subsection (b). 1862. (b) ACTS OF VALOR DESCRIBED.—The acts of SEC. 551. TEMPORARY ENHANCEMENT OF CARRY- Subtitle G—Impact Aid and Defense valor referred to in subsection (a) are the ac- OVER OF ACCUMULATED LEAVE FOR Dependents Education System MEMBERS OF THE ARMED FORCES. tions of Leslie H. Sabo, Jr., on May 10, 1970, SEC. 571. CONTINUATION OF AUTHORITY TO AS- (a) TEMPORARY INCREASE IN ACCUMULATED as a member of the United States Army serv- SIST LOCAL EDUCATIONAL AGEN- LEAVE CARRYOVER AMOUNT.—Section 701 of ing in the grade of Specialist Four in the Re- CIES THAT BENEFIT DEPENDENTS title 10, United States Code, is amended— public of Vietnam with Company B of the 3d OF MEMBERS OF THE ARMED (1) in subsection (b), by striking ‘‘sub- Battalion, 506th Infantry Regiment, 101st FORCES AND DEPARTMENT OF DE- section (f) and subsection (g)’’ and inserting Airborne Division. FENSE CIVILIAN EMPLOYEES. ‘‘subsections (d), (f), and (g)’’; and SEC. 562. AUTHORIZATION AND REQUEST FOR (a) ASSISTANCE TO SCHOOLS WITH SIGNIFI- (2) by inserting after subsection (c) the fol- AWARD OF MEDAL OF HONOR TO CANT NUMBERS OF MILITARY DEPENDENT STU- lowing new subsection: HENRY SVEHLA FOR ACTS OF VALOR DENTS.—Of the amount authorized to be ap- ‘‘(d) Notwithstanding subsection (b), dur- DURING THE KOREAN WAR. propriated pursuant to section 301(5) for op- ing the period beginning on October 1, 2008, (a) AUTHORIZATION.—Notwithstanding the eration and maintenance for Defense-wide through December 31, 2010, a member may time limitations specified in section 3744 of activities, $30,000,000 shall be available only accumulate up to 75 days of leave.’’. title 10, United States Code, or any other for the purpose of providing assistance to (b) CONFORMING AMENDMENTS RELATED TO time limitation with respect to the awarding local educational agencies under subsection HIGH DEPLOYMENT MEMBERS.—Subsection (f) of certain medals to persons who served in (a) of section 572 of the National Defense Au- of such section is amended— the Armed Forces, the President is author- thorization Act for Fiscal Year 2006 (Public (1) in paragraph (1)(A), by striking ‘‘any ized and requested to award the Medal of Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). accumulated leave in excess of 60 days at the Honor under section 3741 of such title to (b) ASSISTANCE TO SCHOOLS WITH ENROLL- end of the fiscal year’’ and inserting ‘‘at the Henry Svehla for the acts of valor described MENT CHANGES DUE TO BASE CLOSURES, end of the fiscal year any accumulated leave in subsection (b). FORCE STRUCTURE CHANGES, OR FORCE RELO- in excess of the number of days of leave au- (b) ACTS OF VALOR DESCRIBED.—The acts of CATIONS.—Of the amount authorized to be ap- thorized to be accumulated under subsection valor referred to in subsection (a) are the ac- propriated pursuant to section 301(5) for op- (b) or (d)’’; tions of Henry Svehla on June 12, 1952, as a eration and maintenance for Defense-wide (2) in paragraph (1)(C)— member of the United States Army serving activities, $10,000,000 shall be available only (A) by striking ‘‘60 days’’ and inserting in the grade of Private First Class in Korea for the purpose of providing assistance to ‘‘the days of leave authorized to be accumu- with Company F of the 32d Infantry Regi- local educational agencies under subsection lated under subsection (b) or (d) that are’’; ment, 7th Infantry Division. (b) of such section 572. and SEC. 563. AUTHORIZATION AND REQUEST FOR (c) LOCAL EDUCATIONAL AGENCY DEFINED.— (B) by inserting ‘‘(or fourth fiscal year, if AWARD OF MEDAL OF HONOR TO In this section, the term ‘‘local educational accumulated while subsection (d) is in ef- WOODROW W. KEEBLE FOR ACTS OF agency’’ has the meaning given that term in VALOR DURING THE KOREAN WAR. fect)’’ after ‘‘third fiscal year’’; and section 8013(9) of the Elementary and Sec- (a) WAIVER OF TIME LIMITATIONS.—Not- (3) in paragraph (2), by striking ‘‘except for ondary Education Act of 1965 (20 U.S.C. withstanding the time limitations specified this paragraph—’’ and all that follows 7713(9)). in section 3744 of title 10, United States through the end of the paragraph and insert- SEC. 572. IMPACT AID FOR CHILDREN WITH SE- Code, or any other time limitation with re- ing ‘‘except for this paragraph, would lose at VERE DISABILITIES. spect to the awarding of certain medals to the end of that fiscal year any accumulated Of the amount authorized to be appro- persons who served in the Armed Forces, the leave in excess of the number of days of leave priated pursuant to section 301(5) for oper- President is authorized and requested to authorized to be accumulated under sub- ation and maintenance for Defense-wide ac- award the Medal of Honor under section 3741 section (b) or (d), shall be permitted to re- tivities, $5,000,000 shall be available for pay- of such title to Woodrow W. Keeble for the tain such leave until the end of the second ments under section 363 of the Floyd D. acts of valor described in subsection (b). fiscal year after the fiscal year in which such Spence National Defense Authorization Act (b) ACTS OF VALOR DESCRIBED.—The acts of service on active duty is terminated.’’. for Fiscal Year 2001 (as enacted into law by valor referred to in subsection (a) are the ac- (c) CONFORMING AMENDMENT RELATED TO Public Law 106–398; 114 Stat. 1654A–77; 20 tions of Woodrow W. Keeble of the United MEMBERS IN MISSING STATUS.—Subsection (g) U.S.C. 7703a). States Army as an acting platoon leader on of such section is amended by striking ‘‘60- SEC. 573. INCLUSION OF DEPENDENTS OF NON- October 20, 1950, during the Korean War. day limitation in subsection (b) and the 90- DEPARTMENT OF DEFENSE EMPLOY- day limitation in subsection (f)’’ and insert- SEC. 564. AUTHORIZATION AND REQUEST FOR EES EMPLOYED ON FEDERAL PROP- ERTY IN PLAN RELATING TO FORCE ing ‘‘limitations in subsections (b), (d), and AWARD OF MEDAL OF HONOR TO PRIVATE PHILIP G. SHADRACH FOR STRUCTURE CHANGES, RELOCATION (f)’’. ACTS OF VALOR AS ONE OF AN- OF MILITARY UNITS, OR BASE CLO- (d) PAY.—Section 501(b) of title 37, United DREWS’ RAIDERS DURING THE CIVIL SURES AND REALIGNMENTS. States Code, is amended by adding at the end WAR. Section 574(e)(3) of the John Warner Na- the following new paragraph: (a) AUTHORIZATION.—Notwithstanding the tional Defense Authorization Act for Fiscal ‘‘(6) An enlisted member of the armed time limitations specified in section 3744 of Year 2007 (Public Law 109–364; 120 Stat. 2227; forces who would lose accumulated leave in title 10, United States Code, or any other 20 U.S.C. 7703b note) is amended— excess of 120 days of leave under section time limitation with respect to the awarding (1) in subparagraph (A), by striking ‘‘and’’ 701(f)(1) of title 10 may elect to be paid in of certain medals to persons who served in at the end; cash or by a check on the Treasurer of the the Armed Forces, the President is author- (2) in subparagraph (B), by striking the pe- United States for any leave in excess so ac- ized and requested to award the Medal of riod at the end and inserting ‘‘; and’’; and cumulated for up to 30 days of such leave. A Honor under section 3741 of such title post- (3) by adding at the end the following new member may make an election under this humously to Private Philip G. Shadrach of subparagraph: paragraph only once.’’. Company K, 2nd Ohio Volunteer Infantry ‘‘(C) elementary and secondary school stu- SEC. 552. ENHANCEMENT OF REST AND RECU- Regiment for the acts of valor described in dents who are dependents of personnel who PERATION LEAVE. subsection (b). are not members of the Armed Forces or ci- Section 705(b)(2) of title 10, United States (b) ACTS OF VALOR DESCRIBED.—The acts of vilian employees of the Department of De- Code, is amended by inserting ‘‘for members valor referred to in subsection (a) are the ac- fense but who are employed on Federal prop- whose qualifying tour of duty is 12 months or tions of Philip G. Shadrach as one of An- erty.’’.

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SEC. 574. PAYMENT OF PRIVATE BOARDING ‘‘§ 1781b. Department of Defense policy and ‘‘(d) SURVEY REQUIRED FOR FISCAL YEAR SCHOOL TUITION FOR MILITARY DE- plans for military family readiness 2010.—Notwithstanding subsection (a), dur- PENDENTS IN OVERSEAS AREAS NOT ‘‘(a) POLICY AND PLANS REQUIRED.—The ing fiscal year 2010, the Secretary of Defense SERVED BY DEFENSE DEPENDENTS’ shall conduct a survey otherwise authorized EDUCATION SYSTEM SCHOOLS. Secretary of Defense shall develop a policy under such subsection. Thereafter, addi- Section 1407(b)(1) of the Defense Depend- and plans for the Department of Defense for tional surveys may be conducted not less ents’ Education Act of 1978 (20 U.S.C. the support of military family readiness. URPOSES.—The purposes of the policy often than once every three fiscal years.’’. 926(b)(1)) is amended by inserting after the ‘‘(b) P and plans required under subsection (a) are (d) CLERICAL AMENDMENT.—The table of first sentence the following new sentence: as follows: sections at the beginning of subchapter I of ‘‘Schools to which tuition may be paid under ‘‘(1) To ensure that the military family chapter 88 of such title is amended by insert- this subsection may include private boarding readiness programs and activities of the De- ing after the item relating to section 1781 the schools in the United States.’’. partment of Defense are comprehensive, ef- following new items: Subtitle H—Military Families fective, and properly supported. ‘‘1781a. Department of Defense Military Fam- SEC. 581. DEPARTMENT OF DEFENSE MILITARY ‘‘(2) To ensure that support is continuously ily Readiness Council. FAMILY READINESS COUNCIL AND available to military families in peacetime ‘‘1781b. Department of Defense policy and POLICY AND PLANS FOR MILITARY and in war, as well as during periods of force plans for military family readi- FAMILY READINESS. structure change and relocation of military ness.’’. (a) IN GENERAL.—Subchapter I of chapter units. SEC. 582. YELLOW RIBBON REINTEGRATION PRO- 88 of title 10, United States Code, is amended ‘‘(3) To ensure that the military family GRAM. by inserting after section 1781 the following readiness programs and activities of the De- (a) ESTABLISHMENT OF PROGRAM.—The Sec- new sections: partment of Defense are available to all mili- retary of Defense shall establish a national ‘‘§ 1781a. Department of Defense Military tary families, including military families of combat veteran reintegration program to Family Readiness Council members of the regular components and provide National Guard and Reserve mem- ‘‘(a) IN GENERAL.—There is in the Depart- military families of members of the reserve bers and their families with sufficient infor- mation, services, referral, and proactive out- ment of Defense the Department of Defense components. reach opportunities throughout the entire Military Family Readiness Council (in this ‘‘(4) To make military family readiness an deployment cycle. This program shall be section referred to as the ‘Council’). explicit element of applicable Department of known as the Yellow Ribbon Reintegration ‘‘(b) MEMBERS.—(1) The Council shall con- Defense plans, programs, and budgeting ac- sist of the following members: Program. tivities, and that achievement of military (b) PURPOSE OF PROGRAM; DEPLOYMENT ‘‘(A) The Under Secretary of Defense for family readiness is expressed through De- Personnel and Readiness, who shall serve as CYCLE.—The Yellow Ribbon Reintegration partment-wide goals that are identifiable Program shall consist of informational chair of the Council. and measurable. ‘‘(B) One representative of each of the events and activities for members of the re- ‘‘(5) To ensure that the military family serve components of the Armed Forces, their Army, Navy, Marine Corps, and Air Force, readiness programs and activities of the De- families, and community members to facili- who shall be appointed by the Secretary of partment of Defense undergo continuous tate access to services supporting their Defense. evaluation in order to ensure that resources health and well-being through the 4 phases of ‘‘(C) Three individuals appointed by the are allocated and expended for such pro- the deployment cycle: Secretary of Defense from among representa- grams and activities to achieve Department- (1) Pre-Deployment. tives of military family organizations, in- wide family readiness goals. (2) Deployment. cluding military family organizations of ‘‘(c) ELEMENTS OF POLICY.—The policy re- (3) Demobilization. families of members of the regular compo- quired under subsection (a) shall include the (4) Post-Deployment-Reconstitution. nents and of families of members of the re- following elements: (c) EXECUTIVE AGENT.—The Secretary shall serve components. ‘‘(1) A list of military family readiness pro- designate the Under Secretary of Defense for ‘‘(D) In addition to the representatives ap- grams and activities. Personnel and Readiness as the Department pointed under subparagraph (B), the senior ‘‘(2) Department of Defense-wide goals for of Defense executive agent for the Yellow enlisted advisors of the Army, Navy, Marine military family support, including joint pro- Ribbon Reintegration Program. Corps, and Air Force, or the spouse of a sen- grams, both for military families of members (d) OFFICE FOR REINTEGRATION PRO- ior enlisted member from each of the Army, of the regular components and military fam- GRAMS.— Navy, Marine Corps, and Air Force. ilies of members of the reserve components. (1) ESTABLISHMENT.—The Under Secretary ‘‘(2) The term on the Council of the mem- ‘‘(3) Policies on access to military family of Defense for Personnel and Readiness shall bers appointed under paragraph (1)(C) shall support programs and activities based on establish the Office for Reintegration Pro- be three years. military family populations served and geo- grams within the Office of the Secretary of ‘‘(c) MEETINGS.—The Council shall meet graphical location. Defense. The office shall administer all re- not less often than twice each year. ‘‘(4) Metrics to measure the performance integration programs in coordination with ‘‘(d) DUTIES.—The duties of the Council and effectiveness of the military family State National Guard organizations. The of- shall include the following: readiness programs and activities of the De- fice shall be responsible for coordination ‘‘(1) To review and make recommendations partment of Defense. with existing National Guard and Reserve to the Secretary of Defense regarding the ‘‘(5) A summary, by fiscal year, of the allo- family and support programs. The Directors policy and plans required under section 1781b cation of funds (including appropriated funds of the Army National Guard and Air Na- of this title. and nonappropriated funds) for major cat- tional Guard and the Chiefs of the Army Re- ‘‘(2) To monitor requirements for the sup- egories of military family readiness pro- serve, Marine Corps Reserve, Navy Reserve, port of military family readiness by the De- grams and activities of the Department of and Air Force Reserve may appoint liaison partment of Defense. Defense, set forth for each of the military de- officers to coordinate with the permanent of- ‘‘(3) To evaluate and assess the effective- partments and for the Office of the Secretary fice staff. The office may also enter into ness of the military family readiness pro- of Defense. partnerships with other public entities, in- grams and activities of the Department of ‘‘(d) ANNUAL REPORT.—Not later than cluding the Department of Health and Defense. March 1, 2008, and each year thereafter, the Human Services, Substance Abuse and the ‘‘(e) ANNUAL REPORTS.—(1) Not later than Secretary of Defense shall submit to the con- Mental Health Services Administration, for February 1 each year, the Council shall sub- gressional defense committees a report on access to necessary substance abuse and mit to the Secretary of Defense and the con- the plans required under subsection (a) for mental health treatment services from local gressional defense committees a report on the five-fiscal year period beginning with the State-licensed service providers. military family readiness. fiscal year in which the report is submitted. (2) CENTER FOR EXCELLENCE IN REINTEGRA- ‘‘(2) Each report under this subsection Each report shall include the plans covered TION.—The Office for Reintegration Pro- shall include the following: by the report and an assessment of the dis- grams shall establish a Center for Excellence ‘‘(A) An assessment of the adequacy and ef- charge by the Department of Defense of the in Reintegration within the office. The Cen- fectiveness of the military family readiness previous plans submitted under this sec- ter shall collect and analyze ‘‘lessons programs and activities of the Department of tion.’’. learned’’ and suggestions from State Na- Defense during the preceding fiscal year in (b) REPORT ON MILITARY FAMILY READINESS tional Guard and Reserve organizations with meeting the needs and requirements of mili- POLICY.—Not later than February 1, 2009, the existing or developing reintegration pro- tary families. Secretary of Defense shall submit to the con- grams. The Center shall also assist in devel- ‘‘(B) Recommendations on actions to be gressional defense committees a report set- oping training aids and briefing materials taken to improve the capability of the mili- ting forth the policy developed under section and training representatives from State Na- tary family readiness programs and activi- 1781b of title 10, United States Code, as added tional Guard and Reserve organizations. ties of the Department of Defense to meet by subsection (a). (e) ADVISORY BOARD.— the needs and requirements of military fami- (c) SURVEYS OF MILITARY FAMILIES.—Sec- (1) APPOINTMENT.—The Secretary of De- lies, including actions relating to the alloca- tion 1782 of title 10, United States Code, is fense shall appoint an advisory board to ana- tion of funding and other resources to and amended by adding at the end the following lyze the Yellow Ribbon Reintegration Pro- among such programs and activities. new subsection: gram and report on areas of success and

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Information sessions shall Forces and their families find and receive as- Army National Guard, the Director of the utilize State National Guard and Reserve re- sistance with military family readiness and Air National Guard, Chiefs of the Army Re- sources in coordination with the Employer servicemember reintegration, including re- serve, Marine Corps Reserve, Navy Reserve, Support of Guard and Reserve Office, Transi- ferral services. and Air Force Reserve, the Assistant Sec- tion Assistance Advisors, and the State (14) Development of strategies and pro- retary of Defense for Reserve Affairs, an Ad- Family Programs Director. grams that recognize the need for long-term jutant General on a rotational basis as deter- (4) DEMOBILIZATION PHASE.— follow-up services for reintegrating members mined by the Chief of the National Guard (A) IN GENERAL.—The Demobilization of the Armed Forces and their families for Bureau, and any other Department of De- Phase shall constitute the period from ar- extended periods following deployments, in- fense, Federal Government agency, or out- rival of the National Guard or Reserve unit cluding between deployments. side organization as determined by the Sec- at the demobilization station until its depar- (15) Assisting members of the Armed retary of Defense. The members of the advi- ture for home station. Forces and their families in receiving serv- sory board may designate representatives in (B) INITIAL REINTEGRATION ACTIVITY.—The ices and assistance from the Department of their stead. purpose of this reintegration program is to Veterans Affairs, including referral services. (2) SCHEDULE.—The advisory board shall educate members about the resources that SEC. 583. STUDY TO ENHANCE AND IMPROVE meet on a schedule determined by the Sec- are available to them and to connect mem- SUPPORT SERVICES AND PROGRAMS retary of Defense. bers to service providers who can assist them FOR FAMILIES OF MEMBERS OF (3) INITIAL REPORTING REQUIREMENT.—The in overcoming the challenges of reintegra- REGULAR AND RESERVE COMPO- advisory board shall issue internal reports as tion. NENTS UNDERGOING DEPLOYMENT. necessary and shall submit an initial report (5) POST-DEPLOYMENT-RECONSTITUTION (a) STUDY REQUIRED.—The Secretary of De- to the Committees on Armed Services of the PHASE.— fense shall conduct a study to determine the Senate and House of Representatives not (A) IN GENERAL.—The Post-Deployment- most effective means to enhance and im- later than 180 days after the end of the 1-year Reconstitution Phase shall constitute the prove family support programs for families period beginning on the date of the establish- period from arrival at home station until 180 of deployed members of the regular and re- ment of the Office for Reintegration Pro- days following demobilization. Activities serve components of the Armed Forces be- grams. The report shall contain— and services provided shall focus on recon- fore, during, and after deployment. The (A) an evaluation of the implementation of necting members with their families and study shall also take into account the poten- the Yellow Ribbon Reintegration Program communities and providing resources and in- tial to utilize non-governmental and local by State National Guard and Reserve organi- formation necessary for successful reintegra- private sector entities and other Federal zations; tion. Reintegration events shall begin with agencies having expertise in health and well- (B) an assessment of any unmet resource elements of the Initial Reintegration Activ- being of families, including family members requirements; and ity program that were not completed during who are children, infants, or toddlers. (C) recommendations regarding closer co- the Demobilization Phase. (b) ELEMENTS.—The study shall include at ordination between the Office of Reintegra- (B) 30-DAY, 60-DAY, AND 90-DAY REINTEGRA- a minimum the following: tion Programs and State National Guard and TION ACTIVITIES.—The State National Guard (1) The assessment of the types of informa- Reserve organizations. and Reserve organizations shall hold re- tion on health care and mental health bene- (4) ANNUAL REPORTS.—The advisory board integration activities at the 30-day, 60-day, fits and services and other community re- shall submit annual reports to the Commit- and 90-day interval following demobilization. sources that should be made available to tees on Armed Services of the Senate and the These activities shall focus on reconnecting members of the regular and reserve compo- House of Representatives following the ini- members and their families with the service nents and their families, including— tial report by the first week in March of sub- providers from the Initial Reintegration Ac- (A) crisis services; sequent years following the initial report. tivity to ensure that members and their fam- (B) marriage and family counseling; and (f) STATE DEPLOYMENT CYCLE SUPPORT ilies understand what benefits they are enti- (C) financial counseling. TEAMS.—The Office for Reintegration Pro- tled to and what resources are available to (2) An assessment of means to improve sup- grams may employ personnel to administer help them overcome the challenges of re- port to the parents and caretakers of mili- the Yellow Ribbon Reintegration Program at integration. The Reintegration Activities tary dependent children in order to mitigate the State level. The primary function of shall also provide a forum for members and any adverse effects of the deployment of team members shall be— their families to address negative behaviors members on such children, including consid- (1) to implement the reintegration cur- related to combat stress and transition. eration of the following: riculum through the deployment cycle de- (C) MEMBER PAY.—Members shall receive (A) The need to develop materials for par- scribed in subsection (g); appropriate pay for days spent attending the ents and other caretakers of children to as- (2) to obtain necessary service providers; Reintegration Activities at the 30-day, 60- sist in responding to the effects of such de- and day, and 90-day intervals. ployment on children, including extended (3) to educate service providers regarding (h) OUTREACH SERVICES.—As part of the and multiple deployments and reunion (and the unique military nature of the reintegra- Yellow Ribbon Reintegration Program, the the death or injury of members during such tion program. Office for Reintegration Programs may de- deployment), and the role that parents and (g) OPERATION OF PROGRAM THROUGH DE- velop programs of outreach to members of caretakers can play in addressing or miti- PLOYMENT CYCLE.— the Armed Forces and their family members gating such effects. (1) IN GENERAL.—The Office for Reintegra- to educate such members and their family (B) The potential best practices that are tion Programs shall analyze the demo- members about the assistance and services identified which build psychological and graphics, placement of State Family Assist- available to them under the Yellow Ribbon emotional resiliency in children in coping ance Centers and their resources before a Reintegration Program. Such assistance and with deployment. mobilization alert is issued to affected State services may include the following: (C) The potential to improve dissemination National Guard and Reserve organizations. (1) Marriage counseling. throughout the Armed Forces of the most ef- The Office of Reintegration Programs shall (2) Services for children. fective practices for outreach, training, and consult with affected State National Guard (3) Suicide prevention. building psychological and emotional resil- and Reserve organizations following the (4) Substance abuse awareness and treat- iency in children. issuance of a mobilization alert and imple- ment. (D) The effectiveness of training materials ment the reintegration events in accordance (5) Mental health awareness and treat- for education, mental health, health, and with the Reintegration Program phase ment. family support professionals who provide model. (6) Financial counseling. services to parents and caretakers of mili- (2) PRE-DEPLOYMENT PHASE.—The Pre-De- (7) Anger management counseling. tary dependent children. ployment Phase shall constitute the time (8) Domestic violence awareness and pre- (E) The requirement to develop programs from first notification of mobilization until vention. and activities to increase awareness deployment of the mobilized National Guard (9) Employment assistance. throughout the military and civilian com- or Reserve unit. Events and activities shall (10) Preparing and updating family care munities of the effects of deployment of a focus on providing education and ensuring plans. military spouse or guardians for such chil- the readiness of members of the unit, their (11) Development of strategies for living dren and their families and to increase col- families, and affected communities for the with a member of the Armed Forces with laboration within such communities to ad- rigors of a combat deployment. post-traumatic stress disorder or traumatic dress and mitigate such effects. (3) DEPLOYMENT PHASE.—The Deployment brain injury. (F) The development of training for early Phase shall constitute the period from de- (12) Other services that may be appropriate child care and education, mental health, ployment of the mobilized National Guard or to address the unique needs of members of health care, and family support professionals Reserve unit until the unit arrives at a de- the Armed Forces and their families who live to enhance the awareness of such profes- mobilization station inside the continental in rural or remote areas with respect to fam- sionals of their role in assisting families in United States. Events and services provided ily readiness and servicemember reintegra- addressing and mitigating the adverse impli- shall focus on the challenges and stress asso- tion. cations of such deployment.

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(G) The conduct of research on best prac- duty under a provision of law referred to in (B) SUBSTITUTION OF PAID LEAVE.—Section tices for building psychological and emo- section 101(a)(13)(B) of title 10, United States 102(d) of such Act (29 U.S.C. 2612(d)) is tional resiliency in such children in coping Code. amended— with the deployment of such members. ‘‘(15) CONTINGENCY OPERATION.—The term (i) in paragraph (1)— (3) An assessment of the effectiveness of ‘contingency operation’ has the same mean- (I) by inserting ‘‘(or 26 workweeks in the family-to-family support programs— ing given such term in section 101(a)(13) of case of leave provided under subsection (A) in providing peer support for families title 10, United States Code. (a)(3))’’ after ‘‘12 workweeks’’ the first place of deployed members of the regular and re- ‘‘(16) COVERED SERVICEMEMBER.—The term it appears; and serve components; ‘covered servicemember’ means a member of (II) by inserting ‘‘(or 26 workweeks, as ap- (B) in identifying and preventing family the Armed Forces, including a member of the propriate)’’ after ‘‘12 workweeks’’ the second problems in such families; National Guard or Reserves, who is under- place it appears; (C) in reducing adverse outcomes for chil- going medical treatment, recuperation, or (ii) in paragraph (2)(A), by striking ‘‘or dren of such families, including poor aca- therapy, is otherwise in outpatient status, or (C)’’ and inserting ‘‘(C), or (E)’’; and demic performance, behavioral problems, is otherwise on the temporary disability re- (iii) in paragraph (2)(B), by adding at the stress, and anxiety; tired list, for a serious injury or illness. end the following: ‘‘An eligible employee may elect, or an employer may require the (D) in improving family readiness and ‘‘(17) OUTPATIENT STATUS.—The term ‘out- post-deployment transition for such fami- patient status’, with respect to a covered employee, to substitute any of the accrued lies; and servicemember, means the status of a mem- paid vacation leave, personal leave, family leave, or medical or sick leave of the em- (E) in utilizing spouses of members of the ber of the Armed Forces assigned to— ployee for leave provided under subsection Armed Forces as counselors for families of ‘‘(A) a military medical treatment facility (a)(3) for any part of the 26-week period of deployed members, in order to assist such as an outpatient; or such leave under such subsection, except families in coping before, during, and after ‘‘(B) a unit established for the purpose of that nothing in this title requires an em- the deployment, and the best practices for providing command and control of members ployer to provide paid sick leave or paid training spouses of members of the Armed of the Armed Forces receiving medical care medical leave in any situation in which the Forces to act as counselors for families of as outpatients. deployed members. employer would not normally provide any ‘‘(18) NEXT OF KIN.—The term ‘next of kin’, such paid leave.’’. (4) An assessment of the effectiveness of used with respect to an individual, means (C) NOTICE.—Section 102(e) of such Act (29 transition assistance programs and policies the nearest blood relative of that individual. for families of members during post-deploy- U.S.C. 2612(e)) is amended— ‘‘(19) SERIOUS INJURY OR ILLNESS.—The (i) in paragraph (2), by inserting ‘‘or under ment transition from a combat zone back to term ‘serious injury or illness’, in the case of civilian or military communities— subsection (a)(3)’’ after ‘‘subsection (a)(1)’’; a member of the Armed Forces, including a and (A) in identifying signs and symptoms of member of the National Guard or Reserves, mental health conditions for both service (ii) by adding at the end the following new means an injury or illness incurred by the paragraph: members and their families; and member in line of duty on active duty in the (B) in receiving information and resources ‘‘(3) NOTICE FOR LEAVE DUE TO ACTIVE DUTY Armed Forces that may render the member OF FAMILY MEMBER.—In any case in which available within the local communities to medically unfit to perform the duties of the the necessity for leave under subsection ease transition. member’s office, grade, rank, or rating.’’. (a)(1)(E) is foreseeable, whether because the (5) An assessment of the impact of multiple (2) ENTITLEMENT TO LEAVE.—Section 102(a) spouse, or a son, daughter, or parent, of the overseas deployments of members on their of such Act (29 U.S.C. 2612(a)) is amended— employee is on active duty, or because of no- families, particularly in the case of members (A) in paragraph (1), by adding at the end tification of an impending call or order to serving in Operation Iraqi Freedom and Op- the following new subparagraph: active duty in support of a contingency oper- eration Enduring Freedom, including finan- ‘‘(E) Because of any qualifying exigency ation, the employee shall provide such no- cial impacts and emotional impacts. (as the Secretary shall, by regulation, deter- tice to the employer as is reasonable and (6) An assessment of the most effective mine) arising out of the fact that the spouse, practicable.’’. timing of providing information and support or a son, daughter, or parent of the employee (D) SPOUSES EMPLOYED BY SAME EM- to the families of deployed members before, is on active duty (or has been notified of an PLOYER.—Section 102(f) of such Act (29 U.S.C. during, and after deployment, including at impending call or order to active duty) in 2612(f)) is amended— least six months after the date of return of the Armed Forces in support of a contin- (i) by redesignating paragraphs (1) and (2) deployed members. gency operation.’’; and as subparagraphs (A) and (B), and aligning (7) An assessment of the need for addi- (B) by adding at the end the following new the margins of the subparagraphs with the tional long-term research on the effects of paragraphs: margins of section 102(e)(2)(A); multiple wartime deployments on families, ‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Sub- (ii) by striking ‘‘In any’’ and inserting the including children, and critical areas of ject to section 103, an eligible employee who following: focus that should be addressed by such re- is the spouse, son, daughter, parent, or next ‘‘(1) IN GENERAL.—In any’’; and search. of kin of a covered servicemember shall be (iii) by adding at the end the following: (c) REPORT ON RESULTS OF STUDY.—Not entitled to a total of 26 workweeks of leave ‘‘(2) SERVICEMEMBER FAMILY LEAVE.— later than 180 days after the date of enact- during a 12-month period to care for the ‘‘(A) IN GENERAL.—The aggregate number ment of this Act, the Secretary of Defense servicemember. The leave described in this of workweeks of leave to which both that shall submit to the congressional defense paragraph shall only be available during a husband and wife may be entitled under sub- committees a report containing the results single 12-month period. section (a) may be limited to 26 workweeks of the study conducted under subsection (a). ‘‘(4) COMBINED LEAVE TOTAL.—During the during the single 12-month period described SEC. 584. PROTECTION OF CHILD CUSTODY AR- single 12-month period described in para- in subsection (a)(3) if the leave is— RANGEMENTS FOR PARENTS WHO graph (3), an eligible employee shall be enti- ARE MEMBERS OF THE ARMED ‘‘(i) leave under subsection (a)(3); or FORCES DEPLOYED IN SUPPORT OF tled to a combined total of 26 workweeks of ‘‘(ii) a combination of leave under sub- A CONTINGENCY OPERATION. leave under paragraphs (1) and (3). Nothing section (a)(3) and leave described in para- (a) PROTECTION OF SERVICEMEMBERS in this paragraph shall be construed to limit graph (1). AGAINST DEFAULT JUDGMENTS.—Section the availability of leave under paragraph (1) ‘‘(B) BOTH LIMITATIONS APPLICABLE.—If the 201(a) of the Servicemembers Civil Relief Act during any other 12-month period.’’. leave taken by the husband and wife includes (50 U.S.C. App. 521(a)) is amended by insert- (3) REQUIREMENTS RELATING TO LEAVE.— leave described in paragraph (1), the limita- ing ‘‘, including any child custody pro- (A) SCHEDULE.—Section 102(b) of such Act tion in paragraph (1) shall apply to the leave ceeding,’’ after ‘‘proceeding’’. (29 U.S.C. 2612(b)) is amended— described in paragraph (1).’’. (b) STAY OF PROCEEDINGS WHEN (i) in paragraph (1), in the second sen- (E) CERTIFICATION REQUIREMENTS.—Section SERVICEMEMBER HAS NOTICE.—Section 202(a) tence— 103 of such Act (29 U.S.C. 2613) is amended— of the Servicemembers Civil Relief Act (50 (I) by striking ‘‘section 103(b)(5)’’ and in- (i) in subsection (a)— U.S.C. App. 522(a)) is amended by inserting ‘‘, serting ‘‘subsection (b)(5) or (f) (as appro- (I) by striking ‘‘section 102(a)(1)’’ and in- including any child custody proceeding,’’ priate) of section 103’’; and serting ‘‘paragraph (1) or paragraph (3) of after ‘‘civil action or proceeding’’. (II) by inserting ‘‘or under subsection section 102(a)’’; and SEC. 585. FAMILY LEAVE IN CONNECTION WITH (a)(3)’’ after ‘‘subsection (a)(1)’’; (II) by inserting ‘‘or of the next of kin of INJURED MEMBERS OF THE ARMED (ii) in paragraph (1), by inserting after the an individual in the case of leave taken FORCES. second sentence the following new sentence: under such paragraph (3),’’ after ‘‘parent of (a) SERVICEMEMBER FAMILY LEAVE.— ‘‘Subject to subsection (e)(3) and section the employee,’’; and (1) DEFINITIONS.—Section 101 of the Family 103(f), leave under subsection (a)(1)(E) may (ii) by adding at the end the following: and Medical Leave Act of 1993 (29 U.S.C. 2611) be taken intermittently or on a reduced ‘‘(f) CERTIFICATION RELATED TO ACTIVE is amended by adding at the end the fol- leave schedule.’’; and DUTY OR CALL TO ACTIVE DUTY.—An em- lowing new paragraphs: (iii) in paragraph (2), by inserting ‘‘or ployer may require that a request for leave ‘‘(14) ACTIVE DUTY.—The term ‘active duty’ under subsection (a)(3)’’ after ‘‘subsection under section 102(a)(1)(E) be supported by a means duty under a call or order to active (a)(1)’’. certification issued at such time and in such

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manner as the Secretary may by regulation construed to limit the availability of leave (c) PERSONNEL MANAGEMENT REQUIRE- prescribe. If the Secretary issues a regula- under paragraph (1) during any other 12- MENTS.— tion requiring such certification, the em- month period.’’. (1) LIMITED STATIONING OPTIONS.—The Sec- ployee shall provide, in a timely manner, a (3) REQUIREMENTS RELATING TO LEAVE.— retary of the military department concerned copy of such certification to the employer.’’. (A) SCHEDULE.—Section 6382(b) of such title shall ensure that, whenever practicable, eli- (F) FAILURE TO RETURN.—Section 104(c) of is amended— gible members are only assigned to military such Act (29 U.S.C. 2614(c)) is amended— (i) in paragraph (1), in the second sen- installations that are identified in the report (i) in paragraph (2)(B)(i), by inserting ‘‘or tence— required by subsection (g)(1). under section 102(a)(3)’’ before the semicolon; (I) by striking ‘‘section 6383(b)(5)’’ and in- (2) STABILIZATION POLICY.—The Secretary and serting ‘‘subsection (b)(5) or (f) (as appro- of the military department concerned shall (ii) in paragraph (3)(A)— priate) of section 6383’’; and ensure that, whenever practicable, the fami- (I) in clause (i), by striking ‘‘or’’ at the (II) by inserting ‘‘or under subsection lies of eligible members residing at a mili- end; (a)(3)’’ after ‘‘subsection (a)(1)’’; and tary installation that is identified in such (II) in clause (ii), by striking the period (ii) in paragraph (2), by inserting ‘‘or under report are permitted to remain at that in- and inserting ‘‘; or’’; and subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. stallation for a period of not less than 4 (III) by adding at the end the following: (B) SUBSTITUTION OF PAID LEAVE.—Section years. ‘‘(iii) a certification issued by the health 6382(d) of such title is amended by adding at (d) CASE MANAGERS AND SERVICES.— care provider of the servicemember being the end the following: ‘‘An employee may (1) CASE MANAGERS.—The Secretary of the cared for by the employee, in the case of an elect to substitute for leave under subsection military department concerned shall ensure employee unable to return to work because (a)(3) any of the employee’s accrued or accu- that eligible members are assigned case of a condition specified in section 102(a)(3).’’. mulated annual or sick leave under sub- managers for both medical services and cov- (G) ENFORCEMENT.—Section 107 of such Act chapter I for any part of the 26-week period ered educational services for eligible depend- (29 U.S.C. 2617) is amended, in subsection of leave under such subsection.’’. ents, which shall be required under the Ex- (a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in (C) NOTICE.—Section 6382(e) of such title is ceptional Family Member Program pursuant a case involving leave under section amended by inserting ‘‘or under subsection to the policy established by the Secretary. 102(a)(3))’’ after ‘‘12 weeks’’. (a)(3)’’ after ‘‘subsection (a)(1)’’. (2) INDIVIDUALIZED SERVICES PLAN.—The (H) INSTRUCTIONAL EMPLOYEES.—Section (D) CERTIFICATION.—Section 6383 of such Secretary of the military department con- 108 of such Act (29 U.S.C. 2618) is amended, in title is amended by adding at the end the fol- cerned shall provide for the voluntary devel- subsections (c)(1), (d)(2), and (d)(3), by insert- lowing: opment for eligible dependents of individual- ing ‘‘or under section 102(a)(3)’’ after ‘‘sec- ‘‘(f) An employing agency may require that ized autism services plans for use by case tion 102(a)(1)’’. a request for leave under section 6382(a)(3) be managers, caregivers, and families to ensure (b) SERVICEMEMBER FAMILY LEAVE FOR supported by a certification issued at such continuity of services throughout the active CIVIL SERVICE EMPLOYEES.— time and in such manner as the Office of Per- military service of eligible members. (1) DEFINITIONS.—Section 6381 of title 5, sonnel Management may by regulation pre- (3) AUTISM SUPPORT CENTERS.—The Sec- United States Code, is amended— scribe.’’. retary of the military department concerned (A) in paragraph (5), by striking ‘‘and’’ at SEC. 586. FAMILY CARE PLANS AND DEFERMENT may establish local centers on military in- the end; OF DEPLOYMENT OF SINGLE PAR- stallations for the purpose of providing and (B) in paragraph (6), by striking the period ENT OR DUAL MILITARY COUPLES coordinating autism services for eligible de- WITH MINOR DEPENDENTS. and inserting a semicolon; and pendents. (C) by adding at the end the following: The Secretary of Defense shall establish appropriate procedures to ensure that an (4) PARTNERSHIPS AND CONTRACTS.—The ‘‘(7) the term ‘active duty’ means duty Secretary of the military department con- under a call or order to active duty under a adequate family care plan is in place for a member of the Armed Forces with minor de- cerned is encouraged to enter into partner- provision of law referred to in section ships or contracts with other appropriate 101(a)(13)(B) of title 10; pendents who is a single parent or whose spouse is also a member of the Armed Forces public and private entities to carry out the ‘‘(8) the term ‘covered servicemember’ responsibilities of this section. means a member of the Armed Forces, in- when the member may be deployed in an (e) DEMONSTRATION PROJECTS.— cluding a member of the National Guard or area for which imminent danger pay is au- (1) PROJECTS AUTHORIZED.—The Secretary Reserves, who is undergoing medical treat- thorized under section 310 of title 37, United of Defense may conduct 1 or more dem- ment, recuperation, or therapy, is otherwise States Code. Such procedures should allow onstration projects to evaluate improved ap- in an outpatient status, or is otherwise on the member to request a deferment of de- proaches to the provision of covered edu- the temporary disability retired list, for a ployment due to unforeseen circumstances, cational services and treatment services to serious injury or illness; and the request for such a deferment should eligible dependents for the purpose of evalu- ‘‘(9) the term ‘outpatient status’, with re- be considered and responded to promptly. ating strategies for integrated treatment spect to a covered servicemember, means the SEC. 587. EDUCATION AND TREATMENT SERV- and case manager services, including early status of a member of the Armed Forces as- ICES FOR MILITARY DEPENDENT intervention and diagnosis, medical care, signed to— CHILDREN WITH AUTISM. parent involvement, special education serv- ‘‘(A) a military medical treatment facility (a) ASSESSMENT OF AVAILABILITY OF SERV- ices, intensive behavioral intervention, and as an outpatient; or ICES.—The Secretary of Defense shall con- language, communications, and other inter- ‘‘(B) a unit established for the purpose of duct a comprehensive assessment of the ventions considered appropriate by the Sec- providing command and control of members availability of Federal, State, and local edu- retary. of the Armed Forces receiving medical care cation and treatment services on and in the (2) CASE MANAGERS AND SERVICES PLAN.— as outpatients; vicinity of a covered military installation Each demonstration project shall include the ‘‘(10) the term ‘next of kin’, used with re- for children of members of the Armed Forces assignment of case managers under para- spect to an individual, means the nearest who are diagnosed with autism. This assess- graph (1) of subsection (d) and utilize the blood relative of that individual; and ment shall include the following: services plans prepared for eligible depend- ‘‘(11) the term ‘serious injury or illness’, in (1) The local availability of adequate edu- ents under paragraph (2) of such subsection. the case of a member of the Armed Forces, cational services for children with autism. (3) SUPERVISORY LEVEL PROVIDERS.—The means an injury or illness incurred by the (2) The local availability of adequate med- Secretary of Defense may utilize for pur- member in line of duty on active duty in the ical services for children with autism. poses of the demonstration projects per- Armed Forces that may render the member (3) The local availability of supplemental sonnel who are professionals with a level (as medically unfit to perform the duties of the services for children with autism. determined by the Secretary) of post-sec- member’s office, grade, rank, or rating.’’. (4) The ease of access of children with au- tism to adequate educational services, such ondary education that is appropriate for the (2) ENTITLEMENT TO LEAVE.—Section 6382(a) provision of safe and effective services for of such title is amended by adding at the end as the length of time on waiting lists. (b) REVIEW OF BEST PRACTICES.—In pre- autism and who are from an accredited edu- the following: ‘‘(3) Subject to section 6383, an employee paring the assessment under subsection (a), cational facility in the mental health, who is the spouse, son, daughter, parent, or the Secretary of Defense shall conduct a re- human development, social work, or edu- next of kin of a covered servicemember shall view of best practices in the United States in cation field to act as supervisory level pro- be entitled to a total of 26 administrative the provision of covered educational services viders of behavioral intervention services for workweeks of leave during a 12-month period and treatment services for children with au- autism. In so acting, such personnel may be to care for the servicemember. The leave de- tism, including an assessment of Federal and authorized— scribed in this paragraph shall only be avail- State education and treatment services for (A) to develop and monitor intensive be- able during a single 12-month period. children with autism in each State, with an havior intervention plans for eligible depend- ‘‘(4) During the single 12-month period de- emphasis on locations where eligible mem- ents who are participating in the demonstra- scribed in paragraph (3), an employee shall bers and eligible dependents reside. The Sec- tion projects; and be entitled to a combined total of 26 adminis- retary of Defense shall conduct the review in (B) to provide appropriate training in the trative workweeks of leave under paragraphs coordination with the Secretary of Edu- provision of approved services to partici- (1) and (3). Nothing in this paragraph shall be cation. pating eligible dependents.

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(4) SERVICES UNDER CORPORATE SERVICES sure that all eligible dependents are able to (1) CONSOLIDATION OF SEPARATE AUTHORI- PROVIDER MODEL.—In carrying out the dem- obtain covered educational services. In the TIES.—Chapter 49 of title 10, United States onstration projects, the Secretary of Defense event that eligible members are assigned to Code, is amended by inserting after section may utilize a corporate services provider military installations that are not identified 973 the following new section: model. Employees of a provider under such a in the report required by subsection (g)(1), ‘‘§ 974. Uniform performance policies for mili- model shall include personnel who imple- the plan should ensure that such eligible de- tary bands and other musical units ment special educational and behavioral pendents are still able to obtain covered edu- ‘‘(a) RESTRICTIONS ON COMPETITION AND RE- intervention plans for eligible dependents cational services, including by the use of au- MUNERATION.—Bands, ensembles, choruses, or thority granted to the Secretary under sec- that are developed, reviewed, and main- similar musical units of the armed forces, in- tion 2164 of title 10, United States Code. The tained by supervisory level providers ap- cluding individual members of such a unit proved by the Secretary. In authorizing such plan shall also include any legislative ac- performing in an official capacity, may not— a model, the Secretary shall establish— tions that the Secretary recommends to im- ‘‘(1) engage in the performance of music in (A) minimum education, training, and ex- plement the plan and describe what funding competition with local civilian musicians; or perience criteria required to be met by em- or funding mechanisms may be needed to en- ‘‘(2) receive remuneration for official per- ployees who provide services to eligible de- sure eligible dependents obtain covered edu- formances. pendents; cational services. The Secretary shall sub- ‘‘(b) MEMBERS PERFORMING IN PERSONAL (B) requirements for supervisory personnel mit the plan to the congressional defense CAPACITY.—A member of a band, ensemble, and supervision, including requirements for committees not later than July 1, 2009. chorus, or similar musical unit of the armed supervisor credentials and for the frequency (i) DEFINITIONS.—In this section: forces may engage in the performance of and intensity of supervision; and (1) The term ‘‘autism’’ refers to the Autism music in the member’s personal capacity, as (C) such other requirements as the Sec- Spectrum Disorders, which are develop- an individual or part of a group, for remu- retary considers appropriate to ensure safety mental disabilities that cause substantial neration or otherwise, if the member— and the protection of the eligible dependents impairments in the areas of social inter- ‘‘(1) does not wear a military uniform for who receive services from such employees action, emotional regulation, communica- the performance; under the demonstration projects. tion, and the integration of higher-order cog- ‘‘(2) does not identify himself or herself as (5) PERIOD.—If the Secretary of Defense de- nitive processes and are often characterized a member of the armed forces in connection termines to conduct demonstration projects by the presence of unusual behaviors and in- with the performance; and under this subsection, the Secretary shall terests. The term includes autistic disorder, ‘‘(3) complies with all other applicable reg- commence such demonstration projects not pervasive developmental disorder (not other- ulations and standards of conduct. later than 180 days after the date of the en- wise specified), and Asperger’s syndrome. (2) The term ‘‘child’’ has the meaning ‘‘(c) RECORDINGS.—(1) When authorized pur- actment of this Act. The demonstration suant to regulations prescribed by the Sec- projects shall be conducted for not less than given that term in section 1072 of title 10, United States Code. retary of Defense for purposes of this sec- 2 years. (3) The term ‘‘covered military installa- tion, bands, ensembles, choruses, or similar (6) EVALUATION.—The Secretary of Defense tion’’ means a military installation at which musical units of the armed forces may shall conduct an evaluation of each dem- at least 1,000 members of the Armed Forces produce recordings for distribution to the onstration project conducted under this sec- are assigned who are eligible for an assign- public, at a cost not to exceed production tion. The evaluation shall include the fol- ment accompanied by dependents. and distribution expenses. lowing: (4) The term ‘‘eligible member’’ means a ‘‘(2) Amounts received in payment for re- (A) An assessment of the extent to which member of the Armed Forces who— cordings distributed to the public under this the activities under the demonstration (A) has a dependent child who is diagnosed subsection shall be credited to the appropria- project contributed to positive outcomes for with autism; and tion or account providing the funds for the eligible dependents. (B) is enrolled in an Exceptional Family production of such recordings. Any amounts (B) An assessment of the extent to which Member Program of the Department of De- so credited shall be merged with amounts in the activities under the demonstration fense. the appropriation or account to which cred- project led to improvements in services and (5) The term ‘‘eligible dependent’’ means a ited, and shall be available for the same pur- continuity of care for eligible dependents. child of an eligible member who is diagnosed poses, and subject to the same conditions (C) An assessment of the extent to which with autism. and limitations, as amounts in such appro- the activities under the demonstration (6) The term ‘‘local educational agency’’ priation or account. project improved military family readiness has the meaning given that term in section ‘‘(d) PERFORMANCE OF MUSIC IN COMPETI- and enhanced military retention. 8013(9) of the Elementary and Secondary TION WITH LOCAL CIVILIAN MUSICIANS DE- (f) RELATIONSHIP TO OTHER BENEFITS.— FINED.—(1) In this section, the term ‘per- Nothing in this section precludes the eligi- Education Act of 1965 (20 U.S.C. 7713(9)), ex- cept that the term includes publicly financed formance of music in competition with local bility of members of the Armed Forces and civilian musicians’ includes performances— their dependents for extended benefits under schools in communities, Department of De- fense domestic dependent elementary and ‘‘(A) that are more than incidental to section 1079 of title 10, United States Code. events that are not supported solely by ap- (g) REPORTS.— secondary schools, and schools of the defense propriated funds and are not free to the pub- (1) REPORT IDENTIFYING COVERED MILITARY dependents’ education system. lic; and INSTALLATIONS.—As a result of the assess- (7) The term ‘‘covered educational serv- ‘‘(B) of background, dinner, dance, or other ment required by subsection (a), the Sec- ices’’ includes behavioral intervention serv- social music at events, regardless of loca- retary of Defense shall submit to the con- ices for autism, such as Applied Behavioral tion, that are not supported solely by appro- gressional defense committees, not later Analysis. priated funds. than December 31, 2008, a report identifying SEC. 588. COMMENDATION OF EFFORTS OF ‘‘(2) The term does not include perform- those covered military installations that PROJECT COMPASSION IN PAYING ances— have covered educational services and facili- TRIBUTE TO MEMBERS OF THE ARMED FORCES WHO HAVE FALLEN ‘‘(A) at official Federal Government events ties available (on the installation or in the IN THE SERVICE OF THE UNITED that are supported solely by appropriated vicinity of the installation) for eligible de- STATES. funds; pendents that provide special education and (a) COMMENDATION.—Congress, on the be- ‘‘(B) at concerts, parades, and other events related services consistent with the Individ- half of the people of the United States, com- that are patriotic events or celebrations of uals with Disabilities Education Act (20 mends Kaziah M. Hancock and the 4 other national holidays and are free to the public; U.S.C. 1400 et seq.). volunteer professional portrait artists of the or (2) REPORTS ON DEMONSTRATION PROJECTS.— nonprofit organization known as Project ‘‘(C) that are incidental, such as short per- Not later than 30 months after the com- Compassion, as well as the entire Project formances of military or patriotic music to mencement of any demonstration project Compassion organization, for their ongoing open or close events, to events that are not under subsection (e), the Secretary of De- efforts to provide, without charge, to the supported solely by appropriated funds, in fense shall submit to the Committees on family of each member of the Armed Forces compliance with applicable rules and regula- Armed Services of the Senate and the House who has died on active duty since September tions.’’. of Representatives a report on the dem- 11, 2001, a museum-quality original oil por- (2) CLERICAL AMENDMENT.—The table of onstration project. The report shall include a trait of the member. sections at the beginning of such chapter is description of the project, the results of the (b) SENSE OF CONGRESS.—It is the sense of amended by inserting after the item relating evaluation under subsection (e)(6) with re- Congress that the people of the United to section 973 the following new item: spect to the project, and a description of States owe the deepest gratitude to Kaziah plans for the further provision of services for M. Hancock and the members of Project ‘‘974. Uniform performance policies for mili- eligible dependents under the project. Compassion. tary bands and other musical (h) COVERED EDUCATIONAL SERVICES Subtitle I—Other Matters units.’’. PLAN.—After completing the assessment re- SEC. 590. UNIFORM PERFORMANCE POLICIES (b) REPEAL OF SEPARATE SERVICE AUTHORI- quired by subsection (a) and the report re- FOR MILITARY BANDS AND OTHER TIES.— quired by subsection (g)(1), the Secretary of MUSICAL UNITS. (1) REPEAL.—Sections 3634, 6223, and 8634 of Defense shall develop a plan that would en- (a) IN GENERAL.— such title are repealed.

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(2) TABLE OF SECTIONS.—(A) The table of Committee for Employer Support of the and of the military departments relating to sections at the beginning of chapter 349 of Guard and Reserve of the Department of De- the separation of members of the Armed such title is amended by striking the item fense during the fiscal year for which the re- Forces based on a personality disorder. relating to section 3634. port is made.’’; and (2) ELEMENTS.—The report required by (B) The table of sections at the beginning (3) in paragraph (5), as so redesignated, by paragraph (1) shall— of chapter 565 of such title is amended by striking ‘‘(2), or (3)’’ and inserting ‘‘(2), (3), (A) include an audit of a sampling of cases striking the item relating to section 6223. or (4)’’. to determine the validity and clinical effi- (C) The table of sections at the beginning SEC. 596. MODIFICATION OF CERTIFICATE OF RE- cacy of the policies and procedures referred of chapter 849 of such title is amended by LEASE OR DISCHARGE FROM ACTIVE to in paragraph (1) and the extent, if any, of striking the item relating to section 8634. DUTY (DD FORM 214). the divergence between the terms of such SEC. 591. TRANSPORTATION OF REMAINS OF DE- The Secretary of Defense, in consultation policies and procedures and the implementa- CEASED MEMBERS OF THE ARMED with the Secretary of Veterans Affairs, shall tion of such policies and procedures; and FORCES AND CERTAIN OTHER PER- modify the Certificate of Release or Dis- (B) include a determination by the Comp- SONS. charge from Active Duty (DD Form 214) in troller General of whether, and to what ex- Section 1482(a)(8) of title 10, United States order to permit a member of the Armed tent, the policies and procedures referred to Code, is amended by adding at the end the Forces, upon discharge or release from ac- in paragraph (1)— following new sentence: ‘‘When transpor- tive duty in the Armed Forces, to elect that (i) deviate from standard clinical diag- tation of the remains includes transpor- the DD–214 issued with regard to the member nostic practices and current clinical stand- tation by aircraft under section 562 of the be forwarded to the following: ards; and John Warner National Defense Authorization (1) The Central Office of the Department of (ii) provide adequate safeguards aimed at Act for Fiscal Year 2007 (Public Law 109–364; Veterans Affairs in the District of Columbia. ensuring that members of the Armed Forces 10 U.S.C. 1482 note), the Secretary concerned (2) The appropriate office of the Depart- who suffer from mental health conditions shall provide, to the maximum extent prac- ment of Veterans Affairs for the State or (including depression, post-traumatic stress ticable, for delivery of the remains by air to other locality in which the member will first disorder, or traumatic brain injury) result- the commercial, general aviation, or mili- reside after such discharge or release. ing from service in a combat zone are not tary airport nearest to the place selected by SEC. 597. REPORTS ON ADMINISTRATIVE SEPARA- separated from the Armed Forces on the the designee.’’. TIONS OF MEMBERS OF THE ARMED basis of a personality disorder. SEC. 592. EXPANSION OF NUMBER OF ACADEMIES FORCES FOR PERSONALITY DIS- (3) ALTERNATIVE SUBMISSION METHOD.—In SUPPORTABLE IN ANY STATE ORDER. lieu of submitting a separate report under UNDER STARBASE PROGRAM. (a) SECRETARY OF DEFENSE REPORT ON AD- Section 2193b(c)(3) of title 10, United States MINISTRATIVE SEPARATIONS BASED ON PER- this subsection, the Comptroller may include Code, is amended— SONALITY DISORDER.— the evaluation, audit and determination re- (1) in subparagraph (A), by striking ‘‘more (1) REPORT REQUIRED.—Not later than April quired by this subsection as part of the study than two academies’’ and inserting ‘‘more 1, 2008, the Secretary of Defense shall submit of mental health services required by section than four academies’’; and to the Committees on Armed Services of the 723 of the Ronald W. Reagan National De- (2) in subparagraph (B), by striking ‘‘in ex- Senate and the House of Representatives a fense Authorization Act of 2005 (Public Law cess of two’’ both places it appears and in- report on all cases of administrative separa- 108–375; 118 Stat. 1989). serting ‘‘in excess of four’’. tion from the Armed Forces of covered mem- (c) COVERED MEMBER OF THE ARMED FORCES SEC. 593. GIFT ACCEPTANCE AUTHORITY. bers of the Armed Forces on the basis of a DEFINED.—In this section, the term ‘‘covered (a) PERMANENT AUTHORITY TO ACCEPT personality disorder. member of the Armed Forces’’ includes the GIFTS ON BEHALF OF THE WOUNDED.—Section (2) ELEMENTS.—The report required by following: 2601(b) of title 10, United States Code, is paragraph (1) shall include the following: (1) Any member of a regular component of amended by striking paragraph (4). (A) A statement of the total number of the Armed Forces who has served in Iraq or (b) LIMITATION ON SOLICITATION OF GIFTS.— cases, by Armed Force, in which covered Afghanistan since October 2001. The Secretary of Defense shall prescribe reg- members of the Armed Forces have been sep- (2) Any member of the Selected Reserve of ulations implementing sections 2601 and 2608 arated from the Armed Forces on the basis of the Ready Reserve of the Armed Forces who of title 10, United States Code, that prohibit a personality disorder, and an identification served on active duty in Iraq or Afghanistan the solicitation of any gift under such sec- of the various forms of personality disorder since October 2001. tions by any employee of the Department of forming the basis for such separations. SEC. 598. PROGRAM TO COMMEMORATE 50TH AN- Defense if the nature or circumstances of (B) A statement of the total number of NIVERSARY OF THE VIETNAM WAR. such solicitation would compromise the in- cases, by Armed Force, in which covered (a) COMMEMORATIVE PROGRAM AUTHOR- tegrity or the appearance of integrity of any members of the Armed Forces who have IZED.—The Secretary of Defense may conduct program of the Department of Defense or of served in Iraq and Afghanistan since October a program to commemorate the 50th anni- any individual involved in such program. 2001 have been separated from the Armed versary of the Vietnam War. In conducting SEC. 594. CONDUCT BY MEMBERS OF THE ARMED Forces on the basis of a personality disorder, the commemorative program, the Secretary FORCES AND VETERANS OUT OF and the identification of the various forms of shall coordinate, support, and facilitate UNIFORM DURING HOISTING, LOW- personality disorder forming the basis for other programs and activities of the Federal ERING, OR PASSING OF UNITED Government, State and local governments, STATES FLAG. such separations. and other persons and organizations in com- Section 9 of title 4, United States Code, is (C) A summary of the policies, by Armed amended by striking ‘‘all persons present’’ Force, controlling administrative separa- memoration of the Vietnam War. and all that follows through the end of the tions of members of the Armed Forces based (b) SCHEDULE.—The Secretary of Defense section and inserting the following: ‘‘all per- on personality disorder, and an evaluation of shall determine the schedule of major events sons present in uniform should render the the adequacy of such policies for ensuring and priority of efforts for the commemora- military salute. Members of the Armed that covered members of the Armed Forces tive program in order to ensure achievement Forces and veterans who are present but not who may be eligible for disability evaluation of the objectives specified in subsection (c). in uniform may render the military salute. due to mental health conditions are not sep- (c) COMMEMORATIVE ACTIVITIES AND OBJEC- All other persons present should face the flag arated from the Armed Forces on the basis of TIVES.—The commemorative program may and stand at attention with their right hand a personality disorder. include activities and ceremonies to achieve over the heart, or if applicable, remove their (D) A discussion of measures being imple- the following objectives: headdress with their right hand and hold it mented to ensure that members of the (1) To thank and honor veterans of the at the left shoulder, the hand being over the Armed Forces who should be evaluated for Vietnam War, including personnel who were heart. Citizens of other countries present disability separation or retirement due to held as prisoners of war or listed as missing should stand at attention. All such conduct mental health conditions are not processed in action, for their service and sacrifice on toward the flag in a moving column should for separation from the Armed Forces on the behalf of the United States and to thank and be rendered at the moment the flag passes.’’. basis of a personality disorder, and rec- honor the families of these veterans. SEC. 595. ANNUAL REPORT ON CASES REVIEWED ommendations regarding how members of (2) To highlight the service of the Armed BY NATIONAL COMMITTEE FOR EM- the Armed Forces who may have been so sep- Forces during the Vietnam War and the con- PLOYER SUPPORT OF THE GUARD arated from the Armed Forces should be pro- tributions of Federal agencies and govern- AND RESERVE. vided with expedited review by the applica- mental and non-governmental organizations Section 4332 of title 38, United States Code, ble board for the correction of military that served with, or in support of, the Armed is amended— records. Forces. (1) by redesignating paragraphs (2), (3), (4), (b) COMPTROLLER GENERAL REPORT ON (3) To pay tribute to the contributions (5), and (6) as paragraphs (3), (4), (5), (6), and POLICIES ON ADMINISTRATIVE SEPARATION made on the home front by the people of the (7) respectively; BASED ON PERSONALITY DISORDER.— United States during the Vietnam War. (2) by inserting after paragraph (1) the fol- (1) REPORT REQUIRED.—Not later than June (4) To highlight the advances in tech- lowing new paragraph (2): 1, 2008, the Comptroller General shall submit nology, science, and medicine related to ‘‘(2) The number of cases reviewed by the to Congress a report evaluating the policies military research conducted during the Viet- Secretary of Defense under the National and procedures of the Department of Defense nam War.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.055 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H120 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (5) To recognize the contributions and sac- program, if established by the Secretary of Sec. 605. Midmonth payment of basic pay for rifices made by the allies of the United Defense under subsection (a), the Secretary contributions of members of States during the Vietnam War. shall submit to Congress a report containing the uniformed services partici- (d) NAMES AND SYMBOLS.—The Secretary of an accounting of— pating in Thrift Savings Plan. Defense shall have the sole and exclusive (A) all of the funds deposited into and ex- Subtitle B—Bonuses and Special and right to use the name ‘‘The United States of pended from the Fund; Incentive Pays America Vietnam War Commemoration’’, (B) any other funds expended under this Sec. 610. Correction of lapsed authorities for and such seal, emblems, and badges incor- section; and payment of bonuses, special porating such name as the Secretary may (C) any unobligated funds remaining in the pays, and similar benefits for lawfully adopt. Nothing in this section may Fund. members of the uniformed serv- be construed to supersede rights that are es- (2) TREATMENT OF UNOBLIGATED FUNDS.— ices. tablished or vested before the date of the en- Unobligated amounts remaining in the Fund Sec. 611. Extension of certain bonus and spe- actment of this Act. as of the end of the commemorative period (e) COMMEMORATIVE FUND.— cial pay authorities for Reserve specified in subsection (b) shall be held in (1) ESTABLISHMENT AND ADMINISTRATION.— forces. the Fund until transferred by law. If the Secretary establishes the commemora- Sec. 612. Extension of certain bonus and spe- (h) LIMITATION ON EXPENDITURES.—Total tive program under subsection (a), the Sec- cial pay authorities for health expenditures from the Fund, using amounts retary the Treasury shall establish in the care professionals. appropriated to the Department of Defense, Treasury of the United States an account to Sec. 613. Extension of special pay and bonus may not exceed $5,000,000 for fiscal year 2008 be known as the ‘‘Department of Defense authorities for nuclear officers. or for any subsequent fiscal year to carry out Vietnam War Commemoration Fund’’ (in Sec. 614. Extension of authorities relating to the commemorative program. this section referred to as the ‘‘Fund’’). The payment of other bonuses and (i) FUNDING.—Of the amount authorized to Fund shall be administered by the Secretary special pays. be appropriated pursuant to section 301(5) for of Defense. Sec. 615. Increase in incentive special pay Defense-wide activities, $1,000,000 shall be (2) USE OF FUND.—The Secretary shall use and multiyear retention bonus available for deposit in the Fund for fiscal the assets of the Fund only for the purpose of for medical officers. year 2008 if the Fund is established under conducting the commemorative program and Sec. 616. Increase in dental officer addi- subsection (e). shall prescribe such regulations regarding tional special pay. the use of the Fund as the Secretary con- SEC. 599. RECOGNITION OF MEMBERS OF THE Sec. 617. Increase in maximum monthly rate siders to be necessary. MONUMENTS, FINE ARTS, AND AR- of hardship duty pay and au- CHIVES PROGRAM OF THE CIVIL AF- thority to provide hardship (3) DEPOSITS.—There shall be deposited FAIRS AND MILITARY GOVERNMENT into the Fund— SECTIONS OF THE ARMED FORCES duty pay in a lump sum. (A) amounts appropriated to the Fund; DURING AND FOLLOWING WORLD Sec. 618. Definition of sea duty for career (B) proceeds derived from the Secretary’s WAR II. sea pay to include service as use of the exclusive rights described in sub- Congress hereby— off-cycle crewmembers of section (d); (1) recognizes the men and women who multi-crew ships. (C) donations made in support of the com- served in the Monuments, Fine Arts, and Ar- Sec. 619. Reenlistment bonus for members of memorative program by private and cor- chives program (MFAA) under the Civil Af- the Selected Reserve. porate donors; and fairs and Military Government Sections of Sec. 620. Availability of Selected Reserve ac- (D) funds transferred to the Fund by the the United States Armed Forces for their he- cession bonus for persons who Secretary from funds appropriated for fiscal roic role in the preservation, protection, and previously served in the Armed year 2008 and subsequent years for the De- restitution of monuments, works of art, and Forces for a short period. partment of Defense. other artifacts of inestimable cultural im- Sec. 621. Availability of nuclear officer con- (4) AVAILABILITY.—Subject to subsection portance in Europe and Asia during and fol- tinuation pay for officers with (g)(2), amounts deposited under paragraph (3) lowing World War II; more than 26 years of commis- shall constitute the assets of the Fund and (2) recognizes that without their dedica- sioned service. remain available until expended. tion and service, many more of the world’s Sec. 622. Waiver of years-of-service limita- (5) BUDGET REQUEST.—The Secretary of De- artistic and historic treasures would have tion on receipt of critical skills fense may establish a separate budget line been destroyed or lost forever amidst the retention bonus. for the commemorative program. In the chaos and destruction of World War II; Sec. 623. Accession bonus for participants in budget justification materials submitted by (3) acknowledges that the detailed cata- the Armed Forces Health Pro- the Secretary in support of the budget of the logues, documentation, inventories, and pho- fessions Scholarship and Finan- President for any fiscal year for which the tographs developed and compiled by MFAA cial Assistance Program. Secretary establishes the separate budget personnel during and following World War II, Sec. 624. Payment of assignment incentive line, the Secretary shall— have made, and continue to make, possible pay for Reserve members serv- (A) identify and explain any amounts ex- the restitution of stolen works of art to their ing in combat zone for more pended for the commemorative program in rightful owners; and than 22 months. the fiscal year preceding the budget request; (4) commends and extols the members of Subtitle C—Travel and Transportation (B) identify and explain the amounts being the MFAA for establishing a precedent for Allowances requested to support the commemorative action to protect cultural property in the Sec. 631. Payment of inactive duty training program for the fiscal year of the budget re- event of armed conflict, and by their action travel costs for certain Selected quest; and setting a standard not just for one country, Reserve members. (C) present a summary of the fiscal status but for people of all nations to acknowledge Sec. 632. Survivors of deceased members eli- of the Fund. and uphold. gible for transportation to at- (f) ACCEPTANCE OF VOLUNTARY SERVICES.— TITLE VI—COMPENSATION AND OTHER tend burial ceremonies. (1) AUTHORITY TO ACCEPT SERVICES.—Not- PERSONNEL BENEFITS Sec. 633. Allowance for participation of Re- withstanding section 1342 of title 31, United Subtitle A—Pay and Allowances serves in electronic screening. States Code, the Secretary of Defense may Sec. 634. Allowance for civilian clothing for Sec. 601. Fiscal year 2008 increase in mili- accept from any person voluntary services to members of the Armed Forces tary basic pay. be provided in furtherance of the commemo- traveling in connection with Sec. 602. Basic allowance for housing for re- rative program. The Secretary of Defense medical evacuation. serve component members shall prohibit the solicitation of any vol- Sec. 635. Payment of moving expenses for without dependents who attend untary services if the nature or cir- Junior Reserve Officers’ Train- accession training while main- cumstances of such solicitation would com- ing Corps instructors in hard- taining a primary residence. promise the integrity or the appearance of to-fill positions. integrity of any program of the Department Sec. 603. Extension and enhancement of au- of Defense or of any individual involved in thority for temporary lodging Subtitle D—Retired Pay and Survivor the program. expenses for members of the Benefits (2) REIMBURSEMENT OF INCIDENTAL EX- Armed Forces in areas subject Sec. 641. Expansion of combat-related spe- PENSES.—The Secretary may provide for re- to major disaster declaration or cial compensation eligibility. imbursement of incidental expenses incurred for installations experiencing Sec. 642. Inclusion of veterans with service- by a person providing voluntary services sudden increase in personnel connected disabilities rated as under this subsection. The Secretary shall levels. total by reason of determine which expenses are eligible for re- Sec. 604. Income replacement payments for unemployability under termi- imbursement under this paragraph. reserve component members ex- nation of phase-in of concur- (g) FINAL REPORT.— periencing extended and fre- rent receipt of retired pay and (1) REPORT REQUIRED.—Not later than 60 quent mobilization for active veterans’ disability compensa- days after the end of the commemorative duty service. tion.

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Sec. 643. Recoupment of annuity amounts SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR ‘‘(g) TERMINATION.—No payment shall be previously paid, but subject to RESERVE COMPONENT MEMBERS made to a member under this section for offset for dependency and in- WITHOUT DEPENDENTS WHO AT- months beginning after December 31, 2008, TEND ACCESSION TRAINING WHILE demnity compensation. MAINTAINING A PRIMARY RESI- unless the entitlement of the member to Sec. 644. Special survivor indemnity allow- DENCE. payments under this section commenced on ance for persons affected by re- (a) AVAILABILITY OF ALLOWANCE.—Section or before that date.’’. quired Survivor Benefit Plan 403(g)(1) of title 37, United States Code, is SEC. 605. MIDMONTH PAYMENT OF BASIC PAY annuity offset for dependency amended— FOR CONTRIBUTIONS OF MEMBERS and indemnity compensation. (1) by inserting ‘‘to attend accession train- OF THE UNIFORMED SERVICES PAR- ing,’’ after ‘‘active duty’’ the first place it TICIPATING IN THRIFT SAVINGS Sec. 645. Modification of authority of mem- PLAN. appears; and bers of the Armed Forces to (a) SEMI-MONTHLY DEPOSIT OF MEMBER’S (2) by inserting a comma after ‘‘contin- designate recipients for pay- CONTRIBUTIONS.—Section 1014 of title 37, gency operation’’ the first place it appears. ment of death gratuity. United States Code, is amended by adding at (b) EFFECTIVE DATE.—The amendments Sec. 646. Clarification of application of re- made by subsection (a) shall apply with re- the end the following new subsection: tired pay multiplier percentage spect to months beginning on or after the ‘‘(c) With respect to a member of the uni- to members of the uniformed date of the enactment of this Act. formed services who has elected to partici- pate in the Thrift Savings Plan under sec- services with over 30 years of SEC. 603. EXTENSION AND ENHANCEMENT OF AU- service. THORITY FOR TEMPORARY LODGING tion 211 of this title, subsection (a) does not Sec. 647. Commencement of receipt of non- EXPENSES FOR MEMBERS OF THE preclude the payment of an amount equal to regular service retired pay by ARMED FORCES IN AREAS SUBJECT one-half of the monthly deposit to the Thrift members of the Ready Reserve TO MAJOR DISASTER DECLARATION Savings Fund otherwise to be made by the OR FOR INSTALLATIONS EXPERI- on active Federal status or ac- member in participating in the Plan, which ENCING SUDDEN INCREASE IN PER- amount may be deposited in the Thrift Sav- tive duty for significant peri- SONNEL LEVELS. ings Fund at midmonth.’’. ods. (a) MAXIMUM PERIOD OF RECEIPT OF EX- (b) SEMI-MONTHLY REPAYMENT OF BOR- Sec. 648. Computation of years of service for PENSES.—Section 404a(c)(3) of title 37, United ROWED AMOUNTS.—Section 211 of such title is purposes of retired pay for non- States Code, is amended by striking ‘‘20 amended by adding at the end the following regular service. days’’ and inserting ‘‘60 days’’. (b) EXTENSION OF AUTHORITY FOR INCREASE new subsection: ‘‘(e) REPAYMENT OF AMOUNTS BORROWED Subtitle E—Commissary and Non- IN CERTAIN BAH.—Section 403(b)(7)(E) of such appropriated Fund Instrumentality Bene- title is amended by striking ‘‘December 31, FROM MEMBER ACCOUNT.—If a loan is issued fits 2008’’ and inserting ‘‘December 31, 2009’’. to a member under section 8433(g) of title 5 from funds in the member’s account in the Sec. 651. Authority to continue commissary SEC. 604. INCOME REPLACEMENT PAYMENTS FOR Thrift Savings Plan, repayment of the loan and exchange benefits for cer- RESERVE COMPONENT MEMBERS may be required on the same semi-monthly tain involuntarily separated EXPERIENCING EXTENDED AND FRE- QUENT MOBILIZATION FOR ACTIVE basis as authorized for contributions to the members of the Armed Forces. DUTY SERVICE. Thrift Savings Fund on behalf of the member Sec. 652. Authorization of installment de- (a) CLARIFICATION REGARDING WHEN PAY- under section 1014(c) of this title.’’. ductions from pay of employees MENTS REQUIRED.—Subsection (a) of section Subtitle B—Bonuses and Special and of nonappropriated fund instru- 910 of title 37, United States Code, is amend- Incentive Pays mentalities to collect indebted- ed by inserting before the period at the end ness to the United States. of the first sentence the following: ‘‘, when SEC. 610. CORRECTION OF LAPSED AUTHORITIES the total monthly military compensation of FOR PAYMENT OF BONUSES, SPE- Subtitle F—Consolidation of Special Pay, CIAL PAYS, AND SIMILAR BENEFITS the member is less than the average monthly Incentive Pay, and Bonus Authorities FOR MEMBERS OF THE UNIFORMED civilian income of the member’’. SERVICES. (b) ELIGIBILITY.—Subsection (b) of such Sec. 661. Consolidation of special pay, incen- (a) RETROACTIVE EFFECTIVE DATE FOR PAY- section is amended to read as follows: tive pay, and bonus authorities MENT AUTHORITIES.—The amendments made ‘‘(b) ELIGIBILITY.—(1) A member of a re- of the uniformed services. by sections 611, 612, 613, and 614 shall take ef- Sec. 662. Transitional provisions. serve component is entitled to a payment under this section for any full month of ac- fect as of December 31, 2007. (b) RATIFICATION OF EXISTING CONTINGENT Subtitle G—Other Matters tive duty of the member, when the total AGREEMENTS.—In the case of a provision of Sec. 671. Referral bonus authorities. monthly military compensation of the mem- ber is less than the average monthly civilian title 10 or 37, United States Code, amended Sec. 672. Expansion of education loan repay- income of the member, while the member is by section 611, 612, 613, or 614 under which an ment program for members of on active duty under an involuntary mobili- individual must enter into an agreement the Selected Reserve. zation order, following the date on which the with the Secretary concerned for receipt of a Sec. 673. Ensuring entry into United States member— bonus, special pay, or similar benefit, the after time abroad for perma- ‘‘(A) completes 547 continuous days of serv- Secretary concerned may treat any agree- nent resident alien military ice on active duty under an involuntary mo- ment entered into under such a provision spouses and children. bilization order; during the period beginning on January 1, 2008, and ending on the date of the enact- Sec. 674. Overseas naturalization for mili- ‘‘(B) completes 730 cumulative days on ac- ment of this Act as having taken effect as of tary spouses and children. tive duty under an involuntary mobilization the date on which the agreement was signed Sec. 675. Modification of amount of back pay order during the previous 1,826 days; or ‘‘(C) is involuntarily mobilized for service by the individual. for members of Navy and Ma- (c) TEMPORARY ADDITIONAL AGREEMENT AU- rine Corps selected for pro- on active duty for a period of 180 days or more within 180 days after the date of the THORITY.— motion while interned as pris- (1) AUTHORITY.—In the case of a provision oners of war during World War member’s separation from a previous period of active duty for a period of 180 days or of title 10 or 37, United States Code, amended II to take into account changes by section 611, 612, 613, or 614 under which an in Consumer Price Index. more. ‘‘(2) The entitlement of a member of a re- individual must enter into an agreement Subtitle A—Pay and Allowances serve component to a payment under this with the Secretary concerned for receipt of a section also shall commence or, if previously bonus, special pay, or similar benefit, the SEC. 601. FISCAL YEAR 2008 INCREASE IN MILI- Secretary concerned, during the 120-day pe- TARY BASIC PAY. commenced under paragraph (1), shall con- tinue if the member— riod beginning on the date of the enactment (a) RESCISSION OF PRIOR BASIC PAY ADJUST- ‘‘(A) satisfies the required number of days of this Act, may treat any agreement en- MENT.—The adjustment made as of January on active duty specified in subparagraph (A) tered into under such a provision by an indi- 1, 2008, pursuant to section 4 of Executive or (B) of paragraph (1) or was involuntarily vidual described in paragraph (2) as having Order No. 13454 (issued January 4, 2008), in mobilized as provided in subparagraph (C) of been signed by the individual during the pe- elements of compensation of members of the such paragraph; and riod beginning on January 1, 2008, and ending uniformed services pursuant to section 1009 ‘‘(B) is retained on active duty under sub- on the date of the enactment of this Act. of title 37, United States Code, is hereby re- paragraph (A) or (B) of section 12301(h)(1) of (2) COVERED INDIVIDUALS.—An individual scinded in order to permit the 3.5 percent in- title 10 because of an injury or illness in- referred to in paragraph (1) is an individual crease in monthly basic pay for members of curred or aggravated while the member was who would have met all of the qualifications the uniformed services required by sub- assigned to duty in an area for which special for a bonus, special pay, or similar benefit section (b) to take effect as intended. pay under section 310 of this title is avail- under a provision of title 10 or 37, United (b) INCREASE IN BASIC PAY.—Effective as of able.’’. States Code, amended by section 611, 612, 613, January 1, 2008, the rates of monthly basic (c) TERMINATION OF AUTHORITY.—Sub- or 614 at any time during the period begin- pay for members of the uniformed services section (g) of such section is amended to read ning on January 1, 2008, and ending on the are increased by 3.5 percent. as follows: date of the enactment of this Act, but for the

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fact that the statutory authority for the WARTIME SPECIALTIES.—Section 302g(e) of to agreements entered into under section bonus, special pay, or similar benefit lapsed such title is amended by striking ‘‘December 301d(a) or 302b(c) of title 37, United States on December 31, 2007. 31, 2007’’ and inserting ‘‘December 31, 2008’’. Code, on or after the date of the enactment (d) TAX TREATMENT.—The payment of a (f) ACCESSION BONUS FOR DENTAL OFFI- of this Act. bonus, special pay, or similar benefit under a CERS.—Section 302h(a)(1) of such title is SEC. 616. INCREASE IN DENTAL OFFICER ADDI- provision of title 10 or 37, United States amended by striking ‘‘December 31, 2007’’ and TIONAL SPECIAL PAY. Code, amended by section 611, 612, 613, or 614 inserting ‘‘December 31, 2008’’. (a) INCREASE.—Section 302b(a)(4) of title 37, to an individual who would have been enti- (g) ACCESSION BONUS FOR PHARMACY OFFI- United States Code, is amended— tled to the tax treatment accorded by sec- CERS.—Section 302j(a) of such title is amend- (1) in the matter preceding subparagraph tion 112 of the Internal Revenue Code of 1986 ed by striking ‘‘December 31, 2007’’ and in- (A), by striking ‘‘at the following rates’’ and on the date on which the member would have serting ‘‘December 31, 2008’’. inserting ‘‘at a rate determined by the Sec- otherwise earned the bonus, special pay, or (h) ACCESSION BONUS FOR MEDICAL OFFI- retary concerned, which rate may not exceed similar benefit, but for the fact that the CERS IN CRITICALLY SHORT WARTIME SPECIAL- the following’’; statutory authority for the bonus, special TIES.—Section 302k(f) of such title is amend- (2) in subparagraph (A), by striking pay, or similar benefit lapsed on December ed by striking ‘‘December 31, 2007’’ and in- ‘‘$4,000’’ and inserting ‘‘$10,000’’; and 31, 2007, shall be treated as covered by such serting ‘‘December 31, 2008’’. (3) in subparagraph (B), by striking section 112. (i) ACCESSION BONUS FOR DENTAL SPE- ‘‘$6,000’’ and inserting ‘‘$12,000’’. (e) RETROACTIVE IMPLEMENTATION OF ARMY CIALIST OFFICERS IN CRITICALLY SHORT WAR- (b) EFFECTIVE DATE.—The amendments REFERRAL BONUS.—The Secretary of the TIME SPECIALTIES.—Section 302l(g) of such made by this section shall apply with respect Army may pay a bonus under section 3252 of title is amended by striking ‘‘December 31, to agreements entered into under section title 10, United States Code, as added by sec- 2007’’ and inserting ‘‘December 31, 2008’’. 302b(b) of title 37, United States Code, on or tion 671(a)(1), to an individual referred to in SEC. 613. EXTENSION OF SPECIAL PAY AND after the date of the enactment of this Act. subsection (a)(2) of such section 3252 who BONUS AUTHORITIES FOR NUCLEAR SEC. 617. INCREASE IN MAXIMUM MONTHLY RATE made a referral, as described in subsection OFFICERS. OF HARDSHIP DUTY PAY AND AU- (b) of such section 3252, to an Army recruiter (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED THORITY TO PROVIDE HARDSHIP during the period beginning on January 1, OFFICERS EXTENDING PERIOD OF ACTIVE SERV- DUTY PAY IN A LUMP SUM. 2008, and ending on the date of the enact- ICE.—Section 312(f) of title 37, United States Section 305 of title 37, United States Code, ment of this Act. Code, is amended by striking ‘‘December 31, is amended to read as follows: (f) SECRETARY CONCERNED DEFINED.—In 2007’’ and inserting ‘‘December 31, 2008’’. ‘‘§ 305. Special pay: hardship duty pay this section, the term ‘‘Secretary concerned’’ (b) NUCLEAR CAREER ACCESSION BONUS.— ‘‘(a) SPECIAL PAY AUTHORIZED.—A member has the meaning given that term in section Section 312b(c) of such title is amended by of a uniformed service who is entitled to 101(5) of title 37, United States Code. striking ‘‘December 31, 2007’’ and inserting ‘‘December 31, 2008’’. basic pay may be paid special pay under this SEC. 611. EXTENSION OF CERTAIN BONUS AND section while the member is performing duty SPECIAL PAY AUTHORITIES FOR RE- (c) NUCLEAR CAREER ANNUAL INCENTIVE SERVE FORCES. BONUS.—Section 312c(d) of such title is that is designated by the Secretary of De- fense as hardship duty. (a) SELECTED RESERVE REENLISTMENT amended by striking ‘‘December 31, 2007’’ and ‘‘(b) PAYMENT ON MONTHLY OR LUMP SUM BONUS.—Section 308b(g) of title 37, United inserting ‘‘December 31, 2008’’. BASIS.—Special pay payable under this sec- States Code, is amended by striking ‘‘Decem- SEC. 614. EXTENSION OF AUTHORITIES RELAT- ber 31, 2007’’ and inserting ‘‘December 31, ING TO PAYMENT OF OTHER BO- tion may be paid on a monthly basis or in a 2008’’. NUSES AND SPECIAL PAYS. lump sum. (b) SELECTED RESERVE AFFILIATION OR EN- (a) AVIATION OFFICER RETENTION BONUS.— ‘‘(c) MAXIMUM RATE OR AMOUNT.—(1) The LISTMENT BONUS.—Section 308c(i) of such Section 301b(a) of title 37, United States monthly rate of special pay payable to a title is amended by striking ‘‘December 31, Code, is amended by striking ‘‘December 31, member under this section may not exceed 2007’’ and inserting ‘‘December 31, 2008’’. 2007’’ and inserting ‘‘December 31, 2008’’. $1,500. (c) SPECIAL PAY FOR ENLISTED MEMBERS (b) REENLISTMENT BONUS FOR ACTIVE MEM- ‘‘(2) The amount of the lump sum payment ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.— BERS.—Section 308(g) of such title is amend- of special pay payable to a member under Section 308d(c) of such title is amended by ed by striking ‘‘December 31, 2007’’ and in- this section may not exceed the product of— striking ‘‘December 31, 2007’’ and inserting serting ‘‘December 31, 2008’’. ‘‘(A) the maximum monthly rate in effect ‘‘December 31, 2008’’. (c) ENLISTMENT BONUS.—Section 309(e) of under paragraph (1) at the time the member (d) READY RESERVE ENLISTMENT BONUS FOR such title is amended by striking ‘‘December qualifies for payment of special pay under PERSONS WITHOUT PRIOR SERVICE.—Section 31, 2007’’ and inserting ‘‘December 31, 2008’’. this section; and 308g(f)(2) of such title is amended by striking (d) RETENTION BONUS FOR MEMBERS WITH ‘‘(B) the number of months during which ‘‘December 31, 2007’’ and inserting ‘‘Decem- CRITICAL MILITARY SKILLS OR ASSIGNED TO the member will be performing the des- ber 31, 2008’’. HIGH PRIORITY UNITS.—Section 323(i) of such ignated hardship duty. (e) READY RESERVE ENLISTMENT AND REEN- title is amended by striking ‘‘December 31, ‘‘(d) RELATIONSHIP TO OTHER PAY AND AL- LISTMENT BONUS FOR PERSONS WITH PRIOR 2007’’ and inserting ‘‘December 31, 2008’’. LOWANCES.—Special pay paid to a member SERVICE.—Section 308h(e) of such title is (e) ACCESSION BONUS FOR NEW OFFICERS IN under this section is in addition to any other amended by striking ‘‘December 31, 2007’’ and CRITICAL SKILLS.—Section 324(g) of such title pay and allowances to which the member is inserting ‘‘December 31, 2008’’. is amended by striking ‘‘December 31, 2007’’ entitled. (f) SELECTED RESERVE ENLISTMENT BONUS and inserting ‘‘December 31, 2008’’. ‘‘(e) REPAYMENT.—A member who is paid FOR PERSONS WITH PRIOR SERVICE.—Section (f) INCENTIVE BONUS FOR CONVERSION TO special pay in a lump sum under this section, 308i(f) of such title is amended by striking MILITARY OCCUPATIONAL SPECIALTY TO EASE but who fails to perform the designated hard- ‘‘December 31, 2007’’ and inserting ‘‘Decem- PERSONNEL SHORTAGE.—Section 326(g) of ship duty during the months included in the ber 31, 2008’’. such title is amended by striking ‘‘December calculation of the amount of the lump sum SEC. 612. EXTENSION OF CERTAIN BONUS AND 31, 2007’’ and inserting ‘‘December 31, 2008’’. under subsection (c)(2), shall be subject to SPECIAL PAY AUTHORITIES FOR (g) ACCESSION BONUS FOR OFFICER CAN- the repayment provisions of section 303a(e) HEALTH CARE PROFESSIONALS. DIDATES.—Section 330(f) of such title is of this title. (a) NURSE OFFICER CANDIDATE ACCESSION amended by striking ‘‘December 31, 2007’’ and ‘‘(f) REGULATIONS.—The Secretary of De- PROGRAM.—Section 2130a(a)(1) of title 10, inserting ‘‘December 31, 2008’’. fense shall prescribe regulations for the pay- United States Code, is amended by striking (h) PROHIBITION ON CHARGES FOR MEALS RE- ment of hardship duty pay under this sec- ‘‘December 31, 2007’’ and inserting ‘‘Decem- CEIVED AT MILITARY TREATMENT FACILITIES tion, including the specific monthly rates at ber 31, 2008’’. BY MEMBERS RECEIVING CONTINUOUS CARE.— which the special pay will be available.’’. (b) REPAYMENT OF EDUCATION LOANS FOR Section 402(h)(3) of such title is amended by SEC. 618. DEFINITION OF SEA DUTY FOR CAREER CERTAIN HEALTH PROFESSIONALS WHO SERVE striking ‘‘December 31, 2007’’ and inserting SEA PAY TO INCLUDE SERVICE AS IN THE SELECTED RESERVE.—Section 16302(d) ‘‘December 31, 2008’’. OFF-CYCLE CREWMEMBERS OF MULTI-CREW SHIPS. of such title is amended by striking ‘‘Janu- SEC. 615. INCREASE IN INCENTIVE SPECIAL PAY ary 1, 2008’’ and inserting ‘‘January 1, 2009’’. AND MULTIYEAR RETENTION BONUS Section 305a(e)(1)(A) of title 37, United (c) ACCESSION BONUS FOR REGISTERED FOR MEDICAL OFFICERS. States Code, is amended— NURSES.—Section 302d(a)(1) of title 37, (a) INCENTIVE SPECIAL PAY.—Section (1) by striking ‘‘or’’ at the end of clause United States Code, is amended by striking 302(b)(1) of title 37, United States Code, is (ii); and ‘‘December 31, 2007’’ and inserting ‘‘Decem- amended by striking ‘‘$50,000’’ and inserting (2) by adding at the end the following new ber 31, 2008’’. ‘‘$75,000’’. clause: (d) INCENTIVE SPECIAL PAY FOR NURSE AN- (b) MULTIYEAR RETENTION BONUS.—Section ‘‘(iv) while serving as an off-cycle crew- ESTHETISTS.—Section 302e(a)(1) of such title 301d(a)(2) of title 37, United States Code, is member of a multi-crewed ship; or’’. is amended by striking ‘‘December 31, 2007’’ amended by striking ‘‘$50,000’’ and inserting SEC. 619. REENLISTMENT BONUS FOR MEMBERS and inserting ‘‘December 31, 2008’’. ‘‘$75,000’’. OF THE SELECTED RESERVE. (e) SPECIAL PAY FOR SELECTED RESERVE (c) EFFECTIVE DATE.—The amendments (a) MINIMUM TERM OF REENLISTMENT OR EN- HEALTH PROFESSIONALS IN CRITICALLY SHORT made by this section shall apply with respect LISTMENT EXTENSION.—Subsection (a)(2) of

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.056 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H123 308b of title 37, United States Code, is ‘‘§ 2128. Accession bonus for members of the Reserve for travel expenses for travel to an amended by striking ‘‘his enlistment for a program inactive duty training location to perform period of three years or for a period of six ‘‘(a) AVAILABILITY OF BONUS.—The Sec- inactive duty training when the member is years’’ and inserting ‘‘an enlistment for a pe- retary of Defense may offer a person who en- required to commute a distance from the riod of at least three years’’. ters into an agreement under section member’s permanent residence to the inac- (b) MAXIMUM BONUS AMOUNT.—Subsection 2122(a)(2) of this title an accession bonus of tive duty training location that is outside (b)(1) of such section is amended by striking not more than $20,000 as part of the agree- the normal commuting distance (as deter- ‘‘may not exceed’’ and all that follows ment. mined under the regulations prescribed through the end of the paragraph and insert- ‘‘(b) RELATION TO OTHER PAYMENTS.—An under subsection (d)) for that commute. ing ‘‘may not exceed $15,000.’’. accession bonus paid a person under this sec- ‘‘(b) ELIGIBLE MEMBERS.—To be eligible for (c) CONFORMING AMENDMENTS REGARDING tion is in addition to any other amounts pay- reimbursement under subsection (a), a mem- ELIGIBILITY REQUIREMENTS.—Subsection (c) able to the person under this subchapter. ber of the Selected Reserve of the Ready Re- of such section is amended— ‘‘(c) REPAYMENT.—A person who receives serve must be— (1) by striking the subsection heading and an accession bonus under this section, but ‘‘(1) qualified in a skill designated as criti- all that follows through ‘‘(2) In the case’’ and fails to comply with the agreement under cally short by the Secretary concerned; inserting ‘‘WAIVER OF CONDITION ON ELIGI- section 2122(a)(2) of this title or to com- ‘‘(2) assigned to a unit of the Selected Re- BILITY.—In the case’’; and mence or complete the active duty obliga- serve with a critical manpower shortage or (2) by striking ‘‘paragraph (1)(B) or’’. tion imposed by section 2123 of this title, in a pay grade in the member’s reserve com- (d) EFFECTIVE DATE.—The amendments shall be subject to the repayment provisions ponent with a critical manpower shortage; or made by this section shall apply with respect of section 303a(e) of title 37.’’. ‘‘(3) assigned to a unit or position that is to reenlistments or extensions of enlistment (b) CLERICAL AMENDMENT.—The table of disestablished or relocated as a result of de- that occur on or after the date of the enact- sections at the beginning of such subchapter fense base closure or realignment or another ment of this Act. is amended by adding at the end the fol- force structure reallocation. SEC. 620. AVAILABILITY OF SELECTED RESERVE lowing new item: ‘‘(c) MAXIMUM REIMBURSEMENT AMOUNT.— ACCESSION BONUS FOR PERSONS The amount of reimbursement provided a ‘‘2128. Accession bonus for members of the WHO PREVIOUSLY SERVED IN THE member under subsection (a) for each round ARMED FORCES FOR A SHORT PE- program.’’. RIOD. trip to a training location may not exceed (c) EFFECTIVE DATE.—The amendment $300. Section 308c(c)(1) of title 37, United States made by subsection (a) shall apply with re- Code, is amended by inserting before the ‘‘(d) REGULATIONS.—The Secretary con- spect to agreements entered into under sec- cerned shall prescribe regulations to carry semicolon the following: ‘‘or has served in tion 2122(a)(2) of title 10, United States Code, the armed forces, but was released from such out this section. Regulations prescribed by on or after the date of the enactment of this the Secretary of a military department shall service before completing the basic training Act. requirements of the armed force of which the be subject to the approval of the Secretary of person was a member and the service was SEC. 624. PAYMENT OF ASSIGNMENT INCENTIVE Defense. PAY FOR RESERVE MEMBERS SERV- characterized as either honorable or ‘‘(e) TERMINATION.—No reimbursement may ING IN COMBAT ZONE FOR MORE be provided under this section for travel that uncharacterized’’. THAN 22 MONTHS. occurs after December 31, 2010.’’. SEC. 621. AVAILABILITY OF NUCLEAR OFFICER (a) PAYMENT.—The Secretary of a military CONTINUATION PAY FOR OFFICERS (2) CLERICAL AMENDMENT.—The table of department may pay assignment incentive sections at the beginning of chapter 7 of such WITH MORE THAN 26 YEARS OF COM- pay under section 307a of title 37, United MISSIONED SERVICE. title is amended by inserting after the item States Code, to a member of a reserve com- (a) INCREASE.—Section 312 of title 37, relating to section 408 the following new ponent under the jurisdiction of the Sec- United States Code, is amended— item: retary for each month during the eligibility (1) in subsection (a)(3), by striking ‘‘26 period of the member determined under sub- ‘‘408a. Travel and transportation allowances: years’’ and inserting ‘‘30 years’’; and section (b) during which the member served inactive duty training outside (2) in subsection (e)(1), by striking ‘‘the for any portion of the month in a combat of normal commuting dis- end of 26 years of commissioned service’’ and zone associated with Operating Enduring tances.’’. inserting ‘‘the maximum number of years of Freedom or Operation Iraqi Freedom in ex- (b) APPLICATION OF AMENDMENT.—No reim- commissioned service authorized by sub- cess of 22 months of qualifying service. bursement may be provided under section section (a)(3)’’. LIGIBILITY ERIOD 408a of title 37, United States Code, as added (b) EFFECT ON EXISTING AGREEMENTS.—The (b) E P .—The eligibility pe- by subsection (a), for travel costs incurred Secretary of the Navy and an officer of the riod for a member extends from January 1, before the date of the enactment of this Act. naval service who is a party to an agreement 2005, through the end of the active duty serv- under section 312 of title 37, United States ice of the member in a combat zone associ- SEC. 632. SURVIVORS OF DECEASED MEMBERS Code, that was entered into before the date ated with Operating Enduring Freedom or ELIGIBLE FOR TRANSPORTATION TO ATTEND BURIAL CEREMONIES. of the enactment of this Act may revise the Operation Iraqi Freedom if the service on ac- (a) ELIGIBLE RELATIVES.—Paragraph (1) of agreement to reflect the new limitation on tive duty during the member’s most recent section 411f(c) of title 37, United States Code, the number of years of commissioned service period of mobilization to active duty began is amended— that the officer may serve while remaining before January 19, 2007. (1) by striking subparagraph (B) and insert- eligible for special pay under such section. (c) AMOUNT OF PAYMENT.—The monthly rate of incentive pay payable to a member ing the following new subparagraph: SEC. 622. WAIVER OF YEARS-OF-SERVICE LIMITA- ‘‘(B) The child or children of the deceased TION ON RECEIPT OF CRITICAL under this section is $1,000. SKILLS RETENTION BONUS. (d) QUALIFYING SERVICE.—For purposes of member (including stepchildren, adopted Section 323(e) of title 37, United States this section, qualifying service includes cu- children, and illegitimate children).’’; and Code, is amended by adding at the end the mulative mobilized service on active duty (2) by adding at the end the following new following new paragraph: under sections 12301(d), 12302, and 12304 of subparagraphs: ‘‘(4) The Secretary of Defense, or the Sec- title 10, United States Code, during the pe- ‘‘(D) The sibling or siblings of the deceased retary of Homeland Security with respect to riod beginning on January 1, 2003, through member. the Coast Guard when it is not operating as the end of the member’s active duty service ‘‘(E) The person who directs the disposition a service in the Navy, may waive the limita- during the member’s most recent period of of the remains of the deceased member under tions in paragraph (1) with respect to a mem- mobilization to active duty beginning before section 1482(c) of title 10 or, in the case of a ber who, during the period of active duty or January 19, 2007. deceased member whose remains are com- service in an active status in a reserve com- Subtitle C—Travel and Transportation mingled and buried in a common grave in a ponent for which the bonus is being offered, Allowances national cemetery, the person who would is assigned duties in a skill designated as have been designated under such section to SEC. 631. PAYMENT OF INACTIVE DUTY TRAINING critical under subsection (b)(1). The author- direct the disposition of the remains if indi- TRAVEL COSTS FOR CERTAIN SE- vidual identification had been made.’’. ity to grant a waiver under this paragraph LECTED RESERVE MEMBERS. (b) OTHER PERSONS.—Paragraph (2) of such may not be delegated below the Under Sec- (a) PAYMENT OF TRAVEL COSTS AUTHOR- section is amended to read as follows: retary of Defense for Personnel and Readi- IZED.— ‘‘(2) If no person described in subpara- ness or the Deputy Secretary of the Depart- (1) IN GENERAL.—Chapter 7 of title 37, graphs (A) through (D) of paragraph (1) is ment of Homeland Security.’’. United States Code, is amended by inserting provided travel and transportation allow- SEC. 623. ACCESSION BONUS FOR PARTICIPANTS after section 408 the following new section: IN THE ARMED FORCES HEALTH ances under subsection (a)(1), the travel and PROFESSIONS SCHOLARSHIP AND ‘‘§ 408a. Travel and transportation allow- transportation allowances may be provided FINANCIAL ASSISTANCE PROGRAM. ances: inactive duty training outside of to one or two other persons who are closely (a) ACCESSION BONUS AUTHORIZED.—Sub- normal commuting distances related to the deceased member and are se- chapter I of chapter 105 of title 10, United ‘‘(a) ALLOWANCE AUTHORIZED.—The Sec- lected by the person referred to in paragraph States Code, is amended by adding at the end retary concerned may reimburse an eligible (1)(E). A person provided travel and transpor- the following new section: member of the Selected Reserve of the Ready tation allowances under this paragraph is in

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.056 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H124 CONGRESSIONAL RECORD — HOUSE January 16, 2008 addition to the person referred to in para- Training Corps instructor for moving ex- for a 100 percent disability by reason of a de- graph (1)(E).’’. penses incurred by the instructor to accept termination of individual unemployability.’’. SEC. 633. ALLOWANCE FOR PARTICIPATION OF employment at the institution in a position (b) EFFECTIVE DATE.— RESERVES IN ELECTRONIC SCREEN- that the Secretary concerned determines is (1) IN GENERAL.—Subject to paragraph (2), ING. hard-to-fill for geographic or economic rea- the amendment made by subsection (a) shall (a) ALLOWANCE FOR PARTICIPATION IN ELEC- sons. take effect as of December 31, 2004. TRONIC SCREENING.— ‘‘(2) As a condition on providing reimburse- (2) TIMING OF PAYMENT OF RETROACTIVE (1) IN GENERAL.—Chapter 7 of title 37, ment under paragraph (1), the institution BENEFITS.—Any amount payable for a period United States Code, is amended by inserting shall require the instructor to execute a before October 1, 2008, by reason of the after section 433 the following new section: written agreement to serve a minimum of amendment made by subsection (a) shall not ‘‘§ 433a. Allowance for participation in Ready two years of employment at the institution be paid until after that date. Reserve screening in the hard-to-fill position. SEC. 643. RECOUPMENT OF ANNUITY AMOUNTS ‘‘(3) Any reimbursement provided to an in- PREVIOUSLY PAID, BUT SUBJECT TO ‘‘(a) ALLOWANCE AUTHORIZED.—(1) Under structor under paragraph (1) is in addition to OFFSET FOR DEPENDENCY AND IN- regulations prescribed by the Secretaries the minimum instructor pay otherwise pay- DEMNITY COMPENSATION. concerned, a member of the Individual Ready able to the instructor. (a) LIMITATION ON RECOUPMENT; NOTIFICA- Reserve may be paid a stipend for participa- ‘‘(4) The Secretary concerned shall reim- TION REQUIREMENTS.—Section 1450(c) of title tion in the screening performed pursuant to burse an institution providing reimburse- 10, United States Code, is amended by adding section 10149 of title 10, in lieu of muster ment to an instructor under paragraph (1) in at the end the following new paragraph: duty performed under section 12319 of title an amount equal to the amount of the reim- ‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET 10, if such participation is conducted through bursement paid by the institution under that AMOUNT.—Any amount subject to offset electronic means. paragraph. Any reimbursement provided by under this subsection that was previously ‘‘(2) The stipend paid a member under this the Secretary concerned shall be provided paid to the surviving spouse or former spouse section shall constitute the sole monetary from funds appropriated for that purpose. shall be recouped only to the extent that the allowance authorized for participation in the ‘‘(5) The provision of reimbursement under amount paid exceeds any amount to be re- screening described in paragraph (1), and paragraph (1) or (4) shall be subject to regu- funded under subsection (e). In notifying a shall constitute payment in full to the mem- lations prescribed by the Secretary of De- surviving spouse or former spouse of the ber for participation in such screening, re- fense for purposes of this subsection.’’. recoupment requirement, the Secretary shall gardless of the grade or rank in which the provide the spouse or former spouse— member is serving. Subtitle D—Retired Pay and Survivor ‘‘(A) a single notice of the net amount to ‘‘(b) MAXIMUM PAYMENT.—The aggregate Benefits be recouped or the net amount to be re- amount of the stipend paid a member of the SEC. 641. EXPANSION OF COMBAT-RELATED SPE- funded, as applicable, under this subsection Individual Ready Reserve under this section CIAL COMPENSATION ELIGIBILITY. or subsection (e); in any calendar year may not exceed $50. (a) EXPANDED ELIGIBILITY FOR CHAPTER 61 ‘‘(B) a written explanation of the statutory ‘‘(c) PAYMENT REQUIREMENTS.—(1) The sti- MILITARY RETIREES.—Subsection (c) of sec- requirements for recoupment of the offset pend authorized by this section may not be tion 1413a of title 10, United States Code, is amount and for refund of any applicable disbursed in kind. amended by striking ‘‘entitled to retired pay amount deducted from retired pay; ‘‘(2) Payment of a stipend to a member of who—’’ and all that follows and inserting ‘‘(C) a detailed accounting of how the off- the Individual Ready Reserve under this sec- ‘‘who— set amount being recouped and retired pay tion for participation in screening shall be ‘‘(1) is entitled to retired pay (other than deduction amount being refunded were cal- made on or after the date of participation in by reason of section 12731b of this title); and culated; and such screening, but not later than 30 days ‘‘(2) has a combat-related disability.’’. ‘‘(D) contact information for a person who after such date.’’. (b) COMPUTATION.—Paragraph (3) of sub- can provide information about the offset (2) CLERICAL AMENDMENT.—The table of section (b) of such section is amended— recoupment and retired pay deduction refund sections at the beginning of chapter 7 of such (1) by striking ‘‘In the case of’’ and insert- processes and answer questions the surviving title is amended by inserting after the item ing the following: spouse or former spouse may have about the relating to section 433 the following new ‘‘(A) GENERAL RULE.—In the case of’’; and requirements, processes, or amounts.’’. item: (2) by adding at the end the following new subparagraph: (b) APPLICATION.—Paragraph (3) of sub- ‘‘433a. Allowance for participation in Ready section (c) of section 1450 of title 10, United Reserve screening.’’. ‘‘(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20 YEARS OF SERVICE.—In the States Code, as added by subsection (a), shall (b) BAR TO DUAL COMPENSATION.—Section case of an eligible combat-related disabled apply with respect to the recoupment on or 206 of such title is amended by adding at the uniformed services retiree who is retired after April 1, 2008, of amounts subject to off- end the following new subsection: under chapter 61 of this title with fewer than set under such subsection. ‘‘(f) A member of the Individual Ready Re- 20 years of creditable service, the amount of SEC. 644. SPECIAL SURVIVOR INDEMNITY ALLOW- serve is not entitled to compensation under the payment under paragraph (1) for any ANCE FOR PERSONS AFFECTED BY this section for participation in screening for month shall be reduced by the amount (if REQUIRED SURVIVOR BENEFIT PLAN ANNUITY OFFSET FOR DE- which the member is paid a stipend under any) by which the amount of the member’s section 433a of this title.’’. PENDENCY AND INDEMNITY COM- retired pay under chapter 61 of this title ex- PENSATION. (c) BAR TO RETIREMENT CREDIT.—Section ceeds the amount equal to 21⁄2 percent of the 12732(b) of title 10, United States Code, is Section 1450 of title 10, United States Code, member’s years of creditable service multi- is amended by adding at the end the fol- amended by adding at the end the following plied by the member’s retired pay base under new paragraph: lowing new subsection: section 1406(b)(1) or 1407 of this title, which- ‘‘(m) SPECIAL SURVIVOR INDEMNITY ALLOW- ‘‘(8) Service in the screening performed ever is applicable to the member.’’. pursuant to section 10149 of this title ANCE.— (c) EFFECTIVE DATE.—The amendments ‘‘(1) PROVISION OF ALLOWANCE.—The Sec- through electronic means, regardless of made by this section shall take effect on whether or not a stipend is paid the member retary concerned shall pay a monthly special January 1, 2008, and shall apply to payments survivor indemnity allowance under this concerned for such service under section 433a for months beginning on or after that date. of title 37.’’. subsection to the surviving spouse or former SEC. 642. INCLUSION OF VETERANS WITH SERV- spouse of a member of the uniformed serv- SEC. 634. ALLOWANCE FOR CIVILIAN CLOTHING ICE-CONNECTED DISABILITIES FOR MEMBERS OF THE ARMED ices to whom section 1448 of this title applies RATED AS TOTAL BY REASON OF if— FORCES TRAVELING IN CONNEC- UNEMPLOYABILITY UNDER TERMI- TION WITH MEDICAL EVACUATION. NATION OF PHASE-IN OF CONCUR- ‘‘(A) the surviving spouse or former spouse Section 1047(a) of title 10, United States RENT RECEIPT OF RETIRED PAY is entitled to dependency and indemnity Code, is amended by inserting ‘‘and luggage’’ AND VETERANS’ DISABILITY COM- compensation under section 1311(a) of title after ‘‘civilian clothing’’ both places it ap- PENSATION. 38; pears. (a) INCLUSION OF VETERANS.—Section ‘‘(B) except for subsection (c) of this sec- SEC. 635. PAYMENT OF MOVING EXPENSES FOR 1414(a)(1) of title 10, United States Code, is tion, the surviving spouse or former spouse JUNIOR RESERVE OFFICERS’ TRAIN- amended by striking ‘‘except that’’ and all is eligible for an annuity by reason of a par- ING CORPS INSTRUCTORS IN HARD- that follows and inserting ‘‘except that pay- ticipant in the Plan under section 1448(a)(1) TO-FILL POSITIONS. ment of retired pay is subject to subsection of this title; and Section 2031 of title 10, United States Code, (c) only during the period beginning on Janu- ‘‘(C) the eligibility of the surviving spouse is amended by adding at the end the fol- ary 1, 2004, and ending on December 31, 2004, or former spouse for an annuity as described lowing new subsection: in the case of the following: in subparagraph (B) is affected by subsection ‘‘(f)(1) When determined by the Secretary ‘‘(A) A qualified retiree receiving veterans’ (c) of this section. of the military department concerned to be disability compensation for a disability ‘‘(2) AMOUNT OF PAYMENT.—Subject to para- in the national interest and agreed upon by rated as 100 percent. graph (3), the amount of the allowance paid the institution concerned, the institution ‘‘(B) A qualified retiree receiving veterans’ to an eligible survivor under paragraph (1) may reimburse a Junior Reserve Officers’ disability compensation at the rate payable for a month shall be equal to—

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.056 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H125 ‘‘(A) for months during fiscal year 2009, $50; ‘‘(4) If there is none of the above, to the ‘‘(1) has attained the eligibility age appli- ‘‘(B) for months during fiscal year 2010, $60; duly-appointed executor or administrator of cable under subsection (f) to that person;’’; ‘‘(C) for months during fiscal year 2011, $70; the estate of the person. and ‘‘(D) for months during fiscal year 2012, $80; ‘‘(5) If there is none of the above, to other (2) by adding at the end the following new ‘‘(E) for months during fiscal year 2013, $90; next of kin of the person entitled under the subsection: and laws of domicile of the person at the time of ‘‘(f)(1) Subject to paragraph (2), the eligi- ‘‘(F) for months after fiscal year 2013, $100. the person’s death. bility age for purposes of subsection (a)(1) is ‘‘(3) LIMITATION.—The amount of the allow- ‘‘(c) TREATMENT OF PARENTS.—For pur- 60 years of age. ance paid to an eligible survivor under para- poses of subsection (b)(3), parents include fa- ‘‘(2)(A) In the case of a person who as a graph (1) for any month may not exceed the thers and mothers through adoption. How- member of the Ready Reserve serves on ac- amount of the annuity for that month that ever, only one father and one mother may be tive duty or performs active service de- is subject to offset under subsection (c). recognized in any case, and preference shall scribed in subparagraph (B) after the date of ‘‘(4) STATUS OF PAYMENTS.—An allowance be given to those who exercised a parental the enactment of the National Defense Au- paid under this subsection does not con- relationship on the date, or most nearly be- thorization Act for Fiscal Year 2008, the eli- stitute an annuity, and amounts so paid are fore the date, on which the decedent entered gibility age for purposes of subsection (a)(1) not subject to adjustment under any other a status described in section 1475 or 1476 of shall be reduced below 60 years of age by provision of law. this title.’’. three months for each aggregate of 90 days ‘‘(5) SOURCE OF FUNDS.—The special sur- (b) CLERICAL AND CONFORMING AMEND- on which such person so performs in any fis- vivor indemnity allowance shall be paid from MENTS.—Subsection (e) of such section is cal year after such date, subject to subpara- amounts in the Department of Defense Mili- amended— graph (C). A day of duty may be included in tary Retirement Fund established under sec- (1) by inserting ‘‘EFFECT OF DEATH BEFORE only one aggregate of 90 days for purposes of tion 1461 of this title. RECEIPT OF GRATUITY.—’’ after ‘‘(e)’’; this subparagraph. ‘‘(6) EFFECTIVE DATE AND DURATION.—This (2) by striking ‘‘subsection (a) or (d)’’ and ‘‘(B)(i) Service on active duty described in subsection shall only apply with respect to inserting ‘‘subsection (a) or (b)’’; and this subparagraph is service on active duty the month beginning on October 1, 2008, and (3) by striking ‘‘subsection (a).’’ and insert- pursuant to a call or order to active duty subsequent months through the month end- ing ‘‘subsection (b)’’. under a provision of law referred to in sec- ing on February 28, 2016. Effective on March (c) EXISTING DESIGNATION AUTHORITY.—The tion 101(a)(13)(B) or under section 12301(d) of 1, 2016, the authority provided by this sub- authority provided by subsection (d) of sec- this title. Such service does not include serv- section shall terminate. No special survivor tion 1477 of title 10, United States Code, as in ice on active duty pursuant to a call or order indemnity allowance may be paid to any per- effect on the day before the date of the en- to active duty under section 12310 of this son by reason of this subsection for any pe- actment of this Act, shall remain available title. riod before October 1, 2008, or beginning on to persons covered by section 1475 or 1476 of ‘‘(ii) Active service described in this sub- or after March 1, 2016.’’. such title until July 1, 2008, or such earlier paragraph is also service under a call to ac- SEC. 645. MODIFICATION OF AUTHORITY OF MEM- date as the Secretary of Defense may pre- tive service authorized by the President or BERS OF THE ARMED FORCES TO scribe, and any designation under such sub- the Secretary of Defense under section 502(f) DESIGNATE RECIPIENTS FOR PAY- section made before July 1, 2008, or the ear- of title 32 for purposes of responding to a na- MENT OF DEATH GRATUITY. lier date prescribed by the Secretary, shall tional emergency declared by the President (a) AUTHORITY TO DESIGNATE RECIPIENTS.— continue in effect until such time as the per- or supported by Federal funds. Section 1477 of title 10, United States Code, son who made the designation makes a new ‘‘(C) The eligibility age for purposes of sub- is amended— designation under such section 1477, as section (a)(1) may not be reduced below 50 (1) by striking subsections (c) and (d); amended by subsection (a) of this section. years of age for any person under subpara- (2) by redesignating subsection (b) as sub- (d) REGULATIONS.— graph (A).’’. section (d) and, in such subsection, by strik- (1) IN GENERAL.—Not later than April 1, (b) CONTINUATION OF AGE 60 AS MINIMUM ing ‘‘Subsection (a)(2)’’ and inserting 2008, the Secretary of Defense shall prescribe AGE FOR ELIGIBILITY OF NON-REGULAR SERV- ‘‘TREATMENT OF CHILDREN.—Subsection regulations to implement the amendments ICE RETIREES FOR HEALTH CARE.—Section (b)(2)’’; and to section 1477 of title 10, United States 1074(b) of such title is amended— (3) by striking subsection (a) and inserting Code, made by subsection (a). (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and the following new subsections: (2) ELEMENTS.—The regulations required (2) by adding at the end the following new ‘‘(a) DESIGNATION OF RECIPIENTS.—(1) On by paragraph (1) shall include forms for the paragraph: and after July 1, 2008, or such earlier date as making of the designation contemplated by ‘‘(2) Paragraph (1) does not apply to a the Secretary of Defense may prescribe, a subsection (a) of section 1477 of title 10, member or former member entitled to re- person covered by section 1475 or 1476 of this United States Code, as amended by sub- tired pay for non-regular service under chap- title may designate one or more persons to section (a) of this section, and instructions ter 1223 of this title who is under 60 years of receive all or a portion of the amount pay- for members of the Armed Forces in the fill- age.’’. able under section 1478 of this title. The des- ing out of such forms. (c) ADMINISTRATION OF RELATED PROVISIONS ignation of a person to receive a portion of OF LAW OR POLICY.—With respect to any pro- the amount shall indicate the percentage of SEC. 646. CLARIFICATION OF APPLICATION OF RETIRED PAY MULTIPLIER PER- vision of law, or of any policy, regulation, or the amount, to be specified only in 10 per- CENTAGE TO MEMBERS OF THE UNI- directive of the executive branch that refers cent increments, that the designated person FORMED SERVICES WITH OVER 30 to a member or former member of the uni- may receive. The balance of the amount of YEARS OF SERVICE. formed services as being eligible for, or enti- the death gratuity, if any, shall be paid in (a) COMPUTATION OF RETIRED AND RETAINER accordance with subsection (b). tled to, retired pay under chapter 1223 of PAY FOR MEMBERS OF NAVAL SERVICE.—The title 10, United States Code, but for the fact ‘‘(2) If a person covered by section 1475 or table in section 6333(a) of title 10, United 1476 of this title has a spouse, but designates that the member or former member is under States Code, is amended in Column 2 of For- 60 years of age, such provision shall be car- a person other than the spouse to receive all mula A by striking ‘‘75 percent.’’ and insert- or a portion of the amount payable under ried out with respect to that member or ing ‘‘Retired pay multiplier prescribed under former member by substituting for the ref- section 1478 of this title, the Secretary con- section 1409 for the years of service that may cerned shall provide notice of the designa- erence to being 60 years of age a reference to be credited to the member under section tion to the spouse. having attained the eligibility age applicable 1405.’’. ‘‘(b) DISTRIBUTION OF REMAINDER; DISTRIBU- under subsection (f) of section 12731 of title (b) RETIRED PAY FOR CERTAIN MEMBERS RE- TION IN ABSENCE OF DESIGNATED RECIPIENT.— 10, United States Code (as added by sub- CALLED TO ACTIVE DUTY.—The table in sec- If a person covered by section 1475 or 1476 of section (a)), to such member or former mem- tion 1402(a) of such title is amended by strik- this title does not make a designation under ber for qualification for such retired pay ing Column 3. subsection (a) or designates only a portion of under subsection (a) of such section. (c) EFFECTIVE DATE.—The amendments the amount payable under section 1478 of made by subsections (a) and (b) shall take ef- SEC. 648. COMPUTATION OF YEARS OF SERVICE this title, the amount of the death gratuity fect as of January 1, 2007, and shall apply FOR PURPOSES OF RETIRED PAY not covered by a designation shall be paid as FOR NON-REGULAR SERVICE. follows: with respect to retired pay and retainer pay Section 12733(3) of title 10, United States ‘‘(1) To the surviving spouse of the person, payable on or after that date. Code, is amended— if any. SEC. 647. COMMENCEMENT OF RECEIPT OF NON- (1) in subparagraph (B), by striking ‘‘and’’ REGULAR SERVICE RETIRED PAY BY ‘‘(2) If there is no surviving spouse, to any MEMBERS OF THE READY RESERVE at the end; surviving children (as prescribed by sub- ON ACTIVE FEDERAL STATUS OR AC- (2) in subparagraph (C), by striking the pe- section (d)) of the person and the descend- TIVE DUTY FOR SIGNIFICANT PERI- riod and inserting ‘‘before the year of service ants of any deceased children by representa- ODS. that includes October 30, 2007; and’’; and tion. (a) REDUCED ELIGIBILITY AGE.—Section (3) by adding at the end the following new ‘‘(3) If there is none of the above, to the 12731 of title 10, United States Code, is subparagraph: surviving parents (as prescribed by sub- amended— ‘‘(D) 130 days in the year of service that in- section (c)) of the person or the survivor of (1) in subsection (a), by striking paragraph cludes October 30, 2007, and in any subse- them. (1) and inserting the following: quent year of service.’’.

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Subtitle E—Commissary and Non- ‘‘(1) enlists in an armed force; ‘‘(h) TERMINATION OF AUTHORITY.—No appropriated Fund Instrumentality Bene- ‘‘(2) enlists in or affiliates with a reserve agreement may be entered into under this fits component of an armed force; section after December 31, 2009. SEC. 651. AUTHORITY TO CONTINUE COM- ‘‘(3) reenlists, voluntarily extends an en- ‘‘§ 332. General bonus authority for officers MISSARY AND EXCHANGE BENEFITS listment, or otherwise agrees to serve— ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The FOR CERTAIN INVOLUNTARILY SEP- ‘‘(A) for a specified period in a designated Secretary concerned may pay a bonus under ARATED MEMBERS OF THE ARMED career field, skill, or unit of an armed force; this section to a person, including an officer FORCES. or in the uniformed services, who— (a) RESUMPTION FOR MEMBERS INVOLUN- ‘‘(B) under other conditions of service in an ‘‘(1) accepts a commission or appointment TARILY SEPARATED FROM ACTIVE DUTY.—Sec- armed force; as an officer in a uniformed service; tion 1146 of title 10, United States Code, is ‘‘(4) transfers from a regular component of ‘‘(2) affiliates with a reserve component of amended— an armed force to a reserve component of a uniformed service; (1) by inserting ‘‘(a) MEMBERS INVOLUN- that same armed force or from a reserve ‘‘(3) agrees to remain on active duty or to TARILY SEPARATED FROM ACTIVE DUTY.—’’ component of an armed force to the regular serve in an active status for a specific period before ‘‘The Secretary of Defense’’; component of that same armed force; or as an officer in a uniformed service; (2) in the first sentence, by striking ‘‘Octo- ‘‘(5) transfers from a regular component or ‘‘(4) transfers from a regular component of ber 1, 1990, and ending on December 31, 2001’’ reserve component of an armed force to a a uniformed service to a reserve component and inserting ‘‘October 1, 2007, and ending on regular component or reserve component of of that same uniformed service or from a re- December 31, 2012’’; and another armed force, subject to the approval serve component of a uniformed service to (3) in the second sentence, by striking ‘‘the of the Secretary with jurisdiction over the the regular component of that same uni- period beginning on October 1, 1994, and end- armed force to which the member is transfer- formed service; or ing on December 31, 2001’’ and inserting ‘‘the ring. ‘‘(5) transfers from a regular component or same period’’. ‘‘(b) SERVICE ELIGIBILITY.—A bonus author- reserve component of a uniformed service to (b) EXTENSION TO MEMBERS INVOLUNTARILY ized by subsection (a) may be paid to a per- a regular component or reserve component of SEPARATED FROM SELECTED RESERVE.—Such son or member only if the person or member another uniformed service, subject to the ap- section is further amended by adding at the agrees under subsection (d)— end the following new subsection: proval of the Secretary with jurisdiction ‘‘(1) to serve for a specified period in a des- ‘‘(b) MEMBERS INVOLUNTARILY SEPARATED over the uniformed service to which the ignated career field, skill, unit, or grade; or FROM SELECTED RESERVE.—The Secretary of member is transferring. Defense shall prescribe regulations to allow ‘‘(2) to meet some other condition or condi- ‘‘(b) SERVICE ELIGIBILITY.—A bonus author- a member of the Selected Reserve of the tions of service imposed by the Secretary ized by subsection (a) may be paid to a per- Ready Reserve who is involuntarily sepa- concerned. son or officer only if the person or officer ‘‘(c) MAXIMUM AMOUNT AND METHOD OF rated from the Selected Reserve as a result agrees under subsection (d)— PAYMENT.— of the exercise of the force shaping authority ‘‘(1) to serve for a specified period in a des- ‘‘(1) MAXIMUM AMOUNT.—The Secretary of the Secretary concerned under section 647 ignated career field, skill, unit, or grade; or concerned shall determine the amount of a of this title or other force shaping authority ‘‘(2) to meet some other condition or condi- bonus to be paid under this section, except during the period beginning on October 1, tions of service imposed by the Secretary that— 2007, and ending on December 31, 2012, to con- concerned. ‘‘(A) a bonus paid under paragraph (1) or (2) tinue to use commissary and exchange stores ‘‘(c) MAXIMUM AMOUNT AND METHOD OF during the two-year period beginning on the of subsection (a) may not exceed $50,000 for a PAYMENT.— date of the involuntary separation of the minimum two-year period of obligated serv- ‘‘(1) MAXIMUM AMOUNT.—The Secretary member in the same manner as a member on ice agreed to under subsection (d); concerned shall determine the amount of a active duty. The Secretary of Homeland Se- ‘‘(B) a bonus paid under paragraph (3) of bonus to be paid under this section, except curity shall implement this provision for subsection (a) may not exceed $30,000 for that— Coast Guard members involuntarily sepa- each year of obligated service in a regular ‘‘(A) a bonus paid under paragraph (1) of rated during the same period.’’. component agreed to under subsection (d); subsection (a) may not exceed $60,000 for a ‘‘(C) a bonus paid under paragraph (3) of SEC. 652. AUTHORIZATION OF INSTALLMENT DE- minimum three-year period of obligated DUCTIONS FROM PAY OF EMPLOY- subsection (a) may not exceed $15,000 for service agreed to under subsection (d); EES OF NONAPPROPRIATED FUND each year of obligated service in a reserve ‘‘(B) a bonus paid under paragraph (2) of INSTRUMENTALITIES TO COLLECT component agreed to under subsection (d); subsection (a) may not exceed $12,000 for a INDEBTEDNESS TO THE UNITED and minimum three-year period of obligated STATES. ‘‘(D) a bonus paid under paragraph (4) or (5) service agreed to under subsection (d); Section 5514 of title 5, United States Code, of subsection (a) may not exceed $10,000. ‘‘(C) a bonus paid under paragraph (3) of is amended— ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus subsection (a) may not exceed $50,000 for (1) in subsection (a)(5), by inserting ‘‘any under this section may be paid in a lump each year of obligated service in a regular nonappropriated fund instrumentality de- sum or in periodic installments, as deter- component agreed to under subsection (d); scribed in section 2105(c) of this title,’’ after mined by the Secretary concerned. ‘‘(D) a bonus paid under paragraph (3) of ‘‘Commission,’’; and ‘‘(3) FIXING BONUS AMOUNT.—Upon accept- subsection (a) may not exceed $12,000 for (2) by adding at the end the following new ance by the Secretary concerned of the writ- each year of obligated service in a reserve subsection: ten agreement required by subsection (d), component agreed to under subsection (d); ‘‘(e) An employee of a nonappropriated the total amount of the bonus to be paid and fund instrumentality described in section under the agreement shall be fixed. ‘‘(E) a bonus paid under paragraph (4) or (5) 2105(c) of this title is deemed an employee ‘‘(d) WRITTEN AGREEMENT.—To receive a of subsection (a) may not exceed $10,000. covered by this section.’’. bonus under this section, a person or mem- ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus Subtitle F—Consolidation of Special Pay, ber determined to be eligible for the bonus under this section may be paid in a lump Incentive Pay, and Bonus Authorities shall enter into a written agreement with sum or in periodic installments, as deter- SEC. 661. CONSOLIDATION OF SPECIAL PAY, IN- the Secretary concerned that specifies— mined by the Secretary concerned. CENTIVE PAY, AND BONUS AUTHORI- ‘‘(1) the amount of the bonus; ‘‘(3) FIXING BONUS AMOUNT.—Upon accept- TIES OF THE UNIFORMED SERVICES. ‘‘(2) the method of payment of the bonus ance by the Secretary concerned of the writ- (a) CONSOLIDATION.—Chapter 5 of title 37, under subsection (c)(2); ten agreement required by subsection (d), United States Code, is amended— ‘‘(3) the period of obligated service; and the total amount of the bonus to be paid (1) by inserting before section 301 the fol- ‘‘(4) the type or conditions of the service. under the agreement shall be fixed. lowing subchapter heading: ‘‘(e) RELATIONSHIP TO OTHER PAY AND AL- ‘‘(d) WRITTEN AGREEMENT.—To receive a ‘‘SUBCHAPTER I—EXISTING SPECIAL LOWANCES.—A bonus paid to a person or bonus under this section, a person or officer PAY, INCENTIVE PAY, AND BONUS AU- member under this section is in addition to determined to be eligible for the bonus shall THORITIES’’; any other pay and allowance to which the enter into a written agreement with the Sec- and person or member is entitled. retary concerned that specifies— ‘‘(f) RELATIONSHIP TO PROHIBITION ON BOUN- (2) by adding at the end the following new ‘‘(1) the amount of the bonus; TIES.—A bonus authorized under this section subchapters: ‘‘(2) the method of payment of the bonus is not a bounty for purposes of section 514(a) ‘‘SUBCHAPTER II—CONSOLIDATION OF under subsection (c)(2); of title 10. ‘‘(3) the period of obligated service; and SPECIAL PAY, INCENTIVE PAY, AND ‘‘(g) REPAYMENT.—A person or member who BONUS AUTHORITIES ‘‘(4) the type or conditions of the service. receives a bonus under this section and who ‘‘(e) RELATIONSHIP TO OTHER PAY AND AL- ‘‘§ 331. General bonus authority for enlisted fails to complete the period of service, or LOWANCES.—The bonus paid to a person or of- members meet the conditions of service, for which the ficer under this section is in addition to any ‘‘(a) AUTHORITY TO PROVIDE BONUS.—The bonus is paid, as specified in the written other pay and allowance to which the person Secretary concerned may pay a bonus under agreement under subsection (d), shall be sub- or officer is entitled. this section to a person, including a member ject to the repayment provisions of section ‘‘(f) REPAYMENT.—A person or officer who of the armed forces, who— 373 of this title. receives a bonus under this section and who

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The period of the new agreement ‘‘(B) an aviation bonus under subsection (b) ‘‘(g) TERMINATION OF AUTHORITY.—No shall be equal to or exceed the remaining may not exceed $25,000 for each 12-month pe- agreement may be entered into under this term of the period of the officer’s existing riod of obligated service agreed to under sub- section after December 31, 2009. agreement. If a new agreement is executed section (d). ‘‘§ 333. Special bonus and incentive pay au- under this paragraph, the existing agreement ‘‘(2) LUMP SUM OR INSTALLMENTS.—A bonus thorities for nuclear officers shall be cancelled, effective on the day be- under this section may be paid in a lump fore an anniversary date of the existing sum or in periodic installments, as deter- ‘‘(a) NUCLEAR OFFICER BONUS.—The Sec- retary of the Navy may pay a nuclear officer agreement occurring after the date on which mined by the Secretary concerned. bonus under this section to a person, includ- the amount to be paid under this paragraph ‘‘(3) FIXING BONUS AMOUNT.—Upon accept- ing an officer in the Navy, who— is increased. ance by the Secretary concerned of the writ- ‘‘(1) is selected for the officer naval nuclear ‘‘(f) RELATIONSHIP TO OTHER PAY AND AL- ten agreement required by subsection (d), power training program in connection with LOWANCES.—A nuclear officer bonus or nu- the total amount of the bonus to be paid the supervision, operation, and maintenance clear officer incentive pay paid to a person under the agreement shall be fixed. or officer under this section is in addition to of naval nuclear propulsion plants and agrees ‘‘(d) WRITTEN AGREEMENT FOR BONUS.—To any other pay and allowance to which the to serve, upon completion of such training, receive an aviation officer bonus under this person or officer is entitled, except that a on active duty in connection with the super- section, an officer determined to be eligible person or officer may not receive a payment vision, operation, and maintenance of naval for the bonus shall enter into a written nuclear propulsion plants; or under this section and section 332 or 353 of this title for the same skill and period of agreement with the Secretary concerned ‘‘(2) has the current technical and oper- that specifies— ational qualification for duty in connection service. ‘‘(g) REPAYMENT.—A person or officer who ‘‘(1) the amount of the bonus; with the supervision, operation, and mainte- receives a nuclear officer bonus or nuclear ‘‘(2) the method of payment of the bonus nance of naval nuclear propulsion plants and officer incentive pay under this section and under subsection (c)(2); agrees to remain on active duty in connec- who fails to complete the officer naval nu- ‘‘(3) the period of obligated service; and tion with the supervision, operation, and clear power training program, maintain re- ‘‘(4) the type or conditions of the service. maintenance of naval nuclear propulsion quired technical and operational qualifica- plants. ‘‘(e) RESERVE COMPONENT OFFICERS PER- tions, complete the period of service, or meet ‘‘(b) NUCLEAR OFFICER INCENTIVE PAY.— FORMING INACTIVE DUTY TRAINING.—A reserve The Secretary of the Navy may pay nuclear the types or conditions of service for which component officer who is entitled to com- officer incentive pay under this section to an the bonus or incentive pay is paid, as speci- pensation under section 206 of this title and officer in the Navy who— fied in the written agreement under sub- who is authorized aviation incentive pay section (e) in the case of a nuclear officer ‘‘(1) is entitled to basic pay under section under this section may be paid an amount of bonus, shall be subject to the repayment pro- 204 of this title; and incentive pay that is proportionate to the visions of section 373 of this title. ‘‘(2) remains on active duty for a specified compensation received under section 206 for ‘‘(h) REGULATIONS.—This section shall be period while maintaining current technical administered under regulations prescribed inactive-duty training. and operational qualifications, as approved by the Secretary of the Navy. by the Secretary, for duty in connection ‘‘(f) RELATIONSHIP TO OTHER PAY AND AL- ‘‘(i) TERMINATION OF AUTHORITY.—No with the supervision, operation, and mainte- LOWANCES.— agreement may be entered into under this nance of naval nuclear propulsion plants. ‘‘(1) AVIATION INCENTIVE PAY.—Aviation in- section after December 31, 2009. ‘‘(c) ADDITIONAL ELIGIBILITY CRITERIA.— centive pay paid to an officer under sub- The Secretary of the Navy may impose such ‘‘§ 334. Special aviation incentive pay and section (a) shall be in addition to any other additional criteria for the receipt of a nu- bonus authorities for officers pay and allowance to which the officer is en- clear officer bonus or nuclear officer incen- ‘‘(a) AVIATION INCENTIVE PAY.—The Sec- titled, except that an officer may not receive tive pay under this section as the Secretary retary concerned may pay aviation incentive a payment under such subsection and section determines to be appropriate. pay under this section to an officer in a reg- 351 or 353 of this title for the same skill and ‘‘(d) MAXIMUM AMOUNT AND METHOD OF ular or reserve component of a uniformed period of service. PAYMENT.— service who— ‘‘(2) AVIATION BONUS.—An aviation bonus ‘‘(1) MAXIMUM AMOUNT.—The Secretary of ‘‘(1) is entitled to basic pay under section paid to an officer under subsection (b) shall the Navy shall determine the amounts of a 204 of this title or compensation under sec- be in addition to any other pay and allow- nuclear officer bonus or nuclear officer in- tion 206 of this title; ance to which the officer is entitled, except centive pay to be paid under this section, ex- ‘‘(2) maintains, or is in training leading to, that an officer may not receive a payment cept that— an aeronautical rating or designation that under such subsection and section 332 or 353 ‘‘(A) a nuclear officer bonus paid under qualifies the officer to engage in operational of this title for the same skill and period of subsection (a) may not exceed $35,000 for flying duty or proficiency flying duty; service. each 12-month period of the agreement under ‘‘(3) engages in, or is in training leading to, ‘‘(g) REPAYMENT.—An officer who receives subsection (e); and frequent and regular performance of oper- aviation incentive pay or an aviation bonus ‘‘(B) the amount of nuclear officer incen- ational flying duty or proficiency flying under this section and who fails to fulfill the tive paid under subsection (b) may not ex- duty; eligibility requirements for the receipt of ceed $25,000 for each 12-month period of ‘‘(4) engages in or remains in aviation serv- the incentive pay or bonus or complete the qualifying service. ice for a specified period; and period of service for which the incentive pay ‘‘(2) LUMP SUM OR INSTALLMENTS.—A nu- ‘‘(5) meets such other criteria as the Sec- or bonus is paid, as specified in the written clear officer bonus or nuclear officer incen- retary concerned determines appropriate. agreement under subsection (d) in the case of tive pay under this section may be paid in a ‘‘(b) AVIATION BONUS.—The Secretary con- a bonus, shall be subject to the repayment lump sum or in periodic installments. cerned may pay an aviation bonus under this provisions of section 373 of this title. ‘‘(3) FIXING BONUS AMOUNT.—Upon accept- section to an officer in a regular or reserve ance by the Secretary concerned of the writ- component of a uniformed service who— ‘‘(h) DEFINITIONS.—In this section: ten agreement required by subsection (e), the ‘‘(1) is entitled to aviation incentive pay ‘‘(1) The term ‘aviation service’ means total amount of the nuclear officer bonus to under subsection (a); service performed by an officer in a regular be paid under the agreement shall be fixed. ‘‘(2) has completed any active duty service or reserve component (except a flight sur- ‘‘(e) WRITTEN AGREEMENT FOR BONUS.— commitment incurred for undergraduate avi- geon or other medical officer) while holding ‘‘(1) AGREEMENT REQUIRED.—To receive a ator training or is within one year of com- an aeronautical rating or designation or nuclear officer bonus under subsection (a), a pleting such commitment; while in training to receive an aeronautical person or officer determined to be eligible ‘‘(3) executes a written agreement to re- rating or designation. for the bonus shall enter into a written main on active duty in a regular component ‘‘(2) The term ‘operational flying duty’ agreement with the Secretary of the Navy or to serve in an active status in a reserve means flying performed under competent or- that specifies— component in aviation service for at least ders by rated or designated regular or re- ‘‘(A) the amount of the bonus; one year; and serve component officers while serving in as- ‘‘(B) the method of payment of the bonus ‘‘(4) meets such other criteria as the Sec- signments in which basic flying skills nor- under subsection (d)(2); retary concerned determines appropriate. mally are maintained in the performance of ‘‘(C) the period of obligated service; and ‘‘(c) MAXIMUM AMOUNT AND METHOD OF assigned duties as determined by the Sec- ‘‘(D) the type or conditions of the service. PAYMENT.— retary concerned, and flying performed by ‘‘(2) REPLACEMENT AGREEMENT.—An officer ‘‘(1) MAXIMUM AMOUNT.—The Secretary members in training that leads to the award who is performing obligated service under an concerned shall determine the amount of a of an aeronautical rating or designation.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.056 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H128 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(3) The term ‘proficiency flying duty’ ‘‘(i) $100,000 for medical officers and dental service or by officers designated as a medical means flying performed under competent or- surgeons; and officer. ders by rated or designated regular or re- ‘‘(ii) $15,000 for officers in other health pro- ‘‘(2) Any health profession performed by of- serve component officers while serving in as- fessions; and ficers in the Dental Corps of a uniformed signments in which such skills would nor- ‘‘(E) board certification incentive pay service or by officers designated as a dental mally not be maintained in the performance under subsection (c) may not exceed $6,000 officer. of assigned duties. for each 12-month period an officer remains ‘‘(3) Any health profession performed by of- ‘‘(4) The term ‘officer’ includes an indi- certified in the designated health profession ficers in the Medical Service Corps of a uni- vidual enlisted and designated as an aviation specialty or skill. formed service or by officers designated as a cadet under section 6911 of title 10. ‘‘(2) LUMP SUM OR INSTALLMENTS.—A health medical service officer or biomedical ‘‘(i) TERMINATION OF AUTHORITY.—No professions bonus under subsection (a) may sciences officer. agreement may be entered into under this be paid in a lump sum or in periodic install- ‘‘(4) Any health profession performed by of- section after December 31, 2009. ments, as determined by the Secretary con- ficers in the Medical Specialist Corps of a ‘‘§ 335. Special bonus and incentive pay au- cerned. Board certification incentive pay uniformed service or by officers designated thorities for officers in health professions under subsection (c) may be paid monthly, in as a medical specialist. a lump sum at the beginning of the certifi- ‘‘(5) Any health profession performed by of- ‘‘(a) HEALTH PROFESSIONS BONUS.—The cation period, or in periodic installments Secretary concerned may pay a health pro- ficers of the Nurse Corps of a uniformed serv- during the certification period, as deter- ice or by officers designated as a nurse. fessions bonus under this section to a person, mined by the Secretary concerned. including an officer in the uniformed serv- ‘‘(6) Any health profession performed by of- ‘‘(3) FIXING BONUS AMOUNT.—Upon accept- ices, who is a graduate of an accredited ficers in the Veterinary Corps of a uniformed ance by the Secretary concerned of the writ- service or by officers designated as a veteri- school in a health profession and who— ten agreement required by subsection (f), the ‘‘(1) accepts a commission or appointment nary officer. total amount of the health professions bonus ‘‘(7) Any health profession performed by of- as an officer in a regular or reserve compo- to be paid under the agreement shall be nent of a uniformed service, or affiliates ficers designated as a physician assistant. fixed. ‘‘(8) Any health profession performed by of- with a reserve component of a uniformed ‘‘(f) WRITTEN AGREEMENT FOR BONUS.—To service, and agrees to serve on active duty in ficers in the regular or reserve corps of the receive a bonus under this section, an officer Public Health Service. a regular component or in an active status in determined to be eligible for the bonus shall ERMINATION OF AUTHORITY.—No a reserve component in a health profession; ‘‘(k) T enter into a written agreement with the Sec- agreement may be entered into under this ‘‘(2) accepts a commission or appointment retary concerned that specifies— section after December 31, 2009. as an officer and whose health profession ‘‘(1) the amount of the bonus; specialty is designated by the Secretary of ‘‘(2) the method of payment of the bonus ‘‘§ 351. Hazardous duty pay Defense as a critically short wartime spe- under subsection (e)(2); ‘‘(a) HAZARDOUS DUTY PAY.—The Secretary cialty; or ‘‘(3) the period of obligated service; concerned may pay hazardous duty pay ‘‘(3) agrees to remain on active duty or ‘‘(4) whether the service will be performed under this section to a member of a regular continue serving in an active status in a re- on active duty or in an active status in a re- or reserve component of the uniformed serv- serve component in a health profession. serve component; and ices entitled to basic pay under section 204 of ‘‘(b) HEALTH PROFESSIONS INCENTIVE PAY.— ‘‘(5) the type or conditions of the service. this title or compensation under section 206 The Secretary concerned may pay incentive ‘‘(g) RESERVE COMPONENT OFFICERS.—An of this title who— pay under this section to an officer in a reg- officer in a reserve component authorized in- ‘‘(1) performs duty in a hostile fire area ular or reserve component of a uniformed centive pay under subsection (b) or (c) who is designated by the Secretary concerned, is ex- service who— not serving on continuous active duty and is posed to a hostile fire event, explosion of a ‘‘(1) is entitled to basic pay under section entitled to compensation under section 204 of hostile explosive device, or any other hostile 204 of this title or compensation under sec- this title or compensation under section 206 action, or is on duty during a month in an tion 206 of this title; and of this title may be paid a monthly amount area in which a hostile event occurred which ‘‘(2) is serving on active duty or in an ac- of incentive pay that is proportionate to the placed the member in grave danger of phys- tive status in a designated health profession basic pay or compensation received under ical injury; specialty or skill. this title. ‘‘(2) performs duty designated by the Sec- ‘‘(c) BOARD CERTIFICATION INCENTIVE PAY.— ‘‘(h) RELATIONSHIP TO OTHER PAY AND AL- retary concerned as hazardous duty based The Secretary concerned may pay board cer- LOWANCES.— upon the inherent dangers of that duty and tification incentive pay under this section to ‘‘(1) HEALTH PROFESSIONS BONUS.—A bonus risks of physical injury; or paid to a person or officer under subsection an officer in a regular or reserve component ‘‘(3) performs duty in a foreign area des- (a) shall be in addition to any other pay and of a uniformed service who— ignated by the Secretary concerned as an allowance to which the person or officer is ‘‘(1) is entitled to basic pay under section area in which the member is subject to im- entitled, except that a person or officer may 204 of this title or compensation under sec- minent danger of physical injury due to not receive a payment under such subsection tion 206 of this title; threat conditions. and section 332 of this title for the same pe- ‘‘(2) is board certified in a designated ‘‘(b) MAXIMUM AMOUNT.—The amount of riod of obligated service. health profession specialty or skill; and hazardous duty pay paid to a member under ‘‘(2) HEALTH PROFESSIONS INCENTIVE PAY.— ‘‘(3) is serving on active duty or in an ac- subsection (a) shall be based on the type of Incentive pay paid to an officer under sub- tive status in such designated health profes- duty and the area in which the duty is per- section (b) shall be in addition to any other sion specialty or skill. formed, as follows: pay and allowance to which an officer is en- ‘‘(d) ADDITIONAL ELIGIBILITY CRITERIA.— ‘‘(1) In the case of a member who performs titled, except that an officer may not receive The Secretary concerned may impose such duty in a designated hostile fire area, as de- a payment under such subsection and section additional criteria for the receipt of a bonus 353 of this title for the same skill and period scribed in subsection (a)(1), hazardous duty or incentive pay under this section as the of service. pay may not exceed $450 per month. Secretary determines to be appropriate. ‘‘(2) In the case of a member who performs ‘‘(3) BOARD CERTIFICATION INCENTIVE PAY.— ‘‘(e) MAXIMUM AMOUNT AND METHOD OF Incentive pay paid to an officer under sub- a designated hazardous duty, as described in PAYMENT.— section (c) shall be in addition to any other subsection (a)(2), hazardous duty pay may ‘‘(1) MAXIMUM AMOUNT.—The Secretary pay and allowance to which an officer is en- not exceed $250 per month. concerned shall determine the amounts of a titled, except that an officer may not receive ‘‘(3) In the case of a member who performs bonus or incentive pay to be paid under this a payment under such subsection and section duty in a foreign area designated as an im- section, except that— 353(b) of this title for the same skill and pe- minent danger area, as described in sub- ‘‘(A) a health professions bonus paid under riod of service covered by the certification. section (a)(3), hazardous duty pay may not paragraph (1) of subsection (a) may not ex- ‘‘(i) REPAYMENT.—An officer who receives a exceed $250 per month. ceed $30,000 for each 12-month period of obli- bonus or incentive pay under this section ‘‘(c) METHOD OF PAYMENT.—Hazardous duty gated service agreed to under subsection (f); and who fails to fulfill the eligibility re- pay shall be paid on a monthly basis. A ‘‘(B) a health professions bonus paid under quirements for the receipt of the bonus or in- member who is eligible for hazardous duty paragraph (2) of subsection (a) may not ex- centive pay or complete the period of service pay by reason of subsection (a) shall receive ceed $100,000 for each 12-month period of obli- for which the bonus or incentive pay is paid, the full monthly rate of hazardous duty pay gated service agreed to under subsection (f); as specified in the written agreement under authorized by the Secretary concerned under ‘‘(C) a health professions bonus paid under subsection (f) in the case of a bonus, shall be such paragraph, notwithstanding subsection paragraph (3) of subsection (a) may not ex- subject to the repayment provisions of sec- (d). ceed $75,000 for each 12-month period of obli- tion 373 of this title. ‘‘(d) RESERVE COMPONENT MEMBERS PER- gated service agreed to under subsection (f); ‘‘(j) HEALTH PROFESSION DEFINED.—In this FORMING INACTIVE DUTY TRAINING.—A mem- ‘‘(D) health professions incentive pay section, the term ‘health profession’ means ber of a reserve component entitled to com- under subsection (b) may be paid monthly the following: pensation under section 206 of this title who and may not exceed, in any 12-month pe- ‘‘(1) Any health profession performed by of- is authorized hazardous duty pay under this riod— ficers in the Medical Corps of a uniformed section may be paid an amount of hazardous

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duty pay that is proportionate to the com- ‘‘(B) the number of continuous months in ‘‘(b) SKILL PROFICIENCY BONUS.—The Sec- pensation received by the member under sec- the period for which assignment or special retary concerned may pay a proficiency tion 206 of this title for inactive-duty train- duty pay will be paid pursuant to the agree- bonus to a member of a regular or reserve ing. ment. component of the uniformed services who— ‘‘(e) ADMINISTRATION AND RETROACTIVE ‘‘(4) MAXIMUM INSTALLMENT AMOUNT.—The ‘‘(1) is entitled to basic pay under section PAYMENTS.—The effective date for the des- amount of each installment payment of as- 204 of this title or compensation under sec- ignation of a hostile fire area, as described in signment or special duty pay payable to a tion 206 of this title; and paragraph (1) of subsection (a), and for the member on an installment basis may not ex- ‘‘(2) is determined to have, and maintains, designation of a foreign area as an imminent ceed the amount equal to— certified proficiency under subsection (d) in danger area, as described in paragraph (3) of ‘‘(A) the product of— a skill designated as critical by the Sec- such subsection, may be a date that occurs ‘‘(i) a monthly rate specified in the written retary concerned. before, on, or after the actual date of the agreement entered into under subsection (c), ‘‘(c) MAXIMUM AMOUNTS AND METHODS OF designation by the Secretary concerned. which monthly rate may not exceed the PAYMENT.— ‘‘(f) DETERMINATION OF FACT.—Any deter- maximum monthly rate authorized under ‘‘(1) SKILL INCENTIVE PAY.—Skill incentive mination of fact that is made in admin- paragraph (2) at the time the member enters pay under subsection (a) shall be paid istering subsection (a) is conclusive. The de- into the agreement; and monthly in an amount not to exceed $1,000 termination may not be reviewed by any ‘‘(ii) the number of continuous months in per month. other officer or agency of the United States the period for which the assignment or spe- ‘‘(2) PROFICIENCY BONUS.—A proficiency unless there has been fraud or gross neg- cial duty pay will be paid; divided by bonus under subsection (b) may be paid in a ligence. However, the Secretary concerned ‘‘(B) the number of installments over such lump sum at the beginning of the proficiency may change the determination on the basis period. certification period or in periodic install- of new evidence or for other good cause. The ‘‘(5) EFFECT OF EXTENSION.—If a member ments during the proficiency certification regulations prescribed to administer this extends an assignment or performance of period. The amount of the bonus may not ex- section shall define the activities that are duty specified in an agreement with the Sec- ceed $12,000 for each 12-month period of cer- considered hazardous for purposes of sub- retary concerned under subsection (c), as- tification. The Secretary concerned may not section (a)(2). signment or special duty pay for the period vary the criteria or rates for the proficiency ‘‘(g) RELATIONSHIP TO OTHER PAY AND AL- of the extension may be paid on a monthly bonus paid for officers and enlisted members. LOWANCES.— basis, in a lump sum, or in installments, con- ‘‘(d) CERTIFIED PROFICIENCY FOR PRO- ‘‘(1) IN ADDITION TO OTHER PAY AND ALLOW- sistent with this subsection. FICIENCY BONUS.— ANCES.—A member may be paid hazardous ‘‘(c) WRITTEN AGREEMENT.— ‘‘(1) CERTIFICATION REQUIRED.—Proficiency duty pay under this section in addition to ‘‘(1) DISCRETIONARY FOR MONTHLY PAY- in a designated critical skill for purposes of any other pay and allowances to which the MENTS.—The Secretary concerned may re- subsection (b) shall be subject to annual cer- member is entitled. The regulations pre- quire a member to enter into a written tification by the Secretary concerned. scribed to administer this section shall ad- agreement with the Secretary in order to ‘‘(2) DURATION OF CERTIFICATION.—A certifi- dress dual compensation under this section qualify for the payment of assignment or cation period for purposes of subsection (c)(2) for multiple circumstances involving per- special duty pay on a monthly basis. The shall expire at the end of the one-year period formance of a designated hazardous duty, as written agreement shall specify the period beginning on the first day of the first month described in paragraph (2) of subsection (a), for which the assignment or special duty pay beginning on or after the certification date. or for duty in certain designated areas, as will be paid to the member and the monthly ‘‘(3) WAIVER.—Notwithstanding paragraphs described in paragraph (1) or (3) of such sub- rate of the assignment or special duty pay. (1) and (2), the regulations prescribed to ad- section, that is performed by a member dur- ‘‘(2) REQUIRED FOR LUMP SUM OR INSTALL- minister this section shall address the cir- ing a single month of service. MENT PAYMENTS.—The Secretary concerned cumstances under which the Secretary con- ‘‘(2) LIMITATION.—A member may not re- shall require a member to enter into a writ- cerned may waive the certification require- ceive hazardous duty pay under this section ten agreement with the Secretary in order to ment under paragraph (1) or extend a certifi- for a month for more than three qualifying qualify for payment of assignment or special cation period under paragraph (2). RITTEN AGREEMENT.— instances described in subsection (a)(2). duty pay on a lump sum or installment ‘‘(e) W ‘‘(1) DISCRETIONARY FOR SKILL INCENTIVE ‘‘(h) PROHIBITION ON VARIABLE RATES.—The basis. The written agreement shall specify PAY.—The Secretary concerned may require regulations prescribed to administer this the period for which the assignment or spe- a member to enter into a written agreement section may not include varied criteria or cial duty pay will be paid to the member and with the Secretary in order to qualify for the rates for payment of hazardous duty for offi- the amount of the lump sum or each periodic payment of skill incentive pay under sub- cers and enlisted members. installment. section (a). The written agreement shall ‘‘(i) TERMINATION OF AUTHORITY.—No haz- ‘‘(d) RESERVE COMPONENT MEMBERS PER- specify the period for which the skill incen- ardous duty pay under this section may be FORMING INACTIVE DUTY TRAINING.—A mem- paid after December 31, 2009. ber of a reserve component entitled to com- tive pay will be paid to the member and the monthly rate of the pay. ‘‘§ 352. Assignment pay or special duty pay pensation under section 206 of this title who is authorized assignment or special duty pay ‘‘(2) REQUIRED FOR PROFICIENCY BONUS.— ‘‘(a) ASSIGNMENT OR SPECIAL DUTY PAY AU- The Secretary concerned shall require a THORIZED.—The Secretary concerned may under this section may be paid an amount of assignment or special duty pay that is pro- member to enter into a written agreement pay assignment or special duty pay under with the Secretary in order to qualify for this section to a member of a regular or re- portionate to the compensation received by the member under section 206 of this title for payment of a proficiency bonus under sub- serve component of the uniformed services section (b). The written agreement shall who— inactive-duty training. ‘‘(e) RELATIONSHIP TO OTHER PAY AND AL- specify the amount of the proficiency bonus, ‘‘(1) is entitled to basic pay under section the period for which the bonus will be paid, 204 of this title or compensation under sec- LOWANCES.—Assignment or special duty pay paid to a member under this section is in ad- and the initial certification or recertifi- tion 206 of this title; and cation necessary for payment of the pro- ‘‘(2) performs duties in an assignment, lo- dition to any other pay and allowances to which the member is entitled. ficiency bonus. cation, or unit designated by, and under the ‘‘(f) RESERVE COMPONENT MEMBERS PER- ‘‘(f) REPAYMENT.—A member who receives conditions of service specified by, the Sec- FORMING INACTIVE DUTY TRAINING.— assignment or special duty pay under this retary concerned. ‘‘(1) PRORATION.—A member of a reserve section and who fails to fulfill the eligibility ‘‘(b) MAXIMUM AMOUNT AND METHOD OF component entitled to compensation under requirements under subsection (a) for receipt PAYMENT.— section 206 of this title who is authorized of such pay shall be subject to the repay- ‘‘(1) LUMP SUM OR INSTALLMENTS.—Assign- skill incentive pay under subsection (a) or a ment provisions of section 373 of this title. ment or special duty pay under subsection skill proficiency bonus under subsection (b) ERMINATION OF AUTHORITY.—No (a) may be paid monthly, in a lump sum, or ‘‘(g) T agreement may be entered into under this may be paid an amount of the pay or bonus, in periodic installments other than monthly, section after December 31, 2009. as the case may be, that is proportionate to as determined by the Secretary concerned. the compensation received by the member ‘‘(2) MAXIMUM MONTHLY AMOUNT.—The max- ‘‘§ 353. Skill incentive pay or proficiency under section 206 of this title for inactive- imum monthly amount of assignment or spe- bonus duty training. cial duty pay may not exceed $5,000. ‘‘(a) SKILL INCENTIVE PAY.—The Secretary ‘‘(2) EXCEPTION FOR FOREIGN LANGUAGE PRO- ‘‘(3) MAXIMUM LUMP SUM AMOUNT.—The concerned may pay a monthly skill incentive FICIENCY.—No reduction in the amount of a amount of a lump sum payment of assign- pay to a member of a regular or reserve com- skill proficiency bonus may be made under ment or special duty pay payable to a mem- ponent of the uniformed services who— paragraph (1) in the case of a member of a re- ber may not exceed the amount equal to the ‘‘(1) is entitled to basic pay under section serve component who is authorized the bonus product of— 204 of this title or compensation under sec- because of the member’s proficiency in a for- ‘‘(A) the maximum monthly rate author- tion 206 of this title; and eign language. ized under paragraph (2) at the time the ‘‘(2) serves in a career field or skill des- ‘‘(g) REPAYMENT.—A member who receives member enters into a written agreement ignated as critical by the Secretary con- skill incentive pay or a proficiency bonus under subsection (c); and cerned. under this section and who fails to fulfill the

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eligibility requirement for receipt of the pay means a bonus, incentive pay, special pay, or (3) CROSS REFERENCES.—Sections 1401a, or bonus shall be subject to the repayment similar payment paid to a member of the 1409(b)(2), and 1410 of title 10, United States provisions of section 373 of this title. uniformed services under this title or title Code, are amended by striking ‘‘section 322’’ ‘‘(h) RELATIONSHIP TO OTHER PAYS AND AL- 10. each place it appears and inserting ‘‘section LOWANCES.—A member may not be paid more ‘‘§ 373. Repayment of unearned portion of 322 (as in effect before the enactment of the than one pay under this section in any bonus, incentive pay, or similar benefit National Defense Authorization Act for Fis- month for the same period of service and when conditions of payment not met cal Year 2008) or section 354’’. skill. A member may be paid skill incentive ‘‘(a) REPAYMENT.—Except as provided in (c) TRANSFER OF RETENTION INCENTIVES FOR pay or the proficiency bonus under this sec- subsection (b), a member of the uniformed MEMBERS QUALIFIED IN CRITICAL MILITARY tion in addition to any other pay and allow- services who is paid a bonus, incentive pay, SKILLS OR ASSIGNED TO HIGH PRIORITY ances to which the member is entitled, ex- or similar benefit, the receipt of which is UNITS.— cept that a member may not be paid skill in- contingent upon the member’s satisfaction (1) TRANSFER.—Section 323 of title 37, centive pay or a proficiency bonus under this of certain service or eligibility requirements, United States Code, as amended by sections section and hazardous duty pay under sec- shall repay to the United States any un- 614 and 622, is transferred to appear after sec- tion 351 of this title for the same period of earned portion of the bonus, incentive pay, tion 354 of subchapter II of chapter 5 of such service in the same career field or skill. or similar benefit if the member fails to sat- title, as transferred and redesignated by sub- ‘‘(i) TERMINATION OF AUTHORITY.—No isfy any such service or eligibility require- section (b)(1), and is redesignated as section agreement may be entered into under this ment. 355. section after December 31, 2009. ‘‘(b) EXCEPTIONS.—The regulations pre- (2) CONFORMING AMENDMENT.—Subsection ‘‘SUBCHAPTER III—GENERAL scribed to administer this section may speci- (g) of such section, as so transferred and re- fy procedures for determining the cir- PROVISIONS designated, is amended by striking ‘‘section cumstances under which an exception to the 303a(e)’’ and inserting ‘‘section 373’’. ‘‘§ 371. Relationship to other incentives and required repayment may be granted. (d) CLERICAL AMENDMENT.—The table of pays ‘‘(c) EFFECT OF BANKRUPTCY.—An obliga- sections at the beginning of chapter 5 of title ‘‘(a) TREATMENT.—A bonus or incentive pay tion to repay the United States under this 37, United States Code, is amended to read as paid to a member of the uniformed services section is, for all purposes, a debt owed the follows: under subchapter II is in addition to any United States. A discharge in bankruptcy ‘‘SUBCHAPTER I—EXISTING SPECIAL PAY, other pay and allowance to which a member under title 11 does not discharge a person INCENTIVE PAY, AND BONUS AUTHORITIES is entitled, unless otherwise provided under from such debt if the discharge order is en- this chapter. tered less than five years after— ‘‘Sec. ‘‘301. Incentive pay: hazardous duty. ‘‘(b) EXCEPTION.—A member may not re- ‘‘(1) the date of the termination of the ‘‘301a. Incentive pay: aviation career. ceive a bonus or incentive pay under both agreement or contract on which the debt is ‘‘301b. Special pay: aviation career officers subchapter I and subchapter II for the same based; or extending period of active duty. activity, skill, or period of service. ‘‘(2) in the absence of such an agreement or ‘‘301c. Incentive pay: submarine duty. ‘‘(c) RELATIONSHIP TO OTHER COMPUTA- contract, the date of the termination of the service on which the debt is based. ‘‘301d. Multiyear retention bonus: medical of- TIONS.—The amount of a bonus or incentive ficers of the armed forces. pay to which a member is entitled under sub- ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘bonus, incentive pay, or ‘‘301e. Multiyear retention bonus: dental offi- chapter II may not be included in computing similar benefit’ means a bonus, incentive cers of the armed forces. the amount of— pay, special pay, or similar payment, or an ‘‘302. Special pay: medical officers of the ‘‘(1) any increase in pay authorized by any educational benefit or stipend, paid to a armed forces. other provision of this title; or member of the uniformed services under a ‘‘302a. Special pay: optometrists. ‘‘(2) any retired pay, retainer pay, separa- provision of law that refers to the repayment ‘‘302b. Special pay: dental officers of the tion pay, or disability severance pay. requirements of this section or section armed forces. ‘‘§ 372. Continuation of pays during hos- 303a(e) of this title. ‘‘302c. Special pay: psychologists and non- pitalization and rehabilitation resulting ‘‘(2) The term ‘service’, as used in sub- physician health care providers. from wounds, injury, or illness incurred section (c)(2), refers to an obligation will- ‘‘302d. Special pay: accession bonus for reg- while on duty in a hostile fire area or ex- ingly undertaken by a member of the uni- istered nurses. posed to an event of hostile fire or other formed services, in exchange for a bonus, in- ‘‘302e. Special pay: nurse anesthetists. hostile action centive pay, or similar benefit offered by the ‘‘302f. Special pay: reserve, recalled, or re- tained health care officers. ‘‘(a) CONTINUATION OF PAYS.—If a member Secretary concerned— of a regular or reserve component of a uni- ‘‘(A) to a member in a regular or reserve ‘‘302g. Special pay: Selected Reserve health formed service incurs a wound, injury, or ill- component who remains on active duty or in care professionals in critically ness in the line of duty while serving in a an active status; short wartime specialties. ‘‘302h. Special pay: accession bonus for den- combat operation or a combat zone, while ‘‘(B) to perform duty in a specified skill, tal officers. serving in a hostile fire area, or while ex- with or without a specified qualification or ‘‘302i. Special pay: pharmacy officers. posed to a hostile fire event, as described credential; ‘‘302j. Special pay: accession bonus for phar- under section 351 of this title, and is hos- ‘‘(C) to perform duty in a specified assign- ment, location or unit; or macy officers. pitalized for treatment of the wound, injury, ‘‘302k. Special pay: accession bonus for med- ‘‘(D) to perform duty for a specified period or illness, the Secretary concerned may con- ical officers in critically short of time. tinue to pay to the member, notwithstanding wartime specialties. any provision of this chapter to the con- ‘‘§ 374. Regulations ‘‘302l. Special pay: accession bonus for dental trary, all pay and allowances (including any ‘‘This subchapter and subchapter II shall specialist officers in critically bonus, incentive pay, or similar benefit) that be administered under regulations prescribed short wartime specialties. were being paid to the member at the time by— ‘‘303. Special pay: veterinarians. the member incurred the wound, injury, or ‘‘(1) the Secretary of Defense, with respect ‘‘303a. Special pay: general provisions. illness. to the armed forces under the jurisdiction of ‘‘303b. Waiver of board certification require- ‘‘(b) DURATION.—The payment of pay and the Secretary of Defense; ments. allowances to a member under subsection (a) ‘‘(2) the Secretary of Homeland Security, ‘‘304. Special pay: diving duty. may continue until the end of the first with respect to the Coast Guard when it is ‘‘305. Special pay: hardship duty pay. month beginning after the earliest of the fol- not operating as a service in the Navy; ‘‘305a. Special pay: career sea pay. lowing dates: ‘‘(3) the Secretary of Health and Human ‘‘305b. Special pay: service as member of ‘‘(1) The date on which the member is re- Services, with respect to the commissioned Weapons of Mass Destruction turned for assignment to other than a med- corps of the Public Health Service; and Civil Support Team. ical or patient unit for duty. ‘‘(4) the Secretary of Commerce, with re- ‘‘306. Special pay: officers holding positions ‘‘(2) One year after the date on which the spect to the National Oceanic and Atmos- of unusual responsibility and of member is first hospitalized for the treat- pheric Administration.’’. critical nature. ment of the wound, injury, or illness, except (b) TRANSFER OF 15-YEAR CAREER STATUS ‘‘306a. Special pay: members assigned to that the Secretary concerned may extend BONUS TO SUBCHAPTER II.— international military head- the termination date in six-month incre- (1) TRANSFER.—Section 322 of title 37, quarters. ments. United States Code, is transferred to appear ‘‘307. Special pay: special duty assignment ‘‘(3) The date on which the member is dis- after section 353 of subchapter II of chapter pay for enlisted members. charged, separated, or retired (including 5 of such title, as added by subsection (a), ‘‘307a. Special pay: assignment incentive temporary disability retirement) from the and is redesignated as section 354. pay. uniformed services. (2) CONFORMING AMENDMENT.—Subsection ‘‘308. Special pay: reenlistment bonus. ‘‘(c) BONUS, INCENTIVE PAY, OR SIMILAR (f) of such section, as so transferred and re- ‘‘308b. Special pay: reenlistment bonus for BENEFIT DEFINED.—In this section, the term designated, is amended by striking ‘‘section members of the Selected Re- ‘bonus, incentive pay, or similar benefit’ 303a(e)’’ and inserting ‘‘section 373’’. serve.

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‘‘308c. Special pay: bonus for affiliation or ‘‘372. Continuation of pays during hos- ‘‘(1) AUTHORITY.—The Secretary of the enlistment in the Selected Re- pitalization and rehabilitation Army may pay a bonus under this section to serve. resulting from wounds, injury, an individual referred to in paragraph (2) ‘‘308d. Special pay: members of the Selected or illness incurred while on who refers to an Army recruiter a person Reserve assigned to certain duty in a hostile fire area or ex- who has not previously served in an armed high priority units. posed to an event of hostile fire force and who, after such referral, enlists in ‘‘308g. Special pay: bonus for enlistment in or other hostile action. the regular component of the Army or in the elements of the Ready Reserve ‘‘373. Repayment of unearned portion of Army National Guard or Army Reserve. other than the Selected Re- bonus, incentive pay, or similar ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub- serve. benefit when conditions of pay- ject to subsection (c), the following individ- ‘‘308h. Special pay: bonus for reenlistment, ment not met. uals are eligible for a referral bonus under enlistment, or voluntary exten- ‘‘374. Regulations.’’. this section: sion of enlistment in elements SEC. 662. TRANSITIONAL PROVISIONS. ‘‘(A) A member in the regular component of the Ready Reserve other (a) IMPLEMENTATION PLAN.— of the Army. than the Selected Reserve. (1) DEVELOPMENT.—The Secretary of De- ‘‘(B) A member of the Army National ‘‘308i. Special pay: prior service enlistment fense shall develop a plan to implement sub- Guard. bonus. chapters II and III of chapter 5 of title 37, ‘‘(C) A member of the Army Reserve. ‘‘308j. Special pay: affiliation bonus for offi- United States Code, as added by section ‘‘(D) A member of the Army in a retired cers in the Selected Reserve. 661(a), and to correspondingly transition all status, including a member under 60 years of ‘‘309. Special pay: enlistment bonus. of the special and incentive pay programs for age who, but for age, would be eligible for re- ‘‘310. Special pay: duty subject to hostile fire members of the uniformed services solely to tired pay. or imminent danger. provisions of such subchapters. ‘‘312. Special pay: nuclear-qualified officers ‘‘(E) A civilian employee of the Depart- (2) SUBMISSION.—Not later than one year extending period of active duty. ment of the Army. after the date of the enactment of this Act, ‘‘312b. Special pay: nuclear career accession ‘‘(b) REFERRAL.—For purposes of this sec- the Secretary shall submit the implementa- tion, a referral for which a bonus may be bonus. ‘‘312c. Special pay: nuclear career annual in- tion plan to the congressional defense com- paid under subsection (a) occurs— centive bonus. mittees. ‘‘(1) when the individual concerned con- ‘‘314. Special pay or bonus: qualified mem- (b) TRANSITION PERIOD.—During a transi- tacts an Army recruiter on behalf of a person tion period of not more than 10 years begin- bers extending duty at des- interested in enlisting in the Army; or ning on the date of the enactment of this ignated locations overseas. ‘‘(2) when a person interested in enlisting ‘‘315. Special pay: engineering and scientific Act, the Secretary of Defense, the Secretary in the Army contacts the Army recruiter of a military department, and the Secre- career continuation pay. and informs the recruiter of the role of the ‘‘316. Special pay: bonus for members with taries referred to in subsection (d) may con- individual concerned in initially recruiting foreign language proficiency. tinue to use the authorities in provisions in the person. ‘‘317. Special pay: officers in critical acquisi- subchapter I of chapter 5 of title 37, United ‘‘(c) CERTAIN REFERRALS INELIGIBLE.— tion positions extending period States Code, as designated by section 661(a), ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A of active duty. but subject to the terms of such provisions member of the Army or civilian employee of ‘‘318. Special pay: special warfare officers ex- and such modifications as the Secretary of the Department of the Army may not be paid tending period of active duty. Defense may include in the implementation a bonus under subsection (a) for the referral ‘‘319. Special pay: surface warfare officer plan, to provide bonuses and special and in- of an immediate family member. continuation pay. centive pays for members of the uniformed ‘‘(2) MEMBERS IN RECRUITING ROLES.—A ‘‘320. Incentive pay: career enlisted flyers. services. member of the Army or civilian employee of (c) NOTICE OF IMPLEMENTATION OF NEW AU- ‘‘321. Special pay: judge advocate continu- the Department of the Army serving in a re- THORITIES.—Not less than 30 days before the ation pay. cruiting or retention assignment, or assigned date on which a special pay or bonus author- ‘‘324. Special pay: accession bonus for new of- to other duties regarding which eligibility ity provided under subchapter II of chapter 5 ficers in critical skills. for a bonus under subsection (a) could (as de- ‘‘325. Incentive bonus: savings plan for edu- of title 37, United States Code, as added by section 661(a), is first utilized, the Secretary termined by the Secretary) be perceived as cation expenses and other con- creating a conflict of interest, may not be tingencies. of Defense shall submit to the congressional defense committees a notice of the imple- paid a bonus under subsection (a). ‘‘326. Incentive bonus: conversion to military ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING occupational specialty to ease mentation of the authority, including wheth- er, as a result of implementation of the au- CORPS INSTRUCTORS.—A member of the Army personnel shortage. detailed under subsection (c)(1) of section ‘‘327. Incentive bonus: transfer between thority, a corresponding authority in sub- chapter I of such chapter, as designated by 2031 of this title to serve as an administrator armed forces. or instructor in the Junior Reserve Officers’ ‘‘328. Combat-related injury rehabilitation section 661(a), will no longer be used. Training Corps program or a retired member pay. (d) COORDINATION.—The Secretary of De- ‘‘329. Incentive bonus: retired members and fense shall prepare the implementation plan of the Army employed as an administrator reserve component members in coordination with— or instructor in the program under sub- volunteering for high-demand, (1) the Secretary of Homeland Security, section (d) of such section may not be paid a low-density assignments. with respect to the Coast Guard; bonus under subsection (a). ‘‘(d) AMOUNT OF BONUS.—The amount of the ‘‘330. Special pay: accession bonus for officer (2) the Secretary of Health and Human bonus payable for a referral under subsection candidates. Services, with respect to the commissioned corps of the Public Health Service; and (a) may not exceed $2,000. The amount shall ‘‘SUBCHAPTER II—CONSOLIDATION OF SPECIAL (3) the Secretary of Commerce, with re- be payable as provided in subsection (e). PAY, INCENTIVE PAY, AND BONUS AUTHORITIES spect to the National Oceanic and Atmos- ‘‘(e) PAYMENT.—A bonus payable for a re- ‘‘331. General bonus authority for enlisted pheric Administration. ferral of a person under subsection (a) shall members. (e) NO EFFECT ON FISCAL YEAR 2008 OBLIGA- be paid as follows: ‘‘332. General bonus authority for officers. TIONS.—During fiscal year 2008, obligations ‘‘(1) Not more than $1,000 shall be paid ‘‘333. Special bonus and incentive pay au- incurred under subchapters I, II, and III of upon the commencement of basic training by thorities for nuclear officers. chapter 5 of title 37, United States Code, as the person. ‘‘334. Special aviation incentive pay and amended by section 661, to provide bonuses, ‘‘(2) Not more than $1,000 shall be paid bonus authorities for officers. incentive pays, special pays, and similar pay- upon the completion of basic training and in- ‘‘335. Special bonus and incentive pay au- ments to members of the uniformed services dividual advanced training by the person. thorities for officers in health under such subchapters may not exceed the ‘‘(f) RELATION TO PROHIBITION ON BOUN- professions. obligations that would be incurred in the ab- TIES.—The referral bonus authorized by this ‘‘351. Hazardous duty pay. section is not a bounty for purposes of sec- ‘‘352. Assignment pay or special duty pay. sence of the amendments made by such sec- tion. tion 514(a) of this title. ‘‘353. Skill incentive pay or proficiency ‘‘(g) COORDINATION WITH RECEIPT OF RE- Subtitle G—Other Matters bonus. TIRED PAY.—A bonus paid under this section ‘‘354. Special pay: 15-year career status bonus SEC. 671. REFERRAL BONUS AUTHORITIES. to a member of the Army in a retired status for members entering service (a) CODIFICATION AND MODIFICATION OF is in addition to any compensation to which on or after August 1, 1986. ARMY REFERRAL BONUS AUTHORITY.— the member is entitled under this title, title ‘‘355. Special pay: retention incentives for (1) ARMY REFERRAL BONUS.—Chapter 333 of 37 or 38, or any other provision of law. members qualified in critical title 10, United States Code, is amended by ‘‘(h) DURATION OF AUTHORITY.—A bonus military skills or assigned to inserting after section 3251 the following new may not be paid under subsection (a) with re- high priority units. section: spect to any referral that occurs after De- ‘‘SUBCHAPTER III—GENERAL PROVISIONS ‘‘§ 3252. Bonus to encourage Army personnel cember 31, 2008.’’. ‘‘371. Relationship to other incentives and to refer persons for enlistment in the Army (2) CLERICAL AMENDMENT.—The table of pays. ‘‘(a) AUTHORITY TO PAY BONUS.— sections at the beginning of such chapter is

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00105 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.057 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H132 CONGRESSIONAL RECORD — HOUSE January 16, 2008 amended by inserting after the item relating member of the armed forces employed as an ‘‘(ii) a financial or credit institution (in- to section 3251 the following new item: administrator or instructor in the program cluding an insurance company) that is sub- ‘‘3252. Bonus to encourage Army personnel to under subsection (d) of such section may not ject to examination and supervision by an refer persons for enlistment in be paid a bonus under subsection (a). agency of the United States or any State; the Army.’’. ‘‘(d) AMOUNT OF BONUS.—The amount of the ‘‘(iii) a pension fund approved by the Sec- (b) BONUS FOR REFERRAL OF PERSONS FOR bonus payable for a referral under subsection retary for purposes of this section; or APPOINTMENT AS OFFICERS TO SERVE IN (a) may not exceed $2,000. The amount shall ‘‘(iv) a nonprofit private entity designated HEALTH PROFESSIONS.— be payable as provided in subsection (e). by a State, regulated by that State, and ap- (1) HEALTH PROFESSIONS REFERRAL BONUS.— ‘‘(e) PAYMENT.—A bonus payable for a re- proved by the Secretary for purposes of this Chapter 53 of such title is amended by insert- ferral of a person under subsection (a) shall section.’’. ing before section 1031 the following new sec- be paid as follows: (b) PARTICIPATION OF OFFICERS IN PRO- tion: ‘‘(1) Not more than $1,000 shall be paid GRAM.—Such subsection is further amended— upon the execution by the person of an (1) in paragraph (2)— ‘‘§ 1030. Bonus to encourage Department of agreement to serve as an officer in a health (A) by striking ‘‘Except as provided in Defense personnel to refer persons for ap- profession in an armed force for not less than paragraph (3), the Secretary’’ and inserting pointment as officers to serve in health 3 years, ‘‘The Secretary’’; and professions ‘‘(2) Not more than $1,000 shall be paid (B) by striking ‘‘an enlisted member of the ‘‘(a) AUTHORITY TO PAY BONUS.— upon the completion by the person of the ini- Selected Reserve of the Ready Reserve of an ‘‘(1) AUTHORITY.—The Secretary of Defense tial period of military training as an officer. armed force in a reserve component and may authorize the appropriate Secretary to ‘‘(f) RELATION TO PROHIBITION ON BOUN- military specialty’’ and inserting ‘‘a member pay a bonus under this section to an indi- TIES.—The referral bonus authorized by this of the Selected Reserve of the Ready Reserve vidual referred to in paragraph (2) who refers section is not a bounty for purposes of sec- of an armed force in a reserve component to a military recruiter a person who has not tion 514(a) of this title. and in an officer program or military spe- previously served in an armed force and, ‘‘(g) COORDINATION WITH RECEIPT OF RE- cialty’’; and after such referral, takes an oath of enlist- TIRED PAY.—A bonus paid under this section (2) by striking paragraph (3). ment that leads to appointment as a com- to a member of the armed forces in a retired (c) CLERICAL AMENDMENTS.— missioned officer, or accepts an appointment status is in addition to any compensation to (1) SECTION HEADING.—The heading of such as a commissioned officer, in an armed force which the member is entitled under this section is amended to read as follows: in a health profession designated by the ap- title, title 37 or 38, or any other provision of ‘‘§ 16301. Education loan repayment program: propriate Secretary for purposes of this sec- law. members of Selected Reserve’’. tion. ‘‘(h) APPROPRIATE SECRETARY DEFINED.—In (2) TABLE OF SECTIONS.—The table of sec- ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub- this section, the term ‘appropriate Sec- ject to subsection (c), the following individ- tions at the beginning of chapter 1609 of such retary’ means— title is amended by striking the item relat- uals are eligible for a referral bonus under ‘‘(1) the Secretary of the Army, with re- this section: ing to section 16301 and inserting the fol- spect to matters concerning the Army; lowing new item: ‘‘(A) A member of the armed forces in a ‘‘(2) the Secretary of the Navy, with re- ‘‘16301. Education loan repayment program: regular component of the armed forces. spect to matters concerning the Navy, the members of Selected Reserve.’’. ‘‘(B) A member of the armed forces in a re- Marine Corps, and the Coast Guard when it is serve component of the armed forces. SEC. 673. ENSURING ENTRY INTO UNITED STATES operating as a service in the Navy; AFTER TIME ABROAD FOR PERMA- ‘‘(C) A member of the armed forces in a re- ‘‘(3) the Secretary of the Air Force, with tired status, including a member under 60 NENT RESIDENT ALIEN MILITARY respect to matters concerning the Air Force; SPOUSES AND CHILDREN. years of age who, but for age, would be eligi- and Section 284 of the Immigration and Nation- ble for retired or retainer pay. ‘‘(4) the Secretary of Defense, with respect ality Act (8 U.S.C. 1354) is amended— ‘‘(D) A civilian employee of a military de- to personnel of the Department of Defense. (1) by striking ‘‘Nothing’’ and inserting partment or the Department of Defense. ‘‘(i) DURATION OF AUTHORITY.—A bonus ‘‘(a) Nothing’’; and ‘‘(b) REFERRAL.—For purposes of this sec- may not be paid under subsection (a) with re- tion, a referral for which a bonus may be (2) by adding at the end the following new spect to any referral that occurs after De- paid under subsection (a) occurs— subsection: cember 31, 2008.’’. ‘‘(b) If a person lawfully admitted for per- ‘‘(1) when the individual concerned con- (2) CLERICAL AMENDMENTS.—The table of manent residence is the spouse or child of a tacts a military recruiter on behalf of a per- sections at the beginning of such chapter is member of the Armed Forces of the United son interested in taking an oath of enlist- amended by inserting before the item relat- States, is authorized to accompany the mem- ment that leads to appointment as a com- ing to section 1031 the following new item: ber and reside abroad with the member pur- missioned officer, or accepting an appoint- suant to the member’s official orders, and is ment as a commissioned officer, as applica- ‘‘1030. Bonus to encourage Department of De- fense personnel to refer persons so accompanying and residing with the mem- ble, in an armed force in a health profession; ber (in marital union if a spouse), then the or for appointment as officers to serve in health professions.’’. residence and physical presence of the person ‘‘(2) when a person interested in taking an abroad shall not be treated as— (c) REPEAL OF SUPERSEDED ARMY REFERRAL oath of enlistment that leads to appointment ‘‘(1) an abandonment or relinquishment of BONUS AUTHORITY.— as a commissioned officer, or accepting an lawful permanent resident status for pur- (1) REPEAL.—Section 645 of the National appointment as a commissioned officer, as poses of clause (i) of section 101(a)(13)(C); or Defense Authorization Act for Fiscal Year applicable, in an armed force in a health pro- ‘‘(2) an absence from the United States for 2006 (Public Law 109–163) is repealed. fession contacts a military recruiter and in- purposes of clause (ii) of such section.’’. forms the recruiter of the role of the indi- (2) PAYMENT OF BONUSES UNDER SUPER- SEC. 674. OVERSEAS NATURALIZATION FOR MILI- vidual concerned in initially recruiting the SEDED AUTHORITY.—Any bonus payable under TARY SPOUSES AND CHILDREN. person. section 645 of the National Defense Author- (a) SPOUSES.—Section 319 of the Immigra- ‘‘(c) CERTAIN REFERRALS INELIGIBLE.— ization Act for Fiscal Year 2006, as in effect tion and Nationality Act (8 U.S.C. 1430) is ‘‘(1) REFERRAL OF IMMEDIATE FAMILY.—A before its repeal by paragraph (1), shall re- amended by adding at the end the following member of the armed forces or civilian em- main payable after that date and shall be new subsection: ployee of a military department or the De- paid in accordance with the provisions of ‘‘(e)(1) In the case of a person lawfully ad- partment of Defense may not be paid a bonus such section, as in effect on the day before mitted for permanent residence in the under subsection (a) for the referral of an im- the date of the enactment of this Act. United States who is the spouse of a member mediate family member. SEC. 672. EXPANSION OF EDUCATION LOAN RE- of the Armed Forces of the United States, is ‘‘(2) MEMBERS IN RECRUITING ROLES.—A PAYMENT PROGRAM FOR MEMBERS authorized to accompany such member and member of the armed forces or civilian em- OF THE SELECTED RESERVE. reside abroad with the member pursuant to ployee of a military department or the De- (a) ADDITIONAL EDUCATIONAL LOANS ELIGI- the member’s official orders, and is so ac- partment of Defense serving in a recruiting BLE FOR REPAYMENT.—Paragraph (1) of sub- companying and residing with the member in or retention assignment, or assigned to other section (a) of section 16301 of title 10, United marital union, such residence and physical duties regarding which eligibility for a bonus States Code, is amended— presence abroad shall be treated, for pur- under subsection (a) could (as determined by (1) by striking ‘‘or’’ at the end of subpara- poses of subsection (a) and section 316(a), as the appropriate Secretary) be perceived as graph (B); residence and physical presence in— creating a conflict of interest, may not be (2) by striking the period at the end of sub- ‘‘(A) the United States; and paid a bonus under subsection (a). paragraph (C) and inserting ‘‘; or’’; and ‘‘(B) any State or district of the Depart- ‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING (3) by inserting after subparagraph (C) the ment of Homeland Security in the United CORPS INSTRUCTORS.—A member of the armed following new subparagraph: States. forces detailed under subsection (c)(1) of sec- ‘‘(D) any loan incurred for educational pur- ‘‘(2) Notwithstanding any other provision tion 2031 of this title to serve as an adminis- poses made by a lender that is— of law, a spouse described in paragraph (1) trator or instructor in the Junior Reserve ‘‘(i) an agency or instrumentality of a shall be eligible for naturalization pro- Officers’ Training Corps program or a retired State; ceedings overseas pursuant to section 1701(d)

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00106 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.057 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H133 of the National Defense Authorization Act Sec. 703. Inclusion of TRICARE retail phar- SEC. 703. INCLUSION OF TRICARE RETAIL PHAR- for Fiscal Year 2004 (Public Law 108–136; 8 macy program in Federal pro- MACY PROGRAM IN FEDERAL PRO- U.S.C. 1443a).’’. curement of pharmaceuticals. CUREMENT OF PHARMACEUTICALS. (a) IN GENERAL.—Section 1074g of title 10, (b) CHILDREN.—Section 322 of the Immigra- Sec. 704. Stipend for members of reserve tion and Nationality Act (8 U.S.C. 1433) is components for health care for United States Code, is amended— amended by adding at the end the following certain dependents. (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and new subsection: Sec. 705. Authority for expansion of persons (2) by inserting after subsection (e) the fol- ‘‘(d) In the case of a child of a member of eligible for continued health lowing new subsection (f): the Armed Forces of the United States who benefits coverage. ‘‘(f) PROCUREMENT OF PHARMACEUTICALS BY is authorized to accompany such member Sec. 706. Continuation of eligibility for TRICARE RETAIL PHARMACY PROGRAM.— and reside abroad with the member pursuant TRICARE Standard coverage With respect to any prescription filled on or to the member’s official orders, and is so ac- for certain members of the Se- after the date of the enactment of the Na- companying and residing with the member— lected Reserve. tional Defense Authorization Act for Fiscal ‘‘(1) any period of time during which the Sec. 707. Extension of pilot program for Year 2008, the TRICARE retail pharmacy member of the Armed Forces is residing health care delivery. program shall be treated as an element of abroad pursuant to official orders shall be Sec. 708. Inclusion of mental health care in the Department of Defense for purposes of treated, for purposes of subsection (a)(2)(A), definition of health care and re- the procurement of drugs by Federal agen- as physical presence in the United States; port on mental health care cies under section 8126 of title 38 to the ex- ‘‘(2) subsection (a)(5) shall not apply; and services. tent necessary to ensure that pharma- ‘‘(3) the oath of allegiance described in sub- Subtitle B—Studies and Reports ceuticals paid for by the Department of De- section (b) may be subscribed to abroad pur- fense that are provided by pharmacies under Sec. 711. Surveys on continued viability of suant to section 1701(d) of the National De- the program to eligible covered beneficiaries TRICARE Standard and fense Authorization Act for Fiscal Year 2004 under this section are subject to the pricing TRICARE Extra. (Public Law 108–136; 8 U.S.C. 1443a).’’. standards in such section 8126.’’. (c) OVERSEAS NATURALIZATION AUTHOR- Sec. 712. Report on training in preservation (b) REGULATIONS.—The Secretary of De- ITY.—Section 1701(d) of the National Defense of remains under combat or fense shall, after consultation with the other Authorization Act for Fiscal Year 2004 (Pub- combat-related conditions. administering Secretaries under chapter 55 lic Law 108–136; 8 U.S.C. 1443a) is amended— Sec. 713. Report on patient satisfaction sur- of title 10, United States Code, modify the (1) in the subsection heading, by inserting veys. regulations under subsection (h) of section ‘‘AND THEIR SPOUSES AND CHILDREN’’ after Sec. 714. Report on medical physical exami- 1074g of title 10, United States Code (as re- ‘‘FORCES’’; and nations of members of the designated by subsection (a)(1) of this sec- (2) by inserting ‘‘, and persons made eligi- Armed Forces before their de- tion), to implement the requirements of sub- ble for naturalization by section 319(e) or ployment. section (f) of section 1074g of title 10, United 322(d) of such Act,’’ after ‘‘Armed Forces’’. Sec. 715. Report and study on multiple vac- States Code (as amended by subsection (a)(2) (d) EFFECTIVE DATE.—The amendments cinations of members of the of this section). The Secretary shall so mod- made by this section shall take effect on the Armed Forces. ify such regulations not later than December date of enactment of this Act and apply to Sec. 716. Review of gender- and ethnic 31, 2007. any application for naturalization or group-specific mental health SEC. 704. STIPEND FOR MEMBERS OF RESERVE issuance of a certificate of citizenship pend- services and treatment for COMPONENTS FOR HEALTH CARE ing on or after such date. members of the Armed Forces. FOR CERTAIN DEPENDENTS. SEC. 675. MODIFICATION OF AMOUNT OF BACK Sec. 717. Licensed mental health counselors The Secretary of Defense may, pursuant to PAY FOR MEMBERS OF NAVY AND and the TRICARE program. regulations prescribed by the Secretary, pay MARINE CORPS SELECTED FOR PRO- Sec. 718. Report on funding of the Depart- a stipend to a member of a reserve compo- MOTION WHILE INTERNED AS PRIS- ment of Defense for health care. nent of the Armed Forces who is called or or- ONERS OF WAR DURING WORLD WAR dered to active duty for a period of more II TO TAKE INTO ACCOUNT Subtitle C—Other Matters than 30 days for purposes of maintaining ci- CHANGES IN CONSUMER PRICE Sec. 721. Prohibition on conversion of mili- vilian health care coverage for a dependant INDEX. tary medical and dental posi- whom the Secretary determines to possess a (a) MODIFICATION.—Section 667(c) of the tions to civilian medical and special health care need that would be best Floyd D. Spence National Defense Authoriza- dental positions. met by remaining in the member’s civilian tion Act for Fiscal Year 2001 (as enacted into Sec. 722. Establishment of Joint Pathology health plan. In making such determination, law by Public Law 106–398; 114 Stat. 1654A– Center. the Secretary shall consider whether— 170) is amended by adding at the end the fol- (1) the dependent of the member was re- Subtitle A—Improvements to Military Health lowing new paragraph: ceiving treatment for the special health care Benefits ‘‘(3) The amount determined for a person need before the call or order to active duty under paragraph (1) shall be increased to re- SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION of the member; and flect increases in cost of living since the ON INCREASES IN CERTAIN HEALTH (2) the call or order to active duty would basic pay referred to in paragraph (1)(B) was CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. result in an interruption in treatment or a paid to or for that person, calculated on the change in health care provider for such (a) CHARGES UNDER CONTRACTS FOR MED- basis of the Consumer Price Index (all treatment. items—United States city average) published ICAL CARE.—Section 1097(e) of title 10, United States Code, is amended by striking ‘‘Sep- SEC. 705. AUTHORITY FOR EXPANSION OF PER- monthly by the Bureau of Labor Statistics.’’. SONS ELIGIBLE FOR CONTINUED (b) RECALCULATION OF PREVIOUS PAY- tember 30, 2007’’ and inserting ‘‘September HEALTH BENEFITS COVERAGE. MENTS.—In the case of any payment of back 30, 2008’’. (a) AUTHORITY TO SPECIFY ADDITIONAL ELI- pay made to or for a person under section 667 (b) CHARGES FOR INPATIENT CARE.—Section GIBLE PERSONS.—Subsection (b) of section of the Floyd D. Spence National Defense Au- 1086(b)(3) of such title is amended by striking 1078a of title 10, United States Code, is thorization Act for Fiscal Year 2001 before ‘‘September 30, 2007.’’ and inserting ‘‘Sep- amended by adding at the end the following the date of the enactment of this Act, the tember 30, 2008’’. new paragraph: Secretary of the Navy shall— (c) PREMIUMS UNDER TRICARE COVERAGE ‘‘(4) Any other person specified in regula- (1) recalculate the amount of back pay to FOR CERTAIN MEMBERS IN THE SELECTED RE- tions prescribed by the Secretary of Defense which the person is entitled by reason of the SERVE.—Section 1076d(d)(3) of such title is for purposes of this paragraph who loses en- amendment made by subsection (a); and amended by striking ‘‘September 30, 2007’’ titlement to health care services under this (2) if the amount of back pay, as so recal- and inserting ‘‘September 30, 2008’’. chapter or section 1145 of this title, subject culated, exceeds the amount of back pay so SEC. 702. TEMPORARY PROHIBITION ON IN- to such terms and conditions as the Sec- paid, pay the person, or the surviving spouse CREASE IN COPAYMENTS UNDER RE- retary shall prescribe in the regulations.’’. of the person, an amount equal to the excess. TAIL PHARMACY SYSTEM OF PHAR- (b) ELECTION OF COVERAGE.—Subsection (d) MACY BENEFITS PROGRAM. TITLE VII—HEALTH CARE PROVISIONS of such section is amended by adding at the During the period beginning on October 1, end the following new paragraph: Subtitle A—Improvements to Military 2007, and ending on September 30, 2008, the ‘‘(4) In the case of a person described in Health Benefits cost sharing requirements established under subsection (b)(4), by such date as the Sec- Sec. 701. One-year extension of prohibition paragraph (6) of section 1074g(a) of title 10, retary shall prescribe in the regulations re- on increases in certain health United States Code, for pharmaceutical quired for purposes of that subsection.’’. care costs for members of the agents available through retail pharmacies (c) PERIOD OF COVERAGE.—Subsection (g)(1) uniformed services. covered by paragraph (2)(E)(ii) of such sec- of such section is amended— Sec. 702. Temporary prohibition on increase tion may not exceed amounts as follows: (1) in subparagraph (B), by striking ‘‘and’’ in copayments under retail (1) In the case of generic agents, $3. at the end; pharmacy system of pharmacy (2) In the case of formulary agents, $9. (2) in subparagraph (C), by striking the pe- benefits program. (3) In the case of nonformulary agents, $22. riod at the end and inserting ‘‘; and’’; and

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(3) by adding at the end the following new Subtitle B—Studies and Reports (6) INFORMATION FROM BENEFICIARIES.—The subparagraph: SEC. 711. SURVEYS ON CONTINUED VIABILITY OF surveys required by paragraph (1) shall in- ‘‘(D) in the case of a person described in TRICARE STANDARD AND TRICARE clude questions seeking information to de- subsection (b)(4), the date that is 36 months EXTRA. termine from TRICARE beneficiaries wheth- after the date on which the person loses enti- (a) REQUIREMENT FOR SURVEYS.— er they have difficulties in finding health tlement to health care services as described (1) IN GENERAL.—The Secretary of Defense care and mental health care providers will- in that subsection.’’. shall conduct surveys of health care pro- ing to provide services under TRICARE SEC. 706. CONTINUATION OF ELIGIBILITY FOR viders and beneficiaries who use TRICARE in Standard or TRICARE Extra. TRICARE STANDARD COVERAGE FOR the United States to determine, utilizing a (b) GAO REVIEW.— CERTAIN MEMBERS OF THE SE- reconciliation of the responses of providers (1) ONGOING REVIEW.—The Comptroller LECTED RESERVE. and beneficiaries to such surveys, each of the General shall, on an ongoing basis, review— (a) IN GENERAL.—Section 706(f) of the John following: (A) the processes, procedures, and analysis Warner National Defense Authorization Act (A) How many health care providers in used by the Department of Defense to deter- for Fiscal Year 2007 (Public Law 109–364; 120 TRICARE Prime service areas selected under mine the adequacy of the number of health Stat. 2282; 10 U.S.C. 1076d note) is amended— paragraph (3)(A) are accepting new patients care and mental health care providers— (1) by striking ‘‘Enrollments’’ and insert- under each of TRICARE Standard and (i) that currently accept TRICARE Stand- ing ‘‘(1) Except as provided in paragraph (2), TRICARE Extra. ard or TRICARE Extra beneficiaries as pa- enrollments’’; and (B) How many health care providers in geo- tients under TRICARE Standard in each (2) by adding at the end the following new graphic areas in which TRICARE Prime is TRICARE area as of the date of completion paragraph: not offered are accepting patients under each of the review; and ‘‘(2) The enrollment of a member in of TRICARE Standard and TRICARE Extra. (ii) that would accept TRICARE Standard TRICARE Standard that is in effect on the (C) The availability of mental health care or TRICARE Extra beneficiaries as new pa- day before health care under TRICARE providers in TRICARE Prime service areas tients under TRICARE Standard or Standard is provided pursuant to the effec- selected under paragraph (3)(C) and in geo- TRICARE Extra, as applicable, within a rea- tive date in subsection (g) shall not be termi- graphic areas in which TRICARE Prime is sonable time after the date of completion of nated by operation of the exclusion of eligi- not offered. the review; and bility under subsection (a)(2) of such section (2) BENCHMARKS.—The Secretary shall es- (B) the actions taken by the Department of 1076d, as so amended, for the duration of the tablish for purposes of the surveys required Defense to ensure ready access of TRICARE eligibility of the member under TRICARE by paragraph (1) benchmarks for primary Standard beneficiaries to health care and Standard as in effect on October 16, 2006.’’. care and specialty care providers, including mental health care under TRICARE Stand- (b) EFFECTIVE DATE.—The amendments mental health care providers, to be utilized ard in each TRICARE area, including any made by subsection (a) shall take effect on to determine the adequacy of the avail- pending or resolved requests for waiver of October 1, 2007. ability of health care providers to bene- payment limits in order to improve access to SEC. 707. EXTENSION OF PILOT PROGRAM FOR ficiaries eligible for TRICARE. health care or mental health care in a spe- HEALTH CARE DELIVERY. (3) SCOPE OF SURVEYS.—The Secretary shall cific geographic area. (a) EXTENSION OF DURATION OF PILOT PRO- carry out the surveys required by paragraph (2) REPORTS.—The Comptroller General GRAM.—Section 721(e) of the Ronald W. (1) as follows: shall submit to the Committees on Armed Reagan National Defense Authorization Act (A) In the case of the surveys required by Services of the Senate and the House of Rep- for Fiscal Year 2005 (Public Law 108–375; 118 subparagraph (A) of that paragraph, in at resentatives on a bi-annual basis a report on Stat. 1988; 10 U.S.C. 1092 note) is amended by least 20 TRICARE Prime service areas in the the results of the review under paragraph (1). striking ‘‘and 2007’’ and inserting ‘‘, 2007, United States in each of fiscal years 2008 Each report shall include the following: 2008, 2009, and 2010’’. through 2011. (A) An analysis of the adequacy of the sur- (b) EXTENSION OF REPORT DEADLINE.—Sec- (B) In the case of the surveys required by veys under subsection (a). tion 721(f) of such Act is amended by striking subparagraph (B) of that paragraph, in 20 ge- (B) An identification of any impediments ‘‘July 1, 2007’’ and inserting ‘‘July 1, 2010’’. ographic areas in which TRICARE Prime is to achieving adequacy of availability of (c) REVISION IN SELECTION CRITERIA.—Sec- not offered and in which significant numbers health care and mental health care under tion 721(d)(2) of such Act is amended by of beneficiaries who are members of the Se- TRICARE Standard or TRICARE Extra. striking ‘‘expected to increase over the next lected Reserve reside. (C) An assessment of the adequacy of De- five years’’ and inserting ‘‘has increased over (C) In the case of the surveys required by partment of Defense education programs to the five years preceding 2008’’. subparagraph (C) of that paragraph, in at inform health care and mental health care (d) ADDITION TO REQUIREMENTS OF PILOT least 40 geographic areas. providers about TRICARE Standard and PROGRAM.—Section 721(b) of such Act is (4) PRIORITY FOR SURVEYS.—In prioritizing TRICARE Extra. amended— the areas which are to be surveyed under (D) An assessment of the adequacy of De- (1) by striking ‘‘and’’ at the end of para- paragraph (1), the Secretary shall— partment of Defense initiatives to encourage graph (3); (A) consult with representatives of health care and mental health care providers (2) by striking the period and inserting ‘‘; TRICARE beneficiaries and health care and to accept patients under TRICARE Standard and’’ at the end of paragraph (4); and mental health care providers to identify lo- and TRICARE Extra. (3) by adding at the end the following: cations where TRICARE Standard bene- (E) An assessment of the adequacy of infor- ‘‘(5) collaborate with State and local au- ficiaries are experiencing significant levels mation available to TRICARE Standard thorities to create an arrangement to share of access-to-care problems under TRICARE beneficiaries to facilitate access by such and exchange, between the Department of Standard or TRICARE Extra; beneficiaries to health care and mental Defense and non-military health care sys- (B) give a high priority to surveying health health care under TRICARE Standard and tems, personal health information and data care and mental health care providers in TRICARE Extra. of military personnel and their families.’’. such areas; and (F) An assessment of any need for adjust- ment of health care and mental health care SEC. 708. INCLUSION OF MENTAL HEALTH CARE (C) give a high priority to surveying bene- IN DEFINITION OF HEALTH CARE ficiaries and providers located in geographic provider payment rates to attract participa- AND REPORT ON MENTAL HEALTH areas with high concentrations of members tion in TRICARE Standard by appropriate CARE SERVICES. of the Selected Reserve. numbers of health care and mental health (a) INCLUSION OF MENTAL HEALTH CARE IN (5) INFORMATION FROM PROVIDERS.—The sur- care providers. DEFINITION OF HEALTH CARE.—Section 1072 of veys required by paragraph (1) shall include (G) An assessment of the adequacy of De- title 10, United States Code, is amended by questions seeking to determine from health partment of Defense programs to inform adding at the end the following new para- care and mental health care providers the members of the Selected Reserve about the graph: following: TRICARE Reserve Select program. ‘‘(10) The term ‘health care’ includes men- (A) Whether the provider is aware of the (H) An assessment of the ability of tal health care.’’. TRICARE program. TRICARE Reserve Select beneficiaries to re- (b) REPORT ON ACCESS TO MENTAL HEALTH (B) What percentage of the provider’s cur- ceive care in their geographic area. CARE SERVICES.—Not later than one year rent patient population uses any form of (c) EFFECTIVE DATE.—This section shall after the date of the enactment of this Act, TRICARE. take effect on October 1, 2007. the Secretary of Defense shall submit to the (C) Whether the provider accepts patients (d) REPEAL OF SUPERSEDED REQUIREMENTS Committees on Armed Services of the Senate for whom payment is made under the medi- AND AUTHORITY.—Section 723 of the National and the House of Representatives a report on care program for health care and mental Defense Authorization Act for Fiscal Year the adequacy of access to mental health health care services. 2004 (10 U.S.C. 1073 note) is repealed, effective services under the TRICARE program, in- (D) If the provider accepts patients re- as of October 1, 2007. cluding in the geographic areas where sur- ferred to in subparagraph (C), whether the (e) DEFINITIONS.—In this section: veys on the continued viability of TRICARE provider would accept additional such pa- (1) The term ‘‘TRICARE Extra’’ means the Standard and TRICARE Extra are conducted tients who are not in the provider’s current option of the TRICARE program under which under section 711 of this Act. patient population. TRICARE Standard beneficiaries may obtain

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00108 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.058 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H135 discounts on cost-sharing as a result of using ity health care and hospital services in such ious States and territories with up-to-date TRICARE network providers. facilities. information on the effectiveness and poten- (2) The term ‘‘TRICARE Prime’’ means the SEC. 714. REPORT ON MEDICAL PHYSICAL EXAMI- tial allergic reactions and side effects of vac- managed care option of the TRICARE pro- NATIONS OF MEMBERS OF THE cines required to be taken by National Guard gram. ARMED FORCES BEFORE THEIR DE- members. (3) The term ‘‘TRICARE Prime service PLOYMENT. (6) An assessment of whether procedures area’’ means a geographic area designated by Not later than April 1, 2008, the Secretary are in place to provide that the Adjutants the Department of Defense in which man- of Defense shall submit to the Committees General of the various States and territories aged care support contractors develop a on Armed Services of the Senate and the retain updated medical records of each Na- managed care network under TRICARE House of Representatives a report setting tional Guard member called up for active Prime. forth the following: duty. (1) A comparison of the policies of the mili- (4) The term ‘‘TRICARE Standard’’ means SEC. 716. REVIEW OF GENDER- AND ETHNIC the option of the TRICARE program that is tary departments concerning medical phys- GROUP-SPECIFIC MENTAL HEALTH also known as the Civilian Health and Med- ical examinations of members of the Armed SERVICES AND TREATMENT FOR ical Program of the Uniformed Services, as Forces before their deployment, including an MEMBERS OF THE ARMED FORCES. defined in section 1072(4) of title 10, United identification of instances in which a mem- (a) COMPREHENSIVE REVIEW.—The Sec- States Code. ber (including a member of a reserve compo- retary of Defense shall conduct a comprehen- (5) The term ‘‘TRICARE Reserve Select’’ nent) may be required to undergo multiple sive review of— means the option of the TRICARE program physical examinations, from the time of no- (1) the need for gender- and ethnic group- that allows members of the Selected Reserve tification of an upcoming deployment specific mental health treatment and serv- to enroll in TRICARE Standard, pursuant to through the period of preparation for deploy- ices for members of the Armed Forces; and section 1076d of title 10, United States Code. ment. (2) the efficacy and adequacy of existing (6) The term ‘‘member of the Selected Re- (2) An assessment of the current policies gender- and ethnic group-specific mental serve’’ means a member of the Selected Re- related to, as well as the feasibility of, each health treatment programs and services for serve of the Ready Reserve of a reserve com- of the following: members of the Armed Forces, to include ponent of the Armed Forces. (A) A single predeployment physical exam- availability of and access to such programs. (7) The term ‘‘United States’’ means the ination for members of the Armed Forces be- (b) ELEMENTS.—The review required by United States (as defined in section 101(a) of fore their deployment. subsection (a) shall include, but not be lim- title 10, United States Code), its possessions (B) A single system for tracking electroni- ited to, an assessment of the following: (as defined in such section), and the Com- cally the results of examinations under sub- (1) The need for gender- and ethnic group- monwealth of Puerto Rico. paragraph (A) that can be shared among the specific mental health outreach, prevention, military departments and thereby eliminate and treatment services for members of the SEC. 712. REPORT ON TRAINING IN PRESERVA- TION OF REMAINS UNDER COMBAT redundancy of medical physical examina- Armed Forces. OR COMBAT-RELATED CONDITIONS. tions for members of the Armed Forces be- (2) The access to and efficacy of existing (a) REPORT REQUIRED.—The Secretary of fore their deployment. gender- and ethnic group-specific mental Defense shall submit to the Committees on SEC. 715. REPORT AND STUDY ON MULTIPLE VAC- health outreach, prevention, and treatment Armed Services of the Senate and the House CINATIONS OF MEMBERS OF THE services and programs (including substance of Representatives a report on the require- ARMED FORCES. abuse programs). ments of section 567 of the John Warner Na- (a) REPORT REQUIRED.—Not later than 90 (3) The availability of gender- and ethnic tional Defense Authorization Act for Fiscal days after the date of the enactment of this group-specific services and treatment for Year 2007 (Public Law 109–364; 120 Stat. 2224; Act, the Secretary of Defense shall submit to members of the Armed Forces who experi- 10 U.S.C. 1481 note). the Committees on Armed Services of the enced sexual assault or abuse. (b) MATTERS COVERED.—The report shall Senate and the House of Representatives a (4) The access to and need for treatment fa- include a detailed description of the imple- report on the policies of the Department of cilities focusing on the gender- and ethnic mentation of such section, including— Defense for administering and evaluating the group-specific mental health care needs of (1) where the training program is taking vaccination of members of the Armed members of the Armed Forces. place; Forces. (5) The need for further clinical research (2) who is providing the training; (b) ELEMENTS.—The report required by sub- on the gender- and ethnic group-specific (3) the number of each type of military section (a) shall include the following: needs of members of the Armed Forces who health care professional trained to date; and (1) An assessment of the Department’s served in a combat zone. (4) what the training covers. policies governing the administration of (c) REPORT.—Not later than 90 days after (c) DEADLINE.—The report required by this multiple vaccinations in a 24-hour period, in- the date of the enactment of this Act, the section shall be submitted not later than 180 cluding the procedures providing for a full Secretary of Defense shall submit to the con- days after the date of the enactment of this review of an individual’s medical history gressional defense committees a report on Act. prior to the administration of multiple vac- the review required by subsection (a). SEC. 713. REPORT ON PATIENT SATISFACTION cinations, and whether such policies and pro- SEC. 717. LICENSED MENTAL HEALTH COUN- SURVEYS. cedures differ for members of the Armed SELORS AND THE TRICARE PRO- (a) REPORT REQUIRED.—Not later than Forces on active duty and members of re- GRAM. March 1, 2008, the Secretary of Defense shall serve components. (a) REGULATIONS.—The Secretary of De- submit to the congressional defense commit- (2) An assessment of how the Department’s fense shall prescribe regulations to establish tees a report on the ongoing patient satisfac- policies on multiple vaccinations in a 24- criteria that licensed or certified mental tion surveys taking place in Department of hour period conform to current regulations health counselors shall meet in order to be Defense inpatient and outpatient settings at of the Food and Drug Administration and re- able to independently provide care to military treatment facilities. search performed or being performed by the TRICARE beneficiaries and receive payment (b) CONTENT.—The report required under Centers for Disease Control, other non-mili- under the TRICARE program for such serv- subsection (a) shall include the following: tary Federal agencies, and non-Federal insti- ices. The criteria shall include requirements (1) The types of survey questions asked. tutions on multiple vaccinations in a 24-hour for education level, licensure, certification, (2) How frequently the surveying is con- period. and clinical experience as considered appro- ducted. (3) An assessment of the Department’s pro- priate by the Secretary. (3) How often the results are analyzed and cedures for initiating investigations of (b) STUDY REQUIRED.—The Secretary of De- reported back to the treatment facilities. deaths of members of the Armed Forces in fense shall enter into a contract with the In- (4) To whom survey feedback is made which vaccinations may have played a role, stitute of Medicine of the National Academy available. including whether such investigations can be of Sciences, or another similarly qualified (5) How best practices are incorporated for requested by family members of the deceased independent academic medical organization, quality improvement. individuals. for the purpose of— (6) An analysis of the effect of inpatient (4) The number of deaths of members of the (1) conducting an independent study of the and outpatient surveys on quality improve- Armed Forces since May 18, 1998, that the credentials, preparation, and training of in- ment and a comparison of patient satisfac- Department has investigated for the poten- dividuals practicing as licensed mental tion survey programs with patient satisfac- tial role of vaccine administration, including health counselors; and tion survey programs used by other public both the number of deaths investigated that (2) making recommendations for permit- and private health care systems and organi- was alleged to have involved more than one ting licensed mental health counselors to zations. vaccine administered in a given 24-hour pe- practice independently under the TRICARE (c) USE OF REPORT INFORMATION.—The Sec- riod and the number of deaths investigated program. retary shall use information in the report as that was determined to have involved more (c) ELEMENTS OF STUDY.— the basis for a plan for improvements in pa- than one vaccine administered in a given 24- (1) EDUCATIONAL REQUIREMENTS.—The tient satisfaction surveys used to assess hour period. study required by subsection (b) shall pro- health care at military treatment facilities (5) An assessment of the procedures for vide for an assessment of the educational re- in order to ensure the provision of high qual- providing the Adjutants General of the var- quirements and curricula relevant to mental

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.058 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H136 CONGRESSIONAL RECORD — HOUSE January 16, 2008 health practice for licensed mental health and the House of Representatives a report on medical or dental positions affected recruit- counselors, including types of degrees recog- the review required by subsection (b). ing and retention of uniformed medical and nized, certification standards for graduate SEC. 718. REPORT ON FUNDING OF THE DEPART- dental personnel. programs for such profession, and recogni- MENT OF DEFENSE FOR HEALTH (E) A comparison of the full costs for the tion of undergraduate coursework for com- CARE. military medical and dental positions con- pletion of graduate degree requirements. (a) REPORT.—If the President submits to verted with the full costs for civilian med- (2) LICENSING REQUIREMENTS.—The study Congress the budget for a fiscal year under ical and dental positions, including expenses required by subsection (b) shall provide for section 1105 of title 31, United States Code, such as recruiting, salary, benefits, training, an assessment of State licensing require- and the aggregate amount included in that and any other costs the Department identi- ments for licensed mental health counselors, budget for the Department of Defense for fies. including for each level of licensure if a health care for such fiscal year is less than (F) An assessment showing that the mili- State issues more than one type of license the aggregate amount provided by Congress tary medical or dental positions converted for the profession. The assessment shall ex- for the Department for health care for the were in excess of the military medical and amine requirements in the areas of edu- preceding fiscal year, and, in the case of the dental positions needed to meet medical and cation, training, examination, continuing Department, the total allocation from the dental readiness requirements of the uni- education, and ethical standards, and shall Defense Health Program to any military de- formed services, as determined jointly by all include an evaluation of the extent to which partment is less than the total of such allo- the uniformed services. States authorize members of the licensed cation in the preceding fiscal year, the Presi- EFINITIONS.—In this section: dent shall submit to Congress a report on— (d) D mental health counselor profession to diag- (1) The term ‘‘military medical or dental (1) the reasons for the determination that nose and treat mental illnesses. position’’ means a position for the perform- LINICAL EXPERIENCE REQUIREMENTS.— inclusion of a lesser aggregate amount or al- (3) C ance of health care functions within the The study required by subsection (b) shall location to any military department is in Armed Forces held by a member of the provide for an analysis of the requirements the national interest; and Armed Forces. for clinical experience for a licensed mental (2) the anticipated effects of the inclusion (2) The term ‘‘civilian medical or dental health counselor to be recognized under reg- of such lesser aggregate amount or alloca- position’’ means a position for the perform- ulations for the TRICARE program, and rec- tion to any military department on the ac- ance of health care functions within the De- ommendations, if any, for standardization or cess to and delivery of medical and support partment of Defense held by an employee of adjustment of such requirements. services to members of the Armed Forces the Department or of a contractor of the De- (4) INDEPENDENT PRACTICE UNDER OTHER and their family members. partment. FEDERAL PROGRAMS.—The study required by (b) TERMINATION.—The section shall not be (3) The term ‘‘uniformed services’’ has the subsection (b) shall provide for an assess- in effect after December 31, 2017. meaning given that term in section 1072(1) of ment of the extent to which licensed mental Subtitle C—Other Matters title 10, United States Code. health counselors are authorized to practice SEC. 721. PROHIBITION ON CONVERSION OF MILI- (4) The term ‘‘conversion’’, with respect to independently under other Federal programs TARY MEDICAL AND DENTAL POSI- a military medical or dental position, means (such as the Medicare program, the Depart- TIONS TO CIVILIAN MEDICAL AND a change of the position to a civilian medical ment of Veterans Affairs, the Indian Health DENTAL POSITIONS. or dental position, effective as of the date of Service, and Head Start), and a review of the (a) PROHIBITION.—The Secretary of a mili- the manning authorization document of the relationship, if any, between recognition of tary department may not convert any mili- military department making the change mental health professions under the Medi- tary medical or dental position to a civilian (through a change in designation from mili- care program and independent practice au- medical or dental position during the period tary to civilian in the document, the elimi- thority for such profession under the beginning on October 1, 2007, and ending on nation of the listing of the position as a mili- TRICARE program. September 30, 2012. tary position in the document, or through (5) INDEPENDENT PRACTICE UNDER FEHBP.— (b) RESTORATION OF CERTAIN POSITIONS TO any other means indicating the change in The study required by subsection (b) shall MILITARY POSITIONS.—In the case of any the document or otherwise). provide for an assessment of the extent to military medical or dental position that is which licensed mental health counselors are converted to a civilian medical or dental po- (e) REPEAL.—Section 742 of the John War- authorized to practice independently under sition during the period beginning on Octo- ner National Defense Authorization Act for the Federal Employee Health Benefits Pro- ber 1, 2004, and ending on September 30, 2008, Fiscal Year 2007 (Public Law 109–364; 120 gram and private insurance plans. The as- if the position is not filled by a civilian by Stat. 2306) is repealed. sessment shall identify the States having September 30, 2008, the Secretary of the mili- SEC. 722. ESTABLISHMENT OF JOINT PATHOLOGY laws requiring private insurers to cover, or tary department concerned shall restore the CENTER. position to a military medical or dental posi- offer coverage of, the services of members of (a) FINDINGS.—Congress makes the fol- tion that can be filled only by a member of licensed mental health counselors and shall lowing findings: the Armed Forces who is a health profes- identify the conditions, if any, that are (1) The Secretary of Defense proposed to sional. placed on coverage of practitioners under the disestablish all elements of the Armed (c) REPORT.— profession by insurance plans and how fre- Forces Institute of Pathology, except the (1) REQUIREMENT.—The Secretary of De- quently these types of conditions are used by fense shall submit to the congressional de- National Medical Museum and the Tissue Re- insurers. fense committees a report on conversions pository, as part of the recommendations of (6) HISTORICAL REVIEW OF REGULATIONS.— made during fiscal year 2007 not later than the Secretary for the closure of Walter Reed The study required by subsection (b) shall 180 days after the enactment of this Act. Army Medical Center in the 2005 round of de- provide for a review of the history of regula- fense base closure and realignment. (2) MATTERS COVERED.—The report shall in- tions prescribed by the Department of De- clude the following: (2) The Defense Base Closure and Realign- fense regarding which members of the men- (A) The number of military medical or den- ment Commission altered, but did not reject, tal health profession are recognized as pro- tal positions, by grade or band and specialty, the proposal of the Secretary of Defense to viders under the TRICARE program as inde- converted to civilian medical or dental posi- disestablish the Armed Forces Institute of pendent practitioners, and an examination of tions. Pathology. the recognition by the Department of third- (B) The results of a market survey in each (3) The Commission’s recommendation party certification for members of such pro- affected area of the availability of civilian that the Armed Forces Institute of fession. medical and dental care providers in such Pathology’s ‘‘capabilities not specified in (7) CLINICAL CAPABILITIES STUDIES.—The area in order to determine whether there this recommendation will be absorbed into study required by subsection (b) shall in- were civilian medical and dental care pro- other DOD, Federal, or civilian facilities’’ clude a review of outcome studies and of the viders available in such area adequate to fill provides the flexibility to retain a Joint Pa- literature regarding the comparative quality the civilian positions created by the conver- thology Center as a Department of Defense and effectiveness of care provided by licensed sion of military medical and dental positions or Federal entity. mental health counselors and provide an to civilian positions in such area. (b) SENSE OF CONGRESS.—It is the sense of independent review of the findings. Congress that the Armed Forces Institute of (d) RECOMMENDATIONS FOR TRICARE INDE- (C) An analysis, by affected area, showing Pathology has provided important medical PENDENT PRACTICE AUTHORITY.—The rec- the extent to which access to health care and benefits to the Armed Forces and to the ommendations provided under subsection cost of health care was affected in both the United States and that the Federal Govern- (b)(2) shall include recommendations regard- direct care and purchased care systems, in- ing modifications of current policy for the cluding an assessment of the effect of any in- ment should retain a Joint Pathology Cen- TRICARE program with respect to allowing creased shifts in patient load from the direct ter. licensed mental health counselors to prac- care to the purchased care system, or any (c) ESTABLISHMENT.— tice independently under the TRICARE pro- delays in receipt of care in either the direct (1) ESTABLISHMENT REQUIRED.—The Presi- gram. or purchased care system because of the con- dent shall establish and maintain a Joint Pa- (e) REPORT.—Not later than March 1, 2009, versions. thology Center that shall function as the ref- the Secretary of Defense shall submit to the (D) The extent to which military medical erence center in pathology for the Federal Committees on Armed Services of the Senate and dental positions converted to civilian Government.

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(2) ESTABLISHMENT WITHIN DOD.—Except as Sec. 817. Investment strategy for major de- Sec. 855. Federal acquisition workforce im- provided in paragraph (3), the Joint Pathol- fense acquisition programs. provements. ogy Center shall be established in the De- Sec. 818. Report on implementation of rec- Subtitle F—Contracts in Iraq and partment of Defense, consistent with the ommendations on total owner- Afghanistan ship cost for major weapon sys- final recommendations of the 2005 Defense Sec. 861. Memorandum of understanding on tems. Base Closure and Realignment Commission, matters relating to con- as approved by the President. Subtitle C—Amendments to General Con- tracting. (3) ESTABLISHMENT IN ANOTHER DEPART- tracting Authorities, Procedures, and Lim- Sec. 862. Contractors performing private se- MENT.—If the President makes a determina- itations curity functions in areas of tion, within 180 days after the date of the en- Sec. 821. Plan for restricting Government- combat operations. actment of this Act, that the Joint Pathol- unique contract clauses on Sec. 863. Comptroller General reviews and ogy Center cannot be established in the De- commercial contracts. reports on contracting in Iraq partment of Defense, the Joint Pathology Sec. 822. Extension of authority for use of and Afghanistan. Center shall be established as an element of simplified acquisition proce- Sec. 864. Definitions and other general pro- a Federal agency other than the Department dures for certain commercial visions. of Defense. The President shall incorporate items. Subtitle G—Defense Materiel Readiness the selection of such agency into the deter- Sec. 823. Five-year extension of authority to Board mination made under this paragraph. carry out certain prototype (d) SERVICES.—The Joint Pathology Center Sec. 871. Establishment of Defense Materiel projects. shall provide, at a minimum, the following: Readiness Board. Sec. 824. Exemption of Special Operations (1) Diagnostic pathology consultation serv- Sec. 872. Critical materiel readiness short- Command from certain require- ices in medicine, dentistry, and veterinary falls. ments for certain contracts re- sciences. Subtitle H—Other Matters lating to vessels, aircraft, and (2) Pathology education, to include grad- combat vehicles. Sec. 881. Clearinghouse for rapid identifica- uate medical education, including residency Sec. 825. Provision of authority to maintain tion and dissemination of com- and fellowship programs, and continuing equipment to unified combat- mercial information tech- medical education. ant command for joint nologies. (3) Diagnostic pathology research. warfighting. Sec. 882. Authority to license certain mili- (4) Maintenance and continued moderniza- Sec. 826. Market research. tary designations and tion of the Tissue Repository and, as appro- Sec. 827. Modification of competition re- likenesses of weapons systems priate, utilization of the Repository in con- quirements for purchases from to toy and hobby manufactur- ducting the activities described in para- Federal Prison Industries. ers. graphs (1) through (3). Sec. 828. Multiyear contract authority for Sec. 883. Modifications to limitation on con- TITLE VIII—ACQUISITION POLICY, ACQUI- electricity from renewable en- tracts to acquire military flight SITION MANAGEMENT, AND RELATED ergy sources. simulator. MATTERS Sec. 829. Procurement of fire resistant rayon Sec. 884. Requirements relating to waivers Sec. 800. Short title. fiber for the production of uni- of certain domestic source limi- Subtitle A—Acquisition Policy and forms from foreign sources. tations relating to specialty Management Sec. 830. Comptroller General review of non- metals. competitive awards of congres- Sec. 885. Telephone services for military Sec. 801. Internal controls for procurements personnel serving in combat on behalf of the Department of sional and executive branch in- terest items. zones. Defense by certain non-Defense Sec. 886. Enhanced authority to acquire Subtitle D—Accountability in Contracting agencies. products and services produced Sec. 802. Lead systems integrators. Sec. 841. Commission on Wartime Con- in Iraq and Afghanistan. Sec. 803. Reinvestment in domestic sources tracting in Iraq and Afghani- Sec. 887. Defense Science Board review of of strategic materials. stan. Department of Defense policies Sec. 804. Clarification of the protection of Sec. 842. Investigation of waste, fraud, and and procedures for the acquisi- strategic materials critical to abuse in wartime contracts and tion of information technology. national security. contracting processes in Iraq Sec. 888. Green procurement policy. Sec. 805. Procurement of commercial serv- and Afghanistan. Sec. 889. Comptroller General review of use ices. Sec. 843. Enhanced competition require- of authority under the Defense Sec. 806. Specification of amounts requested ments for task and delivery for procurement of contract Production Act of 1950. order contracts. Sec. 890. Prevention of export control viola- services. Sec. 844. Public disclosure of justification Sec. 807. Inventories and reviews of con- tions. and approval documents for tracts for services. Sec. 891. Procurement goal for Native Ha- noncompetitive contracts. Sec. 808. Independent management reviews waiian-serving institutions and Sec. 845. Disclosure of government con- of contracts for services. Alaska Native-serving institu- Sec. 809. Implementation and enforcement tractor audit findings. tions. of requirements applicable to Sec. 846. Protection for contractor employ- Sec. 892. Competition for procurement of undefinitized contractual ac- ees from reprisal for disclosure small arms supplied to Iraq and tions. of certain information. Afghanistan. Sec. 810. Clarification of limited acquisition Sec. 847. Requirements for senior Depart- SEC. 800. SHORT TITLE. authority for Special Oper- ment of Defense officials seek- This title may be cited as the ‘‘Acquisition ations Command. ing employment with defense Improvement and Accountability Act of contractors. Subtitle B—Provisions Relating to Major 2007’’. Sec. 848. Report on contractor ethics pro- Defense Acquisition Programs grams of Major Defense con- Subtitle A—Acquisition Policy and Sec. 811. Requirements applicable to tractors. Management multiyear contracts for the Sec. 849. Contingency contracting training SEC. 801. INTERNAL CONTROLS FOR PROCURE- procurement of major systems for personnel outside the acqui- MENTS ON BEHALF OF THE DEPART- of the Department of Defense. sition workforce and evalua- MENT OF DEFENSE BY CERTAIN NON-DEFENSE AGENCIES. Sec. 812. Changes to Milestone B certifi- tions of Army Commission rec- (a) INSPECTORS GENERAL REVIEWS AND DE- cations. ommendations. Sec. 813. Comptroller General report on De- TERMINATIONS.— partment of Defense organiza- Subtitle E—Acquisition Workforce (1) IN GENERAL.—For each covered non-de- tion and structure for major de- Provisions fense agency, the Inspector General of the fense acquisition programs. Sec. 851. Requirement for section on defense Department of Defense and the Inspector Sec. 814. Clarification of submission of cost acquisition workforce in stra- General of such covered non-defense agency or pricing data on noncommer- tegic human capital plan. shall, not later than the date specified in cial modifications of commer- Sec. 852. Department of Defense Acquisition paragraph (2), jointly— cial items. Workforce Development Fund. (A) review— Sec. 815. Clarification of rules regarding the Sec. 853. Extension of authority to fill short- (i) the procurement policies, procedures, procurement of commercial age category positions for cer- and internal controls of such covered non-de- items. tain Federal acquisition posi- fense agency that are applicable to the pro- Sec. 816. Review of systemic deficiencies on tions. curement of property and services on behalf major defense acquisition pro- Sec. 854. Repeal of sunset of acquisition of the Department by such covered non-de- grams. workforce training fund. fense agency; and

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00111 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.058 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H138 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (ii) the administration of such policies, randum of understanding is required by sub- applicable to the procurement of products procedures, and internal controls; and section (a)(4), the Inspector General of the and services on behalf of the Department of (B) determine in writing whether such cov- Department of Defense and the Inspector Defense, and the manner in which they are ered non-defense agency is or is not compli- General of the covered non-defense agency administered, are adequate to ensure the ant with defense procurement requirements. have entered into such a memorandum of un- compliance of the non-defense agency with (2) DEADLINE FOR REVIEWS AND DETERMINA- derstanding; or the requirements of laws and regulations (in- TIONS.—The reviews and determinations re- (ii) a procurement by a covered non-de- cluding applicable Department of Defense fi- quired by paragraph (1) shall take place as fense agency in a fiscal year following the nancial management regulations) that apply follows: Inspectors General review and determination to procurements of property and services (A) In the case of the General Services Ad- required by subsection (a), the Inspectors made directly by the Department of Defense. ministration, by not later than March 15, General have determined that a covered non- (e) TREATMENT OF PROCUREMENTS FOR FIS- 2010. defense agency is compliant with defense CAL YEAR PURPOSES.—For the purposes of (B) In the case of each of the Department procurement requirements or have termi- this section, a procurement shall be treated of the Treasury, the Department of the Inte- nated a prior determination of non-compli- as being made during a particular fiscal year rior, and the National Aeronautics and Space ance in accordance with subsection (a)(5); to the extent that funds are obligated by the Administration, by not later than March 15, and Department of Defense for the procurement 2011. (C) the procurement is not otherwise pro- in that fiscal year. (C) In the case of each of the Department hibited by section 817 of the John Warner (f) DEFINITIONS.—In this section: of Veterans Affairs and the National Insti- National Defense Authorization Act for Fis- (1) NON-DEFENSE AGENCY.—The term ‘‘non- tutes of Health, by not later than March 15, cal Year 2007 (Public Law 109–364) or section defense agency’’ means any department or 2012. 811 of the National Defense Authorization agency of the Federal Government other (3) SEPARATE REVIEWS AND DETERMINA- Act for Fiscal Year 2006 (Public Law 109–163). than the Department of Defense. Such term TIONS.—The Inspector General of the Depart- (2) EXCEPTION FOR PROCUREMENTS OF NEC- includes a covered non-defense agency. OVERED NON DEFENSE AGENCY ment of Defense and the Inspector General of ESSARY PROPERTY AND SERVICES.— (2) C - .—The a covered non-defense agency may by joint (A) IN GENERAL.—The limitation in para- term ‘‘covered non-defense agency’’ means agreement conduct separate reviews of the graph (1) shall not apply to the procurement each of the following: procurement of property and services on be- of property and services on behalf of the De- (A) The General Services Administration. half of the Department of Defense that are partment of Defense by a non-defense agency (B) The Department of the Treasury. conducted by separate business units, or during any fiscal year for which there is in (C) The Department of the Interior. under separate government-wide acquisition effect a written determination of the Under (D) The National Aeronautics and Space contracts, of the covered non-defense agency. Secretary of Defense for Acquisition, Tech- Administration. If such separate reviews are conducted, the nology, and Logistics that it is necessary in (E) The Department of Veterans Affairs. Inspectors General shall make a separate de- the interest of the Department of Defense to (F) The National Institutes of Health. termination under paragraph (1)(B) with re- procure property and services through the (3) GOVERNMENT-WIDE ACQUISITION CON- spect to each such separate review. non-defense agency during such fiscal year. TRACT.—The term ‘‘government-wide acquisi- tion contract’’ means a task or delivery (4) MEMORANDA OF UNDERSTANDING FOR RE- (B) SCOPE OF PARTICULAR EXCEPTION.—A VIEWS AND DETERMINATIONS.—Not later than written determination with respect to a non- order contract that— one year before a review and determination defense agency under subparagraph (A) shall (A) is entered into by a non-defense agen- is required under this subsection with re- apply to any category of procurements cy; and spect to a covered non-defense agency, the through the non-defense agency that is spec- (B) may be used as the contract under Inspector General of the Department of De- ified in the determination. which property or services are procured for fense and the Inspector General of the cov- (c) GUIDANCE ON INTERAGENCY CON- one or more other departments or agencies ered non-defense agency shall enter into a TRACTING.— of the Federal Government. memorandum of understanding with each (1) REQUIREMENT.—Not later than 180 days (4) SIMPLIFIED ACQUISITION THRESHOLD.— other to carry out such review and deter- after the date of enactment of this Act, the The term ‘‘simplified acquisition threshold’’ mination. Secretary of Defense shall issue guidance on has the meaning provided by section 2302(7) (5) TERMINATION OF NON-COMPLIANCE DETER- the use of interagency contracting by the of title 10, United States Code. MINATION.—If the Inspector General of the Department of Defense. (5) INTERAGENCY CONTRACTING.—The term Department of Defense and the Inspector (2) MATTERS COVERED.—The guidance re- ‘‘interagency contracting’’ means the exer- General of a covered non-defense agency de- quired by paragraph (1) shall address the cir- cise of the authority under section 1535 of termine, pursuant to paragraph (1)(B), that a cumstances in which it is appropriate for De- title 31, United States Code, or other statu- covered non-defense agency is not compliant partment of Defense acquisition officials to tory authority, for Federal agencies to pur- with defense procurement requirements, the procure goods or services through a contract chase goods and services under contracts en- Inspectors General shall terminate such a entered into by an agency outside the De- tered into or administered by other agencies. determination effective on the date on which partment of Defense. At a minimum, the (6) ACQUISITION OFFICIAL.—The term ‘‘ac- the Inspectors General jointly— guidance shall address— quisition official’’, with respect to the De- (A) determine that the non-defense agency (A) the circumstances in which it is appro- partment of Defense, means— is compliant with defense procurement re- priate for such acquisition officials to use di- (A) a contracting officer of the Department quirements; and rect acquisitions; of Defense; or (B) notify the Secretary of Defense of that (B) the circumstances in which it is appro- (B) any other Department of Defense offi- determination. priate for such acquisition officials to use as- cial authorized to approve a direct acquisi- (6) RESOLUTION OF DISAGREEMENTS.—If the sisted acquisitions; tion or an assisted acquisition on behalf of Inspector General of the Department of De- (C) the circumstances in which it is appro- the Department of Defense. fense and the Inspector General of a covered priate for such acquisition officials to use (7) DIRECT ACQUISITION.—The term ‘‘direct non-defense agency are unable to agree on a interagency contracting to acquire items acquisition’’, with respect to the Department joint determination under this subsection, a unique to the Department of Defense and the of Defense, means the type of interagency determination by the Inspector General of procedures for approving such interagency contracting through which the Department the Department of Defense under this sub- contracting; of Defense orders an item or service from a section shall be conclusive for the purposes (D) the circumstances in which it is appro- government-wide acquisition contract main- of this section. priate for such acquisition officials to use tained by a non-defense agency. (b) LIMITATION ON PROCUREMENTS ON BE- interagency contracting to acquire items (8) ASSISTED ACQUISITION.—The term ‘‘as- HALF OF DEPARTMENT OF DEFENSE.— that are already being provided under a con- sisted acquisition’’, with respect to the De- (1) Except as provided in paragraph (2), an tract awarded by the Department of Defense; partment of Defense, means the type of acquisition official of the Department of De- (E) tools that should be used by such ac- interagency contracting through which ac- fense may place an order, make a purchase, quisition officials to determine whether quisition officials of a non-defense agency or otherwise procure property or services for items are already being provided under a award a contract or task or delivery order the Department of Defense in excess of the contract awarded by the Department of De- for the procurement of goods or services on simplified acquisition threshold through a fense; and behalf of the Department of Defense. non-defense agency only if— (F) procedures for ensuring that defense SEC. 802. LEAD SYSTEMS INTEGRATORS. (A) in the case of a procurement by any procurement requirements are identified and (a) PROHIBITIONS ON THE USE OF LEAD SYS- non-defense agency in any fiscal year, the communicated to outside agencies involved TEMS INTEGRATORS.— head of the non-defense agency has certified in interagency contracting. (1) PROHIBITION ON NEW LEAD SYSTEMS INTE- that the non-defense agency will comply (d) COMPLIANCE WITH DEFENSE PROCURE- GRATORS.—Effective October 1, 2010, the De- with defense procurement requirements for MENT REQUIREMENTS.—For the purposes of partment of Defense may not award a new the fiscal year; this section, a non-defense agency is compli- contract for lead systems integrator func- (B) in the case of— ant with defense procurement requirements tions in the acquisition of a major system to (i) a procurement by a covered non-defense if the procurement policies, procedures, and any entity that was not performing lead sys- agency in a fiscal year for which a memo- internal controls of the non-defense agency tems integrator functions in the acquisition

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of the major system prior to the date of the (1) LEAD SYSTEMS INTEGRATOR.—The term to acquisitions of commercial items, not- enactment of this Act. ‘‘lead systems integrator’’ means— withstanding sections 34 and 35 of the Office (2) PROHIBITION ON LEAD SYSTEMS INTEGRA- (A) a prime contractor for the development of Federal Procurement Policy Act (41 U.S.C. TORS BEYOND LOW-RATE INITIAL PRODUCTION.— or production of a major system, if the prime 430 and 431). Effective on the date of the enactment of contractor is not expected at the time of ‘‘(2) This section does not apply to con- this Act, the Department of Defense may award to perform a substantial portion of tracts or subcontracts for the acquisition of award a new contract for lead systems inte- the work on the system and the major sub- commercially available off-the-shelf items, grator functions in the acquisition of a systems; or as defined in section 35(c) of the Office of major system only if— (B) a prime contractor under a contract for Federal Procurement Policy Act (41 U.S.C. (A) the major system has not yet pro- the procurement of services the primary pur- 431(c)), other than— ceeded beyond low-rate initial production; or pose of which is to perform acquisition func- ‘‘(A) contracts or subcontracts for the ac- (B) the Secretary of Defense determines in tions closely associated with inherently gov- quisition of specialty metals, including mill writing that it would not be practicable to ernmental functions with respect to the de- products, such as bar, billet, slab, wire, plate carry out the acquisition without continuing velopment or production of a major system. and sheet, that have not been incorporated to use a contractor to perform lead systems (2) MAJOR SYSTEM.—The term ‘‘major sys- into end items, subsystems, assemblies, or integrator functions and that doing so is in tem’’ has the meaning given such term in components; the best interest of the Department. section 2302d of title 10, United States Code. ‘‘(B) contracts or subcontracts for the ac- (3) REQUIREMENTS RELATING TO DETERMINA- (3) LOW-RATE INITIAL PRODUCTION.—The quisition of forgings or castings of specialty TIONS.—A determination under paragraph term ‘‘low-rate initial production’’ has the metals, unless such forgings or castings are (2)(B)— meaning given such term in section 2400 of incorporated into commercially available (A) shall specify the reasons why it would title 10, United States Code. off-the-shelf end items, subsystems, or as- not be practicable to carry out the acquisi- SEC. 803. REINVESTMENT IN DOMESTIC SOURCES semblies; tion without continuing to use a contractor OF STRATEGIC MATERIALS. ‘‘(C) contracts or subcontracts for commer- to perform lead systems integrator functions (a) ASSESSMENT REQUIRED.—Not later than cially available high performance magnets (including a discussion of alternatives, such 180 days after the date of the enactment of unless such high performance magnets are as the use of the Department of Defense this Act, the Strategic Materials Protection incorporated into commercially available workforce, or a system engineering and tech- Board established pursuant to section 187 of off-the-shelf-end items or subsystems; and nical assistance contractor); title 10, United States Code, shall perform an ‘‘(D) contracts or subcontracts for com- (B) shall include a plan for phasing out the assessment of the extent to which domestic mercially available off-the-shelf fasteners, use of contracted lead systems integrator producers of strategic materials are invest- unless such fasteners are— functions over the shortest period of time ing and planning to invest on a sustained ‘‘(i) incorporated into commercially avail- consistent with the interest of the national basis in the processes, infrastructure, work- able off-the-shelf end items, subsystems, as- defense; force training, and facilities required for the semblies, or components; or (C) may not be delegated below the level of continued domestic production of such mate- ‘‘(ii) purchased as provided in paragraph the Under Secretary of Defense for Acquisi- rials to meet national defense requirements. (3). tion, Technology, and Logistics; and (b) COOPERATION OF DOMESTIC PRO- ‘‘(3) This section does not apply to fas- (D) shall be provided to the Committees on DUCERS.—The Department of Defense may teners that are commercial items that are purchased under a contract or subcontract Armed Services of the Senate and the House take into consideration the degree of co- with a manufacturer of such fasteners, if the of Representatives at least 45 days before the operation of any domestic producer of stra- manufacturer has certified that it will pur- award of a contract pursuant to the deter- tegic materials with the assessment con- chase, during the relevant calendar year, an mination. ducted under subsection (a) when deter- mining how much weight to accord any com- amount of domestically melted specialty (b) ACQUISITION WORKFORCE.— metal, in the required form, for use in the (1) REQUIREMENT.—The Secretary of De- ments provided by such domestic producer regarding a proposed waiver of domestic production of such fasteners for sale to the fense shall ensure that the acquisition work- Department of Defense and other customers, source limitations pursuant to section 2533b force is of the appropriate size and skill level that is not less than 50 percent of the total of title 10, United States Code. necessary— amount of the specialty metal that it will (c) REPORT TO CONGRESSIONAL DEFENSE (A) to accomplish inherently governmental purchase to carry out the production of such COMMITTEES.—The Board shall include the functions related to acquisition of major sys- fasteners.’’. findings and recommendations of the assess- tems; and (c) ELECTRONIC COMPONENTS.—Subsection (B) to effectuate the purpose of subsection ment required by subsection (a) in the first (g) of such section is amended by striking (a) to minimize and eventually eliminate the report submitted to Congress pursuant to ‘‘commercially available’’ and all that fol- use of contractors to perform lead systems section 187(d) of title 10, United States Code, lows through the end of the subsection and integrator functions. after the completion of such assessment. inserting ‘‘electronic components, unless the (d) DEFINITION.—The term ‘‘strategic mate- (2) REPORT.—The Secretary shall include Secretary of Defense, upon the recommenda- rial’’ means— an update on the progress made in complying tion of the Strategic Materials Protection (1) a material designated as critical to na- with paragraph (1) in the annual report re- Board pursuant to section 187 of this title, tional security by the Strategic Materials quired by section 820 of the John Warner Na- determines that the domestic availability of Protection Board in accordance with section tional Defense Authorization Act for Fiscal a particular electronic component is critical 187 of title 10, United States Code; or Year 2007 (Public Law 109–364; 120 Stat. 2330). to national security.’’. (2) a specialty metal as defined by section (c) EXCEPTION FOR CONTRACTS FOR OTHER (d) ADDITIONAL EXCEPTIONS.—Section 2533b 2533b of title 10, United States Code. of title 10, United States Code, as amended MANAGEMENT SERVICES.—The Department of SEC. 804. CLARIFICATION OF THE PROTECTION by subsections (a), (b), and (c), is further Defense may continue to award contracts for OF STRATEGIC MATERIALS CRIT- the procurement of services the primary pur- amended— ICAL TO NATIONAL SECURITY. (1) by redesignating subsections (i) and (j) pose of which is to perform acquisition sup- (a) PROHIBITION.—Subsection (a) of section port functions with respect to the develop- as subsections (l) and (m), respectively; and 2533b of title 10, United States Code, is (2) by inserting after subsection (h) the fol- ment or production of a major system, if the amended— following conditions are met with respect to lowing new subsections: (1) by striking ‘‘Except as provided in sub- ‘‘(i) EXCEPTIONS FOR PURCHASES OF SPE- each such contract: sections (b) through (j), funds appropriated CIALTY METALS BELOW MINIMUM THRESH- (1) The contract prohibits the contractor or otherwise available to the Department of OLD.—(1) Notwithstanding subsection (a), the from performing inherently governmental Defense may not be used for the procurement Secretary of Defense or the Secretary of a functions. of—’’ and inserting ‘‘Except as provided in military department may accept delivery of (2) The Department of Defense organiza- subsections (b) through (m), the acquisition an item containing specialty metals that tion responsible for the development or pro- by the Department of Defense of the fol- were not melted in the United States if the duction of the major system ensures that lowing items is prohibited:’’; total amount of noncompliant specialty met- Federal employees are responsible for— (2) in paragraph (1)— als in the item does not exceed 2 percent of (A) determining courses of action to be (A) by striking ‘‘the following’’ and insert- the total weight of specialty metals in the taken in the best interest of the government; ing ‘‘The following’’; and item. and (B) by striking ‘‘; or’’ and inserting a pe- ‘‘(2) This subsection does not apply to high (B) determining best technical perform- riod; and performance magnets. ance for the warfighter. (3) in paragraph (2), by striking ‘‘a spe- ‘‘(j) STREAMLINED COMPLIANCE FOR COM- (3) The contract requires that the prime ciality’’ and inserting ‘‘A specialty’’. MERCIAL DERIVATIVE MILITARY ARTICLES.—(1) contractor for the contract may not advise (b) APPLICABILITY TO ACQUISITION OF COM- Subsection (a) shall not apply to an item ac- or recommend the award of a contract or MERCIAL ITEMS.—Subsection (h) of such sec- quired under a prime contract if the Sec- subcontract for the development or produc- tion is amended to read as follows: retary of Defense or the Secretary of a mili- tion of the major system to an entity owned ‘‘(h) APPLICABILITY TO ACQUISITIONS OF tary department determines that— in whole or in part by the prime contractor. COMMERCIAL ITEMS.—(1) Except as provided ‘‘(A) the item is a commercial derivative (d) DEFINITIONS.—In this section: in paragraphs (2) and (3), this section applies military article; and

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.058 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H140 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(B) the contractor certifies that the con- ‘‘(A) a finished end item delivered to the port on the use of authority provided under tractor and its subcontractors have entered Department of Defense; or subsection (h) of section 2533b of title 10, into a contractual agreement, or agree- ‘‘(B) a finished component assembled into United States Code, as amended by this sec- ments, to purchase an amount of domesti- an end item delivered to the Department of tion. Such report shall include, at a min- cally melted specialty metal in the required Defense. imum, a description of types of items being form, for use during the period of contract ‘‘(5) The term ‘commercially available off- procured as commercially available off-the- performance in the production of the com- the-shelf’, has the meaning provided in sec- shelf items under such subsection and incor- mercial derivative military article and the tion 35(c) of the Office of Federal Procure- porated into noncommercial items. The Sec- related commercial article, that is not less ment Policy Act (41 U.S.C. 431(c)). retary shall submit an update of such report than the greater of— ‘‘(6) The term ‘assemblies’ means items to such committees not later than December ‘‘(i) an amount equivalent to 120 percent of forming a portion of a system or subsystem 30, 2009. the amount of specialty metal that is re- that can be provisioned and replaced as an SEC. 805. PROCUREMENT OF COMMERCIAL SERV- quired to carry out the production of the entity and which incorporates multiple, re- ICES. commercial derivative military article (in- placeable parts. (a) REGULATIONS REQUIRED.—Not later cluding the work performed under each sub- ‘‘(7) The term ‘commercial derivative mili- than 180 days after the date of the enactment contract); or tary article’ means an item procured by the of this Act , the Secretary of Defense shall ‘‘(ii) an amount equivalent to 50 percent of Department of Defense that is or will be pro- modify the regulations of the Department of the amount of specialty metal that is pur- duced using the same production facilities, a Defense for the procurement of commercial chased by the contractor and its subcontrac- common supply chain, and the same or simi- services for or on behalf of the Department tors for use during such period in the produc- lar production processes that are used for of Defense. tion of the commercial derivative military the production of articles predominantly (b) APPLICABILITY OF COMMERCIAL PROCE- article and the related commercial article. used by the general public or by nongovern- DURES.— ‘‘(2) For the purposes of this subsection, mental entities for purposes other than gov- the amount of specialty metal that is re- (1) SERVICES OF A TYPE SOLD IN MARKET- ernmental purposes. PLACE.—The regulations modified pursuant quired to carry out the production of the ‘‘(8) The term ‘subsystem’ means a func- commercial derivative military article in- to subsection (a) shall ensure that services tional grouping of items that combine to cludes specialty metal contained in any that are not offered and sold competitively perform a major function within an end item, including commercially available off- in substantial quantities in the commercial item, such as electrical power, attitude con- the-shelf items, incorporated into such com- marketplace, but are of a type offered and trol, and propulsion. mercial derivative military article. sold competitively in substantial quantities ‘‘(k) NATIONAL SECURITY WAIVER.—(1) Not- ‘‘(9) The term ‘end item’ means the final in the commercial marketplace, may be withstanding subsection (a), the Secretary of production product when assembled or com- treated as commercial items for purposes of Defense may accept the delivery of an end pleted, and ready for issue, delivery, or de- section 2306a of title 10, United States Code item containing noncompliant materials if ployment. (relating to truth in negotiations), only if the Secretary determines in writing that ac- ‘‘(10) The term ‘subcontract’ includes a the contracting officer determines in writing ceptance of such end item is necessary to the subcontract at any tier.’’. that the offeror has submitted sufficient in- national security interests of the United (f) CONFORMING AMENDMENTS.—Section formation to evaluate, through price anal- States. 2533b of title 10, United States Code, is fur- ysis, the reasonableness of the price for such ‘‘(2) A written determination under para- ther amended— services. graph (1)— (1) in subsection (c)— (2) INFORMATION SUBMITTED.—To the extent ‘‘(A) may not be delegated below the level (A) in the heading, by striking ‘‘PROCURE- necessary to make a determination under of the Deputy Secretary of Defense or the MENTS’’ and inserting ‘‘ACQUISITIONS’’; and paragraph (1), the contracting officer may Under Secretary of Defense for Acquisition, (B) in paragraphs (1) and (2), by striking request the offeror to submit— Technology, and Logistics; ‘‘Procurements’’ and inserting ‘‘Acquisi- (A) prices paid for the same or similar ‘‘(B) shall specify the quantity of end items tions’’; commercial items under comparable terms to which the waiver applies and the time pe- (2) in subsection (d), by striking ‘‘procure- and conditions by both government and com- riod over which the waiver applies; and ment’’ each place it appears and inserting mercial customers; and ‘‘(C) shall be provided to the congressional ‘‘acquisition’’; and (B) if the contracting officer determines defense committees prior to making such a (3) in subsections (f) and (g), by striking that the information described in subpara- determination (except that in the case of an ‘‘procurements’’ each place it appears and in- graph (A) is not sufficient to determine the urgent national security requirement, such serting ‘‘acquisitions’’. reasonableness of price, other relevant infor- (g) IMPLEMENTATION.—Not later than 120 certification may be provided to the defense mation regarding the basis for price or cost, days after the date of the enactment of this committees up to 7 days after it is made). including information on labor costs, mate- Act, the Secretary of Defense shall prescribe ‘‘(3)(A) In any case in which the Secretary rial costs, and overhead rates. regulations on the implementation of this makes a determination under paragraph (1), (c) TIME-AND-MATERIALS CONTRACTS.— the Secretary shall determine whether or section and the amendments made by this (1) COMMERCIAL ITEM ACQUISITIONS.—The section, including specific guidance on how not the noncompliance was knowing and regulations modified pursuant to subsection thresholds established in subsections (h)(3), willful. (a) shall ensure that procedures applicable to ‘‘(B) If the Secretary determines that the (i) and (j) of section 2533b of title 10, United time-and-materials contracts and labor-hour noncompliance was not knowing or willful, States Code, as amended by this section, the Secretary shall ensure that the con- should be implemented. contracts for commercial item acquisitions tractor or subcontractor responsible for the (h) REVISION OF DOMESTIC NONAVAILABILITY may be used only for the following: noncompliance develops and implements an DETERMINATIONS AND RULES.—No later than (A) Services procured for support of a com- effective plan to ensure future compliance. 180 days after the date of the enactment of mercial item, as described in section 4(12)(E) ‘‘(C) If the Secretary determines that the this Act, any domestic nonavailability deter- of the Office of Federal Procurement Policy noncompliance was knowing or willful, the mination under section 2533b of title 10, Act (41 U.S.C. 403(12)(E)). Secretary shall— United States Code, including a class devi- (B) Emergency repair services. ‘‘(i) require the development and imple- ation, or rules made by the Department of (C) Any other commercial services only to mentation of a plan to ensure future compli- Defense between December 6, 2006, and the the extent that the head of the agency con- ance; and date of the enactment of this Act, shall be cerned approves a determination in writing ‘‘(ii) consider suspending or debarring the reviewed and amended, as necessary, to com- by the contracting officer that— contractor or subcontractor until such time ply with the amendments made by this sec- (i) the services to be acquired are commer- as the contractor or subcontractor has effec- tion. This requirement shall not apply to a cial services as defined in section 4(12)(F) of tively addressed the issues that lead to such domestic nonavailability determination that the Office of Federal Procurement Policy noncompliance.’’. applies to— Act (41 U.S.C. 403(12)(F)); (e) ADDITIONAL DEFINITIONS.—Subsection (1) an individual contract that was entered (ii) if the services to be acquired are sub- (m) of section 2533b of title 10, United States into before the date of the enactment of this ject to subsection (b), the offeror of the serv- Code, as redesignated by subsection (c), is Act; or ices has submitted sufficient information in further amended by adding at the end the (2) an individual Department of Defense accordance with that subsection; following: program, except to the extent that such do- (iii) such services are commonly sold to ‘‘(3) The term ‘acquisition’ has the mean- mestic nonavailability determination applies the general public through use of time-and- ing provided in section 4 of the Office of Fed- to contracts entered into after the date of materials or labor-hour contracts; and eral Procurement Policy Act (41 U.S.C. 403). the enactment of this Act. (iv) the use of a time-and-materials or ‘‘(4) The term ‘required form’ shall not (i) TRANSPARENCY REQUIREMENT FOR COM- labor-hour contract type is in the best inter- apply to end items or to their components at MERCIALLY AVAILABLE OFF-THE-SHELF ITEM est of the Government. any tier. The term ‘required form’ means in EXCEPTION.—The Secretary of Defense shall (2) NON-COMMERCIAL ITEM ACQUISITIONS.— the form of mill product, such as bar, billet, submit to the Committees on Armed Serv- Nothing in this subsection shall be construed wire, slab, plate or sheet, and in the grade ices of the Senate and House of Representa- to preclude the use of procedures applicable appropriate for the production of— tives, not later than December 30, 2008, a re- to time-and-materials contracts and labor-

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H141 hour contracts for non-commercial item ac- sponsible for activities in the inventory structure and type, the definition of contract quisitions for the acquisition of any category shall— requirements, cost or pricing methods, the of services. ‘‘(1) review the contracts and activities in award and negotiation of task orders, and SEC. 806. SPECIFICATION OF AMOUNTS RE- the inventory for which such Secretary or management and oversight mechanisms; QUESTED FOR PROCUREMENT OF agency head is responsible; (3) the contractor’s use, management, and CONTRACT SERVICES. ‘‘(2) ensure that— oversight of subcontractors; (a) SPECIFICATION OF AMOUNTS RE- ‘‘(A) each contract on the list that is a per- (4) the staffing of contract management QUESTED.—The budget justification mate- sonal services contract has been entered and oversight functions; and rials submitted to Congress in support of the into, and is being performed, in accordance (5) the extent of any pass-throughs, and ex- budget of the Department of Defense for any with applicable statutory and regulatory re- cessive pass-through charges (as defined in fiscal year after fiscal year 2009 shall iden- quirements; section 852 of the John Warner National De- tify clearly and separately the amounts re- ‘‘(B) the activities on the list do not in- fense Authorization Act for Fiscal Year quested in each budget account for the pro- clude any inherently governmental func- 2007), by the contractor. curement of contract services. tions; and (b) ADDITIONAL SUBJECT OF REVIEW.—In ad- (b) INFORMATION PROVIDED.—For each ‘‘(C) to the maximum extent practicable, dition to the matters required by subsection budget account, the materials submitted the activities on the list do not include any (a), the guidance and instructions issued pur- shall clearly identify— functions closely associated with inherently suant to subsection (a) shall provide for pro- (1) the amount requested for each Depart- governmental functions; cedures for the periodic review of contracts ment of Defense component, installation, or ‘‘(3) identify activities that should be con- under which one contractor provides over- activity; and sidered for conversion— sight for services performed by other con- (2) the amount requested for each type of ‘‘(A) to performance by civilian employees tractors. In particular, the procedures shall service to be provided. of the Department of Defense pursuant to be designed to evaluate, at a minimum— (c) CONTRACT SERVICES DEFINED.—In this section 2463 of this title; or (1) the extent of the agency’s reliance on section, the term ‘‘contract services’’— ‘‘(B) to an acquisition approach that would the contractor to perform acquisition func- (1) means services from contractors; but be more advantageous to the Department of tions closely associated with inherently gov- (2) excludes services relating to research Defense; and ernmental functions as defined in section and development and services relating to ‘‘(4) develop a plan to provide for appro- 2383(b)(3) of title 10, United States Code; and military construction. priate consideration of the conversion of ac- (2) the financial interest of any prime con- tractor performing acquisition functions de- SEC. 807. INVENTORIES AND REVIEWS OF CON- tivities identified under paragraph (3) within scribed in paragraph (1) in any contract or TRACTS FOR SERVICES. a reasonable period of time. (a) INVENTORY REQUIREMENT.—Section ‘‘(f) RULE OF CONSTRUCTION.—Nothing in subcontract with regard to which the con- 2330a of title 10, United States Code, is this section shall be construed to authorize tractor provided advice or recommendations amended— the performance of personal services by a to the agency. (1) by redesignating subsection (d) as sub- contractor except where expressly author- (c) ELEMENTS.—The guidance and instruc- section (g); ized by a provision of law other than this tions issued pursuant to subsection (a) shall (2) by striking subsection (c) and inserting section.’’; and address, at a minimum— the following: (3) by adding at the end of subsection (g) (1) the contracts subject to independent management reviews, including any applica- ‘‘(c) INVENTORY.—(1) Not later than the end (as so redesignated) the following new para- ble thresholds and exceptions; of the third quarter of each fiscal year, the graphs: (2) the frequency with which independent Secretary of Defense shall submit to Con- ‘‘(3) FUNCTION CLOSELY ASSOCIATED WITH IN- management reviews shall be conducted; gress an annual inventory of the activities HERENTLY GOVERNMENTAL FUNCTIONS.—The (3) the composition of teams designated to performed during the preceding fiscal year term ‘function closely associated with inher- perform independent management reviews; pursuant to contracts for services for or on ently governmental functions’ has the mean- (4) any phase-in requirements needed to en- behalf of the Department of Defense. The ing given that term in section 2383(b)(3) of sure that qualified staff are available to per- entry for an activity on an inventory under this title. form independent management reviews; this subsection shall include, for the fiscal ‘‘(4) INHERENTLY GOVERNMENTAL FUNC- (5) procedures for tracking the implemen- year covered by such entry, the following: TIONS.—The term ‘inherently governmental ‘‘(A) The functions and missions performed tation of recommendations made by inde- functions’ has the meaning given that term pendent management review teams; and by the contractor. in section 2383(b)(2) of this title. ‘‘(B) The contracting organization, the (6) procedures for developing and dissemi- ‘‘(5) PERSONAL SERVICES CONTRACT.—The nating lessons learned from independent component of the Department of Defense ad- term ‘personal services contract’ means a management reviews. ministering the contract, and the organiza- contract under which, as a result of its terms (c) REPORTS.— tion whose requirements are being met or conditions or the manner of its adminis- (1) REPORT ON GUIDANCE AND INSTRUCTION.— through contractor performance of the func- tration during performance, contractor per- Not later than 270 days after the date of the tion. sonnel are subject to the relatively contin- enactment of this Act, the Secretary of De- ‘‘(C) The funding source for the contract uous supervision and control of one or more fense shall submit to the congressional de- under which the function is performed by ap- Government officers or employees, except fense committees a report setting forth the propriation and operating agency. that the giving of an order for a specific arti- guidance and instructions issued pursuant to ‘‘(D) The fiscal year for which the activity cle or service, with the right to reject the subsection (a). first appeared on an inventory under this finished product or result, is not the type of (2) GAO REPORT ON IMPLEMENTATION.—Not section. supervision or control that makes a contract later than two years after the date of the en- ‘‘(E) The number of full-time contractor a personal services contract.’’. actment of this Act, the Comptroller General employees (or its equivalent) paid for the (b) EFFECTIVE DATE.— of the United States shall submit to the con- performance of the activity. (1) The amendments made by subsection gressional defense committees a report on ‘‘(F) A determination whether the contract (a) shall be effective upon the date of the en- the implementation of the guidance and in- pursuant to which the activity is performed actment of this Act. structions issued pursuant to subsection (a). is a personal services contract. (2) The first inventory required by section SEC. 809. IMPLEMENTATION AND ENFORCEMENT ‘‘(G) A summary of the data required to be 2330a(c) of title 10, United States Code, as OF REQUIREMENTS APPLICABLE TO collected for the activity under subsection added by subsection (a), shall be submitted UNDEFINITIZED CONTRACTUAL AC- (a). not later than the end of the third quarter of TIONS. ‘‘(2) The inventory required under this sub- fiscal year 2008. (a) GUIDANCE AND INSTRUCTIONS.—Not later section shall be submitted in unclassified SEC. 808. INDEPENDENT MANAGEMENT REVIEWS than 180 days after the date of the enactment form, but may include a classified annex. OF CONTRACTS FOR SERVICES. of this Act, the Secretary of Defense shall ‘‘(d) PUBLIC AVAILABILITY OF INVEN- (a) GUIDANCE AND INSTRUCTIONS.—Not later issue guidance, with detailed implementa- TORIES.—Not later than 30 days after the than 180 days after the date of the enactment tion instructions, for the Department of De- date on which an inventory under subsection of this Act, the Secretary of Defense shall fense to ensure the implementation and en- (c) is required to be submitted to Congress, issue guidance, with detailed implementa- forcement of requirements applicable to the Secretary shall— tion instructions, for the Department of De- undefinitized contractual actions. ‘‘(1) make the inventory available to the fense to provide for periodic independent (b) ELEMENTS.—The guidance and instruc- public; and management reviews of contracts for serv- tions issued pursuant to subsection (a) shall ‘‘(2) publish in the Federal Register a no- ices. The independent management review address, at a minimum— tice that the inventory is available to the guidance and instructions issued pursuant to (1) the circumstances in which it is, and is public. this subsection shall be designed to evaluate, not, appropriate for Department of Defense ‘‘(e) REVIEW AND PLANNING REQUIRE- at a minimum— officials to use undefinitized contractual ac- MENTS.—Within 90 days after the date on (1) contract performance in terms of cost, tions; which an inventory is submitted under sub- schedule, and requirements; (2) approval requirements (including section (c), the Secretary of the military de- (2) the use of contracting mechanisms, in- thresholds) for the use of undefinitized con- partment or head of the Defense Agency re- cluding the use of competition, the contract tractual actions;

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00115 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H142 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (3) procedures for ensuring that timelines Subtitle B—Provisions Relating to Major the level of Under Secretary of Defense for for the definitization of undefinitized con- Defense Acquisition Programs Acquisition, Technology, and Logistics. tractual actions are met; SEC. 811. REQUIREMENTS APPLICABLE TO ‘‘(7) The Secretary of Defense shall send a (4) procedures for ensuring compliance MULTIYEAR CONTRACTS FOR THE notification containing the findings of the with regulatory limitations on the obliga- PROCUREMENT OF MAJOR SYSTEMS agency head under subsection (a), and the tion of funds pursuant to undefinitized con- OF THE DEPARTMENT OF DEFENSE. basis for such findings, 30 days prior to the tractual actions; (a) ADDITIONAL REQUIREMENTS APPLICABLE award of a multiyear contract for a defense (5) procedures for ensuring compliance TO MULTIYEAR CONTRACTS.—Section 2306b of acquisition program that has been specifi- with regulatory limitations on profit or fee title 10, United States Code, is amended as cally authorized by law.’’. with respect to costs incurred before the follows: (5) Such section is further amended by add- definitization of an undefinitized contractual (1) Subsection (a) of such section is amend- ing at the end the following new subsection: action; and ed by adding at the end the following new ‘‘(m) INCREASED FUNDING AND REPROGRAM- (6) reporting requirements for paragraph: MING REQUESTS.—Any request for increased undefinitized contractual actions that fail to ‘‘(7) In the case of a contract in an amount funding for the procurement of a major sys- meet required timelines for definitization or equal to or greater than $500,000,000, that the tem under a multiyear contract authorized fail to comply with regulatory limitations conditions required by subparagraphs (C) under this section shall be accompanied by on the obligation of funds or on profit or fee. through (F) of paragraph (1) of subsection (i) an explanation of how the request for in- (c) REPORTS.— will be met, in accordance with the Sec- creased funding affects the determinations (1) REPORT ON GUIDANCE AND INSTRUC- retary’s certification and determination made by the Secretary under subsection TIONS.—Not later than 210 days after the date under such subsection, by such contract.’’. (i).’’. of the enactment of this Act, the Secretary (2) Subsection (i)(1) of such section is (b) APPLICABILITY.—The amendments made of Defense shall submit to the congressional amended by inserting after ‘‘unless’’ the fol- by this section shall take effect on the date defense committees a report setting forth lowing: ‘‘the Secretary of Defense certifies in of the enactment of this Act and shall apply the guidance and instructions issued pursu- writing by no later than March 1 of the year with respect to multiyear contracts for the ant to subsection (a). in which the Secretary requests legislative purchase of major systems for which legisla- (2) GAO REPORT.—Not later than two years authority to enter into such contract that’’. tive authority is requested on or after that after the date of the enactment of this Act, (3) Subsection (i)(1) of such section is fur- date. the Comptroller General of the United States ther amended— SEC. 812. CHANGES TO MILESTONE B CERTIFI- shall submit to the congressional defense (A) by redesignating subparagraph (B) as CATIONS. committees a report on the extent to which subparagraph (G); and Section 2366a of title 10, United States the guidance and instructions issued pursu- (B) by striking subparagraph (A) and in- Code, is amended— ant to subsection (a) have resulted in im- serting the following: (1) by amending subsection (a) to read as provements to— ‘‘(A) The Secretary has determined that follows: (A) the level of insight that senior Depart- each of the requirements in paragraphs (1) ‘‘(a) CERTIFICATION.—A major defense ac- ment of Defense officials have into the use of through (6) of subsection (a) will be met by quisition program may not receive Milestone undefinitized contractual actions; such contract and has provided the basis for B approval, or Key Decision Point B ap- (B) the appropriate use of undefinitized such determination to the congressional de- proval in the case of a space program, until contractual actions; fense committees. the milestone decision authority— (C) the timely definitization of ‘‘(B) The Secretary’s determination under ‘‘(1) has received a business case analysis undefinitized contractual actions; and subparagraph (A) was made after the comple- and certifies on the basis of the analysis (D) the negotiation of appropriate profits tion of a cost analysis performed by the Cost that— and fees for undefinitized contractual ac- Analysis Improvement Group of the Depart- ‘‘(A) the program is affordable when con- tions. ment of Defense and such analysis supports sidering the ability of the Department of De- the findings. fense to accomplish the program’s mission SEC. 810. CLARIFICATION OF LIMITED ACQUISI- ‘‘(C) The system being acquired pursuant TION AUTHORITY FOR SPECIAL OP- using alternative systems; ERATIONS COMMAND. to such contract has not been determined to ‘‘(B) the program is affordable when con- have experienced cost growth in excess of the sidering the per unit cost and the total ac- Section 167(e)(4) of title 10, United States critical cost growth threshold pursuant to quisition cost in the context of the total re- Code, is amended— section 2433(d) of this title within 5 years sources available during the period covered (1) by redesignating subparagraph (C) as prior to the date the Secretary anticipates by the future-years defense program sub- subparagraph (D); and such contract (or a contract for advance pro- mitted during the fiscal year in which the (2) by inserting after subparagraph (B) the curement entered into consistent with the certification is made; following new subparagraph: authorization for such contract) will be ‘‘(C) reasonable cost and schedule esti- ‘‘(C)(i) The staff of the commander shall awarded. mates have been developed to execute the include a command acquisition executive, ‘‘(D) A sufficient number of end items of product development and production plan who shall be responsible for the overall su- the system being acquired under such con- under the program; and pervision of acquisition matters for the spe- tract have been delivered at or within the ‘‘(D) funding is available to execute the cial operations command. The command ac- most current estimates of the program ac- product development and production plan quisition executive shall have the authority quisition unit cost or procurement unit cost under the program, through the period cov- to— for such system to determine that current ered by the future-years defense program ‘‘(I) negotiate memoranda of agreement estimates of such unit costs are realistic. submitted during the fiscal year in which the with the military departments to carry out ‘‘(E) During the fiscal year in which such certification is made, consistent with the es- the acquisition of equipment, material, sup- contract is to be awarded, sufficient funds timates described in subparagraph (C) for the plies, and services described in subparagraph will be available to perform the contract in program; and (A) on behalf of the command; such fiscal year, and the future-years defense ‘‘(2) further certifies that— ‘‘(II) supervise the acquisition of equip- program for such fiscal year will include the ‘‘(A) appropriate market research has been ment, material, supplies, and services de- funding required to execute the program conducted prior to technology development scribed in subparagraph (A), regardless of without cancellation. to reduce duplication of existing technology whether such acquisition is carried out by ‘‘(F) The contract is a fixed price type con- and products; the command, or by a military department tract.’’. ‘‘(B) the Department of Defense has com- pursuant to a delegation of authority by the (4) Subsection (i) of such section is further pleted an analysis of alternatives with re- command; amended by adding at the end the following spect to the program; ‘‘(III) represent the command in discus- new paragraphs: ‘‘(C) the Joint Requirements Oversight sions with the military departments regard- ‘‘(5) The Secretary may make the certifi- Council has accomplished its duties with re- ing acquisition programs for which the com- cation under paragraph (1) notwithstanding spect to the program pursuant to section mand is a customer; and the fact that one or more of the conditions of 181(b) of this title, including an analysis of ‘‘(IV) work with the military departments such certification are not met if the Sec- the operational requirements for the pro- to ensure that the command is appropriately retary determines that, due to exceptional gram; represented in any joint working group or in- circumstances, proceeding with a multiyear ‘‘(D) the technology in the program has tegrated product team regarding acquisition contract under this section is in the best in- been demonstrated in a relevant environ- programs for which the command is a cus- terest of the Department of Defense and the ment; tomer. Secretary provides the basis for such deter- ‘‘(E) the program demonstrates a high like- ‘‘(ii) The command acquisition executive of mination with the certification. lihood of accomplishing its intended mission; the special operations command shall be in- ‘‘(6) The Secretary of Defense may not del- and cluded on the distribution list for acquisition egate the authority to make the certifi- ‘‘(F) the program complies with all rel- directives and instructions of the Depart- cation under paragraph (1) or the determina- evant policies, regulations, and directives of ment of Defense.’’. tion under paragraph (5) to an official below the Department of Defense.’’;

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H143 (2) by redesignating subsections (b), (c), to provide independent cost estimates and (iii) by inserting after paragraph (1), the (d), and (e) as subsections (c), (d), (e), and (f), performance estimates for major defense ac- following: respectively; quisition programs. ‘‘(2) the offeror has submitted sufficient in- (3) by inserting after subsection (a) the fol- (4) Requiring the milestone decision au- formation to evaluate, through price anal- lowing new subsection (b): thority for a major defense acquisition pro- ysis, the reasonableness of the price for such ‘‘(b) CHANGES TO CERTIFICATION.—(1) The gram to specify, at the time of Milestone B system; and’’; program manager for a major defense acqui- approval, or Key Decision Point B approval, (B) by striking subsection (b) and inserting sition program that has received certifi- as applicable, the period of time that will be the following new subsection (b): cation under subsection (a) shall imme- required to deliver an initial operational ca- ‘‘(b) TREATMENT OF SUBSYSTEMS AS COM- diately notify the milestone decision author- pability to the relevant combatant com- MERCIAL ITEMS.—A subsystem of a major ity of any changes to the program that— manders. weapon system (other than a commercially ‘‘(A) alter the substantive basis for the cer- (5) Establishing a materiel solutions proc- available off-the-shelf item as defined in sec- tification of the milestone decision author- ess for addressing identified gaps in critical tion 35(c) of the Office of Federal Procure- ity relating to any component of such cer- warfighting capabilities, under which proc- ment Policy Act (41 U.S.C. 431(c))) shall be tification specified in paragraph (1) or (2) of ess the Under Secretary of Defense for Ac- treated as a commercial item and purchased subsection (a); or quisition, Technology, and Logistics cir- under procedures established for the procure- ‘‘(B) otherwise cause the program to devi- culates among the military departments and ment of commercial items only if— ate significantly from the material provided appropriate Defense Agencies a request for ‘‘(1) the subsystem is intended for a major to the milestone decision authority in sup- proposals for technologies and systems to ad- weapon system that is being purchased, or port of such certification. dress such gaps. has been purchased, under procedures estab- ‘‘(2) Upon receipt of information under (6) Modifying the role played by chiefs of lished for the procurement of commercial paragraph (1), the milestone decision author- staff of the Armed Forces in the require- items in accordance with the requirements ity may withdraw the certification con- ments, resource allocation, and acquisition of subsection (a); or cerned or rescind Milestone B approval (or processes. ‘‘(2) the contracting officer determines in Key Decision Point B approval in the case of (7) Establishing a process in which the writing that— a space program) if the milestone decision ‘‘(A) the subsystem is a commercial item, authority determines that such certification commanders of combatant commands assess, and provide input on, the capabilities needed as defined in section 4(12) of the Office of or approval is no longer valid.’’; Federal Procurement Policy Act (41 U.S.C. (4) in subsection (c), as redesignated by to successfully accomplish the missions in the operational and contingency plans of 403(12)); and paragraph (1)— ‘‘(B) the offeror has submitted sufficient (A) by inserting ‘‘(1)’’ before ‘‘The certifi- their commands over a long-term planning horizon of 15 years or more, taking into ac- information to evaluate, through price anal- cation’’; and ysis, the reasonableness of the price for such (B) by adding at the end the following new count expected changes in threats, the geo- political environment, and doctrine, train- subsystem.’’; paragraph (2): (C) by redesignating subsections (c) and (d) ‘‘(2) A summary of any information pro- ing, and operational concepts. as subsections (e) and (f), respectively; and vided to the milestone decision authority (c) CONSULTATION.—In conducting the re- (D) by inserting after subsection (b) the pursuant to subsection (b) and a description view required under subsection (b) for the re- of the actions taken as a result of such infor- port required by subsection (a), the Comp- following new subsections (c) and (d): ‘‘(c) TREATMENT OF COMPONENTS AND SPARE mation shall be submitted with the first Se- troller General shall obtain the views of the PARTS AS COMMERCIAL ITEMS.—(1) A compo- lected Acquisition Report submitted under following: nent or spare part for a major weapon sys- section 2432 of this title after receipt of such (1) Senior acquisition officials currently tem (other than a commercially available information by the milestone decision au- serving in the Department of Defense. off-the-shelf item as defined in section 35(c) thority.’’; (2) Senior military officers involved in set- of the Office of Federal Procurement Policy (5) in subsection (d), as so redesignated— ting requirements for the joint staff, the Act (41 U.S.C. 431(c))) may be treated as a (A) by striking ‘‘authority may waive’’ and Armed Forces, and the combatant commands commercial item for the purposes of section inserting the following: ‘‘authority may, at currently serving in the Department of De- 2306a of this title only if— the time of Milestone B approval (or Key De- fense. ‘‘(A) the component or spare part is in- cision Point B approval in the case of a space (3) Individuals who formerly served as sen- tended for— program) or at the time that such milestone ior acquisition officials in the Department of ‘‘(i) a major weapon system that is being decision authority withdraws a certification Defense. purchased, or has been purchased, under pro- or rescinds Milestone B approval (or Key De- (4) Participants in previous reviews of the cedures established for the procurement of cision Point B approval in the case of a space organization and structure of the Depart- commercial items in accordance with the re- program) pursuant to subsection (b)(2), ment of Defense for the acquisition of major quirements of subsection (a); or waive’’; and weapon systems, including the President’s ‘‘(ii) a subsystem of a major weapon sys- (B) by striking ‘‘paragraph (1), (2), (3), (4), Blue Ribbon Commission on Defense Man- tem that is being purchased, or has been pur- (5), (6), (7), (8), or (9)’’ and inserting ‘‘para- agement in 1986. chased, under procedures established for the graph (1) or (2)’’; and (5) Other experts on the acquisition of procurement of commercial items in accord- (6) in subsection (e), as so redesignated, by major weapon systems. ance with the requirements of subsection (b); striking ‘‘subsection (c)’’ and inserting ‘‘sub- (6) Appropriate experts in the Government or section (d)’’. Accountability Office. SEC. 814. CLARIFICATION OF SUBMISSION OF ‘‘(B) the contracting officer determines in SEC. 813. COMPTROLLER GENERAL REPORT ON writing that— DEPARTMENT OF DEFENSE ORGANI- COST OR PRICING DATA ON NON- ZATION AND STRUCTURE FOR COMMERCIAL MODIFICATIONS OF ‘‘(i) the component or spare part is a com- MAJOR DEFENSE ACQUISITION PRO- COMMERCIAL ITEMS. mercial item, as defined in section 4(12) of GRAMS. (a) MEASUREMENT OF PERCENTAGE AT CON- the Office of Federal Procurement Policy (a) REPORT REQUIRED.—Not later than one TRACT AWARD.—Section 2306a(b)(3)(A) of title Act (41 U.S.C. 403(12)); and year after the date of the enactment of this 10, United States Code, is amended by insert- ‘‘(ii) the offeror has submitted sufficient Act, the Comptroller General of the United ing after ‘‘total price of the contract’’ the information to evaluate, through price anal- States shall submit to the congressional de- following: ‘‘(at the time of contract award)’’. ysis, the reasonableness of the price for such fense committees a report on potential modi- (b) HARMONIZATION OF THRESHOLDS FOR component or spare part. fications of the organization and structure of COST OR PRICING DATA.—Section ‘‘(2) This subsection shall apply only to the Department of Defense for major defense 2306a(b)(3)(A) of title 10, United States Code, components and spare parts that are ac- acquisition programs. is amended by striking ‘‘$500,000’’ and insert- quired by the Department of Defense (b) ELEMENTS.—The report required by sub- ing ‘‘the amount specified in subsection through a prime contract or a modification section (a) shall include the results of a re- (a)(1)(A)(i), as adjusted from time to time to a prime contract (or through a sub- view, conducted by the Comptroller General under subsection (a)(7),’’. contract under a prime contract or modifica- for purposes of the report, regarding the fea- SEC. 815. CLARIFICATION OF RULES REGARDING tion to a prime contract on which the prime sibility and advisability of, at a minimum, THE PROCUREMENT OF COMMER- contractor adds no, or negligible, value). the following: CIAL ITEMS. ‘‘(d) INFORMATION SUBMITTED.—To the ex- (1) Revising the acquisition process for (a) TREATMENT OF SUBSYSTEMS, COMPO- tent necessary to make a determination major defense acquisition programs by es- NENTS, AND SPARE PARTS AS COMMERCIAL under subsection (a)(2), (b)(2), or (c)(1)(B), tablishing shorter, more frequent acquisition ITEMS.— the contracting officer may request the of- program milestones. (1) IN GENERAL.—Section 2379 of title 10, feror to submit— (2) Requiring certifications of program sta- United States Code, is amended— ‘‘(1) prices paid for the same or similar tus to the defense acquisition executive and (A) in subsection (a)— commercial items under comparable terms Congress prior to milestone approval for (i) by redesignating paragraph (2) as para- and conditions by both government and com- major defense acquisition programs. graph (3); mercial customers; and (3) Establishing a new office (to be known (ii) in paragraph (1)(B), by striking ‘‘and’’ ‘‘(2) if the contracting officer determines as the ‘‘Office of Independent Assessment’’) at the end; and that the information described in paragraph

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00117 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H144 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (1) is not sufficient to determine the reason- the annual review conducted (if any) for the (1) For each recommendation described in ableness of price, other relevant information preceding fiscal year under subsection (a). subsection (a) that has been implemented, or regarding the basis for price or cost, includ- (e) SUNSET.—The requirement to conduct that the Secretary plans to implement— ing information on labor costs, material an annual review under subsection (a) shall (A) a summary of all actions that have costs, and overhead rates.’’. terminate on September 30, 2012. been taken to implement such recommenda- (2) CONFORMING AMENDMENT TO TECHNICAL SEC. 817. INVESTMENT STRATEGY FOR MAJOR tion; and DATA PROVISION.—Section 2321(f)(2) of such DEFENSE ACQUISITION PROGRAMS. (B) a schedule, with specific milestones, for title is amended by striking ‘‘(whether or (a) REPORT REQUIRED.—Not later than May completing the implementation of such rec- not under a contract for commercial items)’’ 1, 2008, the Secretary of Defense shall submit ommendation. and inserting ‘‘(other than technical data for to the congressional defense committees a (2) For each recommendation that the Sec- a commercially available off-the-shelf item report on the strategies of the Department of retary has not implemented and does not as defined in section 35(c) of the Office of Defense for balancing the allocation of funds plan to implement— Federal Procurement Policy Act (41 U.S.C. and other resources among major defense ac- (A) the reasons for the decision not to im- 431(c)))’’. quisition programs. plement such recommendation; and (b) SALES OF COMMERCIAL ITEMS TO NON- (b) ELEMENTS.—The report required by sub- (B) a summary of any alternative actions GOVERNMENTAL ENTITIES.—Not later than 180 section (a) shall address, at a minimum, the the Secretary plans to take to address the days after the date of the enactment of this ability of the organizations, policies, and purposes underlying such recommendation. Act, the Secretary of Defense shall modify procedures of the Department of Defense to (3) A summary of any additional actions the regulations of the Department of Defense provide for— the Secretary has taken or plans to take to on the procurement of commercial items in (1) establishing priorities among needed ensure that total ownership cost is appro- order to clarify that the terms ‘‘general pub- capabilities under major defense acquisition priately considered in the requirements lic’’ and ‘‘nongovernmental entities’’ in such programs, and assessing the resources (in- process for major weapon systems. regulations do not include the Federal Gov- cluding funds, technologies, time, and per- Subtitle C—Amendments to General Con- ernment or a State, local, or foreign govern- sonnel) needed to achieve such capabilities; ment. tracting Authorities, Procedures, and Limi- (2) balancing the cost, schedule, and re- tations SEC. 816. REVIEW OF SYSTEMIC DEFICIENCIES quirements of major defense acquisition pro- ON MAJOR DEFENSE ACQUISITION PROGRAMS. grams, including those within the same func- SEC. 821. PLAN FOR RESTRICTING GOVERNMENT- UNIQUE CONTRACT CLAUSES ON (a) ANNUAL REVIEW.—The Under Secretary tional or mission area, to ensure the most ef- of Defense for Acquisition, Technology, and ficient use of resources; and COMMERCIAL CONTRACTS. Logistics shall conduct an annual review of (3) ensuring that the budget, requirements, (a) PLAN.—The Under Secretary of Defense systemic deficiencies in the major defense and acquisition processes of the Department for Acquisition, Technology, and Logistics of Defense work in a complementary manner acquisition programs of the Department of shall develop and implement a plan to mini- to achieve desired results. Defense for each fiscal year in which three or mize the number of government-unique con- (c) ROLE OF TRI-CHAIR COMMITTEE IN RE- more major defense acquisition programs— tract clauses used in commercial contracts SOURCE ALLOCATION.— (1) experience a critical cost growth by restricting the clauses to the following: threshold breach; (1) IN GENERAL.—The report required by subsection (a) shall also address the role of (1) Government-unique clauses authorized (2) have a section 2366a certification with- by law or regulation. drawn; or the committee described in paragraph (2) in the resource allocation process for major de- (2) Any additional clauses that are rel- (3) have a Milestone A approval or Key De- evant and necessary to a specific contract. cision Point A approval rescinded, by the fense acquisition programs. milestone decision authority under sub- (2) COMMITTEE.—The committee described (b) COMMERCIAL CONTRACT.—In this sec- section (b) of section 2366b of title 10, United in this paragraph is a committee (to be tion: States Code, as added by section 943 of this known as the ‘‘Tri-Chair Committee’’) com- (1) The term ‘‘commercial contract’’ means Act. posed of the following: a contract awarded by the Federal Govern- (b) CONTENT OF REVIEW.—The review con- (A) The Under Secretary of Defense for Ac- ment for the procurement of a commercial ducted under subsection (a) shall— quisition, Technology, and Logistics, who is item. (1) identify common factors, including any one of the chairs of the committee. (2) The term ‘‘commercial item’’ has the systemic deficiencies in the budget, require- (B) The Vice Chairman of the Joint Chiefs meaning provided by section 4(12) of the Of- ments, and acquisition policies and prac- of Staff, who is one of the chairs of the com- fice of Federal Procurement Policy Act (41 tices, that may have contributed to problems mittee. U.S.C. 403(12)). with major defense acquisition programs (C) The Director of Program Analysis and SEC. 822. EXTENSION OF AUTHORITY FOR USE OF covered by the criteria in subsection (a); Evaluation, who is one of the chairs of the committee. SIMPLIFIED ACQUISITION PROCE- (2) assess the adequacy of corrective ac- DURES FOR CERTAIN COMMERCIAL tions taken or to be taken to address cost (D) Any other appropriate officials of the ITEMS. growth or other performance deficiencies in Department of Defense, as jointly agreed programs covered by the criteria in sub- upon by the Under Secretary and the Vice (a) EXTENSION.—Section 4202(e) of the section (a); and Chairman. Clinger-Cohen Act of 1996 (division D of Pub- (3) make recommendations for any changes (d) CHANGES IN LAW.—The report required lic Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 in budget, requirements, and acquisition by subsection (a) shall, to the maximum ex- note) is amended by striking ‘‘January 1, policies and practices that may be appro- tent practicable, include a discussion of any 2008’’ and inserting ‘‘January 1, 2010’’. changes in the budget, acquisition, and re- priate to avoid similar problems with major (b) REPORT.—Not later than March 1, 2008, quirements processes of the Department of defense acquisition programs in the future. the Under Secretary of Defense for Acquisi- (c) DEFINITIONS.—In this section: Defense undertaken as a result of changes in tion, Technology, and Logistics shall submit (1) CRITICAL COST GROWTH THRESHOLD law pursuant to any section in this Act. to the Committees on Armed Services of the BREACH.—The term ‘‘critical cost growth (e) RECOMMENDATIONS.—The report re- threshold breach’’ means a determination quired by subsection (a) shall include any Senate and the House of Representatives a under section 2433(d) of title 10, United recommendations, including recommenda- report on the use by the Department of De- States Code, by the Secretary of a military tions for legislative action, that the Sec- fense of the authority provided by section department with respect to a major defense retary considers appropriate to improve the 4202(e) of the Clinger-Cohen Act of 1996 (10 acquisition program that the program acqui- organizations, policies, and procedures de- U.S.C. 2304 note). The report shall include, at sition unit cost has increased by a percent- scribed in the report. a minimum, the following: age equal to or greater than the critical cost SEC. 818. REPORT ON IMPLEMENTATION OF REC- (1) Summary data on the use of the author- growth threshold or that the procurement OMMENDATIONS ON TOTAL OWNER- ity. unit cost has increased by a percentage equal SHIP COST FOR MAJOR WEAPON (2) Specific examples of the use of the au- to or greater than the critical cost growth SYSTEMS. thority. threshold. (a) REPORT REQUIRED.—Not later than 180 (3) An evaluation of potential benefits and (2) SECTION 2366a CERTIFICATION.—The term days after the date of the enactment of this costs of extending the authority after Janu- ‘‘section 2366a certification’’ means a certifi- Act, the Secretary of Defense shall submit to ary 1, 2010. cation with respect to a major defense acqui- the congressional defense committees a re- port on the extent of the implementation of SEC. 823. FIVE-YEAR EXTENSION OF AUTHORITY sition program under section 2366a(a) of title TO CARRY OUT CERTAIN PROTO- 10, United States Code, by the milestone de- the recommendations set forth in the Feb- TYPE PROJECTS. cision authority. ruary 2003 report of the Government Ac- (d) REPORT.—Not later than July 15, 2008, countability Office entitled ‘‘Setting Re- Section 845(i) of the National Defense Au- and not later than August 15 of each year quirements Differently Could Reduce Weap- thorization Act for Fiscal Year 1994 (10 from 2009 through 2012, the Secretary of De- on Systems’ Total Ownership Costs’’. U.S.C. 2371 note) is amended by striking fense shall submit to the congressional de- (b) ELEMENTS.—The report required by sub- ‘‘September 30, 2008’’ and inserting ‘‘Sep- fense committees a report on the results of section (a) shall include the following: tember 30, 2013’’.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H145 SEC. 824. EXEMPTION OF SPECIAL OPERATIONS SEC. 827. MODIFICATION OF COMPETITION RE- SEC. 828. MULTIYEAR CONTRACT AUTHORITY COMMAND FROM CERTAIN RE- QUIREMENTS FOR PURCHASES FOR ELECTRICITY FROM RENEW- QUIREMENTS FOR CERTAIN CON- FROM FEDERAL PRISON INDUS- ABLE ENERGY SOURCES. TRACTS RELATING TO VESSELS, AIR- TRIES. (a) MULTIYEAR CONTRACT AUTHORITY.— CRAFT, AND COMBAT VEHICLES. (a) MODIFICATION OF COMPETITION REQUIRE- Chapter 141 of title 10, United States Code, is Section 2401(b) of title 10, United States MENTS.— amended by adding at the end the following Code, is amended by adding at the end the (1) IN GENERAL.—Section 2410n of title 10, new section: following new paragraph: United States Code, is amended by striking ‘‘§ 2410q. Multiyear contracts: purchase of subsections (a) and (b) and inserting the fol- ‘‘(5) In the case of a contract described in electricity from renewable energy sources lowing new subsections (a) and (b): subsection (a)(1)(B), the commander of the ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.— ‘‘(a) PRODUCTS FOR WHICH FEDERAL PRISON special operations command may make a Subject to subsection (b), the Secretary of INDUSTRIES DOES NOT HAVE SIGNIFICANT contract without regard to this subsection Defense may enter into a contract for a pe- MARKET SHARE.—(1) Before purchasing a if— riod not to exceed 10 years for the purchase product listed in the latest edition of the ‘‘(A) funds are available and obligated for of electricity from sources of renewable en- Federal Prison Industries catalog under sec- the full cost of the contract (including ter- ergy, as that term is defined in section tion 4124(d) of title 18 for which Federal Pris- mination costs) on or before the date the 203(b)(2) of the Energy Policy Act of 2005 (42 on Industries does not have a significant contract is awarded; U.S.C. 15852(b)(2)). market share, the Secretary of Defense shall ‘‘(B) the Secretary of Defense submits to ‘‘(b) LIMITATIONS ON CONTRACTS FOR PERI- conduct market research to determine the congressional defense committees a cer- ODS IN EXCESS OF FIVE YEARS.—The Sec- whether the product is comparable to prod- tification that there is no alternative for retary may exercise the authority in sub- ucts available from the private sector that meeting urgent operational requirements section (a) to enter into a contract for a pe- best meet the needs of the Department in other than making the contract; and riod in excess of five years only if the Sec- terms of price, quality, and time of delivery. retary determines, on the basis of a business ‘‘(C) a period of 30 days of continuous ses- ‘‘(2) If the Secretary determines that a sion of Congress has expired following the case analysis prepared by the Department of Federal Prison Industries product described Defense, that— date on which the certification was received in paragraph (1) is not comparable in price, by such committees.’’. ‘‘(1) the proposed purchase of electricity quality, or time of delivery to products of under such contract is cost effective for the SEC. 825. PROVISION OF AUTHORITY TO MAIN- the private sector that best meets the needs Department of Defense; and TAIN EQUIPMENT TO UNIFIED COM- of the Department in terms of price, quality, ‘‘(2) it would not be possible to purchase BATANT COMMAND FOR JOINT and time of delivery, the Secretary shall use WARFIGHTING. electricity from the source in an economical competitive procedures for the procurement manner without the use of a contract for a (a) AUTHORITY.—Section 167a of title 10, of the product, or shall make an individual period in excess of five years. United States Code, is amended— purchase under a multiple award contract in ‘‘(c) RELATIONSHIP TO OTHER MULTIYEAR (1) in subsection (a), by striking ‘‘and ac- accordance with the competition require- CONTRACTING AUTHORITY.—Nothing in this quire’’ and inserting ‘‘, acquire, and main- ments applicable to such contract. In con- section shall be construed to preclude the tain’’; ducting such a competition, the Secretary Department of Defense from using other (2) by redesignating subsection (f) as sub- shall consider a timely offer from Federal multiyear contracting authority of the De- section (g); and Prison Industries. partment to purchase renewable energy.’’. (3) by inserting after subsection (e) the fol- ‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON (b) CLERICAL AMENDMENT.—The table of lowing new subsection: INDUSTRIES HAS SIGNIFICANT MARKET sections at the beginning of chapter 141 of ‘‘(f) LIMITATION ON AUTHORITY TO MAINTAIN SHARE.—(1) The Secretary of Defense may such title is amended by adding at the end EQUIPMENT.—The authority delegated under purchase a product listed in the latest edi- the following new item: tion of the Federal Prison Industries catalog subsection (a) to maintain equipment is sub- ‘‘2410q. Multiyear contracts: purchase of for which Federal Prison Industries has a ject to the availability of funds authorized electricity from renewable en- significant market share only if the Sec- and appropriated specifically for that pur- ergy sources.’’. retary uses competitive procedures for the pose.’’. SEC. 829. PROCUREMENT OF FIRE RESISTANT procurement of the product or makes an in- (b) TWO-YEAR EXTENSION.—Subsection (g) RAYON FIBER FOR THE PRODUC- dividual purchase under a multiple award TION OF UNIFORMS FROM FOREIGN of such section, as so redesignated, is amend- contract in accordance with the competition ed— SOURCES. requirements applicable to such contract. In (a) AUTHORITY TO PROCURE.—The Sec- (1) by striking ‘‘through 2008’’ and insert- conducting such a competition, the Sec- retary of Defense may procure fire resistant ing ‘‘through 2010’’; and retary shall consider a timely offer from rayon fiber for the production of uniforms (2) by striking ‘‘September 30, 2008’’ and in- Federal Prison Industries. that is manufactured in a foreign country re- serting ‘‘September 30, 2010’’. ‘‘(2) For purposes of this subsection, Fed- ferred to in subsection (d) if the Secretary SEC. 826. MARKET RESEARCH. eral Prison Industries shall be treated as determines either of the following: having a significant share of the market for (a) ADDITIONAL REQUIREMENTS.—Subsection (1) That fire resistant rayon fiber for the (c) of section 2377 of title 10, United States a product if the Secretary, in consultation production of uniforms is not available from Code, is amended— with the Administrator of Federal Procure- sources within the national technology and (1) in paragraph (1)— ment Policy, determines that the Federal industrial base. (A) by striking ‘‘and’’ at the end of sub- Prison Industries share of the Department of (2) That— paragraph (A); Defense market for the category of products (A) procuring fire resistant rayon fiber (B) by striking the period at the end of including such product is greater than 5 per- manufactured from suppliers within the na- subparagraph (B) and inserting ‘‘; and’’; and cent.’’. tional technology and industrial base would (C) by adding at the end the following: (2) EFFECTIVE DATE.—The amendment result in sole-source contracts or sub- ‘‘(C) before awarding a task order or deliv- made by subsection (a) shall take effect 60 contracts for the supply of fire resistant ery order in excess of the simplified acquisi- days after the date of the enactment of this rayon fiber; and tion threshold.’’; and Act. (B) such sole-source contracts or sub- (b) LIST OF PRODUCTS FOR WHICH FEDERAL (2) by adding at the end the following: contracts would not be in the best interests PRISON INDUSTRIES HAS SIGNIFICANT MARKET of the Government or consistent with the ob- ‘‘(4) The head of an agency shall take ap- SHARE.— jectives of section 2304 of title 10, United propriate steps to ensure that any prime (1) INITIAL LIST.—Not later than 60 days States Code. contractor of a contract (or task order or de- after the date of the enactment of this Act, (b) SUBMISSION TO CONGRESS.—Not later livery order) in an amount in excess of the Secretary of Defense shall publish a list than 30 days after making a determination $5,000,000 for the procurement of items other of product categories for which Federal Pris- under subsection (a), the Secretary shall sub- than commercial items engages in such mar- on Industries’ share of the Department of mit to Congress a copy of the determination. ket research as may be necessary to carry Defense market is greater than 5 percent, (c) APPLICABILITY TO SUBCONTRACTS.—The out the requirements of subsection (b)(2) be- based on the most recent fiscal year for authority under subsection (a) applies with fore making purchases for or on behalf of the which data is available. respect to subcontracts under Department of Department of Defense.’’. (2) MODIFICATION.—The Secretary may Defense contracts as well as to such con- (b) REQUIREMENT TO DEVELOP TRAINING modify the list published under paragraph (1) tracts. AND TOOLS.—The Secretary of Defense shall at any time if the Secretary determines that (d) FOREIGN COUNTRIES COVERED.—The au- develop training to assist contracting offi- new data require adding a product category thority under subsection (a) applies with re- cers, and market research tools to assist to the list or omitting a product category spect to a foreign country that— such officers and prime contractors, in per- from the list. (1) is a party to a defense memorandum of forming appropriate market research as re- (3) CONSULTATION.—The Secretary shall understanding entered into under section quired by subsection (c) of section 2377 of carry out this subsection in consultation 2531 of title 10, United States Code; and title 10, United States Code, as amended by with the Administrator for Federal Procure- (2) does not discriminate against defense this section. ment Policy. items produced in the United States to a

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.059 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H146 CONGRESSIONAL RECORD — HOUSE January 16, 2008 greater degree than the United States dis- (B) a co-chairman who shall be a member ried out under subsection (c). The report criminates against defense items produced in of the Commission jointly designated by the shall— that country. minority leader of the House of Representa- (A) include the findings of the Commission; (e) NATIONAL TECHNOLOGY AND INDUSTRIAL tives and the minority leader of the Senate. (B) identify lessons learned relating to BASE DEFINED.—In this section, the term (4) VACANCY.—In the event of a vacancy in contingency program management and con- ‘‘national technology and industrial base’’ a seat on the Commission, the individual ap- tingency contracting covered by the study; has the meaning given that term in section pointed to fill the vacant seat shall be— and 2500 of title 10, United States Code. (A) appointed by the same officer (or the (C) include specific recommendations for (f) SUNSET.—The authority under sub- officer’s successor) who made the appoint- improvements to be made in— section (a) shall expire on the date that is ment to the seat when the Commission was (i) the process for defining requirements five years after the date of the enactment of first established; and and developing statements of work for con- this Act. (B) if the officer in subparagraph (A) is of tracts in contingency contracting; SEC. 830. COMPTROLLER GENERAL REVIEW OF a party other than the party of the officer (ii) the process for awarding contracts and NONCOMPETITIVE AWARDS OF CON- who made the appointment to the seat when task or delivery orders in contingency con- GRESSIONAL AND EXECUTIVE the Commission was first established, chosen tracting; BRANCH INTEREST ITEMS. in consultation with the senior officers in (iii) the process for contingency program Not later than one year after the date of the Senate and the House of Representatives the enactment of this Act, the Comptroller management; of the party which is the party of the officer (iv) the process for identifying, addressing, General of the United States shall submit to who made the appointment to the seat when the congressional defense committees a re- and providing accountability for waste, the Commission was first established. fraud, and abuse in contingency contracting; port on the use of procedures other than (c) DUTIES.— competitive procedures in the award of con- (v) the process for determining which func- (1) GENERAL DUTIES.—The Commission tions are inherently governmental and which tracts by the Department of Defense. The re- shall study the following matters: port shall compare the procedures used by functions are appropriate for performance by (A) Federal agency contracting for the re- contractors in a contingency operation (in- the Department of Defense for the award of construction of Iraq and Afghanistan. funds for new projects pursuant to congres- cluding during combat operations), espe- (B) Federal agency contracting for the cially whether providing security in an area sionally directed spending items, as defined logistical support of coalition forces oper- in rule XLIV of the Standing Rules of the of combat operations is inherently govern- ating in Iraq and Afghanistan. mental; Senate, or congressional earmarks, as de- (C) Federal agency contracting for the per- (vi) the organizational structure, re- fined in rule XXI of the Rules of the House of formance of security functions in Iraq and sources, policies, and practices of the De- Representatives, with the procedures used by Afghanistan. partment of Defense and the Department of the Department of Defense for the award of (2) SCOPE OF CONTRACTING COVERED.—The State for performing contingency program funds for new projects of special interest to Federal agency contracting covered by this management; and senior executive branch officials. subsection includes contracts entered into (vii) the process by which roles and respon- Subtitle D—Accountability in Contracting both in the United States and abroad for the sibilities with respect to management and performance of activities described in para- SEC. 841. COMMISSION ON WARTIME CON- oversight of contracts in contingency con- TRACTING IN IRAQ AND AFGHANI- graph (1). tracting are distributed among the various STAN. (3) PARTICULAR DUTIES.—In carrying out departments and agencies of the Federal (a) ESTABLISHMENT.—There is hereby es- the study under this subsection, the Com- tablished a commission to be known as the mission shall assess— Government, and interagency coordination ‘‘Commission on Wartime Contracting’’ (in (A) the extent of the reliance of the Fed- and communication mechanisms associated this section referred to as the ‘‘Commis- eral Government on contractors to perform with contingency contracting. sion’’). functions (including security functions) in (e) OTHER POWERS AND AUTHORITIES.— (b) MEMBERSHIP MATTERS.— Iraq and Afghanistan and the impact of this (1) HEARINGS AND EVIDENCE.—The Commis- (1) MEMBERSHIP.—The Commission shall be reliance on the achievement of the objec- sion or, on the authority of the Commission, composed of 8 members, as follows: tives of the United States; any portion thereof, may, for the purpose of (A) 2 members shall be appointed by the (B) the performance exhibited by Federal carrying out this section— majority leader of the Senate, in consulta- contractors for the contracts under review (A) hold such hearings and sit and act at tion with the Chairmen of the Committee on pursuant to paragraph (1), and the mecha- such times and places, take such testimony, Armed Services, the Committee on Home- nisms used to evaluate contractor perform- receive such evidence, administer such oaths land Security and Governmental Affairs, and ance; (provided that the quorum for a hearing the Committee on Foreign Relations of the (C) the extent of waste, fraud, and abuse shall be three members of the Commission); Senate. under such contracts; and (B) 2 members shall be appointed by the (D) the extent to which those responsible (B) provide for the attendance and testi- Speaker of the House of Representatives, in for such waste, fraud, and abuse have been mony of such witnesses and the production consultation with the Chairmen of the Com- held financially or legally accountable; of such books, records, correspondence, mittee on Armed Services, the Committee on (E) the appropriateness of the organiza- memoranda, papers, and documents; Oversight and Government Reform, and the tional structure, policies, practices, and re- as the Commission, or such portion thereof, Committee on Foreign Affairs of the House sources of the Department of Defense and may determine advisable. of Representatives. the Department of State for handling pro- (2) INABILITY TO OBTAIN DOCUMENTS OR TES- (C) 1 member shall be appointed by the mi- gram management and contracting for the TIMONY.—In the event the Commission is un- nority leader of the Senate, in consultation programs and contracts under review pursu- able to obtain testimony or documents need- with the Ranking Minority Members of the ant to paragraph (1); ed to conduct its work, the Commission shall Committee on Armed Services, the Com- (F) the extent to which contractors under notify the committees of Congress of juris- mittee on Homeland Security and Govern- such contracts have engaged in the misuse of diction and appropriate investigative au- mental Affairs, and the Committee on For- force or have used force in a manner incon- thorities. eign Relations of the Senate. sistent with the objectives of the operational (3) ACCESS TO INFORMATION.—The Commis- (D) 1 member shall be appointed by the mi- field commander; and sion may secure directly from the Depart- nority leader of the House of Representa- (G) the extent of potential violations of the ment of Defense and any other department tives, in consultation with the Ranking Mi- laws of war, Federal law, or other applicable or agency of the Federal Government any in- nority Member of the Committee on Armed legal standards by contractors under such formation or assistance that the Commission Services, the Committee on Oversight and contracts. considers necessary to enable the Commis- Government Reform, and the Committee on (d) REPORTS.— sion to carry out the requirements of this Foreign Affairs of the House of Representa- (1) INTERIM REPORT.—On March 1, 2009, the section. Upon request of the Commission, the tives. Commission shall submit to Congress an in- head of such department or agency shall fur- (E) 2 members shall be appointed by the terim report on the study carried out under nish such information expeditiously to the President, in consultation with the Sec- subsection (c), including the results and find- Commission. Whenever information or as- retary of Defense and the Secretary of State. ings of the study as of that date. sistance requested by the Commission is un- (2) DEADLINE FOR APPOINTMENTS.—All ap- (2) OTHER REPORTS.—The Commission may reasonably refused or not provided, the Com- pointments to the Commission shall be made from time to time submit to Congress such mission shall report the circumstances to not later than 120 days after the date of the other reports on the study carried out under Congress without delay. enactment of this Act. subsection (c) as the Commission considers (4) PERSONNEL.—The Commission shall (3) CO-CHAIRMEN.—The Commission shall appropriate. have the authorities provided in section 3161 have two co-chairmen, including— (3) FINAL REPORT.—Not later than two of title 5, United States Code, and shall be (A) a co-chairman who shall be a member years after the date of the appointment of all subject to the conditions set forth in such of the Commission jointly designated by the of the members of the Commission under section, except to the extent that such con- Speaker of the House of Representatives and subsection (b), the Commission shall submit ditions would be inconsistent with the re- the majority leader of the Senate; and to Congress a final report on the study car- quirements of this section.

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(5) DETAILEES.—Any employee of the Fed- or task or delivery orders over which such (3) The extent to which operational field eral Government may be detailed to the Inspectors General have jurisdiction. commanders were able to coordinate or di- Commission without reimbursement from (3) The Special Inspector General for Af- rect the performance of contractors in an the Commission, and such detailee shall re- ghanistan Reconstruction shall develop a area of combat operations. tain the rights, status, and privileges of his comprehensive plan for a series of audits of (4) The degree to which contractor employ- or her regular employment without interrup- contracts, subcontracts, and task and deliv- ees were properly screened, selected, trained, tion. ery orders covered by subsection (a)(2) relat- and equipped for the functions to be per- (6) SECURITY CLEARANCES.—The appropriate ing to Afghanistan, consistent with the re- formed. departments or agencies of the Federal Gov- quirements of subsection (h), in consultation (5) The nature and extent of any incidents ernment shall cooperate with the Commis- with other Inspectors General specified in of misconduct or unlawful activity by con- sion in expeditiously providing to the Com- subsection (c) with regard to any contracts, tractor employees. mission members and staff appropriate secu- subcontracts, or task or delivery orders over (6) The nature and extent of any activity rity clearances to the extent possible pursu- which such Inspectors General have jurisdic- by contractor employees that was incon- ant to existing procedures and requirements, tion. sistent with the objectives of operational except that no person shall be provided with (c) PERFORMANCE OF AUDITS BY CERTAIN IN- field commanders. access to classified information under this SPECTORS GENERAL.—The Special Inspector (7) The extent to which any incidents of section without the appropriate security General for Iraq Reconstruction, during such misconduct or unlawful activity were re- clearances. period as such office exists, the Special In- ported, documented, investigated, and (7) VIOLATIONS OF LAW.— spector General for Afghanistan Reconstruc- (where appropriate) prosecuted. (A) REFERRAL TO ATTORNEY GENERAL.—The tion, during such period as such office exists, (i) INDEPENDENT CONDUCT OF AUDIT FUNC- Commission may refer to the Attorney Gen- the Inspector General of the Department of TIONS.—All audit functions under this sec- eral any violation or potential violation of Defense, the Inspector General of the Depart- tion, including audit planning and coordina- law identified by the Commission in carrying ment of State, and the Inspector General of tion, shall be performed by the relevant In- out its duties under this section. the United States Agency for International spectors General in an independent manner, (B) REPORTS ON RESULTS OF REFERRAL.— Development shall perform such audits as re- without consultation with the Commission The Attorney General shall submit to Con- quired by subsection (a) and identified in the established pursuant to section 841 of this gress a report on each prosecution, convic- audit plans developed pursuant to subsection Act. All audit reports resulting from such tion, resolution, or other disposition that re- (b) as fall within the respective scope of audits shall be available to the Commission. sults from a referral made under this sub- their duties as specified in law. SEC. 843. ENHANCED COMPETITION REQUIRE- paragraph. (d) COORDINATION OF AUDITS.—The Inspec- MENTS FOR TASK AND DELIVERY (f) TERMINATION.—The Commission shall tors General specified in subsection (c) shall ORDER CONTRACTS. terminate on the date that is 60 days after work to coordinate the performance of the (a) DEFENSE CONTRACTS.— the date of the submittal of its final report audits required by subsection (a) and identi- (1) LIMITATION ON SINGLE AWARD CON- under subsection (d)(3). fied in the audit plans developed under sub- TRACTS.—Section 2304a(d) of title 10, United (g) DEFINITIONS.—In this section: section (b) including through councils and States Code, is amended— (1) CONTINGENCY CONTRACTING.—The term working groups composed of such Inspectors (A) by redesignating paragraph (3) as para- ‘‘contingency contracting’’ means all stages General. graph (4); and of the process of acquiring property or serv- (e) JOINT AUDITS.—If one or more audits re- (B) by inserting after paragraph (2) the fol- ices during a contingency operation. quired by subsection (a) and identified in an lowing new paragraph (3): (2) CONTINGENCY OPERATION.—The term audit plan developed under subsection (b) ‘‘(3)(A) No task or delivery order contract ‘‘contingency operation’’ has the meaning falls within the scope of the duties of more in an amount estimated to exceed $100,000,000 given that term in section 101 of title 10, than one of the Inspectors General specified (including all options) may be awarded to a United States Code. in subsection (c), and such Inspectors Gen- single source unless the head of the agency (3) CONTINGENCY PROGRAM MANAGEMENT.— eral agree that such audit or audits are best determines in writing that— The term ‘‘contingency program manage- pursued jointly, such Inspectors General ‘‘(i) the task or delivery orders expected ment’’ means the process of planning, orga- shall enter into a memorandum of under- under the contract are so integrally related nizing, staffing, controlling, and leading the standing relating to the performance of such that only a single source can reasonably per- combined efforts of participating personnel audit or audits. form the work; for the management of a specific acquisition (f) SEPARATE AUDITS.—If one or more au- ‘‘(ii) the contract provides only for firm, program or programs during contingency op- dits required by subsection (a) and identified fixed price task orders or delivery orders erations. in an audit plan developed under subsection for— SEC. 842. INVESTIGATION OF WASTE, FRAUD, AND (b) falls within the scope of the duties of ‘‘(I) products for which unit prices are es- ABUSE IN WARTIME CONTRACTS more than one of the Inspectors General tablished in the contract; or AND CONTRACTING PROCESSES IN specified in subsection (c), and such Inspec- ‘‘(II) services for which prices are estab- IRAQ AND AFGHANISTAN. tors General do not agree that such audit or lished in the contract for the specific tasks (a) AUDITS REQUIRED.—Thorough audits audits are best pursued jointly, such audit or to be performed; shall be performed in accordance with this audits shall be separately performed by one ‘‘(iii) only one source is qualified and capa- section to identify potential waste, fraud, or more of the Inspectors General concerned. ble of performing the work at a reasonable and abuse in the performance of— (g) SCOPE OF AUDITS OF CONTRACTS.—Au- price to the government; or (1) Department of Defense contracts, sub- dits conducted pursuant to subsection (a)(1) ‘‘(iv) because of exceptional circumstances, contracts, and task and delivery orders for shall examine, at a minimum, one or more of it is necessary in the public interest to the logistical support of coalition forces in the following issues: award the contract to a single source. Iraq and Afghanistan; and (1) The manner in which contract require- ‘‘(B) The head of the agency shall notify (2) Federal agency contracts, subcontracts, ments were developed. Congress within 30 days after any determina- and task and delivery orders for the perform- (2) The procedures under which contracts tion under subparagraph (A)(iv).’’. ance of security and reconstruction func- or task or delivery orders were awarded. (2) ENHANCED COMPETITION FOR ORDERS IN tions in Iraq and Afghanistan. (3) The terms and conditions of contracts EXCESS OF $5,000,000.—Section 2304c of such (b) AUDIT PLANS.— or task or delivery orders. title is amended— (1) The Department of Defense Inspector (4) The staffing and method of performance (A) by redesignating subsections (d), (e), General shall develop a comprehensive plan of contractors, including cost controls. and (f) as subsections (e), (f), and (g), respec- for a series of audits of contracts, sub- (5) The efficacy of Department of Defense tively; contracts, and task and delivery orders cov- management and oversight, including the (B) by inserting after subsection (c) the fol- ered by subsection (a)(1), consistent with the adequacy of staffing and training of officials lowing new subsection (d): requirements of subsection (g), in consulta- responsible for such management and over- ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN tion with other Inspectors General specified sight. EXCESS OF $5,000,000.—In the case of a task or in subsection (c) with regard to any con- (6) The flow of information from contrac- delivery order in excess of $5,000,000, the re- tracts, subcontracts, or task or delivery or- tors to officials responsible for contract quirement to provide all contractors a fair ders over which such Inspectors General management and oversight. opportunity to be considered under sub- have jurisdiction. (h) SCOPE OF AUDITS OF OTHER CON- section (b) is not met unless all such con- (2) The Special Inspector General for Iraq TRACTS.—Audits conducted pursuant to sub- tractors are provided, at a minimum— Reconstruction shall develop a comprehen- section (a)(2) shall examine, at a minimum, ‘‘(1) a notice of the task or delivery order sive plan for a series of audits of contracts, one or more of the following issues: that includes a clear statement of the agen- subcontracts, and task and delivery orders (1) The manner in which contract require- cy’s requirements; covered by subsection (a)(2) relating to Iraq, ments were developed and contracts or task ‘‘(2) a reasonable period of time to provide consistent with the requirements of sub- and delivery orders were awarded. a proposal in response to the notice; section (h), in consultation with other In- (2) The manner in which the Federal agen- ‘‘(3) disclosure of the significant factors spectors General specified in subsection (c) cy exercised control over the performance of and subfactors, including cost or price, that with regard to any contracts, subcontracts, contractors. the agency expects to consider in evaluating

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such proposals, and their relative impor- ‘‘(d) ENHANCED COMPETITION FOR ORDERS IN empt from public disclosure under section tance; EXCESS OF $5,000,000.—In the case of a task or 552(b) of title 5, United States Code.’’. ‘‘(4) in the case of an award that is to be delivery order in excess of $5,000,000, the re- (2) CONFORMING AMENDMENT.—Section 303(f) made on a best value basis, a written state- quirement to provide all contractors a fair of such Act is amended— ment documenting the basis for the award opportunity to be considered under sub- (A) by striking paragraph (4); and and the relative importance of quality and section (b) is not met unless all such con- (B) by redesignating paragraph (5) as para- price or cost factors; and tractors are provided, at a minimum— graph (4). ‘‘(5) an opportunity for a post-award de- ‘‘(1) a notice of the task or delivery order (b) DEFENSE AGENCY CONTRACTS.— briefing consistent with the requirements of that includes a clear statement of the execu- (1) IN GENERAL.—Section 2304 of title 10, section 2305(b)(5) of this title.’’; and tive agency’s requirements; United States Code, is amended by adding at (C) by striking subsection (e), as redesig- ‘‘(2) a reasonable period of time to provide the end the following new subsection: nated by paragraph (1), and inserting the fol- a proposal in response to the notice; ‘‘(l)(1)(A) Except as provided in subpara- lowing new subsection (e): ‘‘(3) disclosure of the significant factors graph (B), in the case of a procurement per- ‘‘(e) PROTESTS.—(1) A protest is not author- and subfactors, including cost or price, that mitted by subsection (c), the head of an ized in connection with the issuance or pro- the executive agency expects to consider in agency shall make publicly available, within posed issuance of a task or delivery order ex- evaluating such proposals, and their relative 14 days after the award of the contract, the cept for— importance; documents containing the justification and ‘‘(A) a protest on the ground that the order ‘‘(4) in the case of an award that is to be approval required by subsection (f)(1) with increases the scope, period, or maximum made on a best value basis, a written state- respect to the procurement. value of the contract under which the order ment documenting the basis for the award ‘‘(B) In the case of a procurement per- is issued; or and the relative importance of quality and mitted by subsection (c)(2), subparagraph (A) ‘‘(B) a protest of an order valued in excess price or cost factors; and shall be applied by substituting ‘30 days’ for of $10,000,000. ‘‘(5) an opportunity for a post-award de- ‘14 days’. ‘‘(2) Notwithstanding section 3556 of title briefing consistent with the requirements of ‘‘(2) The documents shall be made avail- 31, the Comptroller General of the United section 303B(e).’’; and able on the website of the agency and States shall have exclusive jurisdiction of a (C) by striking subsection (e), as redesig- through a government-wide website selected protest authorized under paragraph (1)(B). nated by paragraph (1), and inserting the fol- by the Administrator for Federal Procure- ‘‘(3) This subsection shall be in effect for lowing new subsection (e): ment Policy. three years, beginning on the date that is 120 ‘‘(e) PROTESTS.—(1) A protest is not author- ‘‘(3) This subsection does not require the days after the date of the enactment of the ized in connection with the issuance or pro- public availability of information that is ex- National Defense Authorization Act for Fis- posed issuance of a task or delivery order ex- empt from public disclosure under section cal Year 2008.’’. cept for— 552(b) of title 5.’’. (3) EFFECTIVE DATES.— ‘‘(A) a protest on the ground that the order (2) CONFORMING AMENDMENT.—Section (A) SINGLE AWARD CONTRACTS.—The amend- increases the scope, period, or maximum 2304(f) of such title is amended— ments made by paragraph (1) shall take ef- value of the contract under which the order (A) by striking paragraph (4); and fect on the date that is 120 days after the is issued; or (B) by redesignating paragraphs (5) and (6) date of the enactment of this Act, and shall ‘‘(B) a protest of an order valued in excess as paragraphs (4) and (5), respectively. apply with respect to any contract awarded of $10,000,000. SEC. 845. DISCLOSURE OF GOVERNMENT CON- on or after such date. ‘‘(2) Notwithstanding section 3556 of title TRACTOR AUDIT FINDINGS. (B) ORDERS IN EXCESS OF $5,000,000.—The 31, United States Code, the Comptroller Gen- (a) REQUIRED ANNEX ON SIGNIFICANT AUDIT amendments made by paragraph (2) shall eral of the United States shall have exclusive FINDINGS.— take effect on the date that is 120 days after jurisdiction of a protest authorized under (1) IN GENERAL.—Each Inspector General the date of the enactment of this Act, and paragraph (1)(B). appointed under the Inspector General Act of shall apply with respect to any task or deliv- ‘‘(3) This subsection shall be in effect for 1978 shall submit, as part of the semiannual ery order awarded on or after such date. three years, beginning on the date that is 120 report submitted to Congress pursuant to (b) CIVILIAN AGENCY CONTRACTS.— days after the date of the enactment of the section 5 of such Act, an annex on final, com- (1) LIMITATION ON SINGLE AWARD CON- National Defense Authorization Act for Fis- pleted contract audit reports issued to the TRACTS.—Section 303H(d) of the Federal cal Year 2008.’’. Property and Administrative Services Act of contracting activity containing significant (3) EFFECTIVE DATES.— audit findings issued during the period cov- 1949 (41 U.S.C. 253h(d)) is amended— (A) SINGLE AWARD CONTRACTS.—The amend- (A) by redesignating paragraph (3) as para- ered by the semiannual report concerned. ments made by paragraph (1) shall take ef- (2) ELEMENTS.—Such annex shall include— graph (4); and fect on the date that is 120 days after the (B) by inserting after paragraph (2) the fol- (A) a list of such contract audit reports; date of the enactment of this Act, and shall (B) for each audit report, a brief descrip- lowing new paragraph (3): apply with respect to any contract awarded ‘‘(3)(A) No task or delivery order contract tion of the nature of the significant audit on or after such date. in an amount estimated to exceed $100,000,000 findings in the report; and (B) ORDERS IN EXCESS OF $5,000,000.—The (including all options) may be awarded to a (C) for each audit report, the specific amendments made by paragraph (2) shall single source unless the head of the execu- amounts of costs identified as unsupported, tive agency determines in writing that— take effect on the date that is 120 days after questioned, or disallowed. ‘‘(i) the task or delivery orders expected the date of the enactment of this Act, and (3) INFORMATION EXEMPT FROM PUBLIC DIS- under the contract are so integrally related shall apply with respect to any task or deliv- CLOSURE.—(A) Nothing in this subsection that only a single source can reasonably per- ery order awarded on or after such date. shall be construed to require the release of form the work; SEC. 844. PUBLIC DISCLOSURE OF JUSTIFICA- information to the public that is exempt ‘‘(ii) the contract provides only for firm, TION AND APPROVAL DOCUMENTS from public disclosure under section 552(b) of FOR NONCOMPETITIVE CONTRACTS. fixed price task orders or delivery orders title 5, United States Code. (a) CIVILIAN AGENCY CONTRACTS.— for— (B) For each element required by para- (1) IN GENERAL.—Section 303 of the Federal ‘‘(I) products for which unit prices are es- graph (2), the Inspector General concerned Property and Administrative Services Act of tablished in the contract; or shall note each instance where information 1949 (41 U.S.C. 253) is amended by adding at ‘‘(II) services for which prices are estab- has been redacted in accordance with the re- the end the following new subsection: lished in the contract for the specific tasks ‘‘(j)(1)(A) Except as provided in subpara- quirements of section 552(b) of title 5, United to be performed; graph (B), in the case of a procurement per- States Code, and submit an unredacted ‘‘(iii) only one source is qualified and capa- mitted by subsection (c), the head of an exec- annex to the committees listed in subsection ble of performing the work at a reasonable utive agency shall make publicly available, (d)(2) within 7 days after the issuance of the price to the government; or within 14 days after the award of the con- semiannual report. ‘‘(iv) because of exceptional circumstances, tract, the documents containing the jus- (b) DEFENSE CONTRACT AUDIT AGENCY IN- it is necessary in the public interest to tification and approval required by sub- CLUDED.—For purposes of subsection (a), au- award the contract to a single source. section (f)(1) with respect to the procure- dits of the Defense Contract Audit Agency ‘‘(B) The head of the executive agency ment. shall be included in the annex provided by shall notify Congress within 30 days after ‘‘(B) In the case of a procurement per- the Inspector General of the Department of any determination under subparagraph mitted by subsection (c)(2), subparagraph (A) Defense if they include significant audit (A)(iv).’’. shall be applied by substituting ‘30 days’ for findings. (2) ENHANCED COMPETITION FOR ORDERS IN ‘14 days’. (c) EXCEPTION.—Subsection (a) shall not EXCESS OF $5,000,000.—Section 303J of such Act ‘‘(2) The documents shall be made avail- apply to an Inspector General if no audits de- (41 U.S.C. 253j) is amended— able on the website of the agency and scribed in such subsection were issued during (A) by redesignating subsections (d), (e), through a government-wide website selected the covered period. and (f) as subsections (e), (f), and (g), respec- by the Administrator for Federal Procure- (d) SUBMISSION OF INDIVIDUAL AUDITS.— tively; ment Policy. (1) REQUIREMENT.—The head of each Fed- (B) by inserting after subsection (c) the fol- ‘‘(3) This subsection does not require the eral department or agency shall provide, lowing new subsection (d): public availability of information that is ex- within 14 days after a request in writing by

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.060 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H149 the chairman or ranking member of any lous or submit a report under paragraph (1) be submitted in writing to an ethics official committee listed in paragraph (2), a full and within 180 days after receiving the com- of the Department of Defense having respon- unredacted copy of any audit described in plaint. sibility for the organization in which the of- subsection (a). Such copy shall include an ‘‘(B) If the Inspector General is unable to ficial or former official serves or served and identification of information in the audit ex- complete an investigation in time to submit shall set forth all information relevant to empt from public disclosure under section a report within the 180-day period specified the request, including information relating 552(b) of title 5, United States Code. in subparagraph (A) and the person submit- to government positions held and major du- (2) COMMITTEES.—The committees listed in ting the complaint agrees to an extension of ties in those positions, actions taken con- this paragraph are the following: time, the Inspector General shall submit a cerning future employment, positions (A) The Committee on Oversight and Gov- report under paragraph (1) within such addi- sought, and future job descriptions, if appli- ernment Reform of the House of Representa- tional period of time as shall be agreed upon cable. tives. between the Inspector General and the per- (3) WRITTEN OPINION.—Not later than 30 (B) The Committee on Homeland Security son submitting the complaint.’’. days after receiving a request by an official (c) ACCELERATION OF SCHEDULE FOR DENY- and Governmental Affairs of the Senate. or former official of the Department of De- ING RELIEF OR PROVIDING REMEDY.—Sub- (C) The Committees on Appropriations of fense described in subsection (c), the appro- section (c) of such section is amended— the House of Representatives and the Senate. priate ethics counselor shall provide such of- (1) in paragraph (1), by striking ‘‘If the (D) With respect to the Department of De- ficial or former official a written opinion re- head of the agency determines that a con- fense and the Department of Energy, the garding the applicability or inapplicability tractor has subjected a person to a reprisal Committees on Armed Services of the Senate of post-employment restrictions to activities prohibited by subsection (a), the head of the and House of Representatives. that the official or former official may un- agency may’’ and inserting after ‘‘(1)’’ the (E) The Committees of primary jurisdic- dertake on behalf of a contractor. following: ‘‘Not later than 30 days after re- tion over the agency or department to which (4) CONTRACTOR REQUIREMENT.—A Depart- ceiving an Inspector General report pursuant the request is made. ment of Defense contractor may not know- to subsection (b), the head of the agency con- (e) CLASSIFIED INFORMATION.—Nothing in ingly provide compensation to a former De- this section shall be interpreted to require cerned shall determine whether there is suf- partment of Defense official described in sub- the handling of classified information or in- ficient basis to conclude that the contractor section (c) within two years after such formation relating to intelligence sources concerned has subjected the complainant to former official leaves service in the Depart- and methods in a manner inconsistent with a reprisal prohibited by subsection (a) and ment of Defense, without first determining any law, regulation, executive order, or rule shall either issue an order denying relief or that the former official has sought and re- of the House of Representatives or of the shall’’; ceived (or has not received after 30 days of Senate relating to the handling or protection (2) by redesignating paragraphs (2) and (3) seeking) a written opinion from the appro- of such information. as paragraphs (4) and (5), respectively; and priate ethics counselor regarding the appli- (f) DEFINITIONS.—In this section: (3) by inserting after paragraph (1) the fol- cability of post-employment restrictions to (1) SIGNIFICANT AUDIT FINDINGS.—The term lowing new paragraphs: the activities that the former official is ex- ‘‘significant audit findings’’ includes— ‘‘(2) If the head of an executive agency pected to undertake on behalf of the con- (A) unsupported, questioned, or disallowed issues an order denying relief under para- tractor. graph (1) or has not issued an order within costs in an amount in excess of $10,000,000; or (5) ADMINISTRATIVE ACTIONS.—In the event 210 days after the submission of a complaint (B) other findings that the Inspector Gen- that an official or former official of the De- under subsection (b), or in the case of an ex- eral of the agency or department concerned partment of Defense described in subsection tension of time under paragraph (b)(2)(B), determines to be significant. (c), or a Department of Defense contractor, not later than 30 days after the expiration of knowingly fails to comply with the require- (2) CONTRACT.—The term ‘‘contract’’ in- the extension of time, and there is no show- cludes a contract, an order placed under a ments of this subsection, the Secretary of ing that such delay is due to the bad faith of Defense may take any of the administrative task or delivery order contract, or a sub- the complainant, the complainant shall be contract. actions set forth in section 27(e) of the Office deemed to have exhausted all administrative of Federal Procurement Policy Act (41 U.S.C. SEC. 846. PROTECTION FOR CONTRACTOR EM- remedies with respect to the complaint, and 423(e)) that the Secretary of Defense deter- PLOYEES FROM REPRISAL FOR DIS- the complainant may bring a de novo action mines to be appropriate. CLOSURE OF CERTAIN INFORMA- at law or equity against the contractor to TION. (b) RECORDKEEPING REQUIREMENT.— seek compensatory damages and other relief (a) INCREASED PROTECTION FROM RE- (1) DATABASE.—Each request for a written available under this section in the appro- PRISAL.—Subsection (a) of section 2409 of opinion made pursuant to this section, and priate district court of the United States, title 10, United States Code, is amended— each written opinion provided pursuant to which shall have jurisdiction over such an (1) by striking ‘‘disclosing to a Member of such a request, shall be retained by the De- action without regard to the amount in con- Congress’’ and inserting ‘‘disclosing to a partment of Defense in a central database or troversy. Such an action shall, at the re- Member of Congress, a representative of a quest of either party to the action, be tried repository for not less than five years begin- committee of Congress, an Inspector Gen- by the court with a jury. ning on the date on which the written opin- eral, the Government Accountability Office, ‘‘(3) An Inspector General determination ion was provided. a Department of Defense employee respon- and an agency head order denying relief (2) INSPECTOR GENERAL REVIEW.—The In- sible for contract oversight or manage- under paragraph (2) shall be admissible in spector General of the Department of De- ment,’’; and evidence in any de novo action at law or eq- fense shall conduct periodic reviews to en- (2) by striking ‘‘information relating to a uity brought pursuant to this subsection.’’. sure that written opinions are being provided substantial violation of law related to a con- (d) DEFINITIONS.—Subsection (e) of such and retained in accordance with the require- tract (including the competition for or nego- section is amended— ments of this section. The first such review tiation of a contract)’’ and inserting ‘‘infor- (1) in paragraph (4), by inserting ‘‘or a shall be conducted no later than two years mation that the employee reasonably be- grant’’ after ‘‘a contract’’; and after the date of the enactment of this Act. lieves is evidence of gross mismanagement of (2) by inserting before the period at the end (c) COVERED DEPARTMENT OF DEFENSE OFFI- a Department of Defense contract or grant, a the following: ‘‘and any Inspector General CIALS.—An official or former official of the gross waste of Department of Defense funds, that receives funding from, or has oversight Department of Defense is covered by the re- a substantial and specific danger to public over contracts awarded for or on behalf of, quirements of this section if such official or health or safety, or a violation of law related the Secretary of Defense’’. former official— (1) participated personally and substan- to a Department of Defense contract (includ- SEC. 847. REQUIREMENTS FOR SENIOR DEPART- ing the competition for or negotiation of a MENT OF DEFENSE OFFICIALS SEEK- tially in an acquisition as defined in section contract) or grant’’. ING EMPLOYMENT WITH DEFENSE 4(16) of the Office of Federal Procurement (b) CLARIFICATION OF INSPECTOR GENERAL CONTRACTORS. Policy Act with a value in excess of DETERMINATION.—Subsection (b) of such sec- (a) REQUIREMENT TO SEEK AND OBTAIN $10,000,000 and serves or served— tion is amended— WRITTEN OPINION.— (A) in an Executive Schedule position (1) by inserting ‘‘(1)’’ after ‘‘INVESTIGATION (1) REQUEST.—An official or former official under subchapter II of chapter 53 of title 5, OF COMPLAINTS.—’’; of the Department of Defense described in United States Code; (2) by striking ‘‘an agency’’ and inserting subsection (c) who, within two years after (B) in a position in the Senior Executive ‘‘the Department of Defense, or the Inspector leaving service in the Department of De- Service under subchapter VIII of chapter 53 General of the National Aeronautics and fense, expects to receive compensation from of title 5, United States Code; or Space Administration in the case of a com- a Department of Defense contractor, shall, (C) in a general or flag officer position plaint regarding the National Aeronautics prior to accepting such compensation, re- compensated at a rate of pay for grade O–7 or and Space Administration’’; and quest a written opinion regarding the appli- above under section 201 of title 37, United (3) by adding at the end the following new cability of post-employment restrictions to States Code; or paragraph: activities that the official or former official (2) serves or served as a program manager, ‘‘(2)(A) Except as provided under subpara- may undertake on behalf of a contractor. deputy program manager, procuring con- graph (B), the Inspector General shall make (2) SUBMISSION OF REQUEST.—A request for tracting officer, administrative contracting a determination that a complaint is frivo- a written opinion under paragraph (1) shall officer, source selection authority, member

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.060 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H150 CONGRESSIONAL RECORD — HOUSE January 16, 2008 of the source selection evaluation board, or SEC. 849. CONTINGENCY CONTRACTING TRAIN- (ii) a summary of any alternative actions chief of a financial or technical evaluation ING FOR PERSONNEL OUTSIDE THE the Secretary plans to take to address the team for a contract in an amount in excess ACQUISITION WORKFORCE AND purposes underlying such recommendation. of $10,000,000. EVALUATIONS OF ARMY COMMIS- (C) For each recommendation that would SION RECOMMENDATIONS. (d) DEFINITION.—In this section, the term require legislation to implement, the Sec- (a) TRAINING REQUIREMENT.—Section 2333 retary’s recommendations regarding such ‘‘post-employment restrictions’’ includes— of title 10, United States Code is amended— legislation. (1) section 27 of the Office of Federal Pro- (1) by redesignating subsection (e) as sub- curement Policy Act (41 U.S.C. 423); (c) COMPTROLLER GENERAL REPORT.—Sec- section (f); and tion 854(c) of the John Warner National De- (2) section 207 of title 18, United States (2) by inserting after subsection (d) the fol- Code; and fense Authorization Act for Fiscal Year 2007 lowing new subsection (e): (Public Law 109–364; 120 Stat. 2346) is amend- (3) any other statute or regulation restrict- ‘‘(e) TRAINING FOR PERSONNEL OUTSIDE AC- ing the employment or activities of individ- ed by adding at the end the following new QUISITION WORKFORCE.—(1) The joint policy paragraph: uals who leave government service in the De- for requirements definition, contingency partment of Defense. ‘‘(3) COMPTROLLER GENERAL REPORT.—Not program management, and contingency con- later than 180 days after the date on which SEC. 848. REPORT ON CONTRACTOR ETHICS PRO- tracting required by subsection (a) shall pro- the Secretary of Defense submits the final GRAMS OF MAJOR DEFENSE CON- vide for training of military personnel out- TRACTORS. report required by paragraph (2), the Comp- side the acquisition workforce (including troller General of the United States shall— (a) REPORT REQUIRED.—Not later than one operational field commanders and officers year after the date of the enactment of this ‘‘(A) review the joint policies developed by performing key staff functions for oper- the Secretary, including the implementation Act, the Comptroller General of the United ational field commanders) who are expected States shall submit to the Committees on of such policies; and to have acquisition responsibility, including ‘‘(B) submit to the Committees on Armed Armed Services of the Senate and the House oversight duties associated with contracts or of Representatives a report on the internal Services of the Senate and the House of Rep- contractors, during combat operations, post- resentatives a report on the extent to which ethics programs of major defense contrac- conflict operations, and contingency oper- tors. such policies, and the implementation of ations. such policies, comply with the requirements (b) ELEMENTS.—The report required by sub- ‘‘(2) Training under paragraph (1) shall be section (a) shall address, at a minimum— of section 2333 of title 10, United States Code sufficient to ensure that the military per- (as so amended).’’. (1) the extent to which major defense con- sonnel referred to in that paragraph under- tractors have internal ethics programs in stand the scope and scale of contractor sup- Subtitle E—Acquisition Workforce Provisions place; port they will experience in contingency op- SEC. 851. REQUIREMENT FOR SECTION ON DE- (2) the extent to which the ethics programs erations and are prepared for their roles and FENSE ACQUISITION WORKFORCE IN STRATEGIC HUMAN CAPITAL PLAN. described in paragraph (1) include— responsibilities with regard to requirements (a) IN GENERAL.—In the update of the stra- (A) the availability of internal mecha- definition, program management (including tegic human capital plan for 2008, and in nisms, such as hotlines, for contractor em- contractor oversight), and contingency con- ployees to report conduct that may violate each subsequent update, the Secretary of De- tracting. fense shall include a separate section focused applicable requirements of law or regulation; ‘‘(3) The joint policy shall also provide for (B) notification to contractor employees of on the defense acquisition workforce, includ- the incorporation of contractors and con- ing both military and civilian personnel. the availability of external mechanisms, tract operations in mission readiness exer- (b) FUNDING.—The section shall contain— such as the hotline of the Inspector General cises for operations that will include con- (1) an identification of the funding pro- of the Department of Defense, for the report- tracting and contractor support.’’. grammed for defense acquisition workforce ing of conduct that may violate applicable (b) ORGANIZATIONAL REQUIREMENTS.— improvements, including a specific identi- requirements of law or regulation; (1) EVALUATION BY THE SECRETARY OF DE- fication of funding provided in the Depart- (C) notification to contractor employees of FENSE.—The Secretary of Defense, in con- ment of Defense Acquisition Workforce Fund their right to be free from reprisal for dis- sultation with the Chairman of the Joint established under section 1705 of title 10, closing a substantial violation of law related Chiefs of Staff, shall evaluate the rec- United States Code (as added by section 852 to a contract, in accordance with section ommendations included in the report of the of this Act); 2409 of title 10, United States Code; Commission on Army Acquisition and Pro- (2) an identification of the funding pro- (D) ethics training programs for contractor gram Management in Expeditionary Oper- grammed for defense acquisition workforce officers and employees; ations and shall determine the extent to training in the future-years defense program, (E) internal audit or review programs to which such recommendations are applicable including a specific identification of funding identify and address conduct that may vio- to the other Armed Forces. Not later than provided by the acquisition workforce train- late applicable requirements of law or regu- 120 days after the date of the enactment of ing fund established under section 37(h)(3) of lation; this Act, the Secretary of Defense shall sub- the Office of Federal Procurement Policy (F) self-reporting requirements, under mit a report to the congressional defense Act (41 U.S.C. 433(h)(3)); which contractors report conduct that may committees with the conclusions of this (3) a description of how the funding identi- violate applicable requirements of law or evaluation and a description of the Sec- fied pursuant to paragraphs (1) and (2) will be regulation to appropriate government offi- retary’s plans for implementing the Commis- implemented during the fiscal year con- cials; sion’s recommendations for Armed Forces cerned to address the areas of need identified (G) disciplinary action for contractor em- other than the Army. in accordance with subsection (c); ployees whose conduct is determined to have (2) EVALUATION BY THE SECRETARY OF THE (4) a statement of whether the funding violated applicable requirements of law or ARMY.—The Secretary of the Army, in con- identified under paragraphs (1) and (2) is regulation; and sultation with the Chief of Staff of the being fully used; and (H) appropriate management oversight to Army, shall evaluate the recommendations (5) a description of any continuing short- ensure the successful implementation of included in the report of the Commission on fall in funding available for the defense ac- such ethics programs; Army Acquisition and Program Management quisition workforce. (3) the extent to which the Department of in Expeditionary Operations. Not later than (c) AREAS OF NEED.—The section also shall Defense monitors or approves the ethics pro- 120 days after the date of the enactment of identify any areas of need in the defense ac- grams of major defense contractors; and this Act, the Secretary of the Army shall quisition workforce, including— (4) the advantages and disadvantages of submit to the congressional defense commit- (1) gaps in the skills and competencies of legislation requiring that defense contrac- tees a report detailing the Secretary’s plans the current or projected defense acquisition tors develop internal ethics programs and re- for implementation of the recommendations workforce; quiring that specific elements be included in of the Commission. The report shall include (2) changes to the types of skills needed in such ethics programs. the following: the current or projected defense acquisition (c) ACCESS TO INFORMATION.—In accordance (A) For each recommendation that has workforce; with the contract clause required pursuant been implemented, or that the Secretary (3) incentives to retain in the defense ac- to section 2313(c) of title 10, United States plans to implement— quisition workforce qualified, experienced Code, each major defense contractor shall (i) a summary of all actions that have been defense acquisition workforce personnel; and provide the Comptroller General access to taken to implement such recommendation; (4) incentives for attracting new, high- information requested by the Comptroller and quality personnel to the defense acquisition General that is within the scope of the re- (ii) a schedule, with specific milestones, for workforce. port required by this section. completing the implementation of such rec- (d) STRATEGIC HUMAN CAPITAL PLAN DE- (d) MAJOR DEFENSE CONTRACTOR DE- ommendation. FINED.—In this section, the term ‘‘strategic FINED.—In this section, the term ‘‘major de- (B) For each recommendation that the Sec- human capital plan’’ means the strategic fense contractor’’ means any company that retary has not implemented and does not human capital plan required under section was awarded contracts by the Department of plan to implement— 1122 of the National Defense Authorization Defense during fiscal year 2006 in amounts (i) the reasons for the decision not to im- Act for Fiscal Year 2006 (Public Law 109–163; totaling more than $500,000,000. plement such recommendation; and 119 Stat. 3452; 10 U.S.C. prec. 1580 note).

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SEC. 852. DEPARTMENT OF DEFENSE ACQUISI- ‘‘(e) AVAILABILITY OF FUNDS.— ‘‘(4) Recommendations for additional au- TION WORKFORCE DEVELOPMENT ‘‘(1) IN GENERAL.—Subject to the provisions thorities to fulfill the purpose of the Fund. FUND. of this subsection, amounts in the Fund shall ‘‘(5) A statement of the balance remaining (a) IN GENERAL.— be available to the Secretary of Defense for in the Fund at the end of such fiscal year. (1) ESTABLISHMENT OF FUND.—Chapter 87 of expenditure, or for transfer to a military de- ‘‘(g) ACQUISITION WORKFORCE DEFINED.—In title 10, United States Code, is amended by partment or Defense Agency, for the recruit- this section, the term ‘acquisition work- inserting after section 1704 the following new ment, training, and retention of acquisition force’ means personnel in positions des- section: personnel of the Department of Defense for ignated under section 1721 of this title as ac- ‘‘§ 1705. Department of Defense Acquisition the purpose of the Fund, including for the quisition positions for purposes of this chap- Workforce Development Fund provision of training and retention incen- ter.’’. ‘‘(a) ESTABLISHMENT.—The Secretary of De- tives to the acquisition workforce of the De- (2) CLERICAL AMENDMENT.—The table of fense shall establish a fund to be known as partment. sections at the beginning of subchapter I of the ‘Department of Defense Acquisition ‘‘(2) PROHIBITION.—Amounts in the Fund such chapter is amended by inserting after Workforce Fund’ (in this section referred to may not be obligated for any purpose other the item relating to section 1704 the fol- as the ‘Fund’) to provide funds, in addition than purposes described in paragraph (1) or lowing new item: to other funds that may be available, for the otherwise in accordance with this sub- ‘‘1705. Department of Defense Acquisition recruitment, training, and retention of ac- section. quisition personnel of the Department of De- Workforce Development ‘‘(3) GUIDANCE.—The Under Secretary of Fund.’’. fense. Defense for Acquisition, Technology, and Lo- ‘‘(b) PURPOSE.—The purpose of the Fund is gistics, acting through the senior official (b) EFFECTIVE DATE.—Section 1705 of title to ensure that the Department of Defense ac- designated to manage the Fund, shall issue 10, United States Code, as added by sub- quisition workforce has the capacity, in both guidance for the administration of the Fund. section (a), shall take effect on the date of personnel and skills, needed to properly per- Such guidance shall include provisions— the enactment of this Act. form its mission, provide appropriate over- ‘‘(A) identifying areas of need in the acqui- SEC. 853. EXTENSION OF AUTHORITY TO FILL sight of contractor performance, and ensure sition workforce for which amounts in the SHORTAGE CATEGORY POSITIONS that the Department receives the best value Fund may be used, including— FOR CERTAIN FEDERAL ACQUISI- for the expenditure of public resources. TION POSITIONS. ‘‘(i) changes to the types of skills needed in ‘‘(c) MANAGEMENT.—The Fund shall be Section 1413(b) of the National Defense Au- managed by a senior official of the Depart- the acquisition workforce; ‘‘(ii) incentives to retain in the acquisition thorization Act for Fiscal Year 2004 (Public ment of Defense designated by the Under Law 108–136; 117 Stat. 1665) is amended by Secretary of Defense for Acquisition, Tech- workforce qualified, experienced acquisition workforce personnel; and striking ‘‘September 30, 2007’’ and inserting nology, and Logistics for that purpose, from ‘‘September 30, 2012’’. among persons with an extensive background ‘‘(iii) incentives for attracting new, high- in management relating to acquisition and quality personnel to the acquisition work- SEC. 854. REPEAL OF SUNSET OF ACQUISITION WORKFORCE TRAINING FUND. personnel. force; ‘‘(d) ELEMENTS.— ‘‘(B) describing the manner and timing for Section 37(h)(3) of the Office of Federal ‘‘(1) IN GENERAL.—The Fund shall consist of applications for amounts in the Fund to be Procurement Policy Act (41 U.S.C. 433(h)(3)) amounts as follows: submitted; is amended by striking subparagraph (H). ‘‘(A) Amounts credited to the Fund under ‘‘(C) describing the evaluation criteria to SEC. 855. FEDERAL ACQUISITION WORKFORCE paragraph (2). be used for approving or prioritizing applica- IMPROVEMENTS. ‘‘(B) Any other amounts appropriated to, tions for amounts in the Fund in any fiscal (a) ASSOCIATE ADMINISTRATOR FOR ACQUISI- credited to, or deposited into the Fund by year; and TION WORKFORCE PROGRAMS.—The Adminis- law. ‘‘(D) describing measurable objectives of trator for Federal Procurement Policy shall ‘‘(2) CREDITS TO THE FUND.—(A) There shall performance for determining whether designate a member of the Senior Executive be credited to the Fund an amount equal to amounts in the Fund are being used in com- Service as the Associate Administrator for the applicable percentage for a fiscal year of pliance with this section. Acquisition Workforce Programs. The Asso- all amounts expended by the Department of ‘‘(4) LIMITATION ON PAYMENTS TO OR FOR ciate Administrator for Acquisition Work- Defense in such fiscal year for contract serv- CONTRACTORS.—Amounts in the Fund shall force Programs shall be located in the Fed- ices, other than services relating to research not be available for payments to contractors eral Acquisition Institute (or its successor). and development and services relating to or contractor employees, other than for the The Associate Administrator shall be respon- military construction. purpose of providing advanced training to sible for— ‘‘(B) Not later than 30 days after the end of Department of Defense employees. (1) supervising the acquisition workforce the third fiscal year quarter of fiscal year ‘‘(5) PROHIBITION ON PAYMENT OF BASE SAL- training fund established under section 2008, and 30 days after the end of each fiscal ARY OF CURRENT EMPLOYEES.—Amounts in 37(h)(3) of the Office of Federal Procurement year quarter thereafter, the head of each the Fund may not be used to pay the base Policy Act (41 U. S. C. 433(h)(3)); military department and Defense Agency salary of any person who was an employee of (2) developing, in coordination with Chief shall remit to the Secretary of Defense an the Department as of the date of the enact- Acquisition Officers and Chief Human Cap- amount equal to the applicable percentage ment of the National Defense Authorization ital Officers, a strategic human capital plan for such fiscal year of the amount expended Act for Fiscal Year 2008. for the acquisition workforce of the Federal by such military department or Defense ‘‘(6) DURATION OF AVAILABILITY.—Amounts Government; Agency, as the case may be, during such fis- credited to the Fund under subsection (d)(2) (3) reviewing and providing input to indi- cal year quarter for services covered by sub- shall remain available for expenditure in the vidual agency acquisition workforce succes- paragraph (A). Any amount so remitted shall fiscal year for which credited and the two sion plans; be credited to the Fund under subparagraph succeeding fiscal years. (4) recommending to the Administrator (A). ‘‘(f) ANNUAL REPORT.—Not later than 60 and other senior government officials appro- ‘‘(C) For purposes of this paragraph, the days after the end of each fiscal year begin- priate programs, policies, and practices to applicable percentage for a fiscal year is a ning with fiscal year 2008, the Secretary of increase the quantity and quality of the Fed- percentage as follows: Defense shall submit to the congressional de- eral acquisition workforce; and ‘‘(i) For fiscal year 2008, 0.5 percent. fense committees a report on the operation (5) carrying out such other functions as the ‘‘(ii) For fiscal year 2009, 1 percent. of the Fund during such fiscal year. Each re- Administrator may assign. ‘‘(iii) For fiscal year 2010, 1.5 percent. port shall include, for the fiscal year covered (b) ACQUISITION AND CONTRACTING TRAINING ‘‘(iv) For any fiscal year after fiscal year by such report, the following: PROGRAMS WITHIN EXECUTIVE AGENCIES.— 2010, 2 percent. ‘‘(1) A statement of the amounts remitted (1) REQUIREMENT.—The head of each execu- ‘‘(D) The Secretary of Defense may reduce to the Secretary for crediting to the Fund tive agency, after consultation with the As- a percentage established in subparagraph (C) for such fiscal year by each military depart- sociate Administrator for Acquisition Work- for any fiscal year, if he determines that the ment and Defense Agency, and a statement force Programs, shall establish and operate application of such percentage would result of the amounts credited to the Fund for such acquisition and contracting training pro- in the crediting of an amount greater than is fiscal year. grams. Such programs shall— reasonably needed for the purpose of the ‘‘(2) A description of the expenditures made (A) have curricula covering a broad range Fund. In no event may the Secretary reduce from the Fund (including expenditures fol- of acquisition and contracting disciplines a percentage for any fiscal year below a per- lowing a transfer of amounts in the Fund to corresponding to the specific acquisition and centage that results in the deposit in a fiscal a military department or Defense Agency) in contracting needs of the agency involved; year of an amount equal to the following: such fiscal year, including the purpose of (B) be developed and applied according to ‘‘(i) For fiscal year 2008, $300,000,000. such expenditures. rigorous standards; and ‘‘(ii) For fiscal year 2009, $400,000,000. ‘‘(3) A description and assessment of im- (C) be designed to maximize efficiency, ‘‘(iii) For fiscal year 2010, $500,000,000. provements in the Department of Defense ac- through the use of self-paced courses, online ‘‘(iv) For any fiscal year after fiscal year quisition workforce resulting from such ex- courses, on-the-job training, and the use of 2010, $600,000,000. penditures. remote instructors, wherever such features

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00125 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.061 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H152 CONGRESSIONAL RECORD — HOUSE January 16, 2008 can be applied without reducing the effec- Acquisition Officer for an executive agency quired by subsection (a) shall be provided to tiveness of the training or negatively affect- appointed pursuant to section 16 of the Office the relevant committees of Congress within ing academic standards. of Federal Procurement Policy Act (41 U.S.C. 30 days after the memorandum is signed. (2) CHIEF ACQUISITION OFFICER AUTHORITIES 414). (2) REPORT ON IMPLEMENTATION.—Not later AND RESPONSIBILITIES.—Subject to the au- Subtitle F—Contracts in Iraq and than 180 days after the memorandum of un- thority, direction, and control of the head of Afghanistan derstanding required by subsection (a) is an executive agency, the Chief Acquisition SEC. 861. MEMORANDUM OF UNDERSTANDING ON signed, the Secretary of Defense, the Sec- Officer for such agency shall carry out all MATTERS RELATING TO CON- retary of State, and the Administrator of the powers, functions, and duties of the head of TRACTING. United States Agency for International De- the agency with respect to implementation (a) MEMORANDUM OF UNDERSTANDING RE- velopment shall each provide a report to the of this subsection. The Chief Acquisition Of- QUIRED.—The Secretary of Defense, the Sec- relevant committees of Congress on the im- ficer shall ensure that the policies estab- retary of State, and the Administrator of the plementation of the memorandum of under- lished by the head of the agency in accord- United States Agency for International De- standing. ance with this subsection are implemented velopment shall, not later than July 1, 2008, (3) DATABASES.—The Secretary of Defense, throughout the agency. enter into a memorandum of understanding the Secretary of State, or the Administrator (c) GOVERNMENT-WIDE POLICIES AND EVAL- regarding matters relating to contracting for of the United States Agency for Inter- UATION.—The Administrator for Federal Pro- contracts in Iraq or Afghanistan. national Development shall provide access to curement Policy shall issue policies to pro- (b) MATTERS COVERED.—The memorandum the common databases identified under sub- mote the development of performance stand- of understanding required by subsection (a) section (b)(4) to the relevant committees of ards for training and uniform implementa- shall address, at a minimum, the following: Congress. tion of this section by executive agencies, (1) Identification of the major categories of (4) CONTRACTS.—Effective on the date of with due regard for differences in program contracts in Iraq or Afghanistan being the enactment of this Act, copies of any con- requirements among agencies that may be awarded by the Department of Defense, the tracts in Iraq or Afghanistan awarded after appropriate and warranted in view of the Department of State, or the United States December 1, 2007, shall be provided to any of agency mission. The Administrator shall Agency for International Development. the relevant committees of Congress within evaluate the implementation of the provi- (2) Identification of the roles and respon- 15 days after the submission of a request for sions of subsection (b) by executive agencies. sibilities of each department or agency for such contract or contracts from such com- (d) ACQUISITION AND CONTRACTING TRAINING matters relating to contracting for contracts REPORTING.—The Administrator for Federal mittee to the department or agency man- in Iraq or Afghanistan. aging the contract. Procurement Policy shall ensure that the (3) Responsibility for establishing proce- heads of executive agencies collect and SEC. 862. CONTRACTORS PERFORMING PRIVATE dures for, and the coordination of, movement maintain standardized information on the SECURITY FUNCTIONS IN AREAS OF of contractor personnel in Iraq or Afghani- acquisition and contracting workforce re- COMBAT OPERATIONS. stan. lated to the implementation of subsection (a) REGULATIONS ON CONTRACTORS PER- (4) Identification of common databases (b). FORMING PRIVATE SECURITY FUNCTIONS.— that will serve as repositories of information (e) ACQUISITION WORKFORCE HUMAN CAPITAL (1) IN GENERAL.—Not later than 120 days on contracts in Iraq or Afghanistan and con- SUCCESSION PLAN.— after the date of the enactment of this Act, tractor personnel in Iraq or Afghanistan, in- (1) IN GENERAL.—Not later than 1 year after the Secretary of Defense, in coordination cluding agreement on the elements to be in- the date of the enactment of this Act, each with the Secretary of State, shall prescribe cluded in the databases, including, at a min- Chief Acquisition Officer for an executive regulations on the selection, training, equip- imum— agency shall develop, in consultation with ping, and conduct of personnel performing (A) with respect to each contract— the Chief Human Capital Officer for the private security functions under a covered (i) a brief description of the contract (to agency and the Associate Administrator for contract in an area of combat operations. the extent consistent with security consider- Acquisition Workforce Programs, a succes- (2) ELEMENTS.—The regulations prescribed ations); sion plan consistent with the agency’s stra- under subsection (a) shall, at a minimum, es- (ii) the total value of the contract; and tegic human capital plan for the recruit- tablish— (iii) whether the contract was awarded ment, development, and retention of the (A) a process for registering, processing, competitively; and agency’s acquisition workforce, with a par- accounting for, and keeping appropriate (B) with respect to contractor personnel— ticular focus on warranted contracting offi- records of personnel performing private secu- (i) the total number of personnel employed cers and program managers of the agency. rity functions in an area of combat oper- on contracts in Iraq or Afghanistan; (2) CONTENT OF PLAN.—The acquisition ations; (ii) the total number of personnel per- workforce succession plan shall address— (B) a process for authorizing and account- forming security functions under contracts (A) recruitment goals for personnel from ing for weapons to be carried by, or available in Iraq or Afghanistan; and procurement intern programs; to be used by, personnel performing private (iii) the total number of personnel working (B) the agency’s acquisition workforce security functions in an area of combat oper- under contracts in Iraq or Afghanistan who training needs; ations; have been killed or wounded. (C) actions to retain high performing ac- (C) a process for the registration and iden- (5) Responsibility for maintaining and up- quisition professionals who possess critical tification of armored vehicles, helicopters, dating information in the common databases relevant skills; and other military vehicles operated by con- identified under paragraph (4). (D) recruitment goals for personnel from tractors performing private security func- (6) Responsibility for the collection and re- the Federal Career Intern Program; and tions in an area of combat operations; ferral to the appropriate Government agency (E) recruitment goals for personnel from (D) a process under which contractors are of any information relating to offenses under the Presidential Management Fellows Pro- required to report all incidents, and persons chapter 47 of title 10, United States Code (the gram. other than contractors are permitted to re- Uniform Code of Military Justice) or chapter (f) TRAINING IN THE ACQUISITION OF ARCHI- port incidents, in which— 212 of title 18, United States Code (commonly TECT AND ENGINEERING SERVICES.—The Ad- (i) a weapon is discharged by personnel per- ministrator for Federal Procurement Policy referred to as the Military Extraterritorial forming private security functions in an area shall ensure that a sufficient number of Fed- Jurisdiction Act), including a clarification of of combat operations; eral employees are trained in the acquisition responsibilities under section 802(a)(10) of (ii) personnel performing private security of architect and engineering services. title 10, United States Code (article 2(a) of functions in an area of combat operations (g) UTILIZATION OF RECRUITMENT AND RE- the Uniform Code of Military Justice), as are killed or injured; or TENTION AUTHORITIES.—The Administrator amended by section 552 of the John Warner (iii) persons are killed or injured, or prop- for Federal Procurement Policy, in coordina- National Defense Authorization Act for Fis- erty is destroyed, as a result of conduct by tion with the Director of the Office of Per- cal Year 2007 (Public Law 109–364). contractor personnel; sonnel Management, shall encourage execu- (c) IMPLEMENTATION OF MEMORANDUM OF tive agencies to utilize existing authorities, UNDERSTANDING.—Not later than 120 days (E) a process for the independent review including direct hire authority and tuition after the memorandum of understanding re- and, if practicable, investigation of— assistance programs, to recruit and retain quired by subsection (a) is signed, the Sec- (i) incidents reported pursuant to subpara- acquisition personnel and consider recruit- retary of Defense, the Secretary of State, graph (D); and ing acquisition personnel who may be retir- and the Administrator of the United States (ii) incidents of alleged misconduct by per- ing from the private sector, consistent with Agency for International Development shall sonnel performing private security functions existing laws and regulations. issue such policies or guidance and prescribe in an area of combat operations; (h) DEFINITIONS.—In this section: such regulations as are necessary to imple- (F) requirements for qualification, train- (1) EXECUTIVE AGENCY.—The term ‘‘execu- ment the memorandum of understanding for ing, screening (including, if practicable, tive agency’’ has the meaning provided in the relevant matters pertaining to their re- through background checks), and security section 4(1) of the Office of Federal Procure- spective agencies. for personnel performing private security ment Policy Act (41 U.S.C. 403(1)). (d) COPIES PROVIDED TO CONGRESS.— functions in an area of combat operations; (2) CHIEF ACQUISITION OFFICER.—The term (1) MEMORANDUM OF UNDERSTANDING.—Cop- (G) guidance to the commanders of the ‘‘Chief Acquisition Officer’’ means a Chief ies of the memorandum of understanding re- combatant commands on the issuance of—

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00126 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.061 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H153 (i) orders, directives, and instructions to (i) qualification, training, screening (in- termines that the presence or potential of contractors performing private security cluding, if practicable, through background combat operations in such area warrants functions relating to equipment, force pro- checks), and security requirements estab- designation of such area as an area of com- tection, security, health, safety, or relations lished by the Secretary of Defense for per- bat operations for purposes of this section. and interaction with locals; sonnel performing private security functions (4) MODIFICATION OR ELIMINATION OF DES- (ii) predeployment training requirements in an area of combat operations; IGNATION.—The Secretary may modify or for personnel performing private security (ii) applicable laws and regulations of the cease the designation of an area under this functions in an area of combat operations, United States and the host country, and ap- subsection as an area of combat operations if addressing the requirements of this section, plicable treaties and international agree- the Secretary determines that combat oper- resources and assistance available to con- ments, regarding the performance of the ations are no longer ongoing in such area. tractor personnel, country information and functions of the contractor; (d) EXCEPTION.—The requirements of this cultural training, and guidance on working (iii) orders, directives, and instructions section shall not apply to contracts entered with host country nationals and military; issued by the applicable commander of a into by elements of the intelligence commu- and combatant command relating to equipment, nity in support of intelligence activities. (iii) rules on the use of force for personnel force protection, security, health, safety, or SEC. 863. COMPTROLLER GENERAL REVIEWS AND performing private security functions in an relations and interaction with locals; and REPORTS ON CONTRACTING IN IRAQ area of combat operations; (iv) rules on the use of force issued by the AND AFGHANISTAN. (H) a process by which a commander of a applicable commander of a combatant com- (a) REVIEWS AND REPORTS REQUIRED.— combatant command may request an action mand for personnel performing private secu- (1) IN GENERAL.—Every 12 months, the described in subsection (b)(3); and rity functions in an area of combat oper- Comptroller General shall review contracts (I) a process by which the training require- ations; and in Iraq or Afghanistan and submit to the rel- ments referred to in subparagraph (G)(ii) (C) cooperate with any investigation con- evant committees of Congress a report on shall be implemented. ducted by the Department of Defense pursu- such review. VAILABILITY OF ORDERS DIRECTIVES (3) A , , ant to subsection (a)(2)(E) by providing ac- (2) MATTERS COVERED.—A report under this AND INSTRUCTIONS.—The regulations pre- cess to employees of the contractor and rel- subsection shall cover the following with re- scribed under subsection (a) shall include evant information in the possession of the spect to the contracts in Iraq or Afghanistan mechanisms to ensure the provision and contractor regarding the incident concerned. reviewed for the report: availability of the orders, directives, and in- (3) NONCOMPLIANCE OF PERSONNEL WITH (A) Total number of contracts and task or- structions referred to in paragraph (2)(G)(i) CLAUSE.—The contracting officer for a cov- ders awarded during the period covered by to contractors referred to in that paragraph, ered contract may direct the contractor, at the report. including through the maintenance of a sin- its own expense, to remove or replace any (B) Total number of active contracts and gle location (including an Internet website, personnel performing private security func- task orders. to the extent consistent with security con- tions in an area of combat operations who (C) Total value of all contracts and task siderations) at or through which such con- violate or fail to comply with applicable re- orders awarded during the reporting period. tractors may access such orders, directives, quirements of the clause required by this (D) Total value of active contracts and and instructions. subsection. If the violation or failure to com- task orders. (b) CONTRACT CLAUSE ON CONTRACTORS PER- ply is a gross violation or failure or is re- (E) The extent to which such contracts FORMING PRIVATE SECURITY FUNCTIONS.— peated, the contract may be terminated for have used competitive procedures. (1) REQUIREMENT UNDER FAR.—Not later default. (F) Total number of contractor personnel than 180 days after the date of the enactment (4) APPLICABILITY.—The contract clause re- of this Act, the Federal Acquisition Regula- quired by this subsection shall be included in working on contracts during the reporting tion issued in accordance with section 25 of all covered contracts awarded on or after the period. the Office of Federal Procurement Policy date that is 180 days after the date of the en- (G) Total number of contractor personnel, Act (41 U.S.C. 421) shall be revised to require actment of this Act. Federal agencies shall on average, who are performing security the insertion into each covered contract (or, make best efforts to provide for the inclusion functions during the reporting period. in the case of a task order, the contract of the contract clause required by this sub- (H) The number of contractor personnel under which the task order is issued) of a section in covered contracts awarded before killed or wounded during the reporting pe- contract clause addressing the selection, such date. riod. training, equipping, and conduct of personnel (5) INSPECTOR GENERAL REPORT ON PILOT (I) Information on any specific contract or performing private security functions under PROGRAM ON IMPOSITION OF FINES FOR NON- class of contracts that the Comptroller Gen- such contract. COMPLIANCE OF PERSONNEL WITH CLAUSE.—Not eral determines raises issues of significant (2) CLAUSE REQUIREMENT.—The contract later than March 30, 2008, the Inspector Gen- concern. clause required by paragraph (1) shall re- eral of the Department of Defense shall sub- (3) SUBMISSION OF REPORTS.—The Comp- quire, at a minimum, that the contractor mit to Congress a report assessing the feasi- troller General shall submit an initial report concerned shall— bility and advisability of carrying out a pilot under this subsection not later than October (A) comply with regulations prescribed program for the imposition of fines on con- 1, 2008, and shall submit an updated report under subsection (a), including any revisions tractors for personnel who violate or fail to every year thereafter until October 1, 2010. or updates to such regulations, and follow comply with applicable requirements of the (b) ACCESS TO DATABASES ON CONTRACTS.— the procedures established in such regula- clause required by this section as a mecha- The Secretary of Defense and the Secretary tions for— nism for enhancing the compliance of such of State shall provide full access to the data- (i) registering, processing, accounting for, personnel with the clause. The report shall bases described in section 861(b)(4) to the and keeping appropriate records of personnel include— Comptroller General for purposes of the re- performing private security functions in an (A) an assessment of the feasibility and ad- views carried out under this section. area of combat operations; visability of carrying out the pilot program; SEC. 864. DEFINITIONS AND OTHER GENERAL (ii) authorizing and accounting of weapons and PROVISIONS. to be carried by, or available to be used by, (B) if the Inspector General determines (a) DEFINITIONS.—In this subtitle: personnel performing private security func- that carrying out the pilot program is fea- (1) MATTERS RELATING TO CONTRACTING.— tions in an area of combat operations; sible and advisable— The term ‘‘matters relating to contracting’’, (iii) registration and identification of ar- (i) recommendations on the range of con- with respect to contracts in Iraq and Afghan- mored vehicles, helicopters, and other mili- tracts and subcontracts to which the pilot istan, means all matters relating to award- tary vehicles operated by contractors and program should apply; and ing, funding, managing, tracking, moni- subcontractors performing private security (ii) a schedule of fines to be imposed under toring, and providing oversight to contracts functions in an area of combat operations; the pilot program for various types of per- and contractor personnel. and sonnel actions or failures. (2) CONTRACT IN IRAQ OR AFGHANISTAN.—The (iv) the reporting of incidents in which— (c) AREAS OF COMBAT OPERATIONS.— term ‘‘contract in Iraq or Afghanistan’’ (I) a weapon is discharged by personnel (1) DESIGNATION.—The Secretary of Defense means a contract with the Department of performing private security functions in an shall designate the areas constituting an Defense, the Department of State, or the area of combat operations; area of combat operations for purposes of United States Agency for International De- (II) personnel performing private security this section by not later than 120 days after velopment, a subcontract at any tier issued functions in an area of combat operations the date of the enactment of this Act. under such a contract, or a task order or de- are killed or injured; or (2) PARTICULAR AREAS.—Iraq and Afghani- livery order at any tier issued under such a (III) persons are killed or injured, or prop- stan shall be included in the areas des- contract (including a contract, subcontract, erty is destroyed, as a result of conduct by ignated as an area of combat operations or task order or delivery order issued by an- contractor personnel; under paragraph (1). other Government agency for the Depart- (B) ensure that all personnel performing (3) ADDITIONAL AREAS.—The Secretary may ment of Defense, the Department of State, or private security functions under such con- designate any additional area as an area con- the United States Agency for International tract are briefed on and understand their ob- stituting an area of combat operations for Development), if the contract, subcontract, ligation to comply with— purposes of this section if the Secretary de- or task order or delivery order involves

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00127 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.061 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H154 CONGRESSIONAL RECORD — HOUSE January 16, 2008 worked performed in Iraq or Afghanistan for (2) assist the Secretary of Defense in the shortfalls as designated by the Secretary of a period longer than 14 days. identification of deficiencies in the materiel Defense under subsection (a); and (3) COVERED CONTRACT.—The term ‘‘covered readiness of the Armed Forces caused by (C) is subject to the same terms, condi- contract’’ means— shortfalls in weapons systems, equipment, tions, and procedures as other transfer au- (A) a contract of a Federal agency for the and supplies; thority under section 1001 of this Act. performance of services in an area of combat (3) identify shortfalls in materiel readi- (d) STRATEGIC READINESS FUND.— operations, as designated by the Secretary of ness, including critical materiel readiness (1) ESTABLISHMENT.—There is established Defense under subsection (c) of section 862; shortfalls, for purposes of the Secretary’s on the books of the Treasury a fund to be (B) a subcontract at any tier under such a designations under section 872 and the fund- known as the Department of Defense Stra- contract; or ing needed to address such shortfalls; tegic Readiness Fund (in this subsection re- (C) a task order or delivery order issued (4) assess the adequacy of current Depart- ferred to as the ‘‘Fund’’), which shall be ad- under such a contract or subcontract. ment of Defense plans, policies, and pro- ministered by the Secretary of the Treasury. (4) CONTRACTOR.—The term ‘‘contractor’’, grams to address shortfalls in materiel read- (2) PURPOSES.—The Fund shall be used to with respect to a covered contract, means iness, including critical materiel readiness address critical materiel readiness shortfalls the contractor or subcontractor carrying out shortfalls (as designated by the Secretary as designated by the Secretary of Defense the covered contract. under section 872), and to sustain and im- under subsection (a). (5) PRIVATE SECURITY FUNCTIONS.—The prove materiel readiness; (3) ASSETS OF FUND.—There shall be depos- term ‘‘private security functions’’ means ac- (5) assist the Secretary of Defense in deter- ited into the Fund any amount appropriated tivities engaged in by a contractor under a mining whether the industrial capacity of to the Fund, which shall constitute the as- covered contract as follows: the Department of Defense and of the defense sets of the Fund. (A) Guarding of personnel, facilities, or industrial base is being best utilized to sup- (4) LIMITATION.—The procurement unit cost property of a Federal agency, the contractor port the materiel readiness needs of the (as defined in section 2432(a) of title 10, or subcontractor, or a third party. Armed Forces; United States Code) of any item purchased (B) Any other activity for which personnel (6) review and assess Department of De- using assets of the Fund, whether such assets are required to carry weapons in the per- fense systems for measuring the status of are in the Fund or after such assets have formance of their duties. current materiel readiness of the Armed been transferred from the Fund using the au- (6) RELEVANT COMMITTEES OF CONGRESS.— Forces; and thority provided in subsection (c), shall not The term ‘‘relevant committees of Congress’’ (7) make recommendations with respect to exceed $30,000,000. means each of the following committees: materiel readiness funding, measurement (e) MULTIYEAR CONTRACT NOTIFICATION.— (A) The Committees on Armed Services of techniques, plans, policies, and programs. (1) NOTIFICATION.—If the Secretary of a the Senate and the House of Representatives. (e) REPORTS.—The Board shall submit to military department makes the determina- (B) The Committee on Homeland Security the Secretary of Defense a report summa- tion described in paragraph (2) with respect and Governmental Affairs of the Senate and rizing its findings and recommendations not to the use of a multiyear contract, the Sec- the Committee on Oversight and Govern- less than once every six months. Within 30 retary shall notify the congressional defense ment Reform of the House of Representa- days after receiving a report from the Board, committees within 30 days of the determina- tives. the Secretary shall forward the report in its tion and provide a detailed description of the (C) The Committee on Foreign Relations of entirety, together with his comments, to the proposed multiyear contract. the Senate and the Committee on Foreign congressional defense committees. The re- (2) DETERMINATION.—The determination re- Affairs of the House of Representatives. port shall be submitted in unclassified form. ferred to in paragraph (1) is a determination (D) For purposes of contracts relating to To the extent necessary, the report may be by the Secretary of a military department the National Foreign Intelligence Program, accompanied by a classified annex. that the use of a multiyear contract to pro- the Select Committee on Intelligence of the SEC. 872. CRITICAL MATERIEL READINESS cure an item to address a critical materiel Senate and the Permanent Select Committee SHORTFALLS. readiness shortfall— on Intelligence of the House of Representa- (a) DESIGNATION OF CRITICAL MATERIEL (A) will significantly accelerate efforts to READINESS SHORTFALLS.— tives. address a critical materiel readiness short- (b) CLASSIFIED INFORMATION.—Nothing in (1) DESIGNATION.—The Secretary of Defense fall; this subtitle shall be interpreted to require may designate any requirement of the (B) will provide savings compared to the the handling of classified information or in- Armed Forces for equipment or supplies as a total anticipated costs of carrying out the formation relating to intelligence sources critical materiel readiness shortfall if there contract through annual contracts; and and methods in a manner inconsistent with is a shortfall in the required equipment or (C) will serve the interest of national secu- any law, regulation, executive order, or rule supplies that materially reduces readiness of rity. of the House of Representatives or of the the Armed Forces and that— (f) DEFINITION.—In this section, the term Senate relating to the handling or protection (A) cannot be adequately addressed by ‘‘critical materiel readiness shortfall’’ means of such information. identifying acceptable substitute capabili- a critical materiel readiness shortfall des- Subtitle G—Defense Materiel Readiness ties or cross leveling of equipment that does ignated by the Secretary of Defense under Board not unacceptably reduce the readiness of this section. other Armed Forces; and SEC. 871. ESTABLISHMENT OF DEFENSE MATE- Subtitle H—Other Matters RIEL READINESS BOARD. (B) that is likely to persist for more than SEC. 881. CLEARINGHOUSE FOR RAPID IDENTI- (a) ESTABLISHMENT.—Not later than 6 two years based on currently projected budg- FICATION AND DISSEMINATION OF months after the date of the enactment of ets and schedules for deliveries of equipment COMMERCIAL INFORMATION TECH- this Act, the Secretary of Defense shall es- and supplies. NOLOGIES. tablish a Defense Materiel Readiness Board (2) CONSIDERATION OF BOARD FINDINGS AND (a) REQUIREMENT TO ESTABLISH CLEARING- (in this subtitle referred to as the ‘‘Board’’) RECOMMENDATIONS.—In making any such des- HOUSE.—Not later than 180 days after the within the Office of the Secretary of Defense. ignation, the Secretary shall take into con- date of the enactment of this Act, the Sec- (b) MEMBERSHIP.—The Secretary shall ap- sideration the findings and recommendations retary of Defense, acting through the Assist- point the chairman and the members of the of the Defense Materiel Readiness Board. ant Secretary of Defense for Networks and Board from among officers of the Armed (b) MEASURES TO ADDRESS CRITICAL MATE- Information Integration, shall establish a Forces with expertise in matters relevant to RIEL READINESS SHORTFALLS.—The Secretary clearinghouse for identifying, assessing, and the function of the Board to assess materiel of Defense shall ensure that critical materiel disseminating knowledge about readily readiness and evaluate plans and policies re- readiness shortfalls designated pursuant to available information technologies (with an lating to materiel readiness. At a minimum, subsection (a)(1) are transmitted to the rel- emphasis on commercial off-the-shelf infor- the Board shall include representatives of evant officials of the Department of Defense mation technologies) that could support the the Joint Chiefs of Staff, each of the Armed responsible for requirements, budgets, and warfighting mission of the Department of Forces, and each of the reserve components acquisition, and that such officials prioritize Defense. of the Armed Forces. and address such shortfalls in the shortest (b) RESPONSIBILITIES.—The clearinghouse (c) STAFF.—The Secretary of Defense shall time frame practicable. established pursuant to subsection (a) shall assign staff, and request the Secretaries of (c) TRANSFER AUTHORITY.— be responsible for the following: the military departments to assign staff, as (1) IN GENERAL.—The amounts of authoriza- (1) Developing a process to rapidly assess necessary to assist the Board in carrying out tions that the Secretary may transfer under and set priorities and needs for significant its duties. the authority of section 1001 of this Act is information technology needs of the Depart- (d) FUNCTIONS.—The Board shall provide hereby increased by $2,000,000,000. ment of Defense that could be met by com- independent assessments of materiel readi- (2) LIMITATIONS.—The additional transfer mercial technologies, including a process ness, materiel readiness shortfalls, and ma- authority provided by this section— for— teriel readiness plans to the Secretary of De- (A) may be made only from authorizations (A) aligning priorities and needs with the fense and the Congress. To carry out such to the Department of Defense for fiscal year requirements of the commanders of the com- functions, the Board shall— 2008; batant command; and (1) monitor and assess the materiel readi- (B) may be exercised solely for the purpose (B) proposing recommendations to the ness of the Armed Forces; of addressing critical materiel readiness commanders of the combatant command of

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00128 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.061 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H155 feasible technical solutions for further eval- such criteria as determined appropriate by submitted pursuant to subsection (a) in mak- uation. the Secretary of Defense. ing a domestic nonavailability determina- (2) Identifying and assessing emerging ‘‘(3) The fee for a license under this sub- tion pursuant to section 2533b(b) of title 10, commercial technologies (including commer- section shall not exceed by more than a United States Code, that would apply to cial off-the-shelf technologies) that could nominal amount the amount needed to re- more than one contract of the Department of support the warfighting mission of the De- cover all costs of the Department of Defense Defense, and may also consider other rel- partment of Defense, including the priorities in processing the request for the license and evant information that cannot be made part and needs identified pursuant to paragraph supplying the license. of the public record consistent with the pro- (1). ‘‘(4) A license to a qualifying company tection of national security information and (3) Disseminating information about com- under this subsection shall provide that the confidential business information. mercial technologies identified pursuant to license may not be transferred, sold, or reli- (2) The Secretary shall ensure that any paragraph (2) to commanders of combatant censed by the qualifying company. such determination and the rationale for commands and other potential users of such ‘‘(5) A license under this subsection shall such determination is made publicly avail- technologies. not be an exclusive license.’’. able to the maximum extent consistent with (4) Identifying gaps in commercial tech- (b) EFFECTIVE DATE.—The Secretary of De- the protection of national security informa- tion and confidential business information. nologies and working to stimulate invest- fense shall prescribe regulations to imple- ment in research and development in the ment the amendment made by this section SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING IN COMBAT public and private sectors to address those not later than 180 days after the date of the enactment of this Act. ZONES. gaps. (a) COMPETITIVE PROCEDURES REQUIRED.— SEC. 883. MODIFICATIONS TO LIMITATION ON (5) Enhancing internal data and commu- (1) REQUIREMENT.—When the Secretary of nications systems of the Department of De- CONTRACTS TO ACQUIRE MILITARY FLIGHT SIMULATOR. Defense considers it necessary to provide fense for sharing and retaining information morale, welfare, and recreation telephone regarding commercial technology priorities (a) EFFECT ON EXISTING CONTRACTS.—Sec- tion 832 of the John Warner National Defense services for military personnel serving in and needs, technologies available to meet combat zones, the Secretary shall use com- such priorities and needs, and ongoing re- Authorization Act for Fiscal Year 2007 (Pub- lic Law 109–364; 120 Stat. 2331) is amended by petitive procedures when entering into a search and development directed toward gaps contract to provide those services. in such technologies. adding at the end the following new sub- section: (2) REVIEW AND DETERMINATION.—Before so- (6) Developing mechanisms, including web- liciting bids or proposals for new contracts, based mechanisms, to facilitate communica- ‘‘(e) EFFECT ON EXISTING CONTRACTS.—The limitation in subsection (a) does not apply to or considering extensions to existing con- tions with industry regarding the priorities tracts, to provide morale, welfare, and recre- and needs of the Department of Defense iden- any service contract of a military depart- ment to acquire a military flight simulator, ation telephone services for military per- tified pursuant to paragraph (1) and commer- sonnel serving in combat zones, the Sec- cial technologies available to address such or to any renewal or extension of, or follow- on contract to, such a contract, if— retary shall review and determine whether it priorities and needs. is in the best interest of the Department to ‘‘(1) the contract was in effect as of Octo- (7) Assisting in the development of guides require bids or proposals, or adjustments for ber 17, 2006; to help small information technology compa- the purpose of extending a contract, to in- ‘‘(2) the number of flight simulators to be nies with promising technologies to under- clude options that minimize the cost of the acquired under the contract (or renewal, ex- stand and navigate the funding and acquisi- telephone services to individual users while tension, or follow-on) will not result in the tion processes of the Department of Defense. providing individual users the flexibility of total number of flight simulators acquired (8) Developing methods to measure how using phone cards from other than the pro- by the military department concerned well processes developed by the clearing- spective contractor. The Secretary shall sub- through service contracts to exceed the total house are being utilized and to collect data mit the results of this review and determina- number of flight simulators to be acquired on an ongoing basis to assess the benefits of tion to the Committees on Armed Services of commercial technologies that are procured under all service contracts of such depart- the Senate and the House of Representatives. ment for such simulators in effect as of Octo- on the recommendation of the clearinghouse. (b) EFFECTIVE DATE.— (c) PERSONNEL.—The Secretary of Defense, ber 17, 2006; and (1) REQUIREMENT.—Subsection (a)(1) shall acting through the Assistant Secretary of ‘‘(3) in the case of a renewal or extension apply to any new contract to provide morale, Defense for Networks and Information Inte- of, or follow-on contract to, the contract, the welfare, and recreation telephone services gration, shall provide for the hiring and sup- Secretary of the military department con- for military personnel serving in combat port of employees (including detailees from cerned provides to the congressional defense zones that is entered into after the date of other components of the Department of De- committees a written notice of the decision the enactment of this Act. fense and from other Federal departments or to exercise an option to renew or extend the (2) REVIEW AND DETERMINATION.—Sub- agencies) to assist in identifying, assessing, contract, or to issue a solicitation for bids or section (a)(2) shall apply to any new contract and disseminating information regarding proposals using competitive procedures for a or extension to an existing contract to pro- commercial technologies under this section. follow-on contract, and an economic analysis vide morale, welfare, and recreation tele- (d) REPORT TO CONGRESS.—Not later than as described in subsection (c) supporting the phone services for military personnel serving one year after the date of the enactment of decision, at least 30 days before carrying out in combat zones that is entered into or this Act, the Secretary of Defense shall sub- such decision.’’. agreed upon after the date of the enactment mit to the congressional defense committees (b) CHANGE IN GROUNDS FOR WAIVER.—Sec- of this Act. a report on the implementation of this sec- tion 832(c)(1) of such Act, as redesignated by SEC. 886. ENHANCED AUTHORITY TO ACQUIRE tion. subsection (a), is amend by striking ‘‘nec- PRODUCTS AND SERVICES PRO- SEC. 882. AUTHORITY TO LICENSE CERTAIN MILI- essary for national security purposes’’ and DUCED IN IRAQ AND AFGHANISTAN. TARY DESIGNATIONS AND inserting ‘‘in the national interest’’. (a) IN GENERAL.—In the case of a product LIKENESSES OF WEAPONS SYSTEMS SEC. 884. REQUIREMENTS RELATING TO WAIVERS or service to be acquired in support of mili- TO TOY AND HOBBY MANUFACTUR- OF CERTAIN DOMESTIC SOURCE tary operations or stability operations in ERS. LIMITATIONS RELATING TO SPE- Iraq or Afghanistan (including security, (a) AUTHORITY TO LICENSE CERTAIN ITEMS.— CIALTY METALS. transition, reconstruction, and humani- Section 2260 of title 10, United States Code, (a) NOTICE REQUIREMENT.—At least 30 days tarian relief activities) for which the Sec- is amended— prior to making a domestic nonavailability retary of Defense makes a determination de- (1) by redesignating subsections (c), (d), determination pursuant to section 2533b(b) of scribed in subsection (b), the Secretary may and (e) as subsections (d), (e), and (f), respec- title 10, United States Code, that would conduct a procurement in which— tively; and apply to more than one contract of the De- (1) competition is limited to products or (2) by inserting after subsection (b) the fol- partment of Defense, the Secretary of De- services that are from Iraq or Afghanistan; lowing new subsection: fense shall, to the maximum extent prac- (2) procedures other than competitive pro- ‘‘(c) LICENSES FOR QUALIFYING COMPA- ticable and in a manner consistent with the cedures are used to award a contract to a NIES.—(1) The Secretary concerned may li- protection of national security information particular source or sources from Iraq or Af- cense trademarks, service marks, certifi- and confidential business information— ghanistan; or cation marks, and collective marks owned or (1) publish a notice on the website main- (3) a preference is provided for products or controlled by the Secretary relating to mili- tained by the General Services Administra- services that are from Iraq or Afghanistan. tary designations and likenesses of military tion known as FedBizOpps.gov (or any suc- (b) DETERMINATION.—A determination de- weapons systems to any qualifying company cessor site) of the Secretary’s intent to make scribed in this subsection is a determination upon receipt of a request from the company. the domestic nonavailability determination; by the Secretary that— ‘‘(2) For purposes of paragraph (1), a quali- and (1) the product or service concerned is to fying company is any United States com- (2) solicit information relevant to such no- be used only by the military forces, police, pany that— tice from interested parties, including pro- or other security personnel of Iraq or Af- ‘‘(A) is a toy or hobby manufacturer; and ducers of specialty metal mill products. ghanistan; or ‘‘(B) is determined by the Secretary con- (b) DETERMINATION.—(1) The Secretary (2) it is in the national security interest of cerned to be qualified in accordance with shall take into consideration all information the United States to limit competition, use

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00129 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.061 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H156 CONGRESSIONAL RECORD — HOUSE January 16, 2008 procedures other than competitive proce- (8) The effectiveness of existing statutory (4) the relative merit of developing rapid dures, or provide a preference as described in and regulatory reporting requirements for and standardized systems for use of the au- subsection (a) because— the acquisition of information technology thorities provided under the Defense Produc- (A) such limitation, procedure, or pref- systems. tion Act of 1950, by any Federal agency; and erence is necessary to provide a stable source (9) The adequacy of operational and devel- (5) such other issues as the Comptroller de- of jobs in Iraq or Afghanistan; and opment test resources (including infrastruc- termines relevant. (B) such limitation, procedure, or pref- ture and personnel), policies, and procedures (c) REPORT TO CONGRESS.—Not later than erence will not adversely affect— to ensure appropriate testing of information 150 days after the date of the enactment of (i) military operations or stability oper- technology systems both during development this Act, the Comptroller shall submit to the ations in Iraq or Afghanistan; or and before operational use. Committees on Armed Services and on Bank- (ii) the United States industrial base. (10) The appropriate policies and proce- ing, Housing, and Urban Affairs of the Sen- (c) PRODUCTS, SERVICES, AND SOURCES dures for technology assessment, develop- ate and the Committees on Armed Services FROM IRAQ OR AFGHANISTAN.—For the pur- ment, and operational testing for purposes of and on Financial Services of the House of poses of this section: the adoption of commercial technologies Representatives a report on the review con- (1) A product is from Iraq or Afghanistan if into information technology systems. ducted under this section. it is mined, produced, or manufactured in (c) REPORT REQUIRED.—Not later than one (d) RULES OF CONSTRUCTION ON PROTECTION Iraq or Afghanistan. year after the date of enactment of this Act, OF INFORMATION.—Notwithstanding any (2) A service is from Iraq or Afghanistan if the Secretary shall submit to the congres- other provision of law— it is performed in Iraq or Afghanistan by sional defense committees a report on the re- (1) the provisions of section 705(d) of the citizens or permanent resident aliens of Iraq sults of the review required by subsection Defense Production Act of 1950 (50 U.S.C. or Afghanistan. (a). The report shall include the findings and App. 2155(d)) shall not apply to information (3) A source is from Iraq or Afghanistan if recommendations of the Defense Science sought or obtained by the Comptroller for it— Board pursuant to the review, including such purposes of the review required by this sec- (A) is located in Iraq or Afghanistan; and recommendations for legislative or adminis- tion; and (B) offers products or services that are trative action as the Board considers appro- (2) provisions of law pertaining to the pro- from Iraq or Afghanistan. priate, together with any comments the Sec- tection of classified information or propri- SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF retary considers appropriate. etary information otherwise applicable to in- DEPARTMENT OF DEFENSE POLI- SEC. 888. GREEN PROCUREMENT POLICY. formation sought or obtained by the Comp- CIES AND PROCEDURES FOR THE (a) SENSE OF CONGRESS.—It is the sense of troller in carrying out this section shall not ACQUISITION OF INFORMATION Congress that the Department of Defense be affected by any provision of this section. TECHNOLOGY. should establish a system to document and SEC. 890. PREVENTION OF EXPORT CONTROL (a) REVIEW REQUIRED.—Not later than 90 track the use of environmentally preferable VIOLATIONS. days after the date of the enactment of this products and services. (a) PREVENTION OF EXPORT CONTROL VIOLA- Act, the Secretary of Defense shall direct the (b) REPORT.—Not later than 90 days after TIONS.—Not later than 180 days after the date Defense Science Board to carry out a review the date of the enactment of this Act, the of the enactment of this Act, the Secretary of Department of Defense policies and proce- Secretary of Defense shall submit to Con- of Defense shall prescribe regulations requir- dures for the acquisition of information gress a report on a plan to increase the usage ing any contractor under a contract with the technology. of environmentally friendly products that Department of Defense to provide goods or (b) MATTERS TO BE ADDRESSED.—The mat- minimize potential impacts to human health technology that is subject to export controls ters addressed by the review required by sub- and the environment at all Department of under the Arms Export Control Act or the section (a) shall include the following: Defense facilities inside and outside the Export Administration of 1979 (as continued (1) Department of Defense policies and pro- United States, including through the direct in effect under the International Emergency cedures for acquiring national security sys- purchase of products and the purchase of Economic Powers Act) to comply with those tems, business information systems, and products by facility maintenance contrac- Acts and applicable regulations with respect other information technology. tors. The report shall also cover consider- to such goods and technology, including the (2) The roles and responsibilities in imple- ation of the budgetary impact of implemen- International Traffic in Arms Regulations menting such policies and procedures of— tation of the plan. and the Export Administration Regulations. (A) the Under Secretary of Defense for Ac- SEC. 889. COMPTROLLER GENERAL REVIEW OF Regulations prescribed under this subsection quisition, Technology, and Logistics; USE OF AUTHORITY UNDER THE DE- shall include a contract clause enforcing (B) the Chief Information Officer of the De- FENSE PRODUCTION ACT OF 1950. such requirement. partment of Defense; (a) THOROUGH REVIEW REQUIRED.—The (b) TRAINING ON EXPORT CONTROLS.—The (C) the Director of the Business Trans- Comptroller General of the United States (in Secretary of Defense shall ensure that any formation Agency; this section referred to as the ‘‘Comp- contractor under a contract with the Depart- (D) the service acquisition executives; troller’’) shall conduct a thorough review of ment of Defense to provide goods or tech- (E) the chief information officers of the the application of the Defense Production nology that is subject to export controls military departments; Act of 1950, covering the period beginning on under the Arms Export Control Act or the (F) Defense Agency acquisition officials; the date of the enactment of the Defense Export Administration of 1979 (as continued (G) the information officers of the Defense Production Act Reauthorization of 2003 (Pub- in effect under the International Emergency Agencies; and lic Law 108–195) and ending on the date of the Economic Powers Act) is made aware of any (H) the Director of Operational Test and enactment of this Act. relevant resources made available by the De- Evaluation and the heads of the operational (b) CONSIDERATIONS.—In conducting the re- partment of State and the Department of test organizations of the military depart- view required by this section, the Comp- Commerce to assist in compliance with the ments and the Defense Agencies. troller shall examine— requirement established by subsection (a) (3) The application of such policies and (1) the relevance and utility of the authori- and the need for a corporate compliance plan procedures to information technologies that ties provided under the Defense Production and periodic internal audits of corporate per- are an integral part of weapons or weapon Act of 1950 to meet the security challenges of formance under such plan. systems. the 21st Century; (c) REPORT.—Not later than 180 days after (4) The requirements of subtitle III of title (2) the manner in which the authorities the date of the enactment of this Act, the 40, United States Code, and chapter 35 of provided under such Act have been used by Secretary of Defense shall submit to the title 44, United States Code, regarding per- the Federal Government— Committee on Armed Services of the Senate formance-based and results-based manage- (A) to meet security challenges; and the Committee on Armed Services of the ment, capital planning, and investment con- (B) to meet current and future defense re- House of Representatives a report assessing trol in the acquisition of information tech- quirements; the utility of— nology. (C) to meet current and future energy re- (1) requiring defense contractors (or sub- (5) Department of Defense policies and pro- quirements; contractors at any tier) to periodically re- cedures for maximizing the usage of com- (D) to meet current and future domestic port on measures taken to ensure compli- mercial information technology while ensur- emergency and disaster response and recov- ance with the International Traffic in Arms ing the security of the microelectronics, ery requirements; Regulations and the Export Administration software, and networks of the Department. (E) to reduce the interruption of critical Regulations; (6) The suitability of Department of De- infrastructure operations during a terrorist (2) requiring periodic audits of defense con- fense acquisition regulations, including De- attack, natural catastrophe, or other similar tractors (or subcontractors at any tier) to partment of Defense Directive 5000.1 and the national emergency; and ensure compliance with all provisions of the accompanying milestones, to the acquisition (F) to safeguard critical components of the International Traffic in Arms Regulations of information technology systems. United States industrial base, including and the Export Administration Regulations; (7) The adequacy and transparency of American aerospace and shipbuilding indus- (3) requiring defense contractors to main- metrics used by the Department of Defense tries; tain a corporate training plan to disseminate for the acquisition of information tech- (3) the economic impact of foreign offset information to appropriate contractor per- nology systems. contracts; sonnel regarding the applicability of the

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00130 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H157 Arms Export Control Act and the Export Ad- Sec. 902. Flexibility to adjust the number of Sec. 956. Inclusion of commanders of West- ministration Act of 1979; and deputy chiefs and assistant ern Hemisphere combatant (4) requiring a designated corporate liai- chiefs. commands in Board of Visitors son, available for training provided by the Sec. 903. Change in eligibility requirements of Western Hemisphere Insti- United States Government, whose primary for appointment to Department tute for Security Cooperation. responsibility would be contractor compli- of Defense leadership positions. Sec. 957. Comptroller General assessment of ance with the Arms Export Control Act and Sec. 904. Management of the Department of reorganization of the Office of the Export Administration Act of 1979. Defense. the Under Secretary of Defense (d) DEFINITIONS.—In this section: Sec. 905. Revision in guidance relating to for Policy. (1) EXPORT ADMINISTRATION REGULATIONS.— combatant command acquisi- Sec. 958. Report on foreign language pro- The term ‘‘Export Administration Regula- tion authority. ficiency. tions’’ means those regulations contained in Sec. 906. Department of Defense Board of Subtitle A—Department of Defense sections 730 through 774 of title 15, Code of Actuaries. Management Federal Regulations (or successor regula- tions). Sec. 907. Modification of background re- SEC. 901. REPEAL OF LIMITATION ON MAJOR DE- quirement of individuals ap- (2) INTERNATIONAL TRAFFIC IN ARMS REGU- PARTMENT OF DEFENSE HEAD- pointed as Under Secretary of QUARTERS ACTIVITIES PERSONNEL LATIONS.—The term ‘‘International Traffic in AND RELATED REPORT. Arms Regulations’’ means those regulations Defense for Acquisition, Tech- (a) REPEAL OF LIMITATION.— contained in sections 120 through 130 of title nology, and Logistics. 22, Code of Federal Regulations (or successor Sec. 908. Assistant Secretaries of the mili- (1) REPEAL.—Section 130a of title 10, regulations). tary departments for acquisi- United States Code, is repealed. (2) CLERICAL AMENDMENT.—The table of SEC. 891. PROCUREMENT GOAL FOR NATIVE HA- tion matters; principal military WAIIAN-SERVING INSTITUTIONS AND deputies. sections at the beginning of chapter 3 of such ALASKA NATIVE-SERVING INSTITU- Sec. 909. Sense of Congress on term of Office title is amended by striking the item relat- TIONS. of the Director of Operational ing to section 130a. Section 2323 of title 10, United States Code, Test and Evaluation. (b) REPORT REQUIRED.—The Secretary of is amended— Defense shall include a report with the de- Subtitle B—Space Activities (1) in subsection (a)(1)— fense budget materials for each fiscal year (A) by striking ‘‘and’’ at the end of sub- Sec. 911. Space protection strategy. that includes the following information: paragraph (C); Sec. 912. Biennial report on management of (1) The average number of military per- (B) by striking the period at the end of space cadre within the Depart- sonnel and civilian employees of the Depart- subparagraph (D) and inserting ‘‘; and’’; and ment of Defense. ment of Defense assigned to major Depart- (C) by adding at the end the following new Sec. 913. Additional report on oversight of ment of Defense headquarters activities for subparagraph: acquisition for defense space each component of the Department of De- ‘‘(E) Native Hawaiian-serving institutions programs. fense during the preceding fiscal year. and Alaska Native-serving institutions (as Subtitle C—Chemical Demilitarization (2) The total increase in personnel assigned defined in section 317 of the Higher Edu- Program to major headquarters activities, if any, dur- cation Act of 1965).’’; ing the preceding fiscal year— (2) in subsection (a)(2), by inserting after Sec. 921. Chemical demilitarization citizens (A) attributable to the replacement of con- ‘‘Hispanic-serving institutions,’’ the fol- advisory commissions. tract personnel with military personnel or lowing: ‘‘Native Hawaiian-serving institu- Sec. 922. Sense of Congress on completion of civilian employees of the Department of De- tions and Alaska Native-serving institu- destruction of United States fense, including the number of positions as- tions,’’; chemical weapons stockpile. sociated with the replacement of contract (3) in subsection (c)(1), by inserting after Sec. 923. Repeal of certain qualifications re- personnel performing inherently govern- ‘‘Hispanic-serving institutions,’’ the fol- quirement for director of chem- mental functions; and lowing: ‘‘Native Hawaiian-serving institu- ical demilitarization manage- (B) attributable to reasons other than the tions and Alaska Native-serving institu- ment organization. replacement of contract personnel with mili- tions,’’; and Sec. 924. Modification of termination of as- tary personnel or civilian employees of the (4) in subsection (c)(3), by inserting after sistance to State and local gov- Department, such as workload or operational ‘‘Hispanic-serving institutions,’’ the fol- ernments after completion of demand increases. lowing: ‘‘to Native Hawaiian-serving institu- the destruction of the United (3) An estimate of the cost savings, if any, tions and Alaska Native-serving institu- States chemical weapons stock- associated with the elimination of contracts tions,’’. pile. for the performance of major headquarters SEC. 892. COMPETITION FOR PROCUREMENT OF Subtitle D—Intelligence-Related Matters activities. SMALL ARMS SUPPLIED TO IRAQ Sec. 931. Technical amendments to title 10, (4) The number of military personnel and AND AFGHANISTAN. United States Code, arising civilian employees of the Department of De- (a) COMPETITION REQUIREMENT.—For the from enactment of the Intel- fense assigned to major headquarters activi- procurement of pistols and other weapons de- ties for each component of the Department scribed in subsection (b), the Secretary of ligence Reform and Terrorism Prevention Act of 2004. of Defense as of October 1 of the preceding Defense shall ensure, consistent with the fiscal year. provisions of section 2304 of title 10, United Subtitle E—Roles and Missions Analysis (c) DEFINITIONS.—In this section: States Code, that— Sec. 941. Requirement for quadrennial roles (1) DEFENSE BUDGET MATERIALS.—The term (1) full and open competition is obtained to and missions review. ‘‘defense budget materials’’, with respect to the maximum extent practicable; Sec. 942. Joint Requirements Oversight a fiscal year, means the materials submitted (2) no responsible United States manufac- Council additional duties relat- to Congress by the Secretary of Defense in turer is excluded from competing for such ing to core mission areas. support of the budget for that fiscal year procurements; and Sec. 943. Requirement for certification of that is submitted to Congress by the Presi- (3) products manufactured in the United major systems prior to tech- dent under section 1105 of title 31, United States are not excluded from the competi- nology development. States Code. tion. Sec. 944. Presentation of future-years mis- (2) CONTRACT PERSONNEL.—The term ‘‘con- (b) PROCUREMENTS COVERED.—This section tract personnel’’ means persons hired under applies to the procurement of the following: sion budget by core mission a contract with the Department of Defense (1) Pistols and other weapons less than 0.50 area. for the performance of major Department of caliber for assistance to the Army of Iraq, Subtitle F—Other Matters Defense headquarters activities. the Iraqi Police Forces, and other Iraqi secu- Sec. 951. Department of Defense consider- rity organizations. SEC. 902. FLEXIBILITY TO ADJUST THE NUMBER ation of effect of climate OF DEPUTY CHIEFS AND ASSISTANT (2) Pistols and other weapons less than 0.50 change on Department facili- CHIEFS. caliber for assistance to the Army of Afghan- ties, capabilities, and missions. (a) ARMY.—Section 3035(b) of title 10, istan, the Afghani Police Forces, and other Sec. 952. Interagency policy coordination. United States Code, is amended to read as Afghani security organizations. Sec. 953. Expansion of employment cred- follows: TITLE IX—DEPARTMENT OF DEFENSE itable under service agreements ‘‘(b) The Secretary of the Army shall pre- ORGANIZATION AND MANAGEMENT under National Security Edu- scribe the number of Deputy Chiefs of Staff Subtitle A—Department of Defense cation Program. and Assistant Chiefs of Staff, for a total of Management Sec. 954. Board of Regents for the Uniformed not more than eight positions.’’. Sec. 901. Repeal of limitation on major De- Services University of the (b) NAVY.— partment of Defense head- Health Sciences. (1) DEPUTY CHIEFS OF NAVAL OPERATIONS.— quarters activities personnel Sec. 955. Establishment of Department of Section 5036(a) of title 10, United States and related report. Defense School of Nursing. Code, is amended—

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00131 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H158 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (A) by striking ‘‘There are in the Office of subparagraph (C) and perform such duties (E) procedures to oversee the development the Chief of Naval Operations not more than and have such authorities as are delegated of, and review and approve, all budget re- five Deputy Chiefs of Naval Operations,’’ and by the Chief Management Officer. quests for defense business systems. inserting ‘‘There are Deputy Chiefs of Naval (3) EXECUTIVE SCHEDULE LEVEL III.—Section (3) UPDATES.—The Secretary of Defense, Operations in the Office of the Chief of Naval 5314 of title 5, United States Code, is amend- acting through the Chief Management Offi- Operations,’’; and ed by inserting after the item relating to the cer, shall update the strategic management (B) by adding at the end the following: Under Secretary of Defense for Intelligence plan no later than July 1, 2009, and every two ‘‘The Secretary of the Navy shall prescribe the following new item: years thereafter and provide a copy to the the number of Deputy Chiefs of Naval Oper- ‘‘Deputy Chief Management Officer of the Committees on Armed Services of the Senate ations under this section and Assistant Department of Defense.’’. and the House of Representatives. Chiefs of Naval Operations under section 5037 (4) PLACEMENT IN OSD.—Section 131(b)(2) of (e) REPORT.—Not later than 180 days after of this title, for a total of not more than title 10, United States Code, is amended— the date of the enactment of this Act, the eight positions.’’. (A) by redesignating paragraphs (3) Secretary of Defense shall provide to the (2) ASSISTANT CHIEFS OF NAVAL OPER- through (8) as paragraphs (4) through (9), re- Committees on Armed Services of the Senate ATIONS.—Section 5037(a) of such title is spectively; and and the House of Representatives a report on amended— (B) by inserting after paragraph (2) the fol- the implementation of this section and a (A) by striking ‘‘There are in the Office of lowing new paragraph (3): copy of the strategic management plan re- the Chief of Naval Operations not more than ‘‘(3) The Deputy Chief Management Officer quired by subsection (d). three Assistant Chiefs of Naval Operations,’’ of the Department of Defense.’’. SEC. 905. REVISION IN GUIDANCE RELATING TO and inserting ‘‘There are Assistant Chiefs of (b) ASSIGNMENT OF MANAGEMENT DUTIES COMBATANT COMMAND ACQUISI- Naval Operations in the Office of the Chief of AND DESIGNATION OF THE CHIEF MANAGEMENT TION AUTHORITY. Naval Operations,’’; and OFFICERS OF THE MILITARY DEPARTMENTS.— Subparagraph (B) of section 905(b)(1) of the (B) by adding at the end the following: (1) The Secretary of a military department John Warner National Defense Authorization ‘‘The Secretary of the Navy shall prescribe shall assign duties and authorities relating Act for Fiscal Year 2007 (Public Law 109–364; the number of Assistant Chiefs of Naval Op- to the management of the business oper- 120 Stat. 2353) is amended by striking ‘‘and erations in accordance with section 5036(a) of ations of such military department. mutually supportive of’’. this title.’’. (2) The Secretary of a military depart- SEC. 906. DEPARTMENT OF DEFENSE BOARD OF (c) AIR FORCE.—Section 8035(b) of title 10, ment, in assigning duties and authorities ACTUARIES. United States Code, is amended to read as under paragraph (1) shall designate the (a) ESTABLISHMENT.— follows: Under Secretary of such military depart- (1) IN GENERAL.—Chapter 7 of title 10, ‘‘(b) The Secretary of the Air Force shall ment to have the primary management re- United States Code, is amended by inserting prescribe the number of Deputy Chiefs of sponsibility for business operations, to be after section 182 the following new section: known in the performance of such duties as Staff and Assistant Chiefs of Staff, for a ‘‘§ 183. Department of Defense Board of Actu- the Chief Management Officer. total of not more than eight positions.’’. aries SEC. 903. CHANGE IN ELIGIBILITY REQUIRE- (3) The Secretary shall assign such duties ‘‘(a) IN GENERAL.—There shall be in the De- MENTS FOR APPOINTMENT TO DE- and authorities to the Chief Management Of- PARTMENT OF DEFENSE LEADER- ficer as are necessary for that official to ef- partment of Defense a Department of De- SHIP POSITIONS. fectively and efficiently organize the busi- fense Board of Actuaries (hereinafter in this (a) SECRETARY OF DEFENSE.—Section 113(a) ness operations of the military department section referred to as the ‘Board’). of title 10, United States Code, is amended by concerned. ‘‘(b) MEMBERS.—(1) The Board shall consist striking ‘‘10’’ and inserting ‘‘seven’’. (4) The Chief Management Officer of each of three members who shall be appointed by (b) DEPUTY SECRETARY OF DEFENSE.—Sec- military department shall promptly provide the Secretary of Defense from among quali- tion 132(a) of such title is amended by strik- such information relating to the business op- fied professional actuaries who are members ing ‘‘ten’’ and inserting ‘‘seven’’. erations of such department to the Chief of the Society of Actuaries. (c) UNDER SECRETARY OF DEFENSE FOR POL- Management Officer and Deputy Chief Man- ‘‘(2) The members of the Board shall serve ICY.—Section 134(a) of such title is amended agement Officer of the Department of De- for a term of 15 years, except that a member by striking ‘‘10’’ and inserting ‘‘seven’’. fense as is necessary to assist those officials of the Board appointed to fill a vacancy oc- SEC. 904. MANAGEMENT OF THE DEPARTMENT in the performance of their duties. curring before the end of the term for which OF DEFENSE. (c) MANAGEMENT OF DEFENSE BUSINESS the member’s predecessor was appointed (a) ASSIGNMENT OF MANAGEMENT DUTIES TRANSFORMATION AGENCY.—Section 192(e)(2) shall only serve until the end of such term. AND DESIGNATION OF A CHIEF MANAGEMENT of title 10, United States Code, is amended by A member may serve after the end of the OFFICER AND DEPUTY CHIEF MANAGEMENT OF- striking ‘‘that the Agency’’ and all that fol- member’s term until the member’s successor FICER OF THE DEPARTMENT OF DEFENSE.— lows and inserting ‘‘that the Director of the takes office. (1) ESTABLISHMENT OF POSITION.—Section Agency shall report directly to the Deputy ‘‘(3) A member of the Board may be re- 132 of title 10, United States Code is amend- Chief Management Officer of the Department moved by the Secretary of Defense only for ed— of Defense.’’. misconduct or failure to perform functions (A) by redesignating subsection (c) as sub- (d) STRATEGIC MANAGEMENT PLAN RE- vested in the Board. section (d); and QUIRED.— ‘‘(4) A member of the Board who is not an (B) by inserting after subsection (b) the (1) REQUIREMENT.—The Secretary of De- employee of the United States is entitled to following new subsection (c): fense, acting through the Chief Management receive pay at the daily equivalent of the an- ‘‘(c) The Deputy Secretary serves as the Officer of the Department of Defense, shall nual rate of basic pay of the highest rate of Chief Management Officer of the Department develop a strategic management plan for the basic pay then currently being paid under of Defense. The Deputy Secretary shall be Department of Defense. the General Schedule of subchapter III of assisted in this capacity by a Deputy Chief (2) MATTERS COVERED.—Such plan shall in- chapter 53 of title 5 for each day the member Management Officer, who shall be appointed clude, at a minimum, detailed descriptions is engaged in the performance of the duties from civilian life by the President, by and of— of the Board and is entitled to travel ex- with the advice and consent of the Senate.’’. (A) performance goals and measures for penses, including a per diem allowance, in (2) ASSIGNMENT OF DUTIES.— improving and evaluating the overall effi- accordance with section 5703 of that title in (A) The Secretary of Defense shall assign ciency and effectiveness of the business oper- connection with such duties. duties and authorities relating to the man- ations of the Department of Defense and ‘‘(c) DUTIES.—The Board shall have the fol- agement of the business operations of the achieving an integrated management system lowing duties: Department of Defense. for business support areas within the Depart- ‘‘(1) To review valuations of the Depart- (B) The Secretary shall assign such duties ment of Defense; ment of Defense Military Retirement Fund and authorities to the Chief Management Of- (B) key initiatives to be undertaken by the in accordance with section 1465(c) of this ficer as are necessary for that official to ef- Department of Defense to achieve the per- title and submit to the President and Con- fectively and efficiently organize the busi- formance goals under subparagraph (A), to- gress, not less often than once every four ness operations of the Department of De- gether with related resource needs; years, a report on the status of that Fund, fense. (C) procedures to monitor the progress of including such recommendations for modi- (C) The Secretary shall assign such duties the Department of Defense in meeting per- fications to the funding or amortization of and authorities to the Deputy Chief Manage- formance goals and measures under subpara- that Fund as the Board considers appro- ment Officer as are necessary for that offi- graph (A); priate and necessary to maintain that Fund cial to assist the Chief Management Officer (D) procedures to review and approve plans on a sound actuarial basis. to effectively and efficiently organize the and budgets for changes in business oper- ‘‘(2) To review valuations of the Depart- business operations of the Department of De- ations, including any proposed changes to ment of Defense Education Benefits Fund in fense. policies, procedures, processes, and systems, accordance with section 2006(e) of this title (D) The Deputy Chief Management Officer to ensure the compatibility of such plans and and make recommendations to the President shall perform the duties and have the au- budgets with the strategic management plan and Congress on such modifications to the thorities assigned by the Secretary under of the Department of Defense; and funding or amortization of that Fund as the

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00132 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H159 Board considers appropriate to maintain (3) Section 1466(c)(3) of such title is amend- SEC. 909. SENSE OF CONGRESS ON TERM OF OF- that Fund on a sound actuarial basis. ed by striking ‘‘Retirement’’. FICE OF THE DIRECTOR OF OPER- ‘‘(3) To review valuations of such other (4) Section 12521(6) of such title is amended ATIONAL TEST AND EVALUATION. funds as the Secretary of Defense shall speci- by striking ‘‘Department of Defense Edu- It is the sense of Congress that the term of fy for purposes of this section and make rec- cation Benefits Board of Actuaries referred office of the Director of Operational Test and ommendations to the President and Congress to in section 2006(e)(1) of this title’’ and in- Evaluation of the Department of Defense on such modifications to the funding or am- serting ‘‘Department of Defense Board of Ac- should be not less than five years. ortization of such funds as the Board con- tuaries under section 183 of this title’’. Subtitle B—Space Activities siders appropriate to maintain such funds on SEC. 907. MODIFICATION OF BACKGROUND RE- SEC. 911. SPACE PROTECTION STRATEGY. a sound actuarial basis. QUIREMENT OF INDIVIDUALS AP- (a) SENSE OF CONGRESS.—It is the Sense of ‘‘(d) RECORDS.—The Secretary of Defense POINTED AS UNDER SECRETARY OF Congress that the United States should place shall ensure that the Board has access to DEFENSE FOR ACQUISITION, TECH- NOLOGY, AND LOGISTICS. greater priority on the protection of na- such records regarding the funds referred to tional security space systems. in subsection (c) as the Board shall require Section 133(a) of title 10, United States Code, is amended by striking ‘‘in the private (b) STRATEGY.—The Secretary of Defense, to determine the actuarial status of such in conjunction with the Director of National funds. sector’’. SEC. 908. ASSISTANT SECRETARIES OF THE MILI- Intelligence, shall develop a strategy, to be ‘‘(e) REPORTS.—(1) The Board shall submit known as the Space Protection Strategy, for to the Secretary of Defense on an annual TARY DEPARTMENTS FOR ACQUISI- TION MATTERS; PRINCIPAL MILI- the development and fielding by the United basis a report on the actuarial status of each TARY DEPUTIES. States of the capabilities that are necessary of the following: (a) DEPARTMENT OF THE ARMY.—Section to ensure freedom of action in space for the ‘‘(A) The Department of Defense Military 3016(b) of title 10, United States Code, is United States. Retirement Fund. amended by adding at the end the following (c) MATTERS INCLUDED.—The strategy re- ‘‘(B) The Department of Defense Education new paragraph: quired by subsection (b) shall include each of Benefits Fund. ‘‘(5)(A) One of the Assistant Secretaries the following: ‘‘(C) Each other fund specified by Sec- shall be the Assistant Secretary of the Army (1) An identification of the threats to, and retary under subsection (c)(3). for Acquisition, Technology, and Logistics. the vulnerabilities of, the national security ‘‘(2) The Board shall also furnish its advice The principal duty of the Assistant Sec- space systems of the United States. and opinion on matters referred to it by the retary shall be the overall supervision of ac- (2) A description of the capabilities cur- Secretary.’’. quisition, technology, and logistics matters rently contained in the program of record of (2) CLERICAL AMENDMENT.—The table of of the Department of the Army. the Department of Defense and the intel- sections at the beginning of chapter 7 of such ‘‘(B) The Assistant Secretary shall have a ligence community that ensure freedom of title is amended by inserting after the item Principal Military Deputy, who shall be a action in space. relating to section 182 the following new lieutenant general of the Army on active (3) For each period covered by the strat- item: duty. The Principal Military Deputy shall be egy, a description of the capabilities that are ‘‘183. Department of Defense Board of Actu- appointed from among officers who have sig- needed for the period, including— aries’’. nificant experience in the areas of acquisi- (A) the hardware, software, and other ma- tion and program management. The position (3) INITIAL SERVICE AS BOARD MEMBERS.— terials or services to be developed or pro- Each member of the Department of Defense of Principal Military Deputy shall be des- cured; Retirement Board of Actuaries or the De- ignated as a critical acquisition position (B) the management and organizational partment of Defense Education Benefits under section 1733 of this title.’’. changes to be achieved; and (b) DEPARTMENT OF THE NAVY.—Section Board of Actuaries as of the date of the en- (C) concepts of operations, tactics, tech- 5016(b) of such title is amended by adding at actment of this Act shall serve as an initial niques, and procedures to be employed. the end the following new paragraph: (4) For each period covered by the strat- member of the Department of Defense Board ‘‘(4)(A) One of the Assistant Secretaries egy, an assessment of the gaps and shortfalls of Actuaries under section 183 of title 10, shall be the Assistant Secretary of the Navy between the capabilities that are needed for United States Code (as added by paragraph for Research, Development, and Acquisition. the period and the capabilities currently (1)), from that date until the date otherwise The principal duty of the Assistant Sec- contained in the program of record. provided for the completion of such individ- retary shall be the overall supervision of re- (5) For each period covered by the strat- ual’s term as a member of the Department of search, development, and acquisition mat- egy, a comprehensive plan for investment in Defense Retirement Board of Actuaries or ters of the Department of the Navy. the Department of Defense Education Bene- ‘‘(B) The Assistant Secretary shall have a capabilities that identifies specific program fits Board of Actuaries, as the case may be, Principal Military Deputy, who shall be a and technology investments to be made in unless earlier removed by the Secretary of vice admiral of the Navy or a lieutenant gen- that period. Defense. eral of the Marine Corps on active duty. The (6) A description of the current processes (b) TERMINATION OF EXISTING BOARDS OF Principal Military Deputy shall be appointed by which the systems protection require- ACTUARIES.— from among officers who have significant ex- ments of the Department of Defense and the (1) DEPARTMENT OF DEFENSE RETIREMENT perience in the areas of acquisition and pro- intelligence community are addressed in BOARD OF ACTUARIES.—(A) Section 1464 of gram management. The position of Principal space acquisition programs and during key title 10, United States Code, is repealed. Military Deputy shall be designated as a milestone decisions, an assessment of the (B) The table of sections at the beginning critical acquisition position under section adequacy of those processes, and an identi- of chapter 74 of such title is amended by 1733 of this title.’’. fication of the actions of the Department striking the item relating to section 1464. (c) DEPARTMENT OF THE AIR FORCE.—Sec- and the intelligence community for address- (2) DEPARTMENT OF DEFENSE EDUCATION tion 8016(b) of such title is amended by add- ing any inadequacies in those processes. BENEFITS BOARD OF ACTUARIES.—Section 2006 ing at the end the following new paragraph: (7) A description of the current processes of such title is amended— ‘‘(4)(A) One of the Assistant Secretaries by which the Department of Defense and the (A) in subsection (c)(1), by striking ‘‘sub- shall be the Assistant Secretary of the Air intelligence community program and budget section (g)’’ and inserting ‘‘subsection (f)’’; Force for Acquisition. The principal duty of for capabilities (including capabilities that (B) by striking subsection (e); the Assistant Secretary shall be the overall are incorporated into single programs and (C) by redesignating subsections (f), (g), supervision of acquisition matters of the De- capabilities that span multiple programs), and (h) as subsections (e), (f), and (g), respec- partment of the Air Force. an assessment of the adequacy of those proc- tively; ‘‘(B) The Assistant Secretary shall have a esses, and an identification of the actions of (D) in subsection (e), as redesignated by Principal Military Deputy, who shall be a the Department and the intelligence commu- subparagraph (C), by striking ‘‘subsection lieutenant general of the Air Force on active nity for addressing any inadequacies in those (g)’’ in paragraph (5) and inserting ‘‘sub- duty. The Principal Military Deputy shall be processes. section (f)’’; and appointed from among officers who have sig- (8) A description of the organizational and (E) in subsection (f), as so redesignated— nificant experience in the areas of acquisi- management structure of the Department of (i) in paragraph (2)(A), by striking ‘‘sub- tion and program management. The position Defense and the intelligence community for section (f)(3)’’ and inserting ‘‘subsection of Principal Military Deputy shall be des- addressing policy, planning, acquisition, and (e)(3)’’; and ignated as a critical acquisition position operations with respect to capabilities, a de- (ii) in paragraph (2)(B), by striking ‘‘sub- under section 1733 of this title.’’. scription of the roles and responsibilities of section (f)(4)’’ and inserting ‘‘subsection (d) DUTY OF PRINCIPAL MILITARY DEPUTIES each organization, and an identification of (e)(4)’’. TO INFORM SERVICE CHIEFS ON MAJOR DE- the actions of the Department and the intel- (c) CONFORMING AMENDMENTS.— FENSE ACQUISITION PROGRAMS.—Each Prin- ligence community for addressing any inad- (1) Section 1175(h)(4) of title 10, United cipal Military Deputy to a service acquisi- equacies in that structure. States Code, is amended by striking ‘‘Retire- tion executive shall be responsible for keep- (d) PERIODS COVERED.—The strategy re- ment’’ the first place it appears. ing the Chief of Staff of the Armed Forces quired by subsection (b) shall cover the fol- (2) Section 1460(b) of such title is amended concerned informed of the progress of major lowing periods: by striking ‘‘Retirement’’. defense acquisition programs. (1) Fiscal years 2008 through 2013.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00133 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H160 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (2) Fiscal years 2014 through 2019. ‘‘(D) the number of personnel serving in request of the Governor of the commission’s (3) Fiscal years 2020 through 2025. billets coded or classified as space cadre per- State, whichever occurs first’’. (e) DEFINITIONS.—In this section— sonnel that discontinued serving each mili- SEC. 922. SENSE OF CONGRESS ON COMPLETION (1) the term ‘‘capabilities’’ means space, tary department and defense agency during OF DESTRUCTION OF UNITED airborne, and ground systems and capabili- the preceding calendar year; STATES CHEMICAL WEAPONS ties for space situational awareness and for ‘‘(E) for each of the reporting requirements STOCKPILE. space systems protection; and in subparagraphs (A) through (D), further (a) FINDINGS.—Congress makes the fol- (2) the term ‘‘intelligence community’’ has classification of the number of personnel lowing findings: the meaning given such term in section 3(4) by— (1) The Convention on the Prohibition of the Development, Production, Stockpiling of the National Security Act of 1947 (50 ‘‘(i) space operators, acquisition personnel, and Use of Chemical Weapons and on Their U.S.C. 401a(4)). engineers, scientists, program managers, and Destruction, done at Paris on January 13, (f) REPORT; BIENNIAL UPDATE.— other space-related areas identified by the 1993 (commonly referred to as the ‘‘Chemical (1) REPORT.—Not later than six months Department; Weapons Convention’’), requires that de- after the date of the enactment of this Act, ‘‘(ii) expertise or technical specialization struction of the entire United States chem- the Secretary of Defense, in conjunction area— ical weapons stockpile be completed by not with the Director of National Intelligence, ‘‘(I) such as communications, missile warn- later than April 29, 2007. shall submit to Congress a report on the ing, spacelift, and any other space-related (2) In 2006, under the terms of the Chemical strategy required by subsection (b), includ- specialties identified by the Department or Weapons Convention, the United States re- ing each of the matters required by sub- classifications used by the Department; and quested and received a one-time, 5-year ex- section (c). ‘‘(II) consistent with section 1721 of this tension of its chemical weapons destruction (2) BIENNIAL UPDATE.—Not later than title for acquisition personnel; deadline to April 29, 2012. March 15 of each even-numbered year after ‘‘(iii) rank for active duty and reserve duty (3) On April 10, 2006, the Secretary of De- 2008, the Secretary of Defense, in conjunc- personnel and grade for government civilian fense notified Congress that the United tion with the Director of National Intel- personnel; States would not meet even the extended ligence, shall submit to Congress an update ‘‘(iv) qualification, expertise, or pro- deadline under the Chemical Weapons Con- to the report required by paragraph (1). ficiency level consistent with service and vention for destruction of the United States (3) CLASSIFICATION.—The report required by agency-defined qualification, expertise, or chemical weapons stockpile, but would ‘‘con- paragraph (1), and each update required by proficiency levels; and tinue working diligently to minimize the paragraph (2), shall be in unclassified form, ‘‘(v) any other such space-related classi- time to complete destruction without sacri- but may include a classified annex. fication categories used by the Department ficing safety and security’’ and would also (g) CONFORMING REPEAL.—Section 911 of or military departments; and ‘‘continue requesting resources needed to the National Defense Authorization Act for ‘‘(F) any other metrics identified by the complete destruction as close to April 2012 as Fiscal Year 2006 (Public Law 109–163; 119 Department to improve the identification, practicable’’. Stat. 3405; 10 U.S.C. 2271 note) is repealed. tracking, training, and management of space (4) The United States chemical demili- SEC. 912. BIENNIAL REPORT ON MANAGEMENT cadre personnel. tarization program has met its one percent, OF SPACE CADRE WITHIN THE DE- ‘‘(3) ASSESSMENTS.—The report required by PARTMENT OF DEFENSE. 20 percent, and extended 45 percent destruc- paragraph (1) shall also include the Sec- tion deadlines under the Chemical Weapons (a) IN GENERAL.—Chapter 23 of title 10, retary’s assessment of the state of the De- Convention. United States Code, is amended by adding at partment’s space cadre, the Secretary’s as- (5) Destroying the remaining stockpile of the end the following new section: sessment of the space cadres of the military United States chemical weapons is impera- ‘‘§ 490. Space cadre management: biennial re- departments, and a description of efforts to tive for public safety and homeland security, port ensure the Department has a space cadre suf- and doing so by April 2012, in accordance ‘‘(a) REQUIREMENT.—The Secretary of De- ficient to meet current and future national with the current destruction deadline pro- fense and each Secretary of a military de- security space needs.’’. vided under the Chemical Weapons Conven- (b) CLERICAL AMENDMENT.—The table of partment shall develop metrics and use these tion, is required by United States law. sections at the beginning of such chapter is metrics to identify, track, and manage space (6) The elimination of chemical weapons amended by adding at the end the following cadre personnel within the Department of anywhere they exist in the world, and the new item: Defense to ensure the Department has suffi- prevention of their proliferation, is of ut- cient numbers of personnel with the exper- ‘‘490. Space cadre management: biennial re- most importance to the national security of tise, training, and experience to meet cur- port.’’. the United States. rent and future national security space SEC. 913. ADDITIONAL REPORT ON OVERSIGHT (7) Section 921(b)(3) of the John Warner Na- needs. OF ACQUISITION FOR DEFENSE tional Defense Authorization Act for Fiscal ‘‘(b) BIENNIAL REPORT REQUIRED.— SPACE PROGRAMS. Year 2007 (Public Law 109–364; 120 Stat. 2359) ‘‘(1) IN GENERAL.—Not later than 180 days Section 911(b)(1) of the Bob Stump Na- contained a sense of Congress urging the after the date of the enactment of this sec- tional Defense Authorization Act for Fiscal Secretary of Defense to ensure the elimi- tion, and every even-numbered year there- Year 2003 (Public Law 107–314; 116 Stat. 2621) nation of the United States chemical weap- after, the Secretary of Defense shall submit is amended by inserting ‘‘, and March 15, ons stockpile in the shortest time possible, to the congressional defense committees a 2008,’’ after ‘‘March 15, 2003,’’. consistent with the requirement to protect report on the management of the space Subtitle C—Chemical Demilitarization public health, safety, and the environment. cadre. Program (8) Section 921(b)(4) of that Act contained a ‘‘(2) MATTERS INCLUDED.—The report re- SEC. 921. CHEMICAL DEMILITARIZATION CITI- sense of Congress urging the Secretary of De- quired by paragraph (1) shall include— ZENS ADVISORY COMMISSIONS. fense to propose a credible treatment and ‘‘(A) the number of active duty, reserve (a) FUNCTIONS.—Section 172 of the National disposal process with the support of affected duty, and government civilian space-coded Defense Authorization Act for Fiscal Year communities. In this regard, any such proc- billets that— 1993 (50 U.S.C. 1521 note) is amended— ess should provide for sufficient communica- ‘‘(i) are authorized or permitted to be (1) in each of subsections (b) and (f), by tion and consultation between representa- maintained for each military department striking ‘‘Assistant Secretary of the Army tives of the Department of Defense and rep- and defense agency; (Research, Development and Acquisition)’’ resentatives of affected States and commu- ‘‘(ii) are needed or required for each mili- and inserting ‘‘Assistant Secretary of the nities. tary department and defense agency for the Army (Acquisition, Logistics, and Tech- (b) SENSE OF CONGRESS.—It is the sense of year in which the submission of the report is nology)’’; and Congress that— required; and (2) in subsection (g), by striking ‘‘Assistant (1) the United States is, and must remain, ‘‘(iii) are needed or required for each mili- Secretary of the Army (Research, Develop- committed to making every effort to safely tary department and defense agency for each ment, and Acquisition)’’ and inserting ‘‘As- dispose of its entire chemical weapons stock- of the five years following the date of the sistant Secretary of the Army (Acquisition, pile by April 2012, the current destruction submission of the report; Logistics, and Technology)’’. deadline provided under the Chemical Weap- ‘‘(B) the actual number of active duty, re- (b) TERMINATION.—Such section is further ons Convention, or as soon thereafter as pos- serve duty, and government civilian per- amended in subsection (h) by striking ‘‘after sible, and must carry out all of its other ob- sonnel that are coded or classified as space the stockpile located in that commission’s ligations under the Convention; and cadre personnel within the Department of State has been destroyed’’ and inserting (2) the Secretary of Defense should make Defense, including the military departments ‘‘after the closure activities required pursu- every effort to plan for, and to request in the and defense agencies; ant to regulations promulgated by the Ad- annual budget of the President submitted to ‘‘(C) the number of personnel recruited or ministrator of the Environmental Protection Congress adequate funding to complete, the hired as accessions to serve in billets coded Agency pursuant to the Solid Waste Disposal elimination of the United States chemical or classified as space cadre personnel for Act (42 U.S.C. 6901 et seq.) have been com- weapons stockpile in accordance with United each military department and defense agen- pleted for the chemical agent destruction fa- States obligations under the Chemical Weap- cy; cility in the commission’s State, or upon the ons Convention and in a manner that will

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00134 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H161 protect public health, safety, and the envi- ‘‘(ii) The date that is 180 days after the ant to subsection (a), the Chairman of the ronment, as required by law. date of the completion of the destruction of Joint Chiefs of Staff shall prepare and sub- (c) REPORTS REQUIRED.— lethal chemical agents and munitions at the mit to the Secretary the Chairman’s assess- (1) IN GENERAL.—Not later than March 15, installation or facility.’’. ment of the roles and missions of the armed 2008, and every 180 days thereafter until the Subtitle D—Intelligence-Related Matters forces and the assignment of functions to the year in which the United States completes armed forces, together with any rec- SEC. 931. TECHNICAL AMENDMENTS TO TITLE 10, the destruction of its entire stockpile of UNITED STATES CODE, ARISING ommendations for changes in assignment chemical weapons under the terms of the FROM ENACTMENT OF THE INTEL- that the Chairman considers necessary to Chemical Weapons Convention, the Sec- LIGENCE REFORM AND TERRORISM achieve maximum efficiency and effective- retary of Defense shall submit to the mem- PREVENTION ACT OF 2004. ness of the armed forces. bers and committees of Congress referred to (a) REFERENCES TO HEAD OF INTELLIGENCE ‘‘(2) The Chairman’s assessment shall be in paragraph (3) a report on the implementa- COMMUNITY.—Title 10, United States Code, is conducted so as to— tion by the United States of its chemical amended by striking ‘‘Director of Central In- ‘‘(A) organize the significant missions of weapons destruction obligations under the telligence’’ each place it appears in the fol- the armed forces into core mission areas Chemical Weapons Convention. lowing provisions and inserting ‘‘Director of that cover broad areas of military activity; (2) ELEMENTS.—Each report under para- National Intelligence’’: ‘‘(B) ensure that core mission areas are de- graph (1) shall include the following: (1) Section 192(c)(2). fined and functions are assigned so as to (A) The anticipated schedule at the time of (2) Section 193(d)(2). avoid unnecessary duplication of effort such report for the completion of destruction (3) Section 193(e). among the armed forces; and of chemical agents, munitions, and materiel (4) Section 201(a). ‘‘(C) provide the Chairman’s recommenda- at each chemical weapons demilitarization (5) Section 201(c)(1). tions with regard to issues to be addressed facility in the United States. (6) Section 425(a). by the Secretary of Defense under subsection (B) A description of the options and alter- (7) Section 426(a)(3). (c). ‘‘(c) IDENTIFICATION OF CORE MISSION AREAS natives for accelerating the completion of (8) Section 426(b)(2). AND CORE COMPETENCIES AND CAPABILITIES.— (9) Section 441(c). chemical weapons destruction at each such Upon receipt of the Chairman’s assessment, (10) Section 441(d). facility, particularly in time to meet the de- and after giving appropriate consideration to (11) Section 443(d). struction deadline of April 29, 2012, currently the Chairman’s recommendations, the Sec- provided by the Chemical Weapons Conven- (12) Section 2273(b)(1). retary of Defense shall identify— tion, and by December 31, 2017. (13) Section 2723(a). ‘‘(1) the core mission areas of the armed (b) REFERENCES TO HEAD OF CENTRAL IN- (C) A description of the funding required to forces; TELLIGENCE AGENCY.—Such title is further achieve each of the options for destruction ‘‘(2) the core competencies and capabilities amended by striking ‘‘Director of Central In- described under subparagraph (B), and a de- that are associated with the performance or telligence’’ each place it appears in the fol- tailed life-cycle cost estimate for each of the support of a core mission area identified pur- lowing provisions and inserting ‘‘Director of affected facilities included in each such fund- suant to paragraph (1); the Central Intelligence Agency’’: ing profile. ‘‘(3) the elements of the Department of De- (1) Section 431(b)(1). (D) A description of all actions being taken fense (including any other office, agency, ac- (2) Section 444. by the United States to accelerate the de- tivity, or command described in section (3) Section 1089(g). struction of its entire stockpile of chemical 111(b) of this title) that are responsible for (c) OTHER AMENDMENTS.— weapons, agents, and materiel in order to providing the core competencies and capa- (1) SUBSECTION HEADINGS.— meet the current destruction deadline under bilities required to effectively perform the (A) SECTION 441(c).—The heading of sub- the Chemical Weapons Convention of April core missions identified pursuant to para- section (c) of section 441 of such title is 29, 2012, or as soon thereafter as possible. graph (1); amended by striking ‘‘DIRECTOR OF CENTRAL (3) MEMBERS AND COMMITTEES OF CON- ‘‘(4) any gaps in the ability of the elements INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF GRESS.—The members and committees of (or other office, agency activity, or com- NATIONAL INTELLIGENCE’’. Congress referred to in this paragraph are— mand) of the Department of Defense to pro- (B) SECTION 443(d).—The heading of sub- (A) the majority leader of the Senate, the vide core competencies and capabilities re- section (d) of section 443 of such title is minority leader of the Senate, and the Com- quired to effectively perform the core mis- amended by striking ‘‘DIRECTOR OF CENTRAL mittees on Armed Services and Appropria- sions identified pursuant to paragraph (1); INTELLIGENCE’’ and inserting ‘‘DIRECTOR OF tions of the Senate; and ‘‘(5) any unnecessary duplication of core NATIONAL INTELLIGENCE’’. (B) the Speaker of the House of Represent- competencies and capabilities between de- (2) SECTION 201.—Section 201 of such title is atives, the majority leader of the House of fense components; and further amended— Representatives, the minority leader of the ‘‘(6) a plan for addressing any gaps or un- (A) in subsection (b)(1), to read as follows: House of Representatives, and the Commit- necessary duplication identified pursuant to ‘‘(1) In the event of a vacancy in a position tees on Armed Services and Appropriations paragraph (4) or paragraph (5). referred to in paragraph (2), before appoint- of the House of Representatives. ‘‘(d) REPORT.—The Secretary shall submit SEC. 923. REPEAL OF CERTAIN QUALIFICATIONS ing an individual to fill the vacancy or rec- a report on the quadrennial roles and mis- REQUIREMENT FOR DIRECTOR OF ommending to the President an individual to sions review to the Committees on Armed CHEMICAL DEMILITARIZATION MAN- be nominated to fill the vacancy, the Sec- Services of the Senate and the House of Rep- AGEMENT ORGANIZATION. retary of Defense shall obtain the concur- resentatives. The report shall be submitted Section 1412(e)(3) of the Department of De- rence of the Director of National Intel- in the year following the year in which the fense Authorization Act, 1986 (50 U.S.C. ligence as provided in section 106(b) of the review is conducted, but not later than the 1521(e)(3)) is amended— National Security Act of 1947 (50 U.S.C. 403– date on which the President submits the (1) in subparagraph (A), by adding ‘‘and’’ at 6(b)).’’; and budget for the next fiscal year to Congress the end; (B) in subsection (c)(1), by striking ‘‘Na- under section 1105(a) of title 31.’’. (2) by striking subparagraph (B); and tional Foreign Intelligence Program’’ and in- (b) REPEAL OF SUPERSEDED PROVISION.— (3) by redesignating subparagraph (C) as serting ‘‘National Intelligence Program’’. Section 118(e) of title 10, United States Code, subparagraph (B). Subtitle E—Roles and Missions Analysis is amended— SEC. 924. MODIFICATION OF TERMINATION OF SEC. 941. REQUIREMENT FOR QUADRENNIAL (1) by striking paragraph (2); and ASSISTANCE TO STATE AND LOCAL ROLES AND MISSIONS REVIEW. (2) by redesignating paragraph (3) as para- GOVERNMENTS AFTER COMPLETION (a) REQUIREMENT FOR REVIEW.— graph (2). OF THE DESTRUCTION OF THE (1) IN GENERAL.—Chapter 2 of title 10, (c) TIMING OF QUADRENNIAL ROLES AND MIS- UNITED STATES CHEMICAL WEAP- SIONS REVIEW.— ONS STOCKPILE. United States Code, is amended by inserting after section 118a the following new section: (1) FIRST REVIEW.—The first quadrennial Subparagraph (B) of section 1412(c)(5) of roles and missions review under section 118b the Department of Defense Authorization ‘‘§ 118b. Quadrennial roles and missions re- of title 10, United States Code, as added by Act, 1986 (50 U.S.C. 1521(c)(5)) is amended to view subsection (a), shall be conducted during read as follows: ‘‘(a) REVIEW REQUIRED.—The Secretary of 2008. ‘‘(B) Assistance may be provided under this Defense shall every four years conduct a (2) SUBSEQUENT REVIEWS.—Subsequent re- paragraph for capabilities to respond to comprehensive assessment (to be known as views shall be conducted every four years, emergencies involving an installation or fa- the ‘quadrennial roles and missions review’) beginning in 2011. cility as described in subparagraph (A) until of the roles and missions of the armed forces SEC. 942. JOINT REQUIREMENTS OVERSIGHT the earlier of the following: and the core competencies and capabilities COUNCIL ADDITIONAL DUTIES RE- ‘‘(i) The date of the completion of all of the Department of Defense to perform and LATING TO CORE MISSION AREAS. grants and cooperative agreements with re- support such roles and missions. (a) REVISIONS IN MISSION.—Subsection (b) spect to the installation or facility for pur- ‘‘(b) INDEPENDENT MILITARY ASSESSMENT of section 181 of title 10, United States Code, poses of this paragraph between the Federal OF ROLES AND MISSIONS.—(1) In each year in is amended to read as follows: Emergency Management Agency and the which the Secretary of Defense is required to ‘‘(b) MISSION.—In addition to other matters State and local governments concerned. conduct a comprehensive assessment pursu- assigned to it by the President or Secretary

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00135 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.062 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H162 CONGRESSIONAL RECORD — HOUSE January 16, 2008 of Defense, the Joint Requirements Over- ‘‘§ 2366b. Major defense acquisition programs: which such directive and guidance have been sight Council shall— certification required before Milestone A or implemented, and take appropriate steps to ‘‘(1) assist the Chairman of the Joint Key Decision Point A approval ensure that the Department does not com- Chiefs of Staff— ‘‘(a) CERTIFICATION.—A major defense ac- mence a technology development program ‘‘(A) in identifying, assessing, and approv- quisition program may not receive Milestone for a major weapon system without Mile- ing joint military requirements (including A approval, or Key Decision Point A ap- stone A approval (or Key Decision Point A existing systems and equipment) to meet the proval in the case of a space program, until approval in the case of a space program). national military strategy; and the Milestone Decision Authority certifies, (c) EFFECTIVE DATE.—Section 2366b of title ‘‘(B) in identifying the core mission area after consultation with the Joint Require- 10, United States Code, as added by sub- associated with each such requirement; ments Oversight Council on matters related section (a), shall apply to major systems on ‘‘(2) assist the Chairman in establishing to program requirements and military and after March 1, 2008. and assigning priority levels for joint mili- needs— SEC. 944. PRESENTATION OF FUTURE-YEARS MIS- tary requirements; ‘‘(1) that the system fulfills an approved SION BUDGET BY CORE MISSION ‘‘(3) assist the Chairman in reviewing the initial capabilities document; AREA. estimated level of resources required in the ‘‘(2) that the system is being executed by (a) TIME OF SUBMISSION OF FUTURE-YEARS fulfillment of each joint military require- an entity with a relevant core competency as MISSION BUDGET.—The second sentence of ment and in ensuring that such resource identified by the Secretary of Defense under section 222(a) of title 10, United States Code, level is consistent with the level of priority section 118b of this title; is amended to read as follows: ‘‘That budget assigned to such requirement; and ‘‘(3) if the system duplicates a capability shall be submitted for any fiscal year with ‘‘(4) assist acquisition officials in identi- already provided by an existing system, the the future-years defense program submitted fying alternatives to any acquisition pro- duplication provided by such system is nec- under section 221 of this title.’’. gram that meet joint military requirements essary and appropriate; and (b) ORGANIZATION OF FUTURE-YEARS MIS- for the purposes of section 2366a(a)(4), sec- ‘‘(4) that a cost estimate for the system SION BUDGET.—The second sentence of sec- tion 2366b(b), and section 2433(e)(2) of this has been submitted and that the level of re- tion 222(b) of such title is amended by strik- title.’’. sources required to develop and procure the ing ‘‘on the basis’’ and all that follows (b) ADVISORS.—Section 181 of such title is system is consistent with the priority level through the end of the sentence and insert- amended— assigned by the Joint Requirements Over- ing the following: ‘‘on the basis of both (1) by redesignating subsection (d) as sub- sight Council. major force programs and the core mission section (f); and ‘‘(b) NOTIFICATION.—With respect to a areas identified under the most recent quad- (2) by inserting after subsection (c) the fol- major system certified by the Milestone De- rennial roles and missions review pursuant lowing new subsection (d): cision Authority under subsection (a), if the to section 118b of this title.’’. projected cost of the system, at any time ‘‘(d) ADVISORS.—The Under Secretary of (c) EFFECTIVE DATE.—The amendments Defense for Acquisition, Technology, and Lo- prior to Milestone B approval, exceeds the made by this section shall apply with respect gistics, the Under Secretary of Defense cost estimate for the system submitted at to the future-years mission budget for fiscal (Comptroller), and the Director of the Office the time of the certification by at least 25 year 2010 and each fiscal year thereafter. of Program Analysis and Evaluation shall percent, the program manager for the sys- serve as advisors to the Council on matters tem concerned shall notify the Milestone De- Subtitle F—Other Matters within their authority and expertise.’’. cision Authority. The Milestone Decision SEC. 951. DEPARTMENT OF DEFENSE CONSIDER- (c) ORGANIZATION.—Section 181 of such title Authority, in consultation with the Joint ATION OF EFFECT OF CLIMATE is further amended by inserting after sub- Requirements Oversight Council on matters CHANGE ON DEPARTMENT FACILI- TIES, CAPABILITIES, AND MISSIONS. section (d) (as inserted by subsection (b)) the related to program requirements and mili- following new subsection (e): tary needs, shall determine whether the level (a) CONSIDERATION OF CLIMATE CHANGE EF- of resources required to develop and procure FECT.—Section 118 of title 10, United States ‘‘(e) ORGANIZATION.—The Joint Require- the system remains consistent with the pri- Code, is amended by adding at the end the ments Oversight Council shall conduct peri- ority level assigned by the Joint Require- following new subsection: odic reviews of joint military requirements ments Oversight Council. The Milestone De- within a core mission area of the Depart- ‘‘(g) CONSIDERATION OF EFFECT OF CLIMATE cision Authority may withdraw the certifi- ment of Defense. In any such review of a core CHANGE ON DEPARTMENT FACILITIES, CAPA- cation concerned or rescind Milestone A ap- mission area, the officer or official assigned BILITIES, AND MISSIONS.—(1) The first na- proval (or Key Decision Point A approval in to lead the review shall have a deputy from tional security strategy and national defense the case of a space program) if the Milestone a different military department.’’. strategy prepared after the date of the enact- Decision Authority determines that such ac- ment of the National Defense Authorization (d) DEFINITIONS.—Section 181 of such title tion is in the interest of national defense. Act for Fiscal Year 2008 shall include guid- is further amended by adding at the end the ‘‘ (c) DEFINITIONS.—In this section: ance for military planners— following new subsection: ‘‘(1) The term ‘major system’ has the ‘‘(A) to assess the risks of projected cli- ‘‘(g) DEFINITIONS.—In this section: meaning provided in section 2302(5) of this mate change to current and future missions ‘‘(1) The term ‘joint military requirement’ title. of the armed forces; means a capability necessary to fulfill a gap ‘‘(2) The term ‘initial capabilities docu- ‘‘(B) to update defense plans based on these in a core mission area of the Department of ment’ means any capabilities requirement assessments, including working with allies Defense. document approved by the Joint Require- and partners to incorporate climate mitiga- ‘‘(2) The term ‘core mission area’ means a ments Oversight Council that establishes the tion strategies, capacity building, and rel- core mission area of the Department of De- need for a materiel approach to resolve a ca- evant research and development; and fense identified under the most recent quad- pability gap. ‘‘(C) to develop the capabilities needed to rennial roles and missions review pursuant ‘‘(3) The term ‘technology development reduce future impacts. to section 118b of this title.’’. program’ means a coordinated effort to as- ‘‘(2) The first quadrennial defense review (e) CONSULTATION.—Section 2433(e)(2) of sess technologies and refine user perform- prepared after the date of the enactment of such title is amended by inserting ‘‘, after ance parameters to fulfill a capability gap the National Defense Authorization Act for consultation with the Joint Requirements identified in an initial capabilities docu- Fiscal Year 2008 shall also examine the capa- Oversight Council regarding program re- ment. bilities of the armed forces to respond to the quirements,’’ after ‘‘Secretary of Defense’’ in ‘‘(4) The term ‘entity’ means an entity list- consequences of climate change, in par- the matter preceding subparagraph (A). ed in section 125a(a) of this title. ticular, preparedness for natural disasters (f) DEADLINES.—Effective June 1, 2009, all ‘‘(5) The term ‘Milestone B approval’ has from extreme weather events and other mis- joint military requirements documents of the meaning provided that term in section sions the armed forces may be asked to sup- the Joint Requirements Oversight Council 2366(e)(7) of this title.’’. port inside the United States and overseas. produced to carry out its mission under sec- (2) CLERICAL AMENDMENT.—The table of ‘‘(3) For planning purposes to comply with tion 181(b)(1) of title 10, United States Code, sections at the beginning of such chapter is the requirements of this subsection, the Sec- shall reference the core mission areas orga- amended by adding at the end the following retary of Defense shall use— nized and defined under section 118b of such new item: ‘‘(A) the mid-range projections of the title. Not later than October 1, 2009, all such ‘‘2366b. Major defense acquisition programs: fourth assessment report of the Intergovern- documents produced before June 1, 2009, shall certification required before mental Panel on Climate Change; reference such structure. Milestone A or Key Decision ‘‘(B) subsequent mid-range consensus cli- SEC. 943. REQUIREMENT FOR CERTIFICATION OF Point A approval.’’. mate projections if more recent information MAJOR SYSTEMS PRIOR TO TECH- (b) REVIEW OF DEPARTMENT OF DEFENSE AC- is available when the next national security NOLOGY DEVELOPMENT. QUISITION DIRECTIVES.—Not later than 180 strategy, national defense strategy, or quad- (a) REQUIREMENT FOR CERTIFICATION.— days after the date of the enactment of this rennial defense review, as the case may be, is (1) IN GENERAL.—Chapter 139 of title 10, Act, the Secretary of Defense shall review conducted; and United States Code, is amended by inserting Department of Defense Directive 5000.1 and ‘‘(C) findings of appropriate and available after section 2366a the following new section: associated guidance, and the manner in estimations or studies of the anticipated

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strategic, social, political, and economic ef- (4) How such official shall lead, coordinate, (1) IN GENERAL.—Chapter 104 of title 10, fects of global climate change and the impli- or participate in after-action reviews of op- United States Code, is amended by inserting cations of such effects on the national secu- erations, tests, and exercises to capture les- after section 2113 the following new section: rity of the United States. sons learned regarding the functioning of the ‘‘§ 2113a. Board of Regents ‘‘(4) In this subsection, the term ‘national interagency process and how those lessons ‘‘(a) IN GENERAL.—To assist the Secretary security strategy’ means the annual national learned will be disseminated. of Defense in an advisory capacity, there is a security strategy report of the President (5) The role of such official in ensuring Board of Regents of the University. under section 108 of the National Security that future defense planning guidance takes ‘‘(b) MEMBERSHIP.—The Board shall consist Act of 1947 (50 U.S.C. 404a).’’. into account the capabilities and needs of of— (b) IMPLEMENTATION.—The Secretary of De- other agencies. ‘‘(1) nine persons outstanding in the fields fense shall ensure that subsection (g) of sec- (d) RECOMMENDATION ON CHANGES IN LAW.— of health and health education who shall be tion 118 of title 10, United States Code, as The Secretary of Defense may submit with appointed from civilian life by the Secretary added by subsection (a), is implemented in a the plan or with any future budget submis- of Defense; manner that does not have a negative impact sions recommendations for any changes to ‘‘(2) the Secretary of Defense, or his des- on the national security of the United law that are required to enhance the ability ignee, who shall be an ex officio member; States. of the official assigned under subsection ‘‘(3) the surgeons general of the uniformed SEC. 952. INTERAGENCY POLICY COORDINATION. (b)(1) in the Department of Defense to co- services, who shall be ex officio members; (a) PLAN REQUIRED.—Not later than 180 ordinate defense interagency efforts or to and days after the date of the enactment of this improve the ability of the Department of De- ‘‘(4) the President of the University, who Act, the Secretary of Defense shall develop fense to work with other agencies. shall be a nonvoting ex officio member. (e) ANNUAL REPORT.—If an official is and submit to Congress a plan to improve ‘‘(c) TERM OF OFFICE.—The term of office of and reform the Department of Defense’s par- named by the Secretary of Defense under each member of the Board (other than ex ticipation in and contribution to the inter- subsection (b)(1), the official shall annually officio members) shall be six years except agency coordination process on national se- submit to Congress a report, beginning in that— curity issues. the fiscal year following the naming of the ‘‘(1) any member appointed to fill a va- official, on those actions taken by the De- (b) ELEMENTS.—The elements of the plan cancy occurring before the expiration of the shall include the following: partment of Defense to enhance national se- term for which his predecessor was appointed (1) Assigning either the Under Secretary of curity interagency coordination, the views of shall be appointed for the remainder of such Defense for Policy or another official to be the Department of Defense on efforts and term; and the lead policy official for improving and re- challenges in improving the ability of agen- ‘‘(2) any member whose term of office has forming the interagency coordination proc- cies to work together, and suggestions on expired shall continue to serve until his suc- ess on national security issues for the De- changes needed to laws or regulations that cessor is appointed. partment of Defense, with an explanation of would enhance the coordination of efforts of ‘‘(d) CHAIRMAN.—One of the members of the any decision to name an official other than agencies. Board (other than an ex officio member) (f) DEFINITION.—In this section, the term the Under Secretary and the relative advan- shall be designated by the Secretary as ‘‘interagency coordination’’, within the con- tages and disadvantages of such decision. Chairman. He shall be the presiding officer text of Department of Defense involvement, (2) Giving the official assigned under para- of the Board. means the coordination that occurs between graph (1) the following responsibilities: ‘‘(e) COMPENSATION.—Members of the Board elements of the Department of Defense and (A) To be the lead person at the Depart- (other than ex officio members) while at- engaged Federal Government agencies for ment of Defense for the development of pol- tending conferences or meetings or while the purpose of achieving an objective. icy affecting the national security inter- otherwise performing their duties as mem- (g) CONSTRUCTION.—Nothing in this provi- bers shall be entitled to receive compensa- agency process. sion shall be construed as preventing the (B) To serve, or designate a person to tion at a rate to be fixed by the Secretary Secretary of Defense from naming an official and shall also be entitled to receive an al- serve, as the representative of the Depart- with the responsibilities listed in subsection ment of Defense in Federal Government fo- lowance for necessary travel expenses while (b) before the submission of the report re- so serving away from their place of resi- rums established to address interagency pol- quired under this section. icy, planning, or reforms. dence. SEC. 953. EXPANSION OF EMPLOYMENT CRED- (C) To advocate, on behalf of the Sec- ‘‘(f) MEETINGS.—The Board shall meet at ITABLE UNDER SERVICE AGREE- least once a quarter.’’. retary, for greater interagency coordination MENTS UNDER NATIONAL SECURITY (2) CLERICAL AMENDMENT.—The table of and contributions in the execution of the Na- EDUCATION PROGRAM. sections at the beginning of such chapter is tional Security Strategy and particularly Paragraph (2) of subsection (b) of section amended by adding at the end the following specific operational objectives undertaken 802 of the David L. Boren National Security new item: pursuant to that strategy. Education Act of 1991 (50 U.S.C. 1902), as (D) To make recommendations to the Sec- most recently amended by section 945 of the ‘‘2113a. Board of Regents.’’. retary of Defense on changes to existing De- John Warner National Defense Authorization (3) CONFORMING AMENDMENTS.— partment of Defense regulations or laws to Act for Fiscal Year 2007 (Public Law 109–364; (A) Section 2113 of title 10, United States improve the interagency process. 120 Stat. 2367), is amended— Code, is amended— (E) To serve as the coordinator for all plan- (1) in subparagraph (A)— (i) in subsection (a), by striking ‘‘To as- ning and training assistance that is— (A) in clause (i) by striking ‘‘or’’ at the sist’’ and all that follows through the end of (i) designed to improve the interagency end; and paragraph (4); process or the capabilities of other agencies (B) by adding at the end the following: (ii) by striking subsections (b), (c), and (e); to work with the Department of Defense; and ‘‘(iii) for not less than one academic year (iii) by redesignating subsections (d), (f), (ii) provided by the Department of Defense in a position in the field of education in a (g), (h), (i), and (j) as subsections (b), (c), (d), at the request of other agencies. discipline related to the study supported by (e), (f), and (g), respectively; and (F) To serve as the lead official in Depart- the program if the recipient demonstrates to (iv) in subsection (b), as so redesignated, ment of Defense for the development of the Secretary of Defense that no position is by striking ‘‘who shall also serve as a non- deployable joint interagency task forces. available in the departments, agencies, and voting ex officio member of the Board’’. (c) FACTORS TO BE CONSIDERED.—In draft- offices covered by clauses (i) and (ii); or’’; (B) Section 2114(h) of such title is amended ing the plan, the Secretary of Defense shall and by striking ‘‘2113(h)’’ and inserting ‘‘2113(e)’’. also consider the following factors: (2) in subparagraph (B)— (b) STATUTORY REDESIGNATION OF DEAN AS (1) How the official assigned under sub- (A) in clause (i) by striking ‘‘or’’ at the PRESIDENT.— section (b)(1) shall provide input to the Sec- end; (1) Subsection 2113 of such title is further retary of Defense on an ongoing basis on how (B) in clause (ii) by striking ‘‘and’’ at the amended by striking ‘‘Dean’’ each place it to incorporate the need to coordinate with end and inserting ‘‘or’’; and appears in subsections (b) and (c)(1), as re- other agencies into the establishment and (C) by adding at the end the following: designated by subsection (a)(3), and inserting reform of combatant commands. ‘‘(iii) for not less than one academic year ‘‘President’’. (2) How such official shall develop and in a position in the field of education in a (2) Section 2114(e) of such title is amended make recommendations to the Secretary of discipline related to the study supported by by striking ‘‘Dean’’ each place it appears in Defense on a regular or an ongoing basis on the program if the recipient demonstrates to paragraphs (3) and (5). changes to military and civilian personnel to the Secretary of Defense that no position is SEC. 955. ESTABLISHMENT OF DEPARTMENT OF improve interagency coordination. available in the departments, agencies, and DEFENSE SCHOOL OF NURSING. (3) How such official shall work with the offices covered by clauses (i) and (ii); and’’. (a) ESTABLISHMENT PLAN REQUIRED.—Not combatant command that has the mission SEC. 954. BOARD OF REGENTS FOR THE UNI- later than February 1, 2008, the Secretary of for joint warfighting experimentation and FORMED SERVICES UNIVERSITY OF Defense shall submit to the congressional de- other interested agencies to develop exer- THE HEALTH SCIENCES. fense committees a plan to establish a cises to test and validate interagency plan- (a) REORGANIZATION AND AMENDMENT OF School of Nursing within the Uniformed ning and capabilities. BOARD OF REGENTS PROVISIONS.— Services University of the Health Sciences.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00137 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.063 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H164 CONGRESSIONAL RECORD — HOUSE January 16, 2008 The Secretary shall develop the plan in con- under subsection (a), the Secretary shall en- stated goals of the reorganization and what sultation with the Board of Regents of the sure that graduate degree programs in nurs- measurements, if any, the Department has Uniformed Services University of the Health ing, including advanced practice nursing, established to assess the results of the reor- Sciences and submit the plan to the Board of continue. ganization. Regents for review and to solicit the Board’s (f) EFFECT ON OTHER RECRUITMENT EF- (6) The impact of the large increase in re- recommendations. FORTS.—Nothing in this section shall be con- sponsibilities for the Assistant Secretary of (b) PROGRAMS OF INSTRUCTION.—In con- strued as limiting or terminating any cur- Defense for Special Operations and Low In- sultation with the Secretaries of the mili- rent or future program related to the re- tensity Conflict and Interdependent Capa- tary departments, the Secretary of Defense cruitment, accession, training, or retention bilities under the reorganization on the abil- shall include in the plan required by sub- of military nurses. ity of the Assistant Secretary to carry out section (a) programs of instruction for the (g) ESTABLISHMENT AUTHORITY.— the principal duties of the Assistant Sec- School of Nursing that would lead to the (1) ESTABLISHMENT.—Chapter 104 of title 10, retary under law. award of a bachelor of science in nursing and United States Code, is amended by adding at (7) The possible decrease in attention given such other baccalaureate or graduate degrees the end the following new section: to special operations issues resulting from in nursing as the Secretary considers appro- ‘‘§ 2117. School of Nursing the increase in responsibilities for the As- priate. The plan shall also address the enroll- ‘‘(a) ESTABLISHMENT AUTHORIZED.—The sistant Secretary of Defense for Special Op- ment as students of enlisted members and of- Secretary of Defense may establish a School erations and Low Intensity Conflict and ficers of the Armed Forces and civilians for of Nursing within the University. The School Interdependent Capabilities, including re- the purpose of commissioning them as mili- of Nursing may include a program that sponsibility under the reorganization for tary nursing officers upon graduation. The awards a bachelor of science in nursing. each of the following: graduates of such a program of instruction ‘‘(b) PHASED DEVELOPMENT.—The School of (A) Strategic capabilities. shall be fully eligible to meet credentialing Nursing may be developed in phases as deter- (B) Forces transformation. and licensing requirements of the military mined appropriate by the Secretary.’’. (C) Major budget programs. departments and at least one State in their (2) CLERICAL AMENDMENT.—The table of (8) The possible diffusion of attention from program of study. sections at the beginning of such chapter is counternarcotics, counterproliferation, and (c) CONSIDERATION OF CERTAIN PROGRAMS.— amended by adding at the end the following global threat issues resulting from the merg- In developing the plan under subsection (a), new item: ing of those responsibilities under a single the Secretary shall consider the inclusion of Deputy Assistant Secretary of Defense for the following types of programs: ‘‘2117. School of Nursing.’’. Counternarcotics, Counterproliferation, and (1) A program to enroll students who al- SEC. 956. INCLUSION OF COMMANDERS OF WEST- Global Threats. ready possess an associate degree in nursing ERN HEMISPHERE COMBATANT COMMANDS IN BOARD OF VISITORS (9) The impact of the reorganization on so that they can earn a bachelor of science in OF WESTERN HEMISPHERE INSTI- counternarcotics program execution. nursing. TUTE FOR SECURITY COOPERATION. (10) The unique placement under the reor- (2) A program to enroll students who al- Subparagraph (F) of section 2166(e)(1) of ganization of both functional and regional ready possess other associate degrees so that title 10, United States Code, is amended to issue responsibilities under the Assistant they can earn a bachelor of science in nurs- read as follows: Secretary of Defense for Homeland Defense ing. ‘‘(F) The commanders of the combatant and Americas’ Security Affairs. (3) A program to enroll students who al- commands having geographic responsibility (11) The differentiation between the re- ready possess an associate degree in nursing for the Western Hemisphere, or the designees sponsibilities of the Deputy Assistant Sec- so that they can earn a master of science in of those officers.’’. retary of Defense for Partnership Strategy nursing. SEC. 957. COMPTROLLER GENERAL ASSESSMENT and the Deputy Assistant Secretary of De- (4) A program to enroll students who al- OF REORGANIZATION OF THE OF- fense for Coalition Affairs and the relation- ready possess a bachelor of science in nurs- FICE OF THE UNDER SECRETARY OF ship between such officials. ing so that they can earn a master of science DEFENSE FOR POLICY. in nursing. (a) ASSESSMENT REQUIRED.—Not later than SEC. 958. REPORT ON FOREIGN LANGUAGE PRO- (d) OTHER CONSIDERATIONS.—The plan re- June 1, 2008, the Comptroller General of the FICIENCY. quired by subsection (a) shall also include United States shall submit to the congres- (a) IN GENERAL.—Not later than 240 days the following: sional defense committees a report con- after the date of the enactment of this Act, (1) The results of a study of the nursing taining an assessment of the most recent re- and annually thereafter until the date re- shortage in the Department of Defense and organization of the office of the Under Sec- ferred to in subsection (d), the Secretary of the reasons for such shortages. retary of Defense for Policy, including an as- Defense, in conjunction with the Secretary (2) Details of the curriculum and degree re- sessment with respect to the matters set of each military department, shall submit to quirements for each category of students at forth in subsection (b). the congressional defense committees a re- the School of Nursing, if established. (b) MATTERS TO BE ASSESSED.—The mat- port on the foreign language proficiency of (3) An analysis of the contributions to ters to be included in the assessment re- the personnel of the Department of Defense. overall medical readiness that will be made quired by subsection (a) are as follows: (b) CONTENTS.—Each report submitted by the School of Nursing. (1) The manner in which the reorganization under subsection (a) shall include— (4) Proposals for the development of the of the office furthers, or will further, its (1) the number of positions, identified by School of Nursing to be phased in over a pe- stated purposes in the short-term and long- each foreign language and dialect, for each riod of time. term, including the manner in which the re- military department and Defense Agency (5) Faculty requirements based on degree organization enhances, or will enhance, the concerned that— requirements and numbers of projected stu- ability of the Department of Defense— (A) require proficiency in that foreign lan- dents, to include the source and number of (A) to address current security priorities, guage or dialect for the year in which the faculty required. including on-going military operations in submission of the report is required; (6) Projected number of graduates per year Iraq, Afghanistan, and elsewhere; (B) are anticipated to require proficiency for each of the first 15 years of operation. (B) to manage geopolitical defense rela- in that foreign language or dialect for each (7) Predicted accession sources, military tionships; and of the five years following the date of the career paths, and service commitments and (C) to anticipate future strategic shifts in submission of the report; and retention rates of School of Nursing grad- those relationships. (C) are authorized in the future-years de- uates, to include the retention of enlisted (2) The manner in which and the extent to fense plan to be maintained for proficiency personnel accessed into the school. which the reorganization adheres to gen- in a foreign language or dialect; (8) Administrative and instructional facili- erally accepted principles of effective organi- (2) the number of personnel for each mili- ties required, and the likely initial and final zation, such as establishing clear goals, iden- tary department and Defense Agency, identi- location of clinical training institutions. tifying clear lines of authority and account- fied by each foreign language and dialect, (9) Plan for accreditation by a nationally ability, and developing an effective human that are serving in a position that requires recognized nursing school accrediting body. capital strategy. proficiency in the foreign language or dia- (10) Projected faculty, administration, in- (3) The extent to which the Department lect— struction, and facilities costs for the School has developed detailed implementation plans (A) to perform the primary duty of the po- of Nursing beginning in fiscal year 2009 and for the reorganization, and the current sta- sition; and continuing through fiscal year 2024, includ- tus of the implementation of all aspects of (B) that meet the required level of pro- ing the cost analysis of developing the the reorganization. ficiency of the Interagency Language Round- School of Nursing and the cost of additional (4) The extent to which the Department table; administrative support for the Uniformed has worked to mitigate congressional con- (3) the number of personnel for each mili- Services University of the Health Sciences cerns and address other challenges that have tary department and Defense Agency, identi- on account of the establishment of the arisen since the reorganization was an- fied by each foreign language and dialect, school. nounced. that are recruited or hired as accessions to (e) EFFECT ON CURRENT PROGRAMS.—Not- (5) The manner in which the Department serve in a position that requires proficiency withstanding the development of the plan plans to evaluate progress in achieving the in the foreign language or dialect;

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00138 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.063 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H165 (4) the number of personnel for each mili- Sec. 1042. Report on joint modeling and sim- Sec. 1081. Pilot program on commercial fee- tary department and Defense Agency, identi- ulation activities. for-service air refueling support fied by each foreign language and dialect, Sec. 1043. Renewal of submittal of plans for for the Air Force. that served in a position that requires pro- prompt global strike capability. Sec. 1082. Advisory panel on Department of ficiency in the foreign language or dialect Sec. 1044. Report on workforce required to Defense capabilities for support and discontinued service during the pre- support the nuclear missions of of civil authorities after certain ceding calendar year; the Navy and the Department incidents. (5) the number of positions that require of Energy. Sec. 1083. Terrorism exception to immunity. proficiency in a foreign language or dialect Sec. 1045. Comptroller General report on De- Subtitle A—Financial Matters fense Finance and Accounting that are fulfilled by contractors; SEC. 1001. GENERAL TRANSFER AUTHORITY. (6) the percentage of work requiring lin- Service response to Butter- (a) AUTHORITY TO TRANSFER AUTHORIZA- guistic skills that is fulfilled by personnel of baugh v. Department of Justice. TIONS.— the intelligence community (as defined in Sec. 1046. Study on size and mix of airlift (1) AUTHORITY.—Upon determination by section 3(4) of the National Security Act of force. Sec. 1047. Report on feasibility of estab- the Secretary of Defense that such action is 1947 (50 U.S.C. 401a(4))); and necessary in the national interest, the Sec- (7) an assessment of the foreign language lishing a domestic military aviation national training cen- retary may transfer amounts of authoriza- capacity and capabilities of each military tions made available to the Department of department and Defense Agency and of the ter. Sec. 1048. Limited field user evaluations for Defense in this division for fiscal year 2008 Department of Defense as a whole. between any such authorizations for that fis- (c) NON-MILITARY PERSONNEL.—Except as combat helmet pad suspension cal year (or any subdivisions thereof). provided in paragraphs (6) and (7) of sub- systems. Amounts of authorizations so transferred section (b), a report submitted under sub- Sec. 1049. Study on national security inter- shall be merged with and be available for the section (a) shall cover only members of the agency system. same purposes as the authorization to which Armed Forces on active duty and reserve Sec. 1050. Report on solid rocket motor in- transferred. duty assigned to the military departments dustrial base. (2) LIMITATION.—Except as provided in concerned or to the Department of Defense. Sec. 1051. Reports on establishment of a me- morial for members of the paragraph (3), the total amount of authoriza- (d) TERMINATION OF REQUIREMENT.—The tions that the Secretary may transfer under duty to submit a report under subsection (a) Armed Forces who died in the the authority of this section may not exceed shall terminate on December 31, 2013. air crash in Bakers Creek, Aus- tralia, and establishment of $5,000,000,000. TITLE X—GENERAL PROVISIONS other memorials in Arlington (3) EXCEPTION FOR TRANSFERS BETWEEN Subtitle A—Financial Matters National Cemetery. MILITARY PERSONNEL AUTHORIZATIONS.—A Sec. 1001. General transfer authority. Subtitle F—Other Matters transfer of funds between military personnel authorizations under title IV shall not be Sec. 1002. United States contribution to Sec. 1061. Reimbursement for National counted toward the dollar limitation in para- NATO common-funded budgets Guard support provided to Fed- graph (2). in fiscal year 2008. eral agencies. (b) LIMITATIONS.—The authority provided Sec. 1003. Authorization of additional emer- Sec. 1062. Congressional Commission on the by this section to transfer authorizations— gency supplemental appropria- Strategic Posture of the United (1) may only be used to provide authority tions for fiscal year 2007. States. for items that have a higher priority than Sec. 1004. Modification of fiscal year 2007 Sec. 1063. Technical and clerical amend- the items from which authority is trans- general transfer authority. ments. ferred; and Sec. 1005. Financial management trans- Sec. 1064. Repeal of certification require- (2) may not be used to provide authority formation initiative for the De- ment. fense Agencies. Sec. 1065. Maintenance of capability for for an item that has been denied authoriza- Sec. 1006. Repeal of requirement for two- space-based nuclear detection. tion by Congress. year budget cycle for the De- Sec. 1066. Sense of Congress regarding de- (c) EFFECT ON AUTHORIZATION AMOUNTS.—A partment of Defense. tainees at Naval Station, Guan- transfer made from one account to another Subtitle B—Policy Relating to Vessels and tanamo Bay, Cuba. under the authority of this section shall be Shipyards Sec. 1067. A report on transferring individ- deemed to increase the amount authorized uals detained at Naval Station, for the account to which the amount is Sec. 1011. Limitation on leasing of vessels. transferred by an amount equal to the Sec. 1012. Policy relating to major combat- Guantanamo Bay, Cuba. amount transferred. ant vessels of the strike forces Sec. 1068. Repeal of provisions in section (d) NOTICE TO CONGRESS.—The Secretary of the United States Navy. 1076 of Public Law 109–364 relat- ing to use of Armed Forces in shall promptly notify Congress of each trans- Subtitle C—Counter-Drug Activities major public emergencies. fer made under subsection (a). Sec. 1021. Extension of authority for joint Sec. 1069. Standards required for entry to SEC. 1002. UNITED STATES CONTRIBUTION TO task forces to provide support military installations in United NATO COMMON-FUNDED BUDGETS to law enforcement agencies States. IN FISCAL YEAR 2008. conducting counter-terrorism Sec. 1070. Revised nuclear posture review. (a) FISCAL YEAR 2008 LIMITATION.—The activities. Sec. 1071. Termination of Commission on the total amount contributed by the Secretary Sec. 1022. Expansion of authority to provide Implementation of the New of Defense in fiscal year 2008 for the com- additional support for counter- Strategic Posture of the United mon-funded budgets of NATO may be any drug activities in certain for- States. amount up to, but not in excess of, the eign countries. Sec. 1072. Security clearances; limitations. amount specified in subsection (b) (rather Sec. 1023. Report on counternarcotics assist- Sec. 1073. Improvements in the process for than the maximum amount that would oth- ance for the Government of the issuance of security clear- erwise be applicable to those contributions Haiti. ances. under the fiscal year 1998 baseline limita- Subtitle D—Miscellaneous Authorities and Sec. 1074. Protection of certain individuals. tion). Limitations Sec. 1075. Modification of authorities on (b) TOTAL AMOUNT.—The amount of the limitation applicable under subsection (a) is Sec. 1031. Provision of Air Force support and Commission to Assess the the sum of the following: services to foreign military and Threat to the United States (1) The amounts of unexpended balances, as state aircraft. from Electromagnetic Pulse At- of the end of fiscal year 2007, of funds appro- Sec. 1032. Department of Defense participa- tack. priated for fiscal years before fiscal year 2008 tion in Strategic Airlift Capa- Sec. 1076. Sense of Congress on Small Busi- for payments for those budgets. bility Partnership. ness Innovation Research Pro- (2) The amount specified in subsection Sec. 1033. Improved authority to provide re- gram. (c)(1). wards for assistance in com- Sec. 1077. Revision of proficiency flying defi- (3) The amount specified in subsection bating terrorism. nition. Sec. 1078. Qualifications for public aircraft (c)(2). Sec. 1034. Support for non-Federal develop- status of aircraft under con- (4) The total amount of the contributions ment and testing of material tract with the Armed Forces. authorized to be made under section 2501. for chemical agent defense. Sec. 1079. Communications with the Com- (c) AUTHORIZED AMOUNTS.—Amounts au- Sec. 1035. Prohibition on sale of F–14 fighter mittees on Armed Services of thorized to be appropriated by titles II and aircraft and related parts. the Senate and the House of III of this Act are available for contributions Subtitle E—Reports Representatives. for the common-funded budgets of NATO as Sec. 1041. Extension and modification of re- Sec. 1080. Retention of reimbursement for follows: port relating to hardened and provision of reciprocal fire pro- (1) Of the amount provided in section deeply buried targets. tection services. 201(1), $1,031,000 for the Civil Budget.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00139 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.063 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H166 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (2) Of the amount provided in section that are duplicative, redundant, or fail to (1) In at least one Defense Agency by not 301(1), $362,159,000 for the Military Budget. comply with the standards set forth in sub- later than eight months after the date of the (d) DEFINITIONS.—For purposes of this sec- section (d). enactment of this Act. tion: (2) To transform the budget, finance, and (2) In not less than five Defense Agencies (1) COMMON-FUNDED BUDGETS OF NATO.—The accounting operations of the Defense Agen- by not later than 18 months after the date of term ‘‘common-funded budgets of NATO’’ cies to enable the Defense Agencies to the enactment of this Act. means the Military Budget, the Security In- achieve accurate and reliable financial infor- SEC. 1006. REPEAL OF REQUIREMENT FOR TWO- vestment Program, and the Civil Budget of mation needed to support financial account- YEAR BUDGET CYCLE FOR THE DE- the North Atlantic Treaty Organization (and ability and effective and efficient manage- PARTMENT OF DEFENSE. any successor or additional account or pro- ment decisions. Section 1405 of the Department of Defense gram of NATO). (c) REQUIRED ELEMENTS.—The Initiative Authorization Act, 1986 (Public Law 99–145; (2) FISCAL YEAR 1998 BASELINE LIMITATION.— shall include, to the maximum extent prac- 99 Stat. 744; 31 U.S.C. 1105 note) is repealed. The term ‘‘fiscal year 1998 baseline limita- ticable— Subtitle B—Policy Relating to Vessels and tion’’ means the maximum annual amount of (1) the utilization of commercial, off-the- Shipyards Department of Defense contributions for shelf technologies and web-based solutions; SEC. 1011. LIMITATION ON LEASING OF VESSELS. common-funded budgets of NATO that is set (2) a standardized technical environment Section 2401 of title 10, United States Code, forth as the annual limitation in section and an open and accessible architecture; and is amended by adding at the end the fol- 3(2)(C)(ii) of the resolution of the Senate giv- (3) the implementation of common busi- lowing new subsection: ing the advice and consent of the Senate to ness processes, shared services, and common the ratification of the Protocols to the North ‘‘(h) The Secretary of a military depart- data structures. ment may make a contract for the lease of a Atlantic Treaty of 1949 on the Accession of (d) STANDARDS.—In carrying out the Initia- Poland, Hungary, and the Czech Republic (as vessel or for the provision of a service tive, the Director of the Business Trans- through use by a contractor of a vessel, the defined in section 4(7) of that resolution), ap- formation Agency shall ensure that the Ini- proved by the Senate on April 30, 1998. term of which is for a period of greater than tiative is consistent with— two years, but less than five years, only if— SEC. 1003. AUTHORIZATION OF ADDITIONAL (1) the requirements of the Business Enter- EMERGENCY SUPPLEMENTAL AP- ‘‘(1) the Secretary has notified the Com- prise Architecture and Transition Plan de- mittee on Armed Services and the Com- PROPRIATIONS FOR FISCAL YEAR veloped pursuant to section 2222 of title 10, 2007. mittee on Appropriations of the Senate and United States Code; Amounts authorized to be appropriated to the Committee on Armed Services and the (2) the Standard Financial Information the Department of Defense for fiscal year Committee on Appropriations of the House Structure of the Department of Defense; 2007 in the John Warner National Defense of Representatives of the proposed contract (3) the Federal Financial Management Im- Authorization Act for Fiscal Year 2007 (Pub- and included in such notification— provement Act of 1996 (and the amendments lic Law 109–364) are hereby adjusted, with re- ‘‘(A) a detailed description of the terms of made by that Act); and spect to any such authorized amount, by the the proposed contract and a justification for (4) other applicable requirements of law amount by which appropriations pursuant to entering into the proposed contract rather and regulation. such authorization are increased by a supple- than obtaining the capability provided for by COPE.—The Initiative shall be designed mental appropriation or by a transfer of (e) S the lease, charter, or services involved to provide, at a minimum, capabilities in the funds, or decreased by a rescission, or any through purchase of the vessel; major process areas for both general fund thereof, pursuant to the U.S. Troop Readi- ‘‘(B) a determination that entering into and working capital fund operations of the ness, Veterans’ Care, Katrina Recovery, and the proposed contract as a means of obtain- Defense Agencies as follows: Iraq Accountability Appropriations Act, 2007 ing the vessel is the most cost-effective (1) Budget formulation. (Public Law 110–28). means of obtaining such vessel; and (2) Budget to report, including general SEC. 1004. MODIFICATION OF FISCAL YEAR 2007 ‘‘(C) a plan for meeting the requirement GENERAL TRANSFER AUTHORITY. ledger and trial balance. provided by the proposed contract upon com- Section 1001(a) of the John Warner Na- (3) Procure to pay, including commit- pletion of the term of the lease contract; and tional Defense Authorization Act for Fiscal ments, obligations, and accounts payable. ‘‘(2) a period of 30 days of continuous ses- Year 2007 (Public Law 109–364; 120 Stat. 2371) (4) Order to fulfill, including billing and ac- sion of Congress has expired following the is amended by adding at the end the fol- counts receivable. date on which notice was received by such lowing new paragraph: (5) Cost accounting. committees.’’. (6) Acquire to retire (account manage- ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS.— SEC. 1012. POLICY RELATING TO MAJOR COMBAT- The following transfers of funds shall be not ment). ANT VESSELS OF THE STRIKE be counted toward the limitation in para- (7) Time and attendance and employee en- FORCES OF THE UNITED STATES graph (2) on the amount that may be trans- titlement. NAVY. ferred under this section: (8) Grants financial management. (a) INTEGRATED NUCLEAR POWER SYS- ‘‘(A) The transfer of funds to the Iraq Secu- (f) CONSULTATION.—In carrying out sub- TEMS.—It is the policy of the United States rity Forces Fund under reprogramming sections (d) and (e), the Director of the Busi- to construct the major combatant vessels of FY07–07–R PA. ness Transformation Agency shall consult the strike forces of the United States Navy, ‘‘(B) The transfer of funds to the Joint Im- with the Comptroller of the Department of including all new classes of such vessels, provised Explosive Device Defeat Fund under Defense to ensure that any financial man- with integrated nuclear power systems. reprogramming FY07–11 PA. agement systems developed for the Defense (b) REQUIREMENT TO REQUEST NUCLEAR ‘‘(C) The transfer of funds back from the Agencies, and any changes to the budget, fi- VESSELS.—If a request is submitted to Con- accounts referred to in subparagraphs (A) nance, and accounting operations of the De- gress in the budget for a fiscal year for con- and (B) to restore the sources used in the fense Agencies, are consistent with the fi- struction of a new class of major combatant reprogrammings referred to in such subpara- nancial standards and requirements of the vessel for the strike forces of the United graphs.’’. Department of Defense. States, the request shall be for such a vessel SEC. 1005. FINANCIAL MANAGEMENT TRANS- (g) PROGRAM CONTROL.—In carrying out the with an integrated nuclear power system, FORMATION INITIATIVE FOR THE Initiative, the Director of the Business unless the Secretary of Defense submits with DEFENSE AGENCIES. Transformation Agency shall establish— the request a notification to Congress that (a) FINANCIAL MANAGEMENT TRANS- (1) a board (to be known as the ‘‘Configura- the inclusion of an integrated nuclear power FORMATION INITIATIVE.— tion Control Board’’) to manage scope and system in such vessel is not in the national (1) IN GENERAL.—The Director of the Busi- cost changes to the Initiative; and interest. ness Transformation Agency of the Depart- (2) a program management office (to be (c) DEFINITIONS.—In this section: ment of Defense shall carry out an initiative known as the ‘‘Program Management Of- (1) MAJOR COMBATANT VESSELS OF THE for financial management transformation in fice’’) to control and enforce assumptions STRIKE FORCES OF THE UNITED STATES NAVY.— the Defense Agencies. The initiative shall be made in the acquisition plan, the cost esti- The term ‘‘major combatant vessels of the known as the ‘‘Defense Agencies Initiative’’ mate, and the system integration contract strike forces of the United States Navy’’ (in this section referred to as the ‘‘Initia- for the Initiative, as directed by the Configu- means the following: tive’’). ration Control Board. (A) Submarines. (2) SCOPE OF AUTHORITY.—In carrying out (h) PLAN ON DEVELOPMENT AND IMPLEMEN- (B) Aircraft carriers. the Initiative, the Director of the Business TATION OF INITIATIVE.—Not later than six (C) Cruisers, battleships, or other large Transformation Agency may require the months after the date of the enactment of surface combatants whose primary mission heads of the Defense Agencies to carry out this Act, the Director of the Business Trans- includes protection of carrier strike groups, actions that are within the purpose and formation Agency shall submit to the con- expeditionary strike groups, and vessels scope of the Initiative. gressional defense committees a plan for the comprising a sea base. (b) PURPOSES.—The purposes of Initiative development and implementation of the Ini- (2) INTEGRATED NUCLEAR POWER SYSTEM.— shall be as follows: tiative. The plan shall provide for the imple- The term ‘‘integrated nuclear power system’’ (1) To eliminate or replace financial man- mentation of an initial capability under the means a ship engineering system that uses a agement systems of the Defense Agencies Initiative as follows: naval nuclear reactor as its energy source

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00140 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.063 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H167 and generates sufficient electric energy to ‘‘(2) The supplies and services described in performed by Department of Defense per- provide power to the ship’s electrical loads, this paragraph are supplies and services as sonnel with respect to the Strategic Airlift including its combat systems and propulsion follows: Capability Partnership: motors. ‘‘(A) Routine airport services, including (A) Auditing. (3) BUDGET.—The term ‘‘budget’’ means the landing and takeoff assistance, servicing air- (B) Quality assurance. budget that is submitted to Congress by the craft with fuel, use of runways, parking and (C) Inspection. President under section 1105(a) of title 31, servicing, and loading and unloading of bag- (D) Contract administration. United States Code. gage and cargo. (E) Acceptance testing. Subtitle C—Counter-Drug Activities ‘‘(B) Miscellaneous supplies, including Air (F) Certification services. SEC. 1021. EXTENSION OF AUTHORITY FOR JOINT Force-owned fuel, provisions, spare parts, (G) Planning, programming, and manage- TASK FORCES TO PROVIDE SUPPORT and general stores, but not including ammu- ment services. TO LAW ENFORCEMENT AGENCIES nition. (2) Waive the imposition of any surcharge CONDUCTING COUNTER-TERRORISM ‘‘(b) PROVISION OF ROUTINE AIRPORT SERV- for administrative services provided by the ACTIVITIES. ICES ON NON-REIMBURSABLE BASIS.—(1) Rou- United States that would otherwise be Section 1022(b) of the National Defense Au- tine airport services may be provided under chargeable against the Strategic Airlift Ca- thorization Act for Fiscal Year 2004 (Public this section at no cost to a foreign country— pability Partnership. Law 108–136; 10 U.S.C. 371 note) is amended ‘‘(A) if such services are provided by Air (3) Pay the salaries, travel, lodging, and by striking ‘‘and 2007’’ and inserting Force personnel and equipment without di- subsistence expenses of Department of De- ‘‘through 2008’’. rect cost to the Air Force; or fense personnel assigned for duty to the SEC. 1022. EXPANSION OF AUTHORITY TO PRO- ‘‘(B) if such services are provided under an Strategic Airlift Capability Partnership VIDE ADDITIONAL SUPPORT FOR agreement with the foreign country that without seeking reimbursement or cost-shar- COUNTER-DRUG ACTIVITIES IN CER- provides for the reciprocal furnishing by the ing for such expenses. TAIN FOREIGN COUNTRIES. foreign country of routine airport services, (c) CREDITING OF RECEIPTS.—Any amount Subsection (b) of section 1033 of the Na- as defined in that agreement, to military and received by the United States in carrying tional Defense Authorization Act for Fiscal other state aircraft of the United States out the memorandum of understanding en- Year 1998 (Public Law 105–85; 111 Stat. 1881), without reimbursement. tered into under subsection (a) shall be cred- as amended by section 1021(b) of the National ‘‘(2) If routine airport services are provided ited, as elected by the Secretary of Defense, Defense Authorization Act for Fiscal Year under this section by a working-capital fund to the following: 2004 (Public Law 108–136, 117 Stat. 1593) and activity of the Air Force under section 2208 (1) The appropriation, fund, or account section 1022(b) of the John Warner National used in incurring the obligation for which Defense Authorization Act for Fiscal Year of this title and such activity is not reim- such amount is received. 2007 (Public Law 109–364; 120 Stat. 2382), is bursed directly for the costs incurred by the (2) An appropriation, fund, or account cur- further amended by adding at the end the activity in providing such services by reason rently providing funds for the purposes for following new paragraphs: of paragraph (1)(B), the working-capital fund which such obligation was made. ‘‘(17) The Government of Mexico. activity shall be reimbursed for such costs (d) AUTHORITY TO TRANSFER AIRCRAFT.— ‘‘(18) The Government of the Dominican out of funds currently available to the Air (1) TRANSFER AUTHORITY.—The Secretary of Republic.’’. Force for operation and maintenance.’’. (2) CLERICAL AMENDMENT.—The table of Defense may transfer one strategic airlift SEC. 1023. REPORT ON COUNTERNARCOTICS AS- aircraft to the Strategic Airlift Capability SISTANCE FOR THE GOVERNMENT sections at the beginning of chapter 939 of OF HAITI. such title is amended by striking the item Partnership in accordance with the terms and conditions of the memorandum of under- (a) REPORT REQUIRED.—Not later than 120 relating to section 9626 and inserting the fol- days after the date of the enactment of this lowing new item: standing entered into under subsection (a). Act, the President shall submit to Congress ‘‘9626. Aircraft supplies and services: foreign (2) REPORT.—Not later than 30 days before a report on counternarcotics assistance for military or other state air- the date on which the Secretary transfers a the Government of Haiti. craft.’’. strategic airlift aircraft under paragraph (1), (b) MATTERS TO BE INCLUDED.—The report the Secretary shall submit to the congres- (b) CONFORMING AMENDMENT.—Section sional defense committees a report on the required by subsection (a) shall include the 9629(3) of such title is amended by striking following: strategic airlift aircraft to be transferred, ‘‘for aircraft of a foreign military or air including the type of strategic airlift air- (1) A description and assessment of the attache´’’. counternarcotics assistance provided to the craft to be transferred and the tail registra- SEC. 1032. DEPARTMENT OF DEFENSE PARTICI- Government of Haiti by the Department of tion or serial number of such aircraft. PATION IN STRATEGIC AIRLIFT CA- (e) STRATEGIC AIRLIFT CAPABILITY PART- Defense, the Department of State, the De- PABILITY PARTNERSHIP. NERSHIP DEFINED.—In this section the term partment of Homeland Security, and the De- (a) AUTHORITY TO PARTICIPATE IN PARTNER- partment of Justice. ‘‘Strategic Airlift Capability Partnership’’ SHIP.— means the strategic airlift capability consor- (2) A description and assessment of any im- (1) MEMORANDUM OF UNDERSTANDING.—The pediments to increasing counternarcotics as- tium established by the United States and Secretary of Defense may enter into a multi- other participating countries. sistance to the Government of Haiti. lateral memorandum of understanding au- SEC. 1033. IMPROVED AUTHORITY TO PROVIDE (3) An assessment of the potential for the thorizing the Strategic Airlift Capability provision of counternarcotics assistance for REWARDS FOR ASSISTANCE IN COM- Partnership to conduct activities necessary BATING TERRORISM. the Government of Haiti through the United to accomplish its purpose, including— (a) INCREASED AMOUNTS.—Section 127b of Nations Stabilization Mission in Haiti. (A) the acquisition, equipping, ownership, title 10, United States Code, is amended— (c) FORM.—The report required by sub- and operation of strategic airlift aircraft; (1) in subsection (b), by striking ‘‘$200,000’’ section (a) shall be submitted in unclassified and form, but may include a classified annex. and inserting ‘‘$5,000,000’’; (B) the acquisition or transfer of airlift and (2) in subsection (c)(1)(B), by striking Subtitle D—Miscellaneous Authorities and airlift-related services and supplies among ‘‘$50,000’’ and inserting ‘‘$1,000,000’’; and Limitations members of the Strategic Airlift Capability (3) in subsection (d)(2), by striking SEC. 1031. PROVISION OF AIR FORCE SUPPORT Partnership, or between the Partnership and ‘‘$100,000’’ and inserting ‘‘$2,000,000’’. AND SERVICES TO FOREIGN MILI- non-member countries or international orga- (b) INVOLVEMENT OF ALLIED FORCES.—Such TARY AND STATE AIRCRAFT. nizations, on a reimbursable basis or by re- section is further amended— (a) PROVISION OF SUPPORT AND SERVICES.— placement-in-kind or exchange of airlift or (1) in subsection (a)— (1) IN GENERAL.—Section 9626 of title 10, airlift-related services of an equal value. (A) in the matter preceding paragraph (1), United States Code, is amended to read as (2) PAYMENTS.—From funds available to by inserting after ‘‘United States Govern- follows: the Department of Defense for such purpose, ment personnel’’ the following: ‘‘, or govern- ‘‘§ 9626. Aircraft supplies and services: for- the Secretary of Defense may pay the United ment personnel of allied forces participating eign military or other state aircraft States equitable share of the recurring and in a combined operation with the armed ‘‘(a) PROVISION OF SUPPLIES AND SERVICES non-recurring costs of the activities and op- forces,’’; ON REIMBURSABLE BASIS.—(1) The Secretary erations of the Strategic Airlift Capability (B) in paragraph (1), by inserting after of the Air Force may, under such regulations Partnership, including costs associated with ‘‘armed forces’’ the following: ‘‘, or of allied as the Secretary may prescribe and when in procurement of aircraft components and forces participating in a combined operation the best interests of the United States, pro- spare parts, maintenance, facilities, and with the armed forces,’’; and vide any of the supplies or services described training, and the costs of claims. (C) in paragraph (2), by inserting after in paragraph (2) to military and other state (b) AUTHORITIES UNDER PARTNERSHIP.—In ‘‘armed forces’’ the following: ‘‘, or of allied aircraft of a foreign country, on a reimburs- carrying out the memorandum of under- forces participating in a combined operation able basis without an advance of funds, if standing entered into under subsection (a), with the armed forces’’; and similar supplies and services are furnished the Secretary of Defense may do the fol- (2) in subsection (c), by adding at the end on a like basis to military aircraft and other lowing: the following: state aircraft of the United States by the (1) Waive reimbursement of the United ‘‘(3)(A) Subject to subparagraphs (B) and foreign country concerned. States for the cost of the following functions (C), an official who has authority delegated

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00141 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.063 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H168 CONGRESSIONAL RECORD — HOUSE January 16, 2008 under paragraph (1) or (2) may use that au- section for uses and in quantities that com- four-fiscal-year period covered by the re- thority, acting through government per- ply with the Convention on the Prohibition port’’; and sonnel of allied forces, to offer and make re- of the Development, Production, Stockpiling (C) in paragraph (2) in the matter pre- wards. and Use of Chemical Weapons and on Their ceding subparagraph (A), by striking ‘‘were ‘‘(B) The Secretary of Defense shall pre- Destruction, signed at Paris on January 13, undertaken during such fiscal year’’ and in- scribe policies and procedures for making re- 1993, and entered into force with respect to serting ‘‘were or will be undertaken during wards in the manner described in subpara- the United States on April 29, 1997. the four-fiscal-year period covered by the re- graph (A), which shall include guidance for (d) REPORT.— port’’; and the accountability of funds used for making (1) Not later than March 15, 2008, and each (4) in subsection (d), by striking ‘‘April 1, rewards in that manner. The policies and year thereafter, the Secretary shall submit 2007’’ and inserting ‘‘March 1, 2013’’. procedures shall not take effect until 30 days to Congress a report on the use of the au- SEC. 1042. REPORT ON JOINT MODELING AND after the date on which the Secretary sub- thority under subsection (a) during the pre- SIMULATION ACTIVITIES. mits the policies and procedures to the con- vious calendar year. The report shall include (a) REPORT REQUIRED.—Not later than De- gressional defense committees. Rewards may a description of each use of the authority cember 31, 2008, the Secretary of Defense not be made in the manner described in sub- and specify what material was made avail- shall submit to the congressional defense paragraph (A) except under policies and pro- able and to whom it was made available. committees a report that describes current cedures that have taken effect. (2) Each report under paragraph (1) shall be and planned joint modeling and simulation ‘‘(C) Rewards may not be made in the man- submitted in unclassified form, but may in- activities within the Department of Defense. ner described in subparagraph (A) after Sep- clude a classified annex. (b) MATTERS TO BE INCLUDED.—The report tember 30, 2009. (e) DEFINITIONS.—In this section, the terms under subsection (a) shall include the fol- ‘‘(D) Not later than April 1, 2008, the Sec- ‘‘precursor’’, ‘‘protective purposes’’, and lowing: retary of Defense shall submit to the con- ‘‘toxic chemical’’ have the meanings given (1) An identification and description of how gressional defense committees a report on those terms in the convention referred to in joint modeling and simulation activities sup- the implementation of this paragraph. The subsection (c), in paragraph 2, paragraph port the development of capabilities to meet report shall identify each reward made in the 9(b), and paragraph 1, respectively, of article joint and service-unique military require- manner described in subparagraph (A) and, II of that convention. ments and needs, in areas including but not for each such reward— SEC. 1035. PROHIBITION ON SALE OF F–14 FIGHT- limited to joint training, experimentation, ‘‘(i) identify the type, amount, and recipi- ER AIRCRAFT AND RELATED PARTS. systems acquisition, test and evaluation, as- ent of the reward; (a) PROHIBITION ON SALE BY DEPARTMENT OF sessment, and planning. ‘‘(ii) explain the reason for making the re- DEFENSE.— (2) A description of how joint modeling and ward; and (1) IN GENERAL.—Except as provided in simulation activities are supportive of De- ‘‘(iii) assess the success of the reward in paragraph (2), the Department of Defense partment-level strategies and goals. advancing the effort to combat terrorism.’’. may not sell (whether directly or indirectly) (3) For each appropriate element of the De- (c) ANNUAL REPORT TO INCLUDE SPECIFIC IN- any F–14 fighter aircraft, any parts unique to partment of Defense and each appropriate FORMATION ON ADDITIONAL AUTHORITY.—Sec- the F–14 fighter aircraft, or any tooling or combatant command— tion 127b of title 10, United States Code, is dies used in the manufacture of such aircraft (A) An identification of modeling and sim- further amended in subsection (f)(2) by add- or parts, whether such sales occur through ulation capabilities; and ing at the end the following new subpara- the Defense Reutilization and Marketing (B) A description of plans and programs to graph: Service or through another agency or ele- continuously introduce new modeling and ‘‘(D) Information on the implementation of ment of the Department. simulation technologies so as to enhance de- paragraph (3) of subsection (c).’’. (2) EXCEPTION.—Paragraph (1) shall not fense capabilities. SEC. 1034. SUPPORT FOR NON-FEDERAL DEVEL- apply with respect to the sale of F–14 fighter (4) A description of incentives and plans to OPMENT AND TESTING OF MATE- aircraft or parts for F–14 fighter aircraft to reduce or divest duplicative or outdated ca- RIAL FOR CHEMICAL AGENT DE- a museum or similar organization located in pabilities as necessary. FENSE. the United States that is involved in the (5) Plans or activities to allow non-defense (a) AUTHORITY TO PROVIDE TOXIC CHEMI- preservation of F–14 fighter aircraft for his- users to access defense joint modeling and CALS OR PRECURSORS.— torical purposes. simulation activities, as appropriate. (1) IN GENERAL.—The Secretary of Defense, (b) PROHIBITION ON EXPORT LICENSE.—No li- (6) Budget and resource estimates, includ- in coordination with the heads of other ele- cense for the export of any F-14 fighter air- ing government and contractor personnel re- ments of the Federal Government, may craft, any parts unique to the F–14 fighter quirements, for planned joint modeling and make available, to a State, a unit of local aircraft, or any tooling or dies used in the simulation activities. government, or a private entity incorporated manufacture of such aircraft or parts may be (7) A description of the relationship and co- in the United States, small quantities of a issued by the United States Government to a ordination between and among joint mod- toxic chemical or precursor for the develop- non-United States person or entity. eling and simulation activities and the mod- ment or testing, in the United States, of ma- Subtitle E—Reports eling and simulation activities of elements terial that is designed to be used for protec- of the Department of Defense, Federal agen- tive purposes. SEC. 1041. EXTENSION AND MODIFICATION OF cies, State and local governments, academia, (2) TERMS AND CONDITIONS.—Any use of the REPORT RELATING TO HARDENED AND DEEPLY BURIED TARGETS. private industry, United States and inter- authority under paragraph (1) shall be sub- national standards organizations, and inter- ject to such terms and conditions as the Sec- Section 1032 of the Bob Stump National Defense Authorization Act for Fiscal Year national partners. retary considers appropriate. (8) Any other matters the Secretary con- (b) PAYMENT OF COSTS AND DISPOSITION OF 2003 (Public Law 107–314; 116 Stat. 2643; 10 siders appropriate. FUNDS.— U.S.C. 2358 note) is amended— (c) CONSULTATION.—The report under (a) (1) in the heading, by striking ‘‘ (1) IN GENERAL.—The Secretary shall en- ANNUAL shall be developed in consultation with ap- ’’ and inserting ‘‘ sure, through the advance payment required REPORT ON WEAPONS RE- propriate military departments, Defense ’’; by paragraph (2) and through any other pay- PORT ON WEAPONS AND CAPABILITIES Agencies, combatant commands, and other (2) in subsection (a)— ments that may be required, that a recipient defense activities. of toxic chemicals or precursors under sub- (A) in the heading, by striking ‘‘ANNUAL’’; (B) by striking ‘‘April 1 of each year’’ and SEC. 1043. RENEWAL OF SUBMITTAL OF PLANS section (a) pays for all actual costs, includ- FOR PROMPT GLOBAL STRIKE CAPA- ing direct and indirect costs, associated with inserting ‘‘March 1, 2009, and every two years BILITY. providing the toxic chemicals or precursors. thereafter,’’; Section 1032(b)(1) of the National Defense (2) ADVANCE PAYMENT.—In carrying out (C) by striking ‘‘Director of Central Intel- Authorization Act for Fiscal Year 2004 (Pub- paragraph (1), the Secretary shall require ligence’’ and inserting ‘‘Director of National lic Law 108–136; 117 Stat. 1605; 10 U.S.C. 113 each recipient to make an advance payment Intelligence’’; note) is amended by inserting ‘‘and each of in an amount that the Secretary determines (D) by striking ‘‘the preceding fiscal year’’ 2007, 2008, and 2009,’’ after ‘‘2004, 2005, and will equal all such actual costs. and inserting ‘‘the preceding two fiscal years 2006,’’. (3) CREDITS.—A payment received under and planned for the current fiscal year and SEC. 1044. REPORT ON WORKFORCE REQUIRED this subsection shall be credited to the ac- the next fiscal year’’; and TO SUPPORT THE NUCLEAR MIS- count that was used to cover the costs for (E) by striking ‘‘to develop weapons’’ and SIONS OF THE NAVY AND THE DE- which the payment was provided. Amounts inserting ‘‘to develop weapons and capabili- PARTMENT OF ENERGY. so credited shall be merged with amounts in ties’’; (a) IN GENERAL.—Not later than one year that account, and shall be available for the (3) in subsection (b)— after the date of the enactment of this Act, same purposes, and subject to the same con- (A) in the matter preceding paragraph (1), the Secretary of Defense and the Secretary ditions and limitations, as other amounts in by striking ‘‘The report for a fiscal year’’ of Energy shall each submit to Congress a re- that account. and inserting ‘‘A report submitted’’; port on the requirements for a workforce to (c) CHEMICAL WEAPONS CONVENTION.—The (B) in paragraph (1), by striking ‘‘were un- support the nuclear missions of the Navy and Secretary shall ensure that toxic chemicals dertaken during that fiscal year’’ and insert- the Department of Energy during the 10-year and precursors are made available under this ing ‘‘were or will be undertaken during the period beginning on the date of the report.

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(b) ELEMENTS.—Each report shall include— Butterbaugh v. Department of Justice that retary and the center a report that contains (1) a description of the projected nuclear have been denied by the Defense Finance and the results of that review and provides any missions of the Navy and the Department of Accounting Service. recommendations that the Comptroller Gen- Energy during the 10-year period beginning (9) A comparative assessment of the aver- eral considers appropriate for improvements on the date of the report; age amount of time required for the Defense to the study plan. (2) an assessment of existing knowledge re- Finance and Accounting Service to resolve a (3) The center shall modify the study plan tention programs within the Department of claim under the decision in Butterbaugh v. to incorporate the recommendations under Defense, the Department of Energy, the na- Department of Justice with the average paragraph (2) and shall, not later than 45 tional laboratories, and federally funded re- amount of time required by other Federal days after receiving that report, submit to search facilities that support the nuclear agencies (as so selected) to resolve a claim the Secretary and the congressional defense missions of the Navy and the Department of under that decision. committees a report on those modifications. Energy, and any planned changes in those (10) A comparative statement of the back- The report shall describe each modification programs; and log of claims with the Defense Finance and and, if the modifications do not incorporate (3) a plan to address anticipated workforce Accounting Service under the decision in one or more of the recommendations, shall attrition, retirement, and recruiting trends Butterbaugh v. Department of Justice with explain the reasons for not doing so. during that period and ensure an adequate the backlog of claims of other Federal agen- workforce in support of the nuclear missions cies (as so selected) under that decision. (d) ELEMENTS OF STUDY PLAN.—The study of the Navy and the Department of Energy. (11) An estimate of the amount of time re- plan required by subsection (c) shall address, SEC. 1045. COMPTROLLER GENERAL REPORT ON quired for the Defense Finance and Account- at minimum, the following: DEFENSE FINANCE AND ACCOUNT- ing Service to resolve all outstanding claims (1) A description of lift requirements and ING SERVICE RESPONSE TO under the decision in Butterbaugh v. Depart- operating profiles for airlift aircraft required BUTTERBAUGH V. DEPARTMENT OF ment of Justice. to meet the National Military Strategy, in- JUSTICE. (12) An assessment of the reasonableness of cluding assumptions regarding the following: (a) IN GENERAL.—Not later than 180 days the requirement of the Defense Finance and (A) Current and future military combat after the date of the enactment of this Act, Accounting Service for the submittal by and support missions. the Comptroller General of the United States members of the reserve components of the (B) The planned force structure growth of shall submit to the congressional defense Armed Forces of supporting documentation the military services. committees a report setting forth an assess- for claims under the decision in Butterbaugh (C) Potential changes in lift requirements, ment by the Comptroller General of the re- v. Department of Justice. including the deployment of the Future sponse of the Defense Finance and Account- (13) A comparative assessment of the re- Combat Systems by the Army. ing Service to the decision in Butterbaugh v. quirement of the Defense Finance and Ac- (D) New capability in airlift to be provided Department of Justice (336 F.3d 1332 (2003)). counting Service for the submittal by mem- (b) ELEMENTS.—The report required by sub- by the KC(X) aircraft and the expected utili- section (a) shall include the following: bers of the reserve components of the Armed zation of such capability, including its use in (1) An estimate of the number of members Forces of supporting documentation for intratheater lift. of the reserve components of the Armed claims under the decision in Butterbaugh v. (E) The utilization of intertheater lift air- Forces, both past and present, who are enti- Department of Justice with the requirement craft in intratheater combat mission support tled to compensation under the decision in of other Federal agencies (as so selected) for roles. Butterbaugh v. Department of Justice. the submittal by such members of sup- (F) The availability and application of (2) An assessment of the current policies, porting documentation for such claims. Civil Reserve Air Fleet assets in future mili- procedures, and timeliness of the Defense Fi- (14) Such recommendations for legislative tary scenarios. nance and Accounting Service in imple- action as the Comptroller General considers (G) Air mobility requirements associated menting and resolving claims under the deci- appropriate in light of the decision in with the Global Rebasing Initiative of the sion in Butterbaugh v. Department of Jus- Butterbaugh v. Department of Justice and Department of Defense. tice. the decision in Hernandez v. Department of (H) Air mobility requirements in support (3) An assessment whether or not the deci- the Air Force. of worldwide peacekeeping and humanitarian sions made by the Defense Finance and Ac- SEC. 1046. STUDY ON SIZE AND MIX OF AIRLIFT missions. counting Service in implementing the deci- FORCE. (I) Air mobility requirements in support of (a) STUDY REQUIRED.—The Secretary of De- sion in Butterbaugh v. Department of Jus- homeland defense and national emergencies. fense shall conduct a requirements-based tice follow a consistent pattern of resolu- (J) The viability and capability of the Civil study on alternatives for the proper size and tion. Reserve Air Fleet to augment organic forces mix of fixed-wing intratheater and interthe- (4) An assessment of whether or not the de- in both friendly and hostile environments. ater airlift assets to meet the National Mili- (K) An assessment of the Civil Reserve Air cisions made by the Defense Finance and Ac- tary Strategy for each of the following time- Fleet to adequately augment the organic counting Service in implementing the deci- frames: fiscal year 2012, 2018, and 2024. The sion in Butterbaugh v. Department of Jus- study shall— fleet as it relates to commercial inventory tice are resolving claims by providing more (1) focus on organic and commercially pro- management restructuring in response to fu- compensation than an individual has been grammed airlift capabilities; ture commercial markets, streamlining of able to prove, under the rule of construction (2) analyze the full-spectrum lifecycle operations, efficiency measures, or that laws providing benefits to veterans are costs of the various alternatives for organic downsizing of the participant. liberally construed in favor of the veteran. models of each of the following aircraft: C– (2) An evaluation of the state of the cur- (5) An estimate of the total amount of 5A/B/C/M, C–17A, KC–X, KC–10, KC–135R, C– rent airlift fleet of the Air Force, including compensation payable to members of the re- 130E/H/J, Joint Cargo Aircraft; and assessments of the following: serve components of the Armed Forces, both (3) incorporate the augmentation capa- (A) The extent to which the increased use past and present, as a result of the recent de- bility, viability, and feasibility of the Civil of airlift aircraft in on-going operations is cision in Hernandez v. Department of the Air Reserve Air Fleet during activation stages I, affecting the programmed service life of the Force (No. 2006–3375, slip op.) that leave can II, and III. aircraft of that fleet. be reimbursed for Reserve service before (b) USE OF FFRDC.—The Secretary shall (B) The adequacy of the current airlift 1994, when Congress enacted chapter 43 of select, to carry out the study required by force, including whether or not a minimum title 38, United States Code (commonly re- subsection (a), a federally funded research of 299 strategic airlift aircraft for the Air ferred to as the ‘‘Uniformed Services Em- and development center that has experience Force is sufficient to support future expedi- ployment and Reemployment Rights Act’’). and expertise in conducting similar studies. tionary combat and non-combat missions, as (6) A comparative assessment of the han- (c) STUDY PLAN.—The study required by well as domestic and training mission de- dling of claims by the Defense Finance and subsection (a) shall be carried out under a mands consistent with the requirements of Accounting Service under the decision in study plan. The study plan shall be devel- meeting the National Military Strategy. Butterbaugh v. Department of Justice with oped as follows: (C) The optimal mix of C–5 and C–17 air- the handling of claims by other Federal (1) The center selected under subsection (b) craft for the strategic airlift fleet of the Air agencies (selected by the Comptroller Gen- shall develop the study plan and shall, not Force, to include the following: eral for purposes of the comparative assess- later than 60 days after the date of enact- (i) The cost-effectiveness of modernizing ment) under that decision. ment of this Act, submit the study plan to various iterations of the C–5A and C–5B/C (7) A statement of the number of claims by the congressional defense committees, the aircraft fleet versus procuring additional C– members of the reserve components of the Secretary, and the Comptroller General of 17 aircraft. Armed Forces under the decision in the United States. (ii) The military capability, operational Butterbaugh v. Department of Justice that (2) The Comptroller General shall review availability, usefulness, and service life of have been adjudicated by the Defense Fi- the study plan to determine whether it is the C–5A/B/C/M aircraft and the C–17 aircraft. nance and Accounting Service. complete and objective, and whether it has Such an assessment shall examine appro- (8) A statement of the number of claims by any flaws or weaknesses in scope or method- priate metrics, such as aircraft availability members of the reserve components of the ology, and shall, not later than 30 days after rates, departure rates, and mission capable Armed Forces under the decision in receiving the study plan, submit to the Sec- rates, in each of the following cases:

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00143 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.064 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H170 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (I) Completion of the Avionics Moderniza- (c)(3), the center shall collaborate with the gressional defense committees a report on tion Program and the Reliability Enhance- commander of the United States Transpor- the results of the limited field user evalua- ment and Re-engining Program. tation Command. tion and operational assessment. (II) Partial completion of the Avionics (g) COLLABORATION WITH COST ANALYSIS (c) FUNDING.—The limited field user eval- Modernization Program and the Reliability IMPROVEMENT GROUP.—In conducting the uation and operational assessment required Enhancement and Re-engining Program, study required by subsection (a) and con- by subsection (a) shall be conducted using with partial completion of either such pro- structing the analysis required by subsection funds appropriated pursuant to an authoriza- gram being considered the point at which the (a)(2), the center shall collaborate with the tion of appropriations or otherwise made continued execution of each program is no Cost Analysis Improvement Group of the De- available for fiscal year 2008 for operation longer supported by the cost-effectiveness partment of Defense. and maintenance, Army, for soldier protec- analysis. (h) REPORT.—Not later than January 10, tion and safety. (iii) At what specific fleet inventory for 2009, the center selected under subsection (b) shall submit to the Secretary and the con- SEC. 1049. STUDY ON NATIONAL SECURITY each organic aircraft, to include air refuel- INTERAGENCY SYSTEM. gressional defense committees a report on ing aircraft used in the airlift role, would it the study required by subsection (a). The re- (a) STUDY REQUIRED.—Not later than 30 impede the ability of Civil Reserve Air Fleet port shall be submitted in unclassified form, days after the date of the enactment of this participants to remain a viable augmenta- but shall include a classified annex. Act, the Secretary of Defense shall enter tion option. into an agreement with an independent, non- (D) An analysis and assessment of the les- SEC. 1047. REPORT ON FEASIBILITY OF ESTAB- LISHING A DOMESTIC MILITARY profit, non-partisan organization to conduct sons that may be learned from the experi- AVIATION NATIONAL TRAINING CEN- a study on the national security interagency ence of the Air Force in restarting the pro- TER. system. duction line for the C–5 aircraft after having (a) IN GENERAL.—Not later than June 1, (b) REPORT.—The agreement entered into closed the line for several years, and rec- 2008, the Secretary of Defense shall submit under subsection (a) shall require the organi- ommendations for the actions that the De- to the congressional defense committees a zation to submit to Congress and the Presi- partment of Defense should take to ensure report to determine the feasibility of estab- dent a report containing the results of the that the production line for the C–17 aircraft lishing a Border State Aviation Training study conducted pursuant to such agreement could be restarted if necessary, including— Center (BSATC) to support the current and and any recommendations for changes to the (i) an analysis of the methods that were future requirements of the existing RC–26 national security interagency system (in- used and costs that were incurred in closing training site for counterdrug activities, lo- cluding legislative or regulatory changes) and re-opening the production line for the C– cated at the Fixed Wing Army National identified by the organization as a result of 5 aircraft; Guard Aviation Training Site (FWAATS), in- the study. (ii) an assessment of the methods and ac- cluding the domestic reconnaissance and sur- (c) SUBMITTAL DATE.—The agreement en- tions that should be employed and the ex- veillance missions of the National Guard in tered into under subsection (a) shall require pected costs and risks of closing and re-open- support of local, State, and Federal law en- the organization to submit the report re- ing the production line for the C–17 aircraft forcement agencies, provided that the activi- quired under subsection (a) not later than in view of that experience. ties to be conducted at the BSATC shall not September 1, 2008. Such analysis and assessment should deal duplicate or displace any activity or pro- (d) NATIONAL SECURITY INTERAGENCY SYS- with issues such as production work force, gram at the RC–26 training site or the TEM DEFINED.—In this section, the term ‘‘na- production facilities, tooling, industrial base FWAATS. tional security interagency system’’ means suppliers, contractor logistics support versus (b) CONTENT.—The report required under the structures, mechanisms, and processes organic maintenance, and diminished manu- subsection (a) shall— by which the departments, agencies, and ele- facturing sources. (1) examine the current and past require- ments of the Federal Government that have (E) Assessing the military capability, oper- ments of RC–26 aircraft in support of local, national security missions coordinate and ational availability, usefulness, service life State, and Federal law enforcement and de- integrate their policies, capabilities, exper- and optimal mix of intra-theater airlift air- termine the number of additional aircraft re- tise, and activities to accomplish such mis- craft, to include— quired to provide such support for each State sions. (i) the cost-effectiveness of procuring the that borders Canada, Mexico, or the Gulf of (e) FUNDING.—Of the amount authorized to Joint Cargo Aircraft versus procuring addi- Mexico; be appropriated by section 301(5) for oper- tional C–130J or refurbishing C–130E/H plat- (2) determine the number of military and ation and maintenance for Defense-wide ac- forms to meet intra-theater airlift require- civilian personnel required to run a RC–26 tivities, not more than $3,000,000 may be ments of the combatant commander and domestic training center meeting the re- available to carry out this section. quirements identified under paragraph (1); component commands; and SEC. 1050. REPORT ON SOLID ROCKET MOTOR IN- (ii) the cost-effectiveness of procuring ad- (3) determine the requirements and cost of DUSTRIAL BASE. locating such a training center at a military ditional C–17 aircraft versus procuring addi- (a) REPORT.—Not later than 190 days after tional C–130J platforms or refurbishing C– installation for the purpose of preempting the date of the enactment of this Act, the 130E/H platforms to meet intra-theater air- and responding to security threats and re- Secretary of Defense shall submit to the con- lift requirements of the combatant com- sponding to crises; and gressional defense committees a report on mander and component commands. (4) include a comprehensive review of the the status, capability, viability, and capac- (3) Each analysis required by paragraph (2) number and type of intelligence, reconnais- ity of the solid rocket motor industrial base shall include— sance, and surveillance platforms needed for in the United States. the National Guard to effectively provide do- (A) a description of the assumptions and (b) CONTENT.—The report required under sensitivity analysis utilized in the study re- mestic operations and civil support (includ- subsection (a) shall include the following: garding aircraft performances and cargo ing homeland defense and counterdrug) to (1) An assessment of the ability to main- loading factors; and local, State, and Federal law enforcement tain the Minuteman III intercontinental bal- (B) a comprehensive statement of the data and first responder entities and how those listic missile through its planned oper- and assumptions utilized in making the pro- platforms would provide additional capabili- ational life. gram life cycle cost estimates and a com- ties not currently available from the assets (2) An assessment of the ability to main- parison of cost and risk associated with the of other local, State, and Federal agencies. tain the Trident II D–5 submarine launched (c) CONSULTATION.—In preparing the report optimally mixed fleet of airlift aircraft ballistic missile through its planned oper- required under subsection (a), the Secretary versus the program of record airlift aircraft ational life. of Defense shall consult with the Adjutant fleet. (3) An assessment of the ability to main- General of each State that borders Canada, TILIZATION OF OTHER STUDIES.—The (e) U Mexico, or the Gulf of Mexico, the Adjutant tain all other space launch, missile defense, study required by subsection (a) shall build General of the State of West Virginia, and and other vehicles with solid rocket motors, upon the results of the 2005 Mobility Capa- the National Guard Bureau. through their planned operational lifetimes. bilities Studies, the on-going Intra-theater (4) An assessment of the ability to support SEC. 1048. LIMITED FIELD USER EVALUATIONS Airlift Fleet Mix Analysis, the Intra-theater FOR COMBAT HELMET PAD SUSPEN- projected future requirements for vehicles Lift Capabilities Study, the Joint Future SION SYSTEMS. with solid rocket motors to support space Theater Airlift Capabilities Analysis, and (a) IN GENERAL.—The Secretary of Defense launch, missile defense, or any range of bal- other appropriate studies and analyses, such shall carry out a limited field user evalua- listic missiles determined to be necessary to as Fleet Viability Board Reports or special tion and operational assessment of qualified meet defense needs or other requirements of aircraft assessments. The study shall also in- combat helmet pad suspension systems. The the United States Government. clude any testing data collected on mod- evaluation and assessment shall be carried (5) An assessment of the required mate- ernization, recapitalization, and upgrade ef- out using verified product representative rials, the supplier base, the production facili- forts of current organic aircraft. samples from combat helmet pad suspension ties, and the production workforce needed to (f) COLLABORATION WITH UNITED STATES systems that are qualified as of the date of ensure that current and future requirements TRANSPORTATION COMMAND.—In conducting the enactment of this Act. could be met. the study required by subsection (a) and pre- (b) REPORT.—Not later than September 30, (6) An assessment of the adequacy of the paring the report required by subsection 2008, the Secretary shall submit to the con- current and projected industrial base support

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00144 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.064 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H171 programs to support the full range of pro- SEC. 1062. CONGRESSIONAL COMMISSION ON THE and the Committee on Armed Services of the jected future requirements identified in STRATEGIC POSTURE OF THE House of Representatives a report on the paragraph (4). UNITED STATES. commission’s findings, conclusions, and rec- (a) ESTABLISHMENT.—There is hereby es- SEC. 1051. REPORTS ON ESTABLISHMENT OF A ommendations. The report shall identify the MEMORIAL FOR MEMBERS OF THE tablished a commission to be known as the strategic posture and nuclear weapons strat- ARMED FORCES WHO DIED IN THE ‘‘Congressional Commission on the Strategic egy recommended under subsection (c)(2)(B) AIR CRASH IN BAKERS CREEK, AUS- Posture of the United States’’. The purpose and shall include— TRALIA, AND ESTABLISHMENT OF of the commission is to examine and make (1) the military capabilities and force OTHER MEMORIALS IN ARLINGTON recommendations with respect to the long- NATIONAL CEMETERY. structure necessary to support the strategy, term strategic posture of the United States. including both nuclear and non-nuclear capa- (a) BAKERS CREEK MEMORIAL.—Not later (b) COMPOSITION.— bilities that might support the strategy; than April 1, 2008, the Secretary of the Army (1) MEMBERSHIP.—The commission shall be (2) the number of nuclear weapons required shall submit to the Committee on Armed composed of 12 members appointed as fol- to support the strategy, including the num- Services and the Committee on Veterans’ Af- lows: ber of replacement warheads required, if any; fairs of the House of Representatives and the (A) Three by the chairman of the Com- (3) the appropriate qualitative analysis, in- Committee on Armed Services and the Com- mittee on Armed Services of the House of cluding force-on-force exchange modeling, to mittee on Veterans’ Affairs of the Senate a Representatives. calculate the effectiveness of the strategy report containing a discussion of locations (B) Three by the ranking minority member outside of Arlington National Cemetery that under various scenarios; of the Committee on Armed Services of the would serve as a suitable location for the es- (4) the nuclear infrastructure (that is, the House of Representatives. tablishment of a memorial to honor the size of the nuclear complex) required to sup- (C) Three by the chairman of the Com- memory of the 40 members of the Armed port the strategy; mittee on Armed Services of the Senate. Forces of the United States who lost their (5) an assessment of the role of missile de- (D) Three by the ranking minority member lives in the air crash at Bakers Creek, Aus- fenses in the strategy; of the Committee on Armed Services of the tralia, on June 14, 1943. (6) an assessment of the role of non- Senate. (b) MEMORIALS IN ARLINGTON NATIONAL proliferation programs in the strategy; (2) CHAIRMAN; VICE CHAIRMAN.— CEMETERY.—Not later than April 1, 2008, the (7) the political and military implications (A) CHAIRMAN.—The chairman of the Com- Secretary of the Army shall submit to the of the strategy for the United States and its mittee on Armed Services of the House of congressional committees specified in sub- allies; and Representatives and the chairman of the section (a) a report containing— (8) any other information or recommenda- Committee on Armed Services of the Senate (1) recommendations to implement the re- tions relating to the strategy (or to the stra- shall jointly designate one member of the sults of the study regarding proposals for the tegic posture) that the commission considers commission to serve as chairman of the com- construction of new memorials in Arlington appropriate. mission. National Cemetery that was conducted pur- (f) FUNDING.—Of the amounts appropriated suant to section 2897 of the Ronald W. (B) VICE CHAIRMAN.—The ranking minority or otherwise made available pursuant to this Reagan National Defense Authorization Act member of the Committee on Armed Serv- Act to the Department of Defense, $5,000,000 for Fiscal Year 2005 (Public Law 108–375; 118 ices of the House of Representatives and the is available to fund the activities of the com- Stat. 2157); and ranking minority member of the Committee mission. (2) proposed legislation, if necessary, to on Armed Services of the Senate shall joint- (g) TERMINATION.—The commission shall implement the results of the study. ly designate one member of the commission terminate on June 1, 2009. to serve as vice chairman of the commission. Subtitle F—Other Matters SEC. 1063. TECHNICAL AND CLERICAL AMEND- (3) PERIOD OF APPOINTMENT; VACANCIES.— MENTS. SEC. 1061. REIMBURSEMENT FOR NATIONAL Members shall be appointed for the life of GUARD SUPPORT PROVIDED TO (a) TITLE 10, UNITED STATES CODE.—Title FEDERAL AGENCIES. the commission. Any vacancy in the com- 10, United States Code, is amended as fol- Section 377 of title 10, United States Code, mission shall be filled in the same manner as lows: is amended— the original appointment. (1) Chapter 3 is amended— (1) in subsection (a), by striking ‘‘To the (c) DUTIES.— (A) by redesignating the section 127c added extent’’ and inserting ‘‘Subject to subsection (1) REVIEW.—The commission shall conduct by section 1201(a) of the John Warner Na- (c), to the extent’’; and a review of the strategic posture of the tional Defense Authorization Act for Fiscal (2) by striking subsection (b) and inserting United States, including a strategic threat Year 2007 (Public Law 109–364; 120 Stat. 2410) the following new subsections: assessment and a detailed review of nuclear as section 127d and transferring that section ‘‘(b)(1) Subject to subsection (c), the Sec- weapons policy, strategy, and force struc- so as to appear immediately after the section retary of Defense shall require a Federal ture. 127c added by section 1231(a) of the National agency to which law enforcement support or (2) ASSESSMENT AND RECOMMENDATIONS.— Defense Authorization Act for Fiscal Year support to a national special security event (A) ASSESSMENT.—The commission shall 2006 (Public Law 109–163; 119 Stat. 3467); and is provided by National Guard personnel per- assess the benefits and risks associated with (B) by revising the table of sections at the forming duty under section 502(f) of title 32 the current strategic posture and nuclear beginning of such chapter to reflect the re- to reimburse the Department of Defense for weapons policies of the United States. designation and transfer made by paragraph the costs of that support, notwithstanding (B) RECOMMENDATIONS.—The commission (1). any other provision of law. No other provi- shall make recommendations as to the most (2) Section 629(d)(1) is amended by insert- sion of this chapter shall apply to such sup- appropriate strategic posture and most effec- ing a comma after ‘‘(a)’’. port. tive nuclear weapons strategy. (3) Section 662(b) is amended by striking (d) COOPERATION FROM GOVERNMENT.— ‘‘(2) Any funds received by the Department ‘‘paragraphs (1), (2), and (3) of subsection (a)’’ (1) COOPERATION.—In carrying out its du- of Defense under this subsection as reim- and inserting ‘‘paragraphs (1) and (2) of sub- ties, the commission shall receive the full bursement for support provided by personnel section (a)’’. and timely cooperation of the Secretary of of the National Guard shall be credited, at (4) Subsections (c) and (d) of section 948r Defense, the Secretary of Energy, the Sec- the election of the Secretary of Defense, to are each amended by striking ‘‘Defense retary of State, the Director of National In- the following: Treatment Act of 2005’’ each place it appears telligence, and any other United States Gov- ‘‘(A) The appropriation, fund, or account and inserting ‘‘Detainee Treatment Act of ernment official in providing the commission used to fund the support. 2005’’. with analyses, briefings, and other informa- ‘‘(B) The appropriation, fund, or account (5) The table of sections at the beginning of tion necessary for the fulfillment of its re- currently available for reimbursement pur- subchapter VI of chapter 47A is amended by sponsibilities. poses. striking the item relating to section 950j and ‘‘(c) An agency to which support is pro- (2) LIAISON.—The Secretary of Defense, the inserting the following: vided under this chapter or section 502(f) of Secretary of Energy, the Secretary of State, title 32 is not required to reimburse the De- and the Director of National Intelligence ‘‘950j. Finality of proceedings, findings, and partment of Defense for such support if the shall each designate at least one officer or sentences.’’. Secretary of Defense waives reimbursement. employee of the Department of Defense, the (6) Section 950f(b) is amended by striking The Secretary may waive the reimbursement Department of Energy, the Department of ‘‘No person may be serve’’ and inserting ‘‘No requirement under this subsection if such State, and the intelligence community, re- person may serve’’. support— spectively, to serve as a liaison officer be- (7) The heading for section 950j is amended ‘‘(1) is provided in the normal course of tween the department (or the intelligence by striking ‘‘Finality or’’ and inserting ‘‘Fi- military training or operations; or community, as the case may be) and the nality of’’. ‘‘(2) results in a benefit to the element of commission. (8) Section 1034(b)(2) is amended by insert- the Department of Defense or personnel of (e) REPORT.—Not later than December 1, ing ‘‘unfavorable’’ before ‘‘action’’ the sec- the National Guard providing the support 2008, the commission shall submit to the ond place it appears. that is substantially equivalent to that President, the Secretary of Defense, the Sec- (9) Section 1588(d)(1)(B) is amended by which would otherwise be obtained from retary of Energy, the Secretary of State, the striking ‘‘the Act of March 9, 1920, commonly military operations or training.’’. Committee on Armed Services of the Senate, known as the ‘Suits in Admiralty Act’ (41

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00145 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.064 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H172 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Stat. 525; 46 U.S.C. App. 741 et seq.) and the (12) Section 2404(b)(2)(A)(ii) (120 Stat. 2459) the detainees who remain in detention de- Act of March 3, 1925, commonly known as the is amended by striking ‘‘2906 of such Act’’ spite having been ordered released by a De- ‘Public Vessels Act’ (43 Stat. 1112; 46 U.S.C. and inserting ‘‘2906A of such Act’’. partment of Defense administrative review App. 781 et seq.)’’ and inserting ‘‘chapters 309 (13) Section 2831 (120 Stat. 2480) is amend- board, to work with the Department of De- and 311 of title 46’’. ed— fense to facilitate and expedite the repatri- (10) The table of sections at the beginning (A) by striking ‘‘Section 2667(d)’’ and in- ation of such detainees; of chapter 137 is amended by striking the serting ‘‘Section 2667(e)’’; and (3) detainees at Guantanamo Bay, to the item relating to section 2333 and inserting (B) by inserting ‘‘as redesignated by sec- maximum extent possible, should be charged the following new item: tion 662(b)(1) of this Act,’’ after ‘‘Code,’’. and expeditiously prosecuted for crimes com- ‘‘2333. Joint policies on requirements defini- (d) PUBLIC LAW 109–366.—Effective as of Oc- mitted against the United States; and tion, contingency program tober 17, 2006, and as if included therein as (4) operations at Guantanamo Bay should management, and contingency enacted, Public Law 109–366 is amended as be carried out in a way that upholds the na- contracting.’’. follows: tional interest and core values of the Amer- (11) The table of sections at the beginning (1) Section 8(a)(3) (120 Stat. 2636) is amend- ican people. of chapter 141 is amended by inserting a pe- ed by inserting a semicolon after ‘‘sub- SEC. 1067. A REPORT ON TRANSFERRING INDI- riod at the end of the item relating to sec- section’’. VIDUALS DETAINED AT NAVAL STA- TION, GUANTANAMO BAY, CUBA. tion 2410p. (2) Section 9(1) (120 Stat. 2636) is amended (a) REPORT REQUIRED.—Not later than 60 (12) The table of sections at the beginning by striking ‘‘No. 1.’’ and inserting ‘‘No. 1,’’. days after the date of the enactment of this of chapter 152 is amended by inserting a pe- (e) NATIONAL DEFENSE AUTHORIZATION ACT Act, the Secretary of Defense shall submit to riod at the end of the item relating to sec- FOR FISCAL YEAR 2006.—Effective as of Janu- the congressional defense committees a re- tion 2567. ary 6, 2006, and as if included therein as en- port that contains the Secretary’s plan for (13) Section 2583(e) is amended by striking acted, the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) each individual presently detained at Naval ‘‘DOGS’’ and inserting ‘‘ANIMALS’’. Station, Guantanamo Bay, Cuba, under the (14) Section 2668(e) is amended by striking is amended as follows: control of the Joint Task Force Guanta- ‘‘and (d)’’ and inserting ‘‘and (e)’’. (1) Section 571 (119 Stat. 3270) is amended namo, who is or has ever been classified as (15) Section 12304(a) is amended by striking by striking ‘‘931 et seq.)’’ and inserting ‘‘921 an ‘‘enemy combatant’’ (referred to in this the second period at the end. et seq.)’’. section as a ‘‘detainee’’). (16) Section 14310(d)(1) is amended by in- (2) Section 1052(j) (119 Stat. 3435) is amend- ed by striking ‘‘Section 1049’’ and inserting (b) CONTENTS OF REPORT.—The report re- serting a comma after ‘‘(a)’’. quired under subsection (a) shall include (b) TITLE 37, UNITED STATES CODE.—Sec- ‘‘Section 1409’’. each of the following: tion 302c(d)(1) of title 37, United States Code, (f) MILITARY COMMISSIONS ACT OF 2006.— (1) An identification of the number of de- is amended by striking ‘‘Services Corps’’ and Section 7 of the Military Commissions Act of tainees who, as of December 31, 2007, the De- inserting ‘‘Service Corps’’. 2006 (Public Law 109–366) is amended by partment estimates— (c) JOHN WARNER NATIONAL DEFENSE AU- striking ‘‘added by added by’’ and inserting (A) will have been or will be charged with THORIZATION ACT FOR FISCAL YEAR 2007.—Ef- ‘‘added by’’. fective as of October 17, 2006, and as if in- (g) NATIONAL DEFENSE AUTHORIZATION ACT one or more crimes and may, therefore, be cluded therein as enacted, the John Warner FOR FISCAL YEAR 2004.—The National Defense tried before a military commission; National Defense Authorization Act for Fis- Authorization Act for Fiscal Year 2004 (Pub- (B) will be subject of an order calling for cal Year 2007 (Public Law 109–364) is amended lic Law 108–136) is amended as follows: the release or transfer of the detainee from as follows: (1) Section 706(a) (117 Stat. 1529; 10 U.S.C. the Guantanamo Bay facility; or (1) Section 333(a) (120 Stat. 2151) is amend- 1076b note) is amended by striking ‘‘those (C) will not have been charged with any ed— program’’ and inserting ‘‘those programs’’. crimes and will not be subject to an order (A) by striking ‘‘Section 332(c)’’ and insert- (2) Section 1413(a) (117 Stat. 1665; 41 U.S.C. calling for the release or transfer of the de- ing ‘‘Section 332’’; and 433 note) is amended by striking ‘‘(A))’’ and tainee from the Guantanamo Bay facility, (B) in paragraph (1), by inserting ‘‘in sub- inserting ‘‘(A)))’’. but whom the Department wishes to con- section (c),’’ after ‘‘(1)’’. (3) Section 1602(e)(3) (117 Stat. 1683; 10 tinue to detain. (2) Section 348(2) (120 Stat. 2159) is amended U.S.C. 2302 note) is amended by inserting (2) A description of the actions required to by striking ‘‘60 days of’’ and inserting ‘‘60 ‘‘Security’’ after ‘‘Health’’. be undertaken, by the Secretary of Defense, days after’’. (h) NATIONAL DEFENSE AUTHORIZATION ACT possibly the heads of other Federal agencies, (3) Section 511(a)(2)(D)(i) (120 Stat. 2182) is FOR FISCAL YEAR 1994.—Section 845(a) of the and Congress, to ensure that detainees who amended by inserting a comma after ‘‘title’’. National Defense Authorization Act for Fis- are subject to an order calling for their re- (4) Section 591(b)(1) (120 Stat. 2233) is cal Year 1994 (10 U.S.C. 2371 note) is amend- lease or transfer from the Guantanamo Bay amended by inserting a period after ‘‘this ed— facility have, in fact, been released. ORM.—The report required by sub- title’’. (1) in paragraph (2)(A), by inserting ‘‘Re- (c) F section (a) shall be submitted in unclassified (5) Section 606(b)(1)(A) (120 Stat. 2246) is search’’ after ‘‘Defense Advanced’’; and form but may contain a classified annex. amended by striking ‘‘in’’ and inserting (2) in paragraph (3), by inserting ‘‘Re- ‘‘In’’. search’’ after ‘‘Defense Advanced’’. SEC. 1068. REPEAL OF PROVISIONS IN SECTION (6) Section 670(b) (120 Stat. 2269) is amend- (i) NATIONAL DEFENSE AUTHORIZATION ACT 1076 OF PUBLIC LAW 109–364 RELAT- FOR FISCAL YEAR 1993.—Section 722(a)(1) of ING TO USE OF ARMED FORCES IN ed by striking ‘‘such title’’ and inserting MAJOR PUBLIC EMERGENCIES. ‘‘such chapter’’. the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 10 (a) INTERFERENCE WITH STATE AND FED- (7) Section 673 (120 Stat. 2271) is amended— ERAL LAWS.— (A) in subsection (a)(1), by inserting ‘‘the U.S.C. 1073 note) is amended by striking ‘‘155 Stat.’’ and inserting ‘‘115 Stat.’’. (1) IN GENERAL.—Section 333 of title 10, second place it appears’’ before ‘‘and insert- United States Code, is amended to read as ing’’; SEC. 1064. REPEAL OF CERTIFICATION REQUIRE- follows: (B) in subsection (b)(1)— MENT. (i) by striking ‘‘Section’’ and inserting Section 1063 of the National Defense Au- ‘‘§ 333. Interference with State and Federal ‘‘Subsection (a) of section’’; and thorization Act for Fiscal Year 2006 (Public law (ii) by inserting ‘‘the second place it ap- Law 109–163; 119 Stat. 3445) is repealed. ‘‘The President, by using the militia or the pears’’ before ‘‘and inserting’’; and SEC. 1065. MAINTENANCE OF CAPABILITY FOR armed forces, or both, or by any other (C) in subsection (c)(1), by inserting ‘‘the SPACE-BASED NUCLEAR DETECTION. means, shall take such measures as he con- second place it appears’’ before ‘‘and insert- The Secretary of Defense shall maintain siders necessary to suppress, in a State, any ing’’. the capability for space-based nuclear detec- insurrection, domestic violence, unlawful (8) Section 842(a)(2) (120 Stat. 2337) is tion at a level that meets or exceeds the combination, or conspiracy, if it— amended by striking ‘‘adding at the end’’ and level of capability as of the date of the en- ‘‘(1) so hinders the execution of the laws of inserting ‘‘inserting after the item relating actment of this Act. that State, and of the United States within to section 2533a’’. SEC. 1066. SENSE OF CONGRESS REGARDING DE- the State, that any part or class of its people (9) Section 1017(b)(2) (120 Stat. 2379; 10 TAINEES AT NAVAL STATION, GUAN- is deprived of a right, privilege, immunity, U.S.C. 2631 note) is amended by striking TANAMO BAY, CUBA. or protection named in the Constitution and ‘‘section 27’’ and all that follows through the It is the sense of Congress that— secured by law, and the constituted authori- period at the end and inserting ‘‘sections (1) the Nation extends its gratitude to the ties of that State are unable, fail, or refuse 12112 and 50501 and chapter 551 of title 46, military personnel who guard and interro- to protect that right, privilege, or immunity, United States Code.’’. gate some of the world’s most dangerous or to give that protection; or (10) Section 1071(f) (120 Stat. 2402) is men every day at Naval Station, Guanta- ‘‘(2) opposes or obstructs the execution of amended by striking ‘‘identical’’ both places namo Bay, Cuba; the laws of the United States or impedes the it appears. (2) the United States Government should course of justice under those laws. (11) Section 1231(d) (120 Stat. 2430; 22 U.S.C. urge the international community, in gen- In any situation covered by clause (1), the 2776a(d)) is amended by striking ‘‘note’’. eral, and in particular, the home countries of State shall be considered to have denied the

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equal protection of the laws secured by the (c) DEADLINES.— ‘‘(2) COVERED PERSON.—The term ‘covered Constitution.’’. (1) DEVELOPMENT AND IMPLEMENTATION.— person’ means— (2) PROCLAMATION TO DISPERSE.—Section The Secretary of Defense shall develop the ‘‘(A) an officer or employee of a Federal 334 of such title is amended by striking ‘‘or standards required under this section by not agency; those obstructing the enforcement of the later than July 1, 2008, and implement such ‘‘(B) a member of the Army, Navy, Air laws’’ after ‘‘insurgents’’. standards by not later than January 1, 2009. Force, or Marine Corps who is on active duty (3) HEADING AMENDMENT.—The heading of (2) SUBMISSION TO CONGRESS.—Not later or is in an active status; and chapter 15 of such title is amended to read as than August 1, 2009, the Secretary shall sub- ‘‘(C) an officer or employee of a contractor follows: mit to the Committees on Armed Services of of a Federal agency. ‘‘CHAPTER 15—INSURRECTION’’. the Senate and House of Representatives the ‘‘(3) RESTRICTED DATA.—The term ‘Re- standards implemented pursuant to para- stricted Data’ has the meaning given that (4) CLERICAL AMENDMENTS.— term in section 11 of the Atomic Energy Act (A) The table of sections at the beginning graph (1). of 1954 (42 U.S.C. 2014). of chapter 15 of such title is amended by SEC. 1070. REVISED NUCLEAR POSTURE REVIEW. ‘‘(4) SPECIAL ACCESS PROGRAM.—The term striking the item relating to section 333 and (a) REQUIREMENT FOR COMPREHENSIVE RE- ‘special access program’ has the meaning inserting the following new item: VIEW.—In order to clarify United States nu- clear deterrence policy and strategy for the given that term in section 4.1 of Executive ‘‘333. Interference with State and Federal near term, the Secretary of Defense shall Order No. 12958 (60 Fed. Reg. 19825). law.’’. conduct a comprehensive review of the nu- ‘‘(b) PROHIBITION.—After January 1, 2008, (B) The tables of chapters at the beginning clear posture of the United States for the the head of a Federal agency may not grant of subtitle A of title 10, United States Code, next 5 to 10 years. The Secretary shall con- or renew a security clearance for a covered and at the beginning of part I of such sub- duct the review in consultation with the Sec- person who is an unlawful user of a con- title, are each amended by striking the item retary of Energy and the Secretary of State. trolled substance or an addict (as defined in relating to chapter 15 and inserting the fol- (b) ELEMENTS OF REVIEW.—The nuclear pos- section 102(1) of the Controlled Substances lowing new item: ture review shall include the following ele- Act (21 U.S.C. 802)). ‘‘(c) DISQUALIFICATION.— ‘‘15. Insurrection ...... 331’’. ments: ‘‘(1) IN GENERAL.—After January 1, 2008, ab- (b) REPEAL OF SECTION RELATING TO PROVI- (1) The role of nuclear forces in United States military strategy, planning, and pro- sent an express written waiver granted in ac- SION OF SUPPLIES, SERVICES, AND EQUIP- cordance with paragraph (2), the head of a MENT.— gramming. (2) The policy requirements and objectives Federal agency may not grant or renew a se- (1) IN GENERAL.—Section 2567 of title 10, curity clearance described in paragraph (3) for the United States to maintain a safe, re- United States Code, is repealed. for a covered person who— liable, and credible nuclear deterrence pos- (2) CLERICAL AMENDMENT.—The table of ‘‘(A) has been convicted in any court of the ture. sections at the beginning of chapter 152 of United States of a crime, was sentenced to (3) The relationship among United States such title is amended by striking the item imprisonment for a term exceeding 1 year, nuclear deterrence policy, targeting strat- relating to section 2567. and was incarcerated as a result of that sen- egy, and arms control objectives. (c) CONFORMING AMENDMENT.—Section tence for not less than 1 year; (4) The role that missile defense capabili- 12304(c) of such title is amended by striking ‘‘(B) has been discharged or dismissed from ties and conventional strike forces play in ‘‘Except to perform’’ and all that follows the Armed Forces under dishonorable condi- determining the role and size of nuclear through ‘‘this section’’ and inserting ‘‘No tions; or unit or member of a reserve component may forces. ‘‘(C) is mentally incompetent, as deter- be ordered to active duty under this section (5) The levels and composition of the nu- mined by an adjudicating authority, based to perform any of the functions authorized clear delivery systems that will be required on an evaluation by a duly qualified mental by chapter 15 or section 12406 of this title or, for implementing the United States national health professional employed by, or accept- except as provided in subsection (b),’’. and military strategy, including any plans able to and approved by, the United States (d) EFFECTIVE DATE.—The amendments for replacing or modifying existing systems. Government and in accordance with the ad- made by this section shall take effect on the (6) The nuclear weapons complex that will date of the enactment of this Act. judicative guidelines required by subsection be required for implementing the United (d). SEC. 1069. STANDARDS REQUIRED FOR ENTRY TO States national and military strategy, in- MILITARY INSTALLATIONS IN ‘‘(2) WAIVER AUTHORITY.—In a meritorious cluding any plans to modernize or modify case, an exception to the disqualification in UNITED STATES. the complex. (a) DEVELOPMENT OF STANDARDS.— this subsection may be authorized if there (7) The active and inactive nuclear weap- are mitigating factors. Any such waiver may (1) ACCESS STANDARDS FOR VISITORS.—The ons stockpile that will be required for imple- Secretary of Defense shall develop access be authorized only in accordance with— menting the United States national and ‘‘(A) standards and procedures prescribed standards applicable to all military installa- military strategy, including any plans for re- tions in the United States. The standards by, or under the authority of, an Executive placing or modifying warheads. order or other guidance issued by the Presi- shall require screening standards appropriate (c) REPORT TO CONGRESS.—The Secretary of dent; or to the type of installation involved, the secu- Defense shall submit to Congress, in unclas- ‘‘(B) the adjudicative guidelines required rity level, category of individuals authorized sified and classified forms as necessary, a re- by subsection (d). to visit the installation, and level of access port on the results of the nuclear posture re- ‘‘(3) COVERED SECURITY CLEARANCES.—This to be granted, including— view conducted under this section. The re- subsection applies to security clearances (A) protocols to determine the fitness of port shall be submitted concurrently with that provide for access to— the individual to enter an installation; and the quadrennial defense review required to ‘‘(A) special access programs; (B) standards and methods for verifying be submitted under section 118 of title 10, ‘‘(B) Restricted Data; or the identity of the individual. United States Code, in 2009. (2) ADDITIONAL CRITERIA.—The standards (d) SENSE OF CONGRESS.—It is the sense of ‘‘(C) any other information commonly re- required under paragraph (1) may— Congress that the nuclear posture review ferred to as ‘sensitive compartmented infor- (A) provide for expedited access to a mili- conducted under this section should be used mation’. tary installation for Department of Defense as a basis for establishing future United ‘‘(4) ANNUAL REPORT.— personnel and employees and family mem- States arms control objectives and negoti- ‘‘(A) REQUIREMENT FOR REPORT.—Not later bers of personnel who reside on the installa- ating positions. than February 1 of each year, the head of a Federal agency shall submit a report to the tion; SEC. 1071. TERMINATION OF COMMISSION ON (B) provide for closer scrutiny of categories THE IMPLEMENTATION OF THE NEW appropriate committees of Congress if such of individuals determined by the Secretary STRATEGIC POSTURE OF THE agency employs or employed a person for of Defense to pose a higher potential secu- UNITED STATES. whom a waiver was granted in accordance rity risk; and Section 1051 of the National Defense Au- with paragraph (2) during the preceding year. (C) in the case of an installation that the thorization Act for Fiscal Year 2006 (Public Such annual report shall not reveal the iden- Secretary determines contains particularly Law 109–163; 119 Stat. 3431) is repealed. tity of such person, but shall include for sensitive facilities, provide additional SEC. 1072. SECURITY CLEARANCES; LIMITATIONS. each waiver issued the disqualifying factor screening requirements, as well as physical (a) IN GENERAL.—Title III of the Intel- under paragraph (1) and the reasons for the and other security measures for the installa- ligence Reform and Terrorism Prevention waiver of the disqualifying factor. tion. Act of 2004 (50 U.S.C. 435b) is amended by ‘‘(B) DEFINITIONS.—In this paragraph: (b) USE OF TECHNOLOGY.—The Secretary of adding at the end the following new section: ‘‘(i) APPROPRIATE COMMITTEES OF CON- Defense is encouraged to procure and field ‘‘SEC. 3002. SECURITY CLEARANCES; LIMITA- GRESS.—The term ‘appropriate committees existing identification screening technology TIONS. of Congress’ means, with respect to a report and to develop additional technology only to ‘‘(a) DEFINITIONS.—In this section: submitted under subparagraph (A) by the the extent necessary to assist commanders ‘‘(1) CONTROLLED SUBSTANCE.—The term head of a Federal agency— of military installations in implementing ‘controlled substance’ has the meaning given ‘‘(I) the congressional defense committees; the standards developed under this section at that term in section 102 of the Controlled ‘‘(II) the congressional intelligence com- points of entry for such installations. Substances Act (21 U.S.C. 802). mittees;

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00147 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.065 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H174 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(III) the Committee on Homeland Secu- the United States to the following persons under this subsection for an initial period of rity and Governmental Affairs of the Senate; who, by nature of their positions, require not more than 90 calendar days. ‘‘(IV) the Committee on Oversight and continuous security and protection: (B) SUBSEQUENT PERIOD.—If, at the end of Government Reform of the House of Rep- (1) Secretary of Defense. the period that protection and security is resentatives; and (2) Deputy Secretary of Defense. provided to an individual under subsection ‘‘(V) each Committee of the Senate or the (3) Chairman of the Joint Chiefs of Staff. (A), the Secretary determines that a condi- House of Representatives with oversight au- (4) Vice Chairman of the Joint Chiefs of tion described in subparagraph (A) or (B) of thority over such Federal agency. Staff. paragraph (1) continues to exist with respect ‘‘(ii) CONGRESSIONAL DEFENSE COMMIT- (5) Secretaries of the military depart- to the individual, the Secretary may extend TEES.—The term ‘congressional defense com- ments. the period that such protection and security mittees’ has the meaning given that term in (6) Chiefs of the Services. is provided for additional 60-day periods. The section 101(a)(16) of title 10, United States (7) Commanders of combatant commands. Secretary shall review such a determination at the end of each 60-day period to determine Code. (b) PROTECTION FOR ADDITIONAL PER- whether to continue to provide such protec- ‘‘(iii) CONGRESSIONAL INTELLIGENCE COMMIT- SONNEL.— tion and security. TEES.—The term ‘congressional intelligence (1) AUTHORITY TO PROVIDE.—The Secretary EQUIREMENT FOR COMPLIANCE WITH committees’ has the meaning given that of Defense, under regulations prescribed by (C) R REGULATIONS.—Protection and personal secu- term in section 3 of the National Security the Secretary and in accordance with guide- rity provided under subparagraph (B) shall Act of 1947 (50 U.S.C. 401a). lines approved by the Secretary and the At- be provided in accordance with the regula- ‘‘(d) ADJUDICATIVE GUIDELINES.— torney General, may authorize qualified tions and guidelines referred to in paragraph ‘‘(1) REQUIREMENT TO ESTABLISH.—The members of the Armed Forces and qualified (1). President shall establish adjudicative guide- civilian employees of the Department of De- (6) SUBMISSION TO CONGRESS.— lines for determining eligibility for access to fense to provide physical protection and per- (A) IN GENERAL.—The Secretary of Defense classified information. sonal security within the United States to shall submit to the congressional defense ‘‘(2) REQUIREMENTS RELATED TO MENTAL individuals other than individuals described HEALTH.—The guidelines required by para- committees each determination made under in paragraphs (1) through (7) of subsection paragraph (4) to provide protection and secu- graph (1) shall— (a) if the Secretary determines that such ‘‘(A) include procedures and standards rity to an individual and of each determina- protection and security are necessary be- tion under paragraph (5)(B) to extend such under which a covered person is determined cause— to be mentally incompetent and provide a protection and security, together with the (A) there is an imminent and credible justification for such determination, not means to appeal such a determination; and threat to the safety of the individual for ‘‘(B) require that no negative inference later than 15 days after the date on which whom protection is to be provided; or the determination is made. concerning the standards in the guidelines (B) compelling operational considerations may be raised solely on the basis of seeking (B) FORM OF REPORT.—A report submitted make such protection essential to the con- under subparagraph (A) may be made in clas- mental health counseling.’’. duct of official Department of Defense busi- (b) CONFORMING AMENDMENTS.— sified form. ness. (1) REPEAL.—Section 986 of title 10, United (C) REGULATIONS AND GUIDELINES.—The (2) PERSONNEL.—Individuals authorized to States Code, is repealed. Secretary of Defense shall submit to the con- receive physical protection and personal se- (2) CLERICAL AMENDMENT.—The table of gressional defense committees the regula- curity under this subsection include the fol- sections at the beginning of chapter 49 of tions and guidelines prescribed pursuant to lowing: such title is amended by striking the item paragraph (1) not less than 20 days before the (A) Any official, military member, or em- relating to section 986. date on which such regulations take effect. ployee of the Department of Defense. (c) DEFINITIONS.—In this section: (3) EFFECTIVE DATE.—The amendments (B) A former or retired official who faces made by this subsection shall take effect on (1) CONGRESSIONAL DEFENSE COMMITTEES.— serious and credible threats arising from du- January 1, 2008. The term ‘‘congressional defense commit- ties performed while employed by the De- tees’’ means the Committee on Appropria- SEC. 1073. IMPROVEMENTS IN THE PROCESS FOR partment for a period of up to two years be- THE ISSUANCE OF SECURITY CLEAR- tions and the Committee on Armed Services ANCES. ginning on the date on which the official sep- of the Senate and the Committee on Appro- (a) DEMONSTRATION PROJECT.—Not later arates from the Department. priations and the Committee on Armed Serv- than 6 months after the date of the enact- (C) A head of a foreign state, an official ices of the House of Representatives. ment of this Act, the Secretary of Defense representative of a foreign government, or (2) QUALIFIED MEMBERS OF THE ARMED and the Director of National Intelligence any other distinguished foreign visitor to the FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF shall implement a demonstration project United States who is primarily conducting THE DEPARTMENT OF DEFENSE.—The terms that applies new and innovative approaches official business with the Department of De- ‘‘qualified members of the Armed Forces’’ to improve the processing of requests for se- fense. and ‘‘qualified civilian employees of the De- curity clearances. (D) Any member of the immediate family partment of Defense’’ refer collectively to (b) EVALUATION.—Not later than 1 year of a person authorized to receive physical members or employees who are assigned to after the date of the enactment of this Act, protection and personal security under this investigative, law enforcement, or security the Secretary of Defense and the Director of section. duties of any of the following: National Intelligence shall carry out an eval- (E) An individual who has been designated (A) The Army Criminal Investigation Com- uation of the process for issuing security by the President, and who has received the mand. clearances and develop a specific plan and advice and consent of the Senate, to serve as (B) The Naval Criminal Investigative Serv- schedule for replacing such process with an Secretary of Defense, but who has not yet ice. improved process. been appointed as Secretary of Defense. (C) The Air Force Office of Special Inves- (c) REPORT.—Not later than 30 days after (3) LIMITATION ON DELEGATION.—The au- tigations. the date of the completion of the evaluation thority of the Secretary of Defense to au- (D) The Defense Criminal Investigative required by subsection (b), the Secretary of thorize the provision of physical protection Service. Defense and the Director of National Intel- and personal security under this subsection (E) The Pentagon Force Protection Agen- ligence shall submit to Congress a report may be delegated only to the Deputy Sec- cy. on— retary of Defense. (d) CONSTRUCTION.— (1) the results of the demonstration project (4) REQUIREMENT FOR WRITTEN DETERMINA- (1) NO ADDITIONAL LAW ENFORCEMENT OR AR- carried out pursuant to subsection (a); TION.—A determination of the Secretary of REST AUTHORITY.—Other than the authority (2) the results of the evaluation carried out Defense to provide physical protection and to provide protection and security under this under subsection (b); and personal security under this subsection shall section, nothing in this section may be con- (3) the recommended specific plan and be in writing, shall be based on a threat as- strued to bestow any additional law enforce- schedule for replacing the existing process sessment by an appropriate law enforcement, ment or arrest authority upon the qualified for issuing security clearances with an im- security, or intelligence organization, and members of the Armed Forces and qualified proved process. shall include the name and title of the offi- civilian employees of the Department of De- SEC. 1074. PROTECTION OF CERTAIN INDIVID- cer, employee, or other individual affected, fense. UALS. the reason for such determination, the dura- (2) POSSE COMITATUS.—Nothing in this sec- (a) PROTECTION FOR DEPARTMENT LEADER- tion of the authorized protection and secu- tion shall be construed to abridge section SHIP.—The Secretary of Defense, under regu- rity for such officer, employee, or individual, 1385 of title 18, United States Code. lations prescribed by the Secretary and in and the nature of the arrangements for the (3) AUTHORITIES OF OTHER DEPARTMENTS.— accordance with guidelines approved by the protection and security. Nothing in this section may be construed to Secretary and the Attorney General, may (5) DURATION OF PROTECTION.— preclude or limit, in any way, the express or authorize qualified members of the Armed (A) INITIAL PERIOD OF PROTECTION.—After implied powers of the Secretary of Defense Forces and qualified civilian employees of making a written determination under para- or other Department of Defense officials, or the Department of Defense to provide phys- graph (4), the Secretary of Defense may pro- the duties and authorities of the Secretary ical protection and personal security within vide protection and security to an individual of State, the Director of the United States

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00148 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.065 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H175 Secret Service, the Director of the United ation that (i) is within the United States ter- ited to the appropriation fund or account States Marshals Service, or any other Fed- ritorial airspace; (ii) the Administrator of from which the expenses were paid. Amounts eral law enforcement agency. the Federal Aviation Administration deter- so credited shall be merged with funds in SEC. 1075. MODIFICATION OF AUTHORITIES ON mines is available for compensation or hire such appropriation fund or account and shall COMMISSION TO ASSESS THE to the public, and (iii) must comply with all be available for the same purposes and sub- THREAT TO THE UNITED STATES applicable civil aircraft rules under title 14, ject to the same limitations as the funds FROM ELECTROMAGNETIC PULSE Code of Federal Regulations.’’. with which the funds are merged.’’. ATTACK. (b) AIRCRAFT OPERATED BY THE ARMED SEC. 1081. PILOT PROGRAM ON COMMERCIAL (a) EXTENSION OF DATE OF SUBMITTAL OF FORCES.—Section 40125(c)(1)(C) of such title FEE-FOR-SERVICE AIR REFUELING FINAL REPORT.—Section 1403(a) of the Floyd is amended by inserting ‘‘or other commer- SUPPORT FOR THE AIR FORCE. D. Spence National Defense Authorization cial air service’’ after ‘‘transportation’’. (a) PILOT PROGRAM REQUIRED.—The Sec- Act for Fiscal Year 2001 (as enacted into law (c) CONFORMING AMENDMENTS.— retary of the Air Force shall conduct, as by Public Law 106–398; 50 U.S.C. 2301 note) is (1) Section 40125(b) of such title is amended soon as practicable after the date of the en- amended by striking ‘‘June 30, 2007’’ and in- by striking ‘‘40102(a)(37)’’ and inserting actment of this Act, a pilot program to as- serting ‘‘November 30, 2008’’. ‘‘40102(a)(41)’’. sess the feasibility and advisability of uti- (b) COORDINATION OF WORK WITH DEPART- (2) Section 40125(c)(1) of such title is lizing commercial fee-for-service air refuel- MENT OF HOMELAND SECURITY.—Section 1404 amended by striking ‘‘40102(a)(37)(E)’’ and in- ing tanker aircraft for Air Force operations. of such Act is amended by adding at the end serting ‘‘40102(a)(41)(E)’’. The duration of the pilot program shall be at the following new subsection: SEC. 1079. COMMUNICATIONS WITH THE COMMIT- least five years after commencement of the ‘‘(c) COORDINATION WITH DEPARTMENT OF TEES ON ARMED SERVICES OF THE program. HOMELAND SECURITY.—The Commission and SENATE AND THE HOUSE OF REP- (b) PURPOSE.— the Secretary of Homeland Security shall RESENTATIVES. (1) IN GENERAL.—The pilot program re- jointly ensure that the work of the Commis- (a) REQUESTS OF COMMITTEES.—The Direc- quired by subsection (a) shall evaluate the sion with respect to electromagnetic pulse tor of the National Counterterrorism Center, feasibility of fee-for-service air refueling to attack on electricity infrastructure, and pro- the Director of a national intelligence cen- support, augment, or enhance the air refuel- tection against such attack, is coordinated ter, or the head of any element of the intel- ing mission of the Air Force by utilizing with Department of Homeland Security ef- ligence community shall, not later than 45 commercial air refueling providers on a fee- forts on such matters.’’. days after receiving a written request from for-service basis. (c) LIMITATION ON DEPARTMENT OF DEFENSE the Chair or ranking minority member of the (2) ELEMENTS.—In order to achieve the pur- FUNDING.—The aggregate amount of funds Committee on Armed Services of the Senate pose of the pilot program, the Secretary of provided by the Department of Defense to or the Committee on Armed Services of the the Air Force shall— the Commission to Assess the Threat to the House of Representatives for any existing in- (A) demonstrate and validate a comprehen- United States from Electromagnetic Pulse telligence assessment, report, estimate, or sive strategy for air refueling on a fee-for- Attack for purposes of the preparation and legal opinion relating to matters within the service basis by evaluating all mission areas, submittal of the final report required by sec- jurisdiction of such Committee, make avail- including testing support, training support tion 1403(a) of the Floyd D. Spence National able to such committee such assessment, re- to receiving aircraft, homeland defense sup- Defense Authorization Act for Fiscal Year port, estimate, or legal opinion, as the case port, deployment support, air bridge support, 2001 (as amended by subsection (a)), whether may be. aeromedical evacuation, and emergency air by transfer or otherwise and including funds (b) ASSERTION OF PRIVILEGE.— refueling; and provided the Commission before the date of (1) IN GENERAL.—In response to a request (B) integrate fee-for-service air refueling the enactment of this Act, shall not exceed covered by subsection (a), the Director of the described in paragraph (1) into Air Mobility $5,600,000. National Counterterrorism Center, the Di- Command operations during the evaluation SEC. 1076. SENSE OF CONGRESS ON SMALL BUSI- rector of a national intelligence center, or and execution phases of the pilot program. NESS INNOVATION RESEARCH PRO- the head of any element of the intelligence (c) ANNUAL REPORT.—The Secretary of the GRAM. community shall provide to the Committee Air Force shall provide to the congressional It is the sense of Congress that— making such request the document or infor- defense committees an annual report on the (1) the Department of Defense’s Small mation covered by such request unless the fee-for-service air refueling program, which Business Innovation Research program has President determines that such document or includes— been effective in supporting the performance information shall not be provided because (1) information with respect to— of the missions of the Department of De- the President is asserting a privilege pursu- (A) missions flown; fense, by stimulating technological innova- ant to the Constitution of the United States. (B) mission areas supported; tion through investments in small business (2) SUBMISSION TO CONGRESS.—The White (C) aircraft number, type, model series research activities; House Counsel shall submit to Congress in supported; (2) the Department of Defense’s Small writing any assertion by the President under (D) fuel dispensed; Business Innovation Research program has paragraph (1) of a privilege pursuant to the (E) departure reliability rates; and transitioned a number of technologies and Constitution. (F) the annual and cumulative cost to the systems into operational use by warfighters; (c) DEFINITIONS.—In this section: Government for the program, including a and (1) INTELLIGENCE COMMUNITY.—The term comparison of costs of the same service pro- (3) the Department of Defense’s Small ‘‘intelligence community’’ has the meaning vided by the Air Force; Business Innovation Research program given the term in section 3(4) of the National (2) an assessment of the impact of should be reauthorized so as to ensure that Security Act of 1947 (50 U.S.C. 401a(4)). outsourcing air refueling on the Air Force’s the program’s activities can continue (2) INTELLIGENCE ASSESSMENT.—The term flying hour program and aircrew training; seamlessly, efficiently, and effectively. ‘‘intelligence assessment’’ means an intel- and SEC. 1077. REVISION OF PROFICIENCY FLYING ligence-related analytical study of a subject (3) any other data that the Secretary de- DEFINITION. of policy significance and does not include termines is appropriate for evaluating the Subsection (c) of section 2245 of title 10, building-block papers, research projects, and performance of the commercial air refueling United States Code, is amended to read as reference aids. providers participating in the pilot program. follows: (3) INTELLIGENCE ESTIMATE.—The term ‘‘in- (d) COMPTROLLER GENERAL REVIEW.—The ‘‘(c) In this section, the term ‘proficiency telligence estimate’’ means an appraisal of Comptroller General shall submit to the con- flying’ means flying performed under com- available intelligence relating to a specific gressional defense committees— petent orders by a rated or designated mem- situation or condition with a view to deter- (1) an annual review of the conduct of the ber of the armed forces while serving in a mining the courses of action open to an pilot program under this section and any non-aviation assignment or in an assignment enemy or potential enemy and the probable recommendations of the Comptroller Gen- in which skills would normally not be main- order of adoption of such courses of action. eral for improving the program; and tained in the performance of assigned du- SEC. 1080. RETENTION OF REIMBURSEMENT FOR (2) not later than 90 days after the comple- ties.’’. PROVISION OF RECIPROCAL FIRE tion of the pilot program, a final assessment SEC. 1078. QUALIFICATIONS FOR PUBLIC AIR- PROTECTION SERVICES. of the results of the pilot program and the CRAFT STATUS OF AIRCRAFT UNDER Section 5 of the Act of May 27, 1955 (chap- recommendations of the Comptroller Gen- CONTRACT WITH THE ARMED ter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amend- eral for whether the Secretary of the Air FORCES. ed— Force should continue to utilize fee-for-serv- (a) DEFINITION OF PUBLIC AIRCRAFT.—Sec- (1) by striking ‘‘Funds’’ and inserting ‘‘(a) ice air refueling. tion 40102(a)(41)(E) of title 49, United States Funds’’; and SEC. 1082. ADVISORY PANEL ON DEPARTMENT OF Code, is amended— (2) by adding at the end the following new DEFENSE CAPABILITIES FOR SUP- (1) by inserting ‘‘or other commercial air subsection: PORT OF CIVIL AUTHORITIES AFTER service’’ after ‘‘transportation’’; and ‘‘(b) Notwithstanding the provisions of sub- CERTAIN INCIDENTS. (2) by adding at the end the following: ‘‘In section (a), all sums received for any Depart- (a) IN GENERAL.—The Secretary of Defense the preceding sentence, the term ‘other com- ment of Defense activity for fire protection shall establish an advisory panel to carry mercial air service’ means an aircraft oper- rendered pursuant to this Act shall be cred- out an assessment of the capabilities of the

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00149 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.065 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H176 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Department of Defense to provide support to Health and Human Services, in the provision port or resources for such an act if such act United States civil authorities in the event of support described in paragraph (1); or provision of material support or resources of a chemical, biological, radiological, nu- (5) assess the adequacy and currency of in- is engaged in by an official, employee, or clear, or high-yield explosive (CBRNE) inci- formation available to the Department of agent of such foreign state while acting dent. Defense, whether directly or through other within the scope of his or her office, employ- (b) PANEL MATTERS.— departments and agencies of the Federal ment, or agency. (1) IN GENERAL.—The advisory panel re- Government, from State and local govern- ‘‘(2) CLAIM HEARD.—The court shall hear a quired by subsection (a) shall consist of indi- ments in circumstances where the Depart- claim under this section if— viduals appointed by the Secretary of De- ment provides support described in para- ‘‘(A)(i)(I) the foreign state was designated fense (in consultation with the chairmen and graph (1) because State and local response as a state sponsor of terrorism at the time ranking members of the Committees on capabilities are not fully adequate for a com- the act described in paragraph (1) occurred, Armed Services of the Senate and the House prehensive response; or was so designated as a result of such act, of Representatives) from among private citi- (6) assess the equipment capabilities and and, subject to subclause (II), either remains zens of the United States with expertise in needs of the Department of Defense to pro- so designated when the claim is filed under the legal, operational, and organizational as- vide support described in paragraph (1); this section or was so designated within the pects of the management of the con- (7) develop recommendations for modifying 6-month period before the claim is filed sequences of a chemical, biological, radio- the capabilities, plans, policies, equipment, under this section; or logical, nuclear, or high-yield explosive inci- and structures evaluated or assessed under ‘‘(II) in the case of an action that is refiled dent. this subsection in order to improve the pro- under this section by reason of section (2) DEADLINE FOR APPOINTMENT.—All mem- vision by the Department of Defense of the 1083(c)(2)(A) of the National Defense Author- bers of the advisory panel shall be appointed support described in paragraph (1); and ization Act for Fiscal Year 2008 or is filed under this subsection not later than 30 days (8) assess and make recommendations on— under this section by reason of section after the date on which the Secretary enters (A) whether there should be any additional 1083(c)(3) of that Act, the foreign state was into the contract required by subsection (c). Weapons of Mass Destruction Civil Support designated as a state sponsor of terrorism (3) INITIAL MEETING.—The advisory panel Teams, beyond the 55 already authorized when the original action or the related ac- shall conduct its first meeting not later than and, if so, how many additional Civil Sup- tion under section 1605(a)(7) (as in effect be- 30 days after the date that all appointments port Teams, and where they should be lo- fore the enactment of this section) or section to the panel have been made under this sub- cated; and 589 of the Foreign Operations, Export Fi- section. (B) what criteria and considerations are nancing, and Related Programs Appropria- (4) PROCEDURES.—The advisory panel shall appropriate to determine whether additional tions Act, 1997 (as contained in section 101(c) carry out its duties under this section under Civil Support Teams are needed and, if so, of division A of Public Law 104–208) was filed; procedures established under subsection (c) where they should be located. ‘‘(ii) the claimant or the victim was, at the by the federally funded research and develop- (e) COOPERATION OF OTHER AGENCIES.— time the act described in paragraph (1) oc- ment center with which the Secretary con- (1) IN GENERAL.—The advisory panel re- curred— tracts under that subsection. Such proce- quired by subsection (a) may secure directly ‘‘(I) a national of the United States; dures shall include procedures for the selec- from the Department of Defense, the Depart- ‘‘(II) a member of the armed forces; or tion of a chairman of the advisory panel ment of Homeland Security, the Department ‘‘(III) otherwise an employee of the Gov- from among its members. of Energy, the Department of Justice, the ernment of the United States, or of an indi- (c) SUPPORT OF FEDERALLY FUNDED RE- Department of Health and Human Services, vidual performing a contract awarded by the SEARCH AND DEVELOPMENT CENTER.— and any other department or agency of the United States Government, acting within (1) IN GENERAL.—The Secretary of Defense Federal Government information that the shall enter into a contract with a federally the scope of the employee’s employment; and panel considers necessary for the panel to funded research and development center for ‘‘(iii) in a case in which the act occurred in carry out its duties. the provision of support and assistance to the foreign state against which the claim has (2) COOPERATION.—The Secretary of De- the advisory panel required by subsection (a) been brought, the claimant has afforded the fense, the Secretary of Homeland Secretary, in carrying out its duties under this section. foreign state a reasonable opportunity to ar- the Secretary of Energy, the Attorney Gen- Such support and assistance shall include bitrate the claim in accordance with the ac- eral, the Secretary of Health and Human the establishment of the procedures of the cepted international rules of arbitration; or Services, and any other official of the United advisory panel under subsection (b)(4). ‘‘(B) the act described in paragraph (1) is States shall provide the advisory panel with related to Case Number 1:00CV03110 (EGS) in (2) DEADLINE FOR CONTRACT.—The Sec- full and timely cooperation in carrying out retary shall enter into the contract required the United States District Court for the Dis- its duties under this section. by this subsection not later than 60 days trict of Columbia. (f) REPORT.—Not later than 12 months after after the date of the enactment of this Act. ‘‘(b) LIMITATIONS.—An action may be the date of the initial meeting of the advi- (d) DUTIES OF PANEL.—The advisory panel brought or maintained under this section if sory panel required by subsection (a), the ad- required by subsection (a) shall— the action is commenced, or a related action visory panel shall submit to the Secretary of (1) evaluate the authorities and capabili- was commenced under section 1605(a)(7) (be- Defense, and to the Committees on Armed ties of the Department of Defense to conduct fore the date of the enactment of this sec- Services of the Senate and the House of Rep- operations in support to United States civil tion) or section 589 of the Foreign Oper- resentatives, a report on activities under authorities in the event of a chemical, bio- ations, Export Financing, and Related Pro- this section. The report shall set forth— logical, radiological, nuclear, or high-yield grams Appropriations Act, 1997 (as contained (1) the findings, conclusions, and rec- explosive incident, including the authorities in section 101(c) of division A of Public Law ommendations of the advisory panel for im- and capabilities of the military departments, 104–208) not later than the latter of— proving the capabilities of the Department the Defense Agencies, the combatant com- ‘‘(1) 10 years after April 24, 1996; or of Defense to provide support to United mands, any supporting commands, and the ‘‘(2) 10 years after the date on which the States civil authorities in the event of a reserve components of the Armed Forces (in- cause of action arose. cluding the National Guard in a Federal and chemical, biological, radiological, nuclear, ‘‘(c) PRIVATE RIGHT OF ACTION.—A foreign non-Federal status); or high-yield explosive incident; and (2) such other findings, conclusions, and state that is or was a state sponsor of ter- (2) assess the adequacy of existing plans rorism as described in subsection (a)(2)(A)(i), and programs of the Department of Defense recommendations for improving the capabili- ties of the Department for homeland defense and any official, employee, or agent of that for training and equipping dedicated, special, foreign state while acting within the scope of and general purposes forces for conducting as the advisory panel considers appropriate. SEC. 1083. TERRORISM EXCEPTION TO IMMUNITY. his or her office, employment, or agency, operations described in paragraph (1) across shall be liable to— a broad spectrum of scenarios, including cur- (a) TERRORISM EXCEPTION TO IMMUNITY.— (1) IN GENERAL.—Chapter 97 of title 28, ‘‘(1) a national of the United States, rent National Planning Scenarios as applica- ‘‘(2) a member of the armed forces, ble; United States Code, is amended by inserting after section 1605 the following: ‘‘(3) an employee of the Government of the (3) assess policies, directives, and plans of United States, or of an individual performing ‘‘§ 1605A. Terrorism exception to the jurisdic- the Department of Defense in support of ci- a contract awarded by the United States tional immunity of a foreign state vilian authorities in managing the con- Government, acting within the scope of the sequences of a chemical, biological, radio- ‘‘(a) IN GENERAL.— employee’s employment, or logical, nuclear, or high-yield explosive inci- ‘‘(1) NO IMMUNITY.—A foreign state shall ‘‘(4) the legal representative of a person de- dent; not be immune from the jurisdiction of scribed in paragraph (1), (2), or (3), (4) assess the adequacy of policies and courts of the United States or of the States structures of the Department of Defense for in any case not otherwise covered by this for personal injury or death caused by acts coordination with other department and chapter in which money damages are sought described in subsection (a)(1) of that foreign agencies of the Federal Government, espe- against a foreign state for personal injury or state, or of an official, employee, or agent of cially the Department of Homeland Secu- death that was caused by an act of torture, that foreign state, for which the courts of rity, the Department of Energy, the Depart- extrajudicial killing, aircraft sabotage, hos- the United States may maintain jurisdiction ment of Justice, and the Department of tage taking, or the provision of material sup- under this section for money damages. In

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00150 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.065 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H177 any such action, damages may include eco- istration Act of 1979 (50 U.S.C. App. 2405(j)), construed to supersede the authority of a nomic damages, solatium, pain and suf- section 620A of the Foreign Assistance Act of court to prevent appropriately the impair- fering, and punitive damages. In any such ac- 1961 (22 U.S.C. 2371), section 40 of the Arms ment of an interest held by a person who is tion, a foreign state shall be vicariously lia- Export Control Act (22 U.S.C. 2780), or any not liable in the action giving rise to a judg- ble for the acts of its officials, employees, or other provision of law, is a government that ment in property subject to attachment in agents. has repeatedly provided support for acts of aid of execution, or execution, upon such ‘‘(d) ADDITIONAL DAMAGES.—After an ac- international terrorism; and judgment.’’. tion has been brought under subsection (c), ‘‘(7) the terms ‘torture’ and ‘extrajudicial (4) VICTIMS OF CRIME ACT.—Section actions may also be brought for reasonably killing’ have the meaning given those terms 1404C(a)(3) of the Victims of Crime Act of foreseeable property loss, whether insured or in section 3 of the Torture Victim Protection 1984 (42 U.S.C. 10603c(a)(3)) is amended by uninsured, third party liability, and loss Act of 1991 (28 U.S.C. 1350 note).’’. striking ‘‘December 21, 1988 with respect to claims under life and property insurance (2) AMENDMENT TO CHAPTER ANALYSIS.—The which an investigation or’’ and inserting policies, by reason of the same acts on which table of sections at the beginning of chapter ‘‘October 23, 1983, with respect to which an the action under subsection (c) is based. 97 of title 28, United States Code, is amended investigation or civil or criminal’’. ‘‘(e) SPECIAL MASTERS.— by inserting after the item relating to sec- (c) APPLICATION TO PENDING CASES.— ‘‘(1) IN GENERAL.—The courts of the United tion 1605 the following: States may appoint special masters to hear (1) IN GENERAL.—The amendments made by ‘‘1605A. Terrorism exception to the jurisdic- damage claims brought under this section. this section shall apply to any claim arising tional immunity of a foreign ‘‘(2) TRANSFER OF FUNDS.—The Attorney under section 1605A of title 28, United States state.’’. General shall transfer, from funds available Code. for the program under section 1404C of the (b) CONFORMING AMENDMENTS.— (2) PRIOR ACTIONS.— Victims of Crime Act of 1984 (42 U.S.C. (1) GENERAL EXCEPTION.—Section 1605 of (A) IN GENERAL.—With respect to any ac- 10603c), to the Administrator of the United title 28, United States Code, is amended— tion that— States district court in which any case is (A) in subsection (a)— (i) was brought under section 1605(a)(7) of pending which has been brought or main- (i) in paragraph (5)(B), by inserting ‘‘or’’ title 28, United States Code, or section 589 of tained under this section such funds as may after the semicolon; the Foreign Operations, Export Financing, be required to cover the costs of special mas- (ii) in paragraph (6)(D), by striking ‘‘; or’’ and Related Programs Appropriations Act, ters appointed under paragraph (1). Any and inserting a period; and 1997 (as contained in section 101(c) of division amount paid in compensation to any such (iii) by striking paragraph (7); A of Public Law 104–208), before the date of special master shall constitute an item of (B) by repealing subsections (e) and (f); and the enactment of this Act, court costs. (C) in subsection (g)(1)(A), by striking ‘‘but (ii) relied upon either such provision as ‘‘(f) APPEAL.—In an action brought under for subsection (a)(7)’’ and inserting ‘‘but for creating a cause of action, this section, appeals from orders not conclu- section 1605A’’. (iii) has been adversely affected on the sively ending the litigation may only be (2) COUNTERCLAIMS.—Section 1607(a) of title grounds that either or both of these provi- taken pursuant to section 1292(b) of this 28, United States Code, is amended by insert- sions fail to create a cause of action against title. ing ‘‘or 1605A’’ after ‘‘1605’’. the state, and ‘‘(g) PROPERTY DISPOSITION.— (3) PROPERTY.—Section 1610 of title 28, (iv) as of such date of enactment, is before ‘‘(1) IN GENERAL.—In every action filed in a United States Code, is amended— the courts in any form, including on appeal United States district court in which juris- (A) in subsection (a)(7), by striking or motion under rule 60(b) of the Federal diction is alleged under this section, the fil- ‘‘1605(a)(7)’’ and inserting ‘‘1605A’’; Rules of Civil Procedure, ing of a notice of pending action pursuant to (B) in subsection (b)(2), by striking ‘‘(5), or this section, to which is attached a copy of (7), or 1605(b)’’ and inserting ‘‘or (5), 1605(b), that action, and any judgment in the action the complaint filed in the action, shall have or 1605A’’; shall, on motion made by plaintiffs to the the effect of establishing a lien of lis pendens (C) in subsection (f), in paragraphs (1)(A) United States district court where the action upon any real property or tangible personal and (2)(A), by inserting ‘‘(as in effect before was initially brought, or judgment in the ac- property that is— the enactment of section 1605A) or section tion was initially entered, be given effect as ‘‘(A) subject to attachment in aid of execu- 1605A’’ after ‘‘1605(a)(7)’’; and if the action had originally been filed under tion, or execution, under section 1610; (D) by adding at the end the following: section 1605A(c) of title 28, United States ‘‘(B) located within that judicial district; ‘‘(g) PROPERTY IN CERTAIN ACTIONS.— Code. and ‘‘(1) IN GENERAL.—Subject to paragraph (3), (B) DEFENSES WAIVED.—The defenses of res ‘‘(C) titled in the name of any defendant, the property of a foreign state against which judicata, collateral estoppel, and limitation or titled in the name of any entity con- a judgment is entered under section 1605A, period are waived— trolled by any defendant if such notice con- and the property of an agency or instrumen- (i) in any action with respect to which a tains a statement listing such controlled en- tality of such a state, including property motion is made under subparagraph (A), or tity. that is a separate juridical entity or is an in- (ii) in any action that was originally ‘‘(2) NOTICE.—A notice of pending action terest held directly or indirectly in a sepa- brought, before the date of the enactment of pursuant to this section shall be filed by the rate juridical entity, is subject to attach- this Act, under section 1605(a)(7) of title 28, clerk of the district court in the same man- ment in aid of execution, and execution, United States Code, or section 589 of the For- ner as any pending action and shall be in- upon that judgment as provided in this sec- eign Operations, Export Financing, and Re- dexed by listing as defendants all named de- tion, regardless of— lated Programs Appropriations Act, 1997 (as fendants and all entities listed as controlled ‘‘(A) the level of economic control over the contained in section 101(c) of division A of by any defendant. property by the government of the foreign Public Law 104–208), and is refiled under sec- ‘‘(3) ENFORCEABILITY.—Liens established by state; tion 1605A(c) of title 28, United States Code, reason of this subsection shall be enforceable ‘‘(B) whether the profits of the property go to the extent such defenses are based on the as provided in chapter 111 of this title. to that government; claim in the action. ‘‘(h) DEFINITIONS.—For purposes of this sec- ‘‘(C) the degree to which officials of that (C) TIME LIMITATIONS.—A motion may be tion— government manage the property or other- made or an action may be refiled under sub- ‘‘(1) the term ‘aircraft sabotage’ has the wise control its daily affairs; paragraph (A) only— meaning given that term in Article 1 of the ‘‘(D) whether that government is the sole (i) if the original action was commenced Convention for the Suppression of Unlawful beneficiary in interest of the property; or not later than the latter of— Acts Against the Safety of Civil Aviation; ‘‘(E) whether establishing the property as a (I) 10 years after April 24, 1996; or ‘‘(2) the term ‘hostage taking’ has the separate entity would entitle the foreign (II) 10 years after the cause of action arose; meaning given that term in Article 1 of the state to benefits in United States courts and International Convention Against the Tak- while avoiding its obligations. (ii) within the 60-day period beginning on ing of Hostages; ‘‘(2) UNITED STATES SOVEREIGN IMMUNITY IN- the date of the enactment of this Act. ‘‘(3) the term ‘material support or re- APPLICABLE.—Any property of a foreign (3) RELATED ACTIONS.—If an action arising sources’ has the meaning given that term in state, or agency or instrumentality of a for- out of an act or incident has been timely section 2339A of title 18; eign state, to which paragraph (1) applies commenced under section 1605(a)(7) of title ‘‘(4) the term ‘armed forces’ has the mean- shall not be immune from attachment in aid 28, United States Code, or section 589 of the ing given that term in section 101 of title 10; of execution, or execution, upon a judgment Foreign Operations, Export Financing, and ‘‘(5) the term ‘national of the United entered under section 1605A because the Related Programs Appropriations Act, 1997 States’ has the meaning given that term in property is regulated by the United States (as contained in section 101(c) of division A section 101(a)(22) of the Immigration and Na- Government by reason of action taken of Public Law 104–208), any other action aris- tionality Act (8 U.S.C. 1101(a)(22)); against that foreign state under the Trading ing out of the same act or incident may be ‘‘(6) the term ‘state sponsor of terrorism’ With the Enemy Act or the International brought under section 1605A of title 28, means a country the government of which Emergency Economic Powers Act. United States Code, if the action is com- the Secretary of State has determined, for ‘‘(3) THIRD-PARTY JOINT PROPERTY HOLD- menced not later than the latter of 60 days purposes of section 6(j) of the Export Admin- ERS.—Nothing in this subsection shall be after—

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00151 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.065 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H178 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (A) the date of the entry of judgment in Sec. 1103. Transportation of dependents, (2) by inserting after subsection (c) the fol- the original action; or household effects, and personal lowing: (B) the date of the enactment of this Act. property to former home fol- ‘‘(d)(1) An employee who enters on ap- (4) PRESERVING THE JURISDICTION OF THE lowing death of Federal em- proved leave without pay in the cir- COURTS.—Nothing in section 1503 of the ployee where death resulted cumstances described in paragraph (2) may Emergency Wartime Supplemental Appro- from disease or injury incurred elect to have such employee’s life insurance priations Act, 2003 (Public Law 108–11, 117 in the Central Command area of continue (beyond the end of the 12 months of Stat. 579) has ever authorized, directly or in- responsibility. coverage provided for under subsection (a)) Sec. 1104. Special benefits for civilian em- directly, the making inapplicable of any pro- for an additional 12 months and arrange to ployees assigned on deployment pay currently into the Employees’ Life In- vision of chapter 97 of title 28, United States temporary change of station. surance Fund, through such employee’s em- Code, or the removal of the jurisdiction of Sec. 1105. Death gratuity authorized for Fed- ploying agency, both employee and agency any court of the United States. eral employees. contributions, from the beginning of that ad- (d) APPLICABILITY TO IRAQ.— Sec. 1106. Modifications to the National Se- ditional 12 months of coverage. The employ- (1) APPLICABILITY.—The President may curity Personnel System. ing agency shall forward the premium pay- Sec. 1107. Requirement for full implementa- waive any provision of this section with re- ments to the Fund. If the employee does not tion of personnel demonstra- spect to Iraq, insofar as that provision may, so elect, such employee’s insurance will con- tion project. tinue during nonpay status and stop as pro- in the President’s determination, affect Iraq Sec. 1108. Authority for inclusion of certain vided by subsection (a). An individual mak- or any agency or instrumentality thereof, if Office of Defense Research and ing an election under this subsection may the President determines that— Engineering positions in experi- cancel that election at any time, in which (A) the waiver is in the national security mental personnel program for case such employee’s insurance will stop as interest of the United States; scientific and technical per- provided by subsection (a) or upon receipt of (B) the waiver will promote the reconstruc- sonnel. notice of cancellation, whichever is later. tion of, the consolidation of democracy in, Sec. 1109. Pilot program for the temporary ‘‘(2) This subsection applies in the case of and the relations of the United States with, assignment of information any employee who— Iraq; and technology personnel to private ‘‘(A) is a member of a reserve component of (C) Iraq continues to be a reliable ally of sector organizations. Sec. 1110. Compensation for Federal wage the armed forces called or ordered to active the United States and partner in combating duty under a call or order that does not acts of international terrorism. system employees for certain travel hours. specify a period of 30 days or less; and (2) TEMPORAL SCOPE.—The authority under Sec. 1111. Travel compensation for wage ‘‘(B) enters on approved leave without pay paragraph (1) shall apply— grade personnel. to perform active duty pursuant to such call (A) with respect to any conduct or event Sec. 1112. Accumulation of annual leave by or order.’’. occurring before or on the date of the enact- senior level employees. SEC. 1103. TRANSPORTATION OF DEPENDENTS, ment of this Act; Sec. 1113. Uniform allowances for civilian HOUSEHOLD EFFECTS, AND PER- (B) with respect to any conduct or event employees. SONAL PROPERTY TO FORMER occurring before or on the date of the exer- Sec. 1114. Flexibility in setting pay for em- HOME FOLLOWING DEATH OF FED- cise of that authority; and ployees who move from a De- ERAL EMPLOYEE WHERE DEATH RE- partment of Defense or Coast SULTED FROM DISEASE OR INJURY (C) regardless of whether, or the extent to INCURRED IN THE CENTRAL COM- which, the exercise of that authority affects Guard nonappropriated fund in- MAND AREA OF RESPONSIBILITY. strumentality position to a po- any action filed before, on, or after the date (a) IN GENERAL.—Paragraph (2) of section sition in the General Schedule of the exercise of that authority or of the en- 5742(b) of title 5, United States Code, is pay system. actment of this Act. Sec. 1115. Retirement service credit for serv- amended to read as follows: (3) NOTIFICATION TO CONGRESS.—A waiver ice as cadet or midshipman at a ‘‘(2) the expense of transporting his de- by the President under paragraph (1) shall military service academy. pendents, including expenses of packing, cease to be effective 30 days after it is made Sec. 1116. Authorization for increased com- crating, draying, and transporting household unless the President has notified Congress in pensation for faculty and staff effects and other personal property to his writing of the basis for the waiver as deter- of the Uniformed Services Uni- former home or such other place as is deter- mined by the President under paragraph (1). versity of the Health Sciences. mined by the head of the agency concerned, (4) SENSE OF CONGRESS.—It is the sense of Sec. 1117. Report on establishment of a if— the Congress that the President, acting scholarship program for civil- ‘‘(A) the employee died while performing through the Secretary of State, should work ian mental health profes- official duties outside the continental United States or in transit thereto or therefrom; or with the Government of Iraq on a state-to- sionals. ‘‘(B) in the case of an employee who was a state basis to ensure compensation for any SEC. 1101. EXTENSION OF AUTHORITY TO WAIVE party to a mandatory mobility agreement meritorious claims based on terrorist acts ANNUAL LIMITATION ON TOTAL COMPENSATION PAID TO FEDERAL that was in effect when the employee died— committed by the Saddam Hussein regime CIVILIAN EMPLOYEES WORKING ‘‘(i) the employee died in the cir- against individuals who were United States OVERSEAS UNDER AREAS OF cumstances described in subparagraph (A); or nationals or members of the United States UNITED STATES CENTRAL COM- ‘‘(ii)(I) the employee died as a result of dis- MAND. Armed Forces at the time of those terrorist ease or injury incurred while performing of- acts and whose claims cannot be addressed in (a) EXTENSION.—Section 1105 of the Na- tional Defense Authorization Act for Fiscal ficial duties— courts in the United States due to the exer- Year 2006 (Public Law 109–163; 119 Stat. 3450), ‘‘(aa) in an overseas location that, at the cise of the waiver authority under paragraph as amended by section 1105 of the John War- time such employee was performing such of- (1). ner National Defense Authorization Act for ficial duties, was within the area of responsi- (e) SEVERABILITY.—If any provision of this Fiscal Year 2007 (Public Law 109–364; 120 bility of the Commander of the United section or the amendments made by this sec- Stat. 2409), is amended— States Central Command; and ‘‘(bb) in direct support of or directly re- tion, or the application of such provision to (1) in subsection (a)— lated to a military operation, including a any person or circumstance, is held invalid, (A) by striking ‘‘and 2007’’ and inserting ‘‘, 2007, and 2008’’; and contingency operation (as defined in section the remainder of this section and such (B) by striking ‘‘Code).’’ and inserting 101(13) of title 10) or an operation in response amendments, and the application of such ‘‘Code) or, during 2008, a military operation to an emergency declared by the President; provision to other persons not similarly situ- (including a contingency operation, as so de- and ated or to other circumstances, shall not be fined) or an operation in response to an ‘‘(II) the employee’s dependents were resid- affected by such invalidation. emergency declared by the President.’’; and ing either outside the continental United (2) in subsection (b), by striking ‘‘2007.’’ States or within the continental United TITLE XI—CIVILIAN PERSONNEL and inserting ‘‘2007 or 2008.’’. States when the employee died; and’’. MATTERS (b) RETROACTIVE EFFECTIVE DATE.—The (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with re- Sec. 1101. Extension of authority to waive amendments made by subsection (a) shall spect to deaths occurring on or after the annual limitation on total com- take effect as of December 31, 2007. date of the enactment of this Act. pensation paid to Federal civil- SEC. 1102. CONTINUATION OF LIFE INSURANCE ian employees working overseas COVERAGE FOR FEDERAL EMPLOY- SEC. 1104. SPECIAL BENEFITS FOR CIVILIAN EM- EES CALLED TO ACTIVE DUTY. under areas of United States PLOYEES ASSIGNED ON DEPLOY- Section 8706 of title 5, United States Code, MENT TEMPORARY CHANGE OF STA- Central Command. is amended— TION. Sec. 1102. Continuation of life insurance cov- (1) by redesignating subsections (d) (a) AUTHORITY.—Subchapter II of chapter erage for Federal employees through (g) as subsections (e) through (h), re- 57 of title 5, United States Code, is amended called to active duty. spectively; and by inserting after section 5737 the following:

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‘‘§ 5737a. Employees temporarily deployed in ror, and Hurricane Recovery, 2006, or any (b) CLERICAL AMENDMENT.—The table of contingency operations other law of the United States based on the sections at the beginning of chapter 81 of ‘‘(a) DEFINITIONS.—For purposes of this sec- same death. such title is amended by inserting after the tion— ‘‘(d) ELIGIBLE SURVIVORS.— item relating to section 8102 the following: ‘‘(1) Subject to paragraph (5), a death gra- ‘‘(1) the term ‘covered employee’ means an ‘‘8102a. Death gratuity for injuries incurred tuity payable upon the death of a person cov- individual who— in connection with employee’s ered by subsection (a) shall be paid to or for ‘‘(A) is an employee of an Executive agency service with an Armed Force.’’. or a military department, excluding a Gov- the living survivor highest on the following ernment controlled corporation; and list: SEC. 1106. MODIFICATIONS TO THE NATIONAL SE- ‘‘(B) is assigned on a temporary change of ‘‘(A) The employee’s surviving spouse. CURITY PERSONNEL SYSTEM. station in support of a contingency oper- ‘‘(B) The employee’s children, as prescribed (a) IN GENERAL.—Section 9902 of title 5, ation; by paragraph (2), in equal shares. United States Code, is amended to read as ‘‘(2) the term ‘temporary change of sta- ‘‘(C) If designated by the employee, any follows: tion’, as used with respect to an employee, one or more of the following persons: ‘‘(i) The employee’s parents or persons in ‘‘§ 9902. Establishment of human resources means an assignment— management system ‘‘(A) from the employee’s official duty sta- loco parentis, as prescribed by paragraph (3). tion to a temporary duty station; and ‘‘(ii) The employee’s brothers. ‘‘(a) IN GENERAL.—The Secretary may, in ‘‘(B) for which such employee is eligible for ‘‘(iii) The employee’s sisters. regulations prescribed jointly with the Di- expenses under section 5737; and ‘‘(D) The employee’s parents or persons in rector, establish, and from time to time ad- ‘‘(3) the term ‘contingency operation’ has loco parentis, as prescribed by paragraph (3), just, a human resources management system the meaning given such term by section in equal shares. for some or all of the organizational or func- 1482a(c) of title 10. ‘‘(E) The employee’s brothers and sisters in tional units of the Department of Defense. ‘‘(b) QUARTERS AND RATIONS.—The head of equal shares. The human resources management system an agency may provide quarters and rations, Subparagraphs (C) and (E) of this paragraph established under authority of this section without charge, to any covered employee of include brothers and sisters of the half blood shall be referred to as the ‘National Security such agency during the period of such em- and those through adoption. Personnel System’. ployee’s temporary assignment (as described ‘‘(2) Paragraph (1)(B) applies, without re- ‘‘(b) SYSTEM REQUIREMENTS.—Any system in subsection (a)(1)(B)). gard to age or marital status, to— established under subsection (a) shall— ‘‘(c) STORAGE OF MOTOR VEHICLE.—The ‘‘(A) legitimate children; ‘‘(1) be flexible; head of an agency may provide for the stor- ‘‘(B) adopted children; ‘‘(2) be contemporary; age, without charge, or for the reimburse- ‘‘(C) stepchildren who were a part of the ‘‘(3) not waive, modify, or otherwise af- ment of the cost of storage, of a motor vehi- decedent’s household at the time of death; fect— cle that is owned or leased by a covered em- ‘‘(D) illegitimate children of a female dece- ‘‘(A) the public employment principles of ployee of such agency (or by a dependent of dent; and merit and fitness set forth in section 2301, in- such an employee) and that is for the per- ‘‘(E) illegitimate children of a male dece- cluding the principles of hiring based on sonal use of the covered employee. This sub- dent— merit, fair treatment without regard to po- section shall apply— ‘‘(i) who have been acknowledged in writ- litical affiliation or other nonmerit consider- ‘‘(1) with respect to storage during the pe- ing signed by the decedent; ations, equal pay for equal work, and protec- riod of the employee’s temporary assignment ‘‘(ii) who have been judicially determined, tion of employees against reprisal for whis- (as described in subsection (a)(1)(B)); and before the decedent’s death, to be his chil- tleblowing; ‘‘(2) in the case of a covered employee, with dren; ‘‘(B) any provision of section 2302, relating respect to not more than one motor vehicle ‘‘(iii) who have been otherwise proved, by to prohibited personnel practices; as of any given time. evidence satisfactory to the employing agen- ‘‘(C)(i) any provision of law referred to in ‘‘(d) RELATIONSHIP TO OTHER BENEFITS.— cy, to be children of the decedent; or section 2302(b)(1), (8), and (9); or Any benefits under this section shall be in ‘‘(iv) to whose support the decedent had ‘‘(ii) any provision of law implementing addition to (and not in lieu of) any other been judicially ordered to contribute. any provision of law referred to in section benefits for which the covered employee is ‘‘(3) Subparagraphs (C) and (D) of para- 2302(b)(1), (8), and (9) by— otherwise eligible.’’. graph (1), so far as they apply to parents and ‘‘(I) providing for equal employment oppor- (b) CLERICAL AMENDMENT.—The table of persons in loco parentis, include fathers and tunity through affirmative action; or sections for chapter 57 of such title is amend- mothers through adoption, and persons who ‘‘(II) providing any right or remedy avail- ed by inserting after the item relating to stood in loco parentis to the decedent for a able to any employee or applicant for em- section 5737 the following: period of not less than one year at any time ployment in the public service; ‘‘5737a. Employees temporarily deployed in before the decedent became an employee. ‘‘(D) any other provision of this part (as contingency operations.’’. However, only one father and one mother, or described in subsection (d)); or SEC. 1105. DEATH GRATUITY AUTHORIZED FOR their counterparts in loco parentis, may be ‘‘(E) any rule or regulation prescribed FEDERAL EMPLOYEES. recognized in any case, and preference shall under any provision of law referred to in this (a) DEATH GRATUITY AUTHORIZED.—Chapter be given to those who exercised a parental paragraph; 81 of title 5, United States Code, is amended relationship on the date, or most nearly be- ‘‘(4) not apply to any prevailing rate em- by inserting after section 8102 the following: fore the date, on which the decedent became ployees, as defined in section 5342(a)(2); ‘‘§ 8102a. Death gratuity for injuries incurred an employee. ‘‘(5) ensure that employees may organize, in connection with employee’s service with ‘‘(4) Beginning on the date of the enact- bargain collectively, and participate through an Armed Force ment of this paragraph, a person covered by labor organizations of their own choosing in ‘‘(a) DEATH GRATUITY AUTHORIZED.—The this section may designate another person to decisions which affect them, subject to any United States shall pay a death gratuity of receive not more than 50 percent of the exclusion from coverage or limitation on ne- up to $100,000 to or for the survivor pre- amount payable under this section. The des- gotiability established pursuant to law; scribed by subsection (d) immediately upon ignation shall indicate the percentage of the ‘‘(6) not be limited by any specific law or receiving official notification of the death of amount, to be specified only in 10 percent in- authority under this title, or by any rule or an employee who dies of injuries incurred in crements up to the maximum of 50 percent, regulation prescribed under this title, that is connection with the employee’s service with that the designated person may receive. The waived in regulations prescribed under this an Armed Force in a contingency operation. balance of the amount of the death gratuity chapter, subject to paragraph (3); and ‘‘(b) RETROACTIVE PAYMENT IN CERTAIN shall be paid to or for the living survivors of ‘‘(7) include a performance management CASES.—At the discretion of the Secretary the person concerned in accordance with sub- system that incorporates the following ele- concerned, subsection (a) may apply in the paragraphs (A) through (E) of paragraph (1). ments: case of an employee who died, on or after Oc- ‘‘(5) If a person entitled to all or a portion ‘‘(A) Adherence to merit principles set tober 7, 2001, and before the date of enact- of a death gratuity under paragraph (1) or (4) forth in section 2301. ment of this section, as a result of injuries dies before the person receives the death gra- ‘‘(B) A fair, credible, and transparent em- incurred in connection with the employee’s tuity, it shall be paid to the living survivor ployee performance appraisal system. service with an Armed Force in the theater next in the order prescribed by paragraph (1). ‘‘(C) A link between the performance man- of operations of Operation Enduring Free- ‘‘(e) DEFINITIONS.—(1) The term ‘contin- agement system and the agency’s strategic dom or Operation Iraqi Freedom. gency operation’ has the meaning given to plan. ‘‘(c) RELATIONSHIP TO OTHER BENEFITS.— that term in section 1482a(c) of title 10, ‘‘(D) A means for ensuring employee in- The death gratuity payable under this sec- United States Code. volvement in the design and implementation tion shall be reduced by the amount of any ‘‘(2) The term ‘employee’ has the meaning of the system. death gratuity provided under section 413 of provided in section 8101 of this title, but also ‘‘(E) Adequate training and retraining for the Foreign Service Act of 1980, section 1603 includes a nonappropriated fund instrumen- supervisors, managers, and employees in the of the Emergency Supplemental Appropria- tality employee, as defined in section implementation and operation of the per- tions Act for Defense, the Global War on Ter- 1587(a)(1) of title 10.’’. formance management system.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00153 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.066 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H180 CONGRESSIONAL RECORD — HOUSE January 16, 2008 ‘‘(F) A process for ensuring ongoing per- functional unit of the Department of Defense priate arrangements of paragraphs (2) and (3) formance feedback and dialogue between su- that is included in the National Security of section 7106(b), except that nothing in this pervisors, managers, and employees through- Personnel System shall not be less than the paragraph shall be construed to eliminate out the appraisal period, and setting time- amount that would have been allocated for the bargaining rights of any category of em- tables for review. compensation of such employees for such fis- ployees who were authorized to negotiate ‘‘(G) Effective safeguards to ensure that cal year if they had not been converted to rates of pay as of the day before the date of the management of the system is fair and eq- the National Security Personnel System, the enactment of the National Defense Au- uitable and based on employee performance. based on, at a minimum— thorization Act for Fiscal Year 2004. ‘‘(H) A means for ensuring that adequate ‘‘(A) the number and mix of employees in ‘‘(f) PROVISIONS REGARDING NATIONAL agency resources are allocated for the de- such organizational or functional unit prior LEVEL BARGAINING.— sign, implementation, and administration of to the conversion of such employees to the ‘‘(1) The Secretary may bargain with a the performance management system. National Security Personnel System; and labor organization which has been accorded ‘‘(I) A pay-for-performance evaluation sys- ‘‘(B) adjusted for normal step increases and exclusive recognition under chapter 71 at an tem to better link individual pay to perform- rates of promotion that would have been ex- organizational level above the level of exclu- ance, and provide an equitable method for pected, had such employees remained in sive recognition. The decision to bargain appraising and compensating employees. their previous pay schedule. above the level of exclusive recognition shall ‘‘(c) PERSONNEL MANAGEMENT AT DEFENSE ‘‘(5) To the maximum extent practicable, not be subject to review. The Secretary shall LABORATORIES.— the regulations implementing the National consult with the labor organization before ‘‘(1) The National Security Personnel Sys- Security Personnel System shall provide a determining the appropriate organizational tem shall not apply with respect to a labora- formula for calculating the overall amount level of bargaining. tory under paragraph (2) before October 1, to be allocated for fiscal years after fiscal ‘‘(2) Any such bargaining shall— 2011, and shall apply on or after October 1, year 2012 for compensation of the civilian ‘‘(A) address issues that are— 2011, only to the extent that the Secretary employees of an organization or functional ‘‘(i) subject to bargaining under chapter 71 determines that the flexibilities provided by unit of the Department of Defense that is in- and this chapter; the National Security Personnel System are cluded in the National Security Personnel ‘‘(ii) applicable to multiple bargaining greater than the flexibilities provided to System. The formula shall ensure that in the units; and those laboratories pursuant to section 342 of aggregate, employees are not disadvantaged ‘‘(iii) raised by either party to the bar- the National Defense Authorization Act for gaining; in terms of the overall amount of pay avail- Fiscal Year 1995 (Public Law 103–337; 108 ‘‘(B) except as agreed by the parties or di- able as a result of conversion to the National Stat. 2721) and section 1101 of the Strom rected through an independent dispute reso- Security Personnel System, while providing Thurmond National Defense Authorization lution process agreed upon by the parties, be flexibility to accommodate changes in the Act for Fiscal Year 1999 (5 U.S.C. 3104 note), binding on all affected subordinate bar- function of the organization, changes in the respectively. gaining units of the labor organization at mix of employees performing those func- ‘‘(2) The laboratories to which this sub- the level of recognition and their exclusive tions, and other changed circumstances that section applies are— representatives, and the Department of De- might impact pay levels. ‘‘(A) the Aviation and Missile Research De- fense and its subcomponents, without regard ‘‘(6) Amounts allocated for compensation velopment and Engineering Center; to levels of recognition; of civilian employees of the Department of ‘‘(B) the Army Research Laboratory; ‘‘(C) to the extent agreed by the parties or Defense pursuant to paragraphs (4) and (5) ‘‘(C) the Medical Research and Materiel directed through an independent dispute res- shall be available only for the purpose of pro- Command; olution process agreed upon by the parties, viding such compensation. ‘‘(D) the Engineer Research and Develop- supersede conflicting provisions of all other ‘‘(7) At the time of any annual adjustment ment Command; collective bargaining agreements of the to pay schedules pursuant to section 5303, ‘‘(E) the Communications-Electronics labor organization, including collective bar- the rate of basic pay for each employee of an Command; gaining agreements negotiated with an ex- organizational or functional unit of the De- ‘‘(F) the Soldier and Biological Chemical clusive representative at the level of rec- partment of Defense that is included in the Command; ognition; and National Security Personnel System who re- ‘‘(G) the Naval Sea Systems Command ‘‘(D) except as agreed by the parties or di- ceives a performance rating above unaccept- Centers; rected through an independent dispute reso- able or who does not have a current rating of ‘‘(H) the Naval Research Laboratory; lution process agreed upon by the parties, record for the most recently completed ap- ‘‘(I) the Office of Naval Research; and not be subject to further negotiations for praisal period shall be adjusted by no less ‘‘(J) the Air Force Research Laboratory. any purpose, including bargaining at the than 60 percent of the amount of such adjust- ‘‘(d) OTHER NONWAIVABLE PROVISIONS.—The level of recognition. other provisions of this part referred to in ment. The balance of the amount that would ‘‘(3) Any independent dispute resolution subsection (b)(3)(D) are— have been available for an annual adjust- process agreed to by the parties for the pur- ‘‘(1) subparts A, B, E, G, and H of this part; ment under section 5303 shall be allocated to poses of paragraph (2) shall have the author- and pay pool funding, for the purpose of increas- ity to address all issues on which the parties ‘‘(2) chapters 41, 45, 47, 55 (except sub- ing rates of pay on the basis of employee per- are unable to reach agreement. chapter V thereof, apart from section 5545b), formance. ‘‘(4) The National Guard Bureau and the 57, 59, 71, 72, 73, 75, 77, and 79, and this chap- ‘‘(8) Each employee of an organizational or Army and Air Force National Guard may be ter. functional unit of the Department of Defense included in coverage under this subsection. ‘‘(e) LIMITATIONS RELATING TO PAY.— that is included in the National Security ‘‘(5) Any bargaining completed pursuant to ‘‘(1) Nothing in this section shall con- Personnel System who receives a perform- this subsection with a labor organization not stitute authority to modify the pay of any ance rating above unacceptable or who does otherwise having national consultation employee who serves in an Executive Sched- not have a current rating of record for the rights with the Department of Defense or its ule position under subchapter II of chapter most recently completed appraisal period subcomponents shall not create any obliga- 53. shall receive— tion on the Department of Defense or its sub- ‘‘(2) Except as provided for in paragraph ‘‘(A) locality-based comparability pay- components to confer national consultation (1), the total amount in a calendar year of al- ments under section 5304 and section 5304a in rights on such a labor organization. lowances, differentials, bonuses, awards, or the same manner and to the same extent as ‘‘(g) PROVISIONS RELATED TO SEPARATION other similar cash payments paid under this employees under the General Schedule; or AND RETIREMENT INCENTIVES.— title to any employee who is paid under sec- ‘‘(B) the full measure of any other local ‘‘(1) The Secretary may establish a pro- tion 5376 or 5383 or under title 10 or under market supplement applicable to the em- gram within the Department of Defense other comparable pay authority established ployee if locality-based comparability pay- under which employees may be eligible for for payment of Department of Defense senior ments referred to in subparagraph (A) are early retirement, offered separation incen- executive or equivalent employees may not not generally applicable to the employee. tive pay to separate from service volun- exceed the total annual compensation pay- Nothing in this paragraph shall be construed tarily, or both. This authority may be used able to the Vice President under section 104 to make locality-based comparability pay- to reduce the number of personnel employed of title 3. ments or other local market supplements by the Department of Defense or to restruc- ‘‘(3) To the maximum extent practicable, payable to any category of employees or po- ture the workforce to meet mission objec- the rates of compensation for civilian em- sitions which were ineligible for such pay- tives without reducing the overall number of ployees at the Department of Defense shall ments or supplements (as the case may be) personnel. This authority is in addition to, be adjusted at the same rate, and in the as of the day before the date of the enact- and notwithstanding, any other authorities same proportion, as are rates of compensa- ment of the National Defense Authorization established by law or regulation for such tion for members of the uniformed services. Act for Fiscal Year 2004. programs. ‘‘(4) To the maximum extent practicable, ‘‘(9) Any rate of pay established or ad- ‘‘(2)(A) The Secretary may not authorize for fiscal years 2004 through 2012, the overall justed in accordance with the requirements the payment of voluntary separation incen- amount allocated for compensation of the ci- of this section shall be non-negotiable, but tive pay under paragraph (1) to more than vilian employees of an organizational or shall be subject to procedures and appro- 25,000 employees in any fiscal year, except

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00154 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.066 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H181 that employees who receive voluntary sepa- contract with the United States within 5 ‘‘(B) the methods of assigning, reassigning, ration incentive pay as a result of a closure years after the date of the separation on detailing, transferring, or promoting em- or realignment of a military installation which payment of the separation pay is ployees. under the Defense Base Closure and Realign- based, shall be required to repay the entire ‘‘(2) In implementing this subsection, the ment Act of 1990 (title XXIX of Public Law amount of the separation pay to the Depart- Secretary shall comply with the provisions 101–510; 10 U.S.C. 2687 note) shall not be in- ment of Defense. If the employment is with of section 2302(b)(11), regarding veterans’ cluded in that number. an Executive agency (as defined by section preference requirements, as provided for in ‘‘(B) The Secretary shall prepare a report 105) other than the Department of Defense, subsection (b)(3). each fiscal year setting forth the number of the Director may, at the request of the head ‘‘(j) PHASE-IN.—The Secretary may not, in employees who received such pay as a result of that agency, waive the repayment if the any calendar year, add any organizational or of a closure or realignment of a military individual involved possesses unique abilities functional unit to the National Security Per- base as described under subparagraph (A). and is the only qualified applicant available sonnel System which would cause the total ‘‘(C) The Secretary shall submit the report for the position. If the employment is within number of employees added to such System under subparagraph (B) to the Committee on the Department of Defense, the Secretary in such year to exceed 100,000.’’. Armed Services and the Committee on Gov- may waive the repayment if the individual (b) IMPLEMENTATION.— ernmental Affairs of the Senate, and the involved is the only qualified applicant (1) The requirements of section 9902 of title Committee on Armed Services and the Com- available for the position. If the employment 5, United States Code, as amended by this mittee on Government Reform of the House is with an entity in the legislative branch, section, may be implemented through rules of Representatives. the head of the entity or the appointing offi- promulgated jointly by the Secretary of De- ‘‘(3) For purposes of this section, the term cial may waive the repayment if the indi- fense and the Director of the Office of Per- ‘employee’ means an employee of the De- vidual involved possesses unique abilities sonnel Management after notice and oppor- partment of Defense, serving under an ap- and is the only qualified applicant available tunity for public comment or through De- pointment without time limitation, except for the position. If the employment is with partment of Defense rules or internal agency that such term does not include— the judicial branch, the Director of the Ad- implementing issuances. Rules promulgated ‘‘(A) a reemployed annuitant under sub- ministrative Office of the United States jointly by the Secretary and the Director chapter III of chapter 83 or chapter 84, or an- Courts may waive the repayment if the indi- under this paragraph shall be treated as other retirement system for employees of vidual involved possesses unique abilities major rules for the purposes of section 801 of the Federal Government; and is the only qualified applicant available title 5, United States Code. ‘‘(B) an employee having a disability on for the position. (2) Both rules and implementing issuances the basis of which such employee is or would ‘‘(7) Under this program, early retirement shall be subject to collective bargaining con- be eligible for disability retirement under and separation pay may be offered only pur- sistent with the requirements of chapter 71 any of the retirement systems referred to in suant to regulations established by the Sec- of title 5, United States Code. Rules promul- subparagraph (A); or retary, subject to such limitations or condi- gated jointly by the Secretary of Defense ‘‘(C) for purposes of eligibility for separa- tions as the Secretary may require. and the Director of the Office of Personnel tion incentives under this section, an em- ‘‘(h) PROVISIONS RELATING TO REEMPLOY- Management after notice and opportunity ployee who is in receipt of a decision notice MENT.— for public comment and in accordance with of involuntary separation for misconduct or ‘‘(1) Except as provided under paragraph the requirements of section 801 of such title unacceptable performance. (2), if an annuitant receiving an annuity 5 for a major rule shall be treated in the ‘‘(4) An employee who is at least 50 years of from the Civil Service Retirement and Dis- same manner as government-wide rules for age and has completed 20 years of service, or ability Fund becomes employed in a position the purpose of such collective bargaining, if has at least 25 years of service, may, pursu- within the Department of Defense, his annu- such rules are uniformly applicable to all or- ant to regulations promulgated under this ity shall continue. An annuitant so reem- ganizational or functional units included in section, apply and be retired from the De- ployed shall not be considered an employee the National Security Personnel System. partment of Defense and receive benefits in for purposes of subchapter III of chapter 83 (3) Any rules and implementing issuances accordance with chapter 83 or 84 if the em- or chapter 84. that were adopted prior to the date of the en- ployee has been employed continuously with- ‘‘(2)(A) An annuitant retired under section actment of this Act— in the Department of Defense for more than 8336(d)(1) or 8414(b)(1)(A) receiving an annu- (A) shall be invalid to the extent that they 30 days before the date on which the deter- ity from the Civil Service Retirement and are inconsistent with the requirements of mination to conduct a reduction or restruc- Disability Fund, who becomes employed in a section 9902 of title 5, United States Code, as turing within 1 or more Department of De- position within the Department of Defense amended by this section; fense components is approved. after the date of enactment of the National (B) shall not supersede a collective bar- ‘‘(5)(A) Separation pay shall be paid in a Defense Authorization Act for Fiscal Year gaining agreement that was in place prior to lump sum or in installments and shall be 2004 (Public Law 108–136), may elect to be the date on which the rule or implementing equal to the lesser of — subject to section 8344 or 8468 (as the case issuance was promulgated; and ‘‘(i) an amount equal to the amount the may be). (C) shall be subject to collective bar- employee would be entitled to receive under ‘‘(B) An election for coverage under this gaining— section 5595(c), if the employee were entitled paragraph shall be filed not later than the (i) in the case of rules which are uniformly to payment under such section; or later of 90 days after the date the Depart- applicable to all organizational or functional ‘‘(ii) $25,000. ment of Defense— units included in the National Security Per- ‘‘(B) Separation pay shall not be a basis for ‘‘(i) prescribes regulations to carry out this sonnel System and issued jointly by the Sec- payment, and shall not be included in the subsection; or retary of Defense and the Director of the Of- computation, of any other type of Govern- ‘‘(ii) takes reasonable actions to notify em- fice of Personnel Management pursuant to ment benefit. Separation pay shall not be ployees who may file an election. subsection 9902(f)(1) of title 5, United States taken into account for the purpose of deter- ‘‘(C) If an employee files an election under Code (as in effect prior to the enactment of mining the amount of any severance pay to this paragraph, coverage shall be effective this section), only as to impact and imple- which an individual may be entitled under beginning on the first day of the first appli- mentation, when applied to employees of the section 5595, based on any other separation. cable pay period beginning on or after the Department of Defense from any bargaining ‘‘(C) Separation pay, if paid in install- date of the filing of the election. unit; ments, shall cease to be paid upon the recipi- ‘‘(D) Paragraph (1) shall apply to an indi- (ii) in the case of any other rules or imple- ent’s acceptance of employment by the Fed- vidual who is eligible to file an election menting issuances, to the extent provided in eral Government, or commencement of work under subparagraph (A) and does not file a chapter 71 of title 5, United States Code. under a personal services contract as de- timely election under subparagraph (B). (4) The availability of judicial review of scribed in paragraph (6). ‘‘(3) The Secretary shall prescribe regula- any rules or implementing issuances that ‘‘(6)(A) An employee who receives separa- tions to carry out this subsection. were adopted prior to the date of the enact- tion pay under such program may not be re- ‘‘(i) ADDITIONAL PROVISIONS RELATING TO ment of this Act shall not be affected by the employed by the Department of Defense for a PERSONNEL MANAGEMENT.— enactment of this section. 12-month period beginning on the effective ‘‘(1) Subject to the requirements of chapter (c) COMPTROLLER GENERAL REVIEWS.— date of the employee’s separation, unless 71 and the limitations in subsection (b)(3), (1) The Comptroller General shall conduct this prohibition is waived by the Secretary the Secretary of Defense, in establishing and annual reviews in calendar years 2008, 2009 on a case-by-case basis. implementing the National Security Per- and 2010 of— ‘‘(B) An employee who receives separation sonnel System under subsection (a), shall (A) employee satisfaction with the Na- pay under this section on the basis of a sepa- not be limited by any provision of this title tional Security Personnel System estab- ration occurring on or after the date of the or any rule or regulation prescribed under lished pursuant to section 9902 of title 5, enactment of the Federal Workforce Re- this title in establishing and implementing United States Code, as amended by this sec- structuring Act of 1994 (Public Law 103–226; regulations relating to— tion; and 108 Stat. 111) and accepts employment with ‘‘(A) the methods of establishing qualifica- (B) the extent to which the Department of the Government of the United States, or who tion requirements for, recruitment for, and Defense has effectively implemented ac- commences work through a personal services appointments to positions; and countability mechanisms, including those

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00155 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.066 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H182 CONGRESSIONAL RECORD — HOUSE January 16, 2008 established in section 9902(b)(7) of title 5, Director of Defense Research and Engineer- nology may be temporarily assigned from United States Code, and internal safeguards ing;’’. private sector organizations to the Depart- for the National Security Personnel System. SEC. 1109. PILOT PROGRAM FOR THE TEM- ment of Defense. (2) To the extent that the Department of PORARY ASSIGNMENT OF INFORMA- (2) CONTENTS.—The report shall include— Defense undertakes internal assessments or TION TECHNOLOGY PERSONNEL TO (A) a statement of findings and an expla- employee surveys to assess employee satis- PRIVATE SECTOR ORGANIZATIONS. nation of the bases for those findings; faction with the National Security Personnel (a) ASSIGNMENT AUTHORITY.—The Sec- (B) an assessment of the laws, rules, and System in any such calendar year, the Comp- retary of Defense may, with the agreement processes relating to the prevention of con- troller General shall— of the private sector organization and the flicts of interest and abuse which would (A) determine whether such assessments or Department of Defense employee concerned, apply to private sector employees during the surveys are appropriately designed and sta- arrange for the temporary assignment of period of their assignment to the Depart- tistically valid; and such employee to such private sector organi- ment of Defense, and whether they need to (B) provide an independent evaluation of zation under this section. An employee shall be strengthened or otherwise changed; the results of such assessments or surveys. be eligible for such an assignment only if— (C) mechanisms proposed for the govern- (3) To the extent that the Department of (1) the employee— ance and oversight of the program; and Defense does not undertake appropriately de- (A) works in the field of information tech- (D) recommendations for any legislation signed and statistically valid employee sur- nology management; which may be necessary. veys, the Comptroller General shall conduct (B) is considered to be an exceptional em- SEC. 1110. COMPENSATION FOR FEDERAL WAGE such a survey and provide an independent ployee; SYSTEM EMPLOYEES FOR CERTAIN evaluation of the results. (C) is expected to assume increased infor- TRAVEL HOURS. (4) The Comptroller General shall report mation technology management responsibil- Section 5544(a) of title 5, United States the results of each annual review conducted ities in the future; Code, is amended in clause (iv) (in the third under this subsection to the Committees on (D) is compensated at not less than the sentence following paragraph (3)), by strik- Armed Services of the Senate and the House GS–11 level (or the equivalent); and ing ‘‘administratively.’’ and inserting ‘‘ad- of Representatives, the Committee on Home- (E) is serving under a career or career-con- ministratively (including travel by the em- land Security and Governmental Affairs of ditional appointment or an appointment of ployee to such event and the return of the the Senate, and the Committee on Oversight equivalent tenure in the excepted service; employee from such event to the employee’s and Government Reform of the House of Rep- and official duty station).’’. resentatives. (2) the proposed assignment meets applica- SEC. 1111. TRAVEL COMPENSATION FOR WAGE ble requirements of section 209(b) of the E- GRADE PERSONNEL. SEC. 1107. REQUIREMENT FOR FULL IMPLEMEN- (a) ELIGIBILITY FOR COMPENSATORY TIME TATION OF PERSONNEL DEM- Government Act of 2002 (44 U.S.C. 3501 note). ONSTRATION PROJECT. (b) AGREEMENTS.—The Secretary of De- OFF FOR TRAVEL.—Section 5550b(a) of title 5, United States Code, is amended by striking (a) REQUIREMENT.—The Secretary of De- fense shall provide for a written agreement fense shall take all necessary actions to fully between the Department of Defense and the ‘‘section 5542(b)(2),’’ and inserting ‘‘any pro- implement and use the authorities provided employee concerned regarding the terms and vision of section 5542(b)(2) or 5544(a),’’. (b) CONFORMING AMENDMENT.—Section to the Secretary under section 342(b) of the conditions of the employee’s assignment 5541(2)(xi) of such title is amended by strik- National Defense Authorization Act for Fis- under this section. The agreement— (1) shall require that, upon completion of ing ‘‘section 5544’’ and inserting ‘‘section 5544 cal Year 1995 (Public Law 103–337; 108 Stat. or 5550b’’. 2721), as amended by section 1114 of the the assignment, the employee will serve in the civil service for a period equal to the (c) EFFECTIVE DATE.—The amendments Floyd D. Spence National Defense Authoriza- made by this section shall take effect on the tion Act for Fiscal Year 2001 (as enacted into length of the assignment; and (2) shall provide that if the employee fails earlier of— law by Public Law 106–398; 114 Stat. 1654A– (1) the effective date of any regulations 315), to carry out personnel management to carry out the agreement, such employee shall be liable to the United States for pay- prescribed to carry out such amendments; or demonstration projects at Department of De- (2) the 90th day after the date of the enact- fense laboratories that are exempted by sec- ment of all expenses of the assignment, un- less that failure was for good and sufficient ment of this Act. tion 9902(c) of title 5, United States Code, SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY from inclusion in the Department of Defense reason (as determined by the Secretary of Defense). SENIOR LEVEL EMPLOYEES. National Security Personnel System. Section 6304(f)(1) of title 5, United States (b) PROCESS FOR FULL IMPLEMENTATION.— An amount for which an employee is liable Code, is amended— The Secretary of Defense shall also imple- under paragraph (2) shall be treated as a debt (1) in the matter before subparagraph (A), ment a process and implementation plan to due the United States. by striking ‘‘in a position in—’’ and inserting (c) TERMINATION.—An assignment under fully utilize the authorities described in sub- ‘‘in—’’; this section may, at any time and for any section (a) to enhance the performance of the (2) in subparagraphs (A) through (E), by in- reason, be terminated by the Department of missions of the laboratories. serting ‘‘a position in’’ before ‘‘the’’; Defense or the private sector organization (c) OTHER LABORATORIES.—Any flexibility (3) in subparagraph (D), by striking ‘‘or’’ at concerned. available to any demonstration laboratory the end; (d) DURATION.—An assignment under this shall be available for use at any other lab- (4) in subparagraph (E), by striking the pe- oratory as enumerated in section 9902(c)(2) of section shall be for a period of not less than 3 months and not more than 1 year, and may riod and inserting a semicolon; and title 5, United States Code. (5) by adding after subparagraph (E) the (d) SUBMISSION OF LIST AND DESCRIPTION.— be extended in 3-month increments for a total of not more than 1 additional year; following: Not later than March 1 of each year, begin- ‘‘(F) a position to which section 5376 ap- ning with March 1, 2008, the Secretary of De- however, no assignment under this section may commence after September 30, 2010. plies; or fense shall submit to Congress a list and de- ‘‘(G) a position designated under section scription of the demonstration project no- (e) CONSIDERATIONS.—In carrying out this section, the Secretary of Defense— 1607(a) of title 10 as an Intelligence Senior tices, amendments, and changes requested by Level position.’’. the laboratories during the preceding cal- (1) shall ensure that, of the assignments SEC. 1113. UNIFORM ALLOWANCES FOR CIVILIAN endar year. The list shall include all ap- made under this section each year, at least 20 percent are to small business concerns (as EMPLOYEES. proved and disapproved notices, amend- Section 1593(b) of title 10, United States ments, and changes, and the reasons for dis- defined by section 3703(e)(2)(A) of title 5, United States Code); and Code, is amended by striking ‘‘$400 per year.’’ approval or delay in approval. and inserting ‘‘$400 per year (or such higher (2) shall take into consideration the ques- SEC. 1108. AUTHORITY FOR INCLUSION OF CER- maximum amount as the Secretary of De- tion of how assignments under this section TAIN OFFICE OF DEFENSE RE- fense may by regulation prescribe).’’. SEARCH AND ENGINEERING POSI- might best be used to help meet the needs of SEC. 1114. FLEXIBILITY IN SETTING PAY FOR EM- TIONS IN EXPERIMENTAL PER- the Department of Defense with respect to PLOYEES WHO MOVE FROM A DE- SONNEL PROGRAM FOR SCIENTIFIC the training of employees in information PARTMENT OF DEFENSE OR COAST AND TECHNICAL PERSONNEL. technology management. GUARD NONAPPROPRIATED FUND Section 1101(b)(1) of the Strom Thurmond (f) NUMERICAL LIMITATION.—In no event INSTRUMENTALITY POSITION TO A National Defense Authorization Act for Fis- may more than 10 employees be partici- POSITION IN THE GENERAL SCHED- cal Year 1999 (5 U.S.C. 3104 note) is amend- pating in assignments under this section as ULE PAY SYSTEM. ed— of any given time. Section 5334(f) of title 5, United States (1) in subparagraph (B), by striking ‘‘and’’ (g) REPORTING REQUIREMENT.— Code, is amended— at the end; (1) IN GENERAL.—Not later than 6 months (1) by striking ‘‘(f)’’ and inserting ‘‘(f)(1)’’; (2) in subparagraph (C), by adding ‘‘and’’ at after the date of the enactment of this Act, (2) in the first sentence, by striking ‘‘does the end; and the Secretary of Defense shall submit to the not exceed’’ and all that follows through (3) by adding after subparagraph (C) the Committees on Armed Services of the Senate ‘‘2105(c).’’ and inserting the following: ‘‘does following: and House of Representatives a report on the not exceed— ‘‘(D) not more than a total of 10 scientific potential benefits of a program under which ‘‘(A) if the highest previous rate of basic and engineering positions in the Office of the employees specializing in information tech- pay received by that employee during the

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00156 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.066 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H183 employee’s service described in section program for civilian mental health profes- Sec. 1229. Special Inspector General for Af- 2105(c) is equal to a rate of the appropriate sionals. ghanistan Reconstruction. grade, such rate of the appropriate grade; (b) ELEMENTS.—The report shall include Sec. 1230. Report on progress toward secu- ‘‘(B) if the employee’s highest previous the following: rity and stability in Afghani- rate of basic pay (as described in subpara- (1) An assessment of a potential scholar- stan. graph (A)) is between two rates of the appro- ship program that provides certain edu- Sec. 1231. United States plan for sustaining priate grade, the higher of those two rates; cational funding to students seeking a career the Afghanistan National Secu- or in mental health services in exchange for rity Forces. ‘‘(C) if the employee’s highest previous service in the Department of Defense. Sec. 1232. Report on enhancing security and rate of basic pay (as described in subpara- (2) An assessment of current scholarship stability in the region along graph (A)) exceeds the maximum rate of the programs which may be expanded to include the border of Afghanistan and appropriate grade, the maximum rate of the mental health professionals. Pakistan. appropriate grade.’’; and (3) Recommendations regarding the estab- Sec. 1233. Reimbursement of certain coali- (3) in the second sentence, by striking ‘‘In lishment or expansion of scholarship pro- tion nations for support pro- the case of’’ and inserting the following: grams for mental health professionals. vided to United States military ‘‘(2) In the case of’’. (4) A plan to implement, or reasons for not operations. SEC. 1115. RETIREMENT SERVICE CREDIT FOR implementing, recommendations that will Sec. 1234. Logistical support for coalition SERVICE AS CADET OR MIDSHIPMAN increase mental health staffing across the forces supporting operations in AT A MILITARY SERVICE ACADEMY. Department of Defense. Iraq and Afghanistan. (a) CIVIL SERVICE RETIREMENT SYSTEM.— TITLE XII—MATTERS RELATING TO Subtitle C—Iraq Refugee Crisis Section 8331(13) of title 5, United States FOREIGN NATIONS Code, is amended by striking ‘‘but’’ and in- Sec. 1241. Short title. Subtitle A—Assistance and Training Sec. 1242. Processing mechanisms. serting ‘‘and includes service as a cadet at Sec. 1201. Military-to-military contacts and Sec. 1243. United States refugee program the United States Military Academy, the comparable activities. processing priorities. United States Air Force Academy, or the Sec. 1202. Authority for support of military Sec. 1244. Special immigrant status for cer- United States Coast Guard Academy, or as a operations to combat ter- tain Iraqis. midshipman at the United States Naval rorism. Sec. 1245. Senior Coordinator for Iraqi Refu- Academy, but’’. Sec. 1203. Medical care and temporary duty gees and Internally Displaced (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- travel expenses for liaison offi- Persons. TEM.—Section 8401(31) of such title is amend- cers of certain foreign nations. Sec. 1246. Countries with significant popu- ed by striking ‘‘but’’ and inserting ‘‘and in- Sec. 1204. Extension and expansion of De- lations of Iraqi refugees. cludes service as a cadet at the United partment of Defense authority Sec. 1247. Motion to reopen denial or termi- States Military Academy, the United States to participate in multinational nation of asylum. Air Force Academy, or the United States military centers of excellence. Sec. 1248. Reports. Coast Guard Academy, or as a midshipman Sec. 1205. Reauthorization of Commanders’ Sec. 1249. Authorization of appropriations. at the United States Naval Academy, but’’. Emergency Response Program. (c) APPLICABILITY.—The amendments made Sec. 1206. Authority to build the capacity of Subtitle D—Other Authorities and by this section shall apply to— the Pakistan Frontier Corps. Limitations (1) any annuity, eligibility for which is Sec. 1207. Authority to equip and train for- Sec. 1251. Cooperative opportunities docu- based upon a separation occurring before, on, eign personnel to assist in ac- ments under cooperative re- or after the date of enactment of this Act; counting for missing United search and development agree- and States Government personnel. ments with NATO organiza- (2) any period of service as a cadet at the Sec. 1208. Authority to provide automatic tions and other allied and United States Military Academy, the United identification system data on friendly foreign countries. States Air Force Academy, or the United maritime shipping to foreign Sec. 1252. Extension and expansion of tem- States Coast Guard Academy, or as a mid- countries and international or- porary authority to use acquisi- shipman at the United States Naval Acad- ganizations. tion and cross-servicing agree- emy, occurring before, on, or after the date Sec. 1209. Report on foreign-assistance re- ments to lend military equip- of enactment of this Act. lated programs carried out by ment for personnel protection SEC. 1116. AUTHORIZATION FOR INCREASED the Department of Defense. and survivability. COMPENSATION FOR FACULTY AND Sec. 1210. Extension and enhancement of au- Sec. 1253. Acceptance of funds from the Gov- STAFF OF THE UNIFORMED SERV- thority for security and sta- ernment of Palau for costs of ICES UNIVERSITY OF THE HEALTH bilization assistance. United States military Civic SCIENCES. Sec. 1211. Government Accountability Office Action Team in Palau. Section 2113(c) of title 10, United States report on Global Peace Oper- Sec. 1254. Repeal of requirement relating to Code, as redesignated by section 954(a)(3) of ations Initiative. North Korea. this Act, is amended— Sec. 1212. Repeal of limitations on military Sec. 1255. Justice for Osama bin Laden and (1) in paragraph (1)— assistance under the American other leaders of al Qaeda. (A) by inserting ‘‘(after due consideration Servicemembers’ Protection Sec. 1256. Extension of Counterproliferation by the Secretary)’’ before ‘‘so as’’; and Act of 2002. Program Review Committee. (B) by striking ‘‘within the vicinity of the Subtitle B—Matters Relating to Iraq and Sec. 1257. Sense of Congress on the Western District of Columbia’’ and inserting ‘‘identi- Afghanistan Hemisphere Institute for Secu- fied by the Secretary for purposes of this Sec. 1221. Modification of authorities relat- rity Cooperation. paragraph’’; and ing to the Office of the Special Sec. 1258. Sense of Congress on Iran. (2) in paragraph (4)— Inspector General for Iraq Re- Subtitle E—Reports (A) by striking ‘‘section 5373’’ and insert- construction. Sec. 1261. One-year extension of update on ing ‘‘sections 5307 and 5373’’; and Sec. 1222. Limitation on availability of report on claims relating to the (B) by adding at the end the following new funds for certain purposes re- bombing of the Labelle Dis- sentence: ‘‘In no event may the total amount lating to Iraq. of compensation paid to an employee under Sec. 1223. Report on United States policy cotheque. paragraph (1) in any year (including salary, and military operations in Iraq. Sec. 1262. Report on United States policy to- allowances, differentials, bonuses, awards, Sec. 1224. Report on a comprehensive set of ward Darfur, Sudan. and other similar cash payments) exceed the performance indicators and Sec. 1263. Inclusion of information on asym- total amount of annual compensation (ex- measures for progress toward metric capabilities in annual cluding expenses) specified in section 102 of military and political stability report on military power of the title 3.’’. in Iraq. People’s Republic of China. SEC. 1117. REPORT ON ESTABLISHMENT OF A Sec. 1225. Report on support from Iran for Sec. 1264. Report on application of the Uni- SCHOLARSHIP PROGRAM FOR CIVIL- attacks against coalition forces form Code of Military Justice IAN MENTAL HEALTH PROFES- in Iraq. to civilians accompanying the SIONALS. Sec. 1226. Sense of Congress on the con- Armed Forces during a time of (a) REPORT REQUIRED.—Not later than 180 sequences of a failed state in declared war or contingency op- days after the date of the enactment of this Iraq. eration. Act, the Secretary of Defense shall, in con- Sec. 1227. Sense of Congress on federalism in Sec. 1265. Report on family reunions be- sultation with the Assistant Secretary of De- Iraq. tween United States citizens fense for Health Affairs and each of the Sur- Sec. 1228. Tracking and monitoring of de- and their relatives in North geons General of the Armed Forces, submit fense articles provided to the Korea. to Congress a report on the feasibility and Government of Iraq and other Sec. 1266. Reports on prevention of mass advisability of establishing a scholarship individuals and groups in Iraq. atrocities.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00157 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.067 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H184 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Sec. 1267. Report on threats to the United ‘‘(i) adequate medical care is not available (2) in the matter preceding paragraph (1)— States from ungoverned areas. to the liaison officer at a local military med- (A) by striking ‘‘fiscal years 2006 and 2007’’ Subtitle A—Assistance and Training ical treatment facility; and inserting ‘‘fiscal years 2008 and 2009’’; SEC. 1201. MILITARY-TO-MILITARY CONTACTS ‘‘(ii) the Secretary determines that pay- and AND COMPARABLE ACTIVITIES. ment of such medical expenses is necessary (B) by striking ‘‘$500,000,000’’ and inserting Section 168(c) of title 10, United States and in the best interests of the United ‘‘$977,441,000’’. Code, is amended by adding at the end the States; and (b) QUARTERLY REPORTS.—Subsection (b) of following new paragraph: ‘‘(iii) medical care is not otherwise avail- such section is amended by striking ‘‘fiscal ‘‘(9) The assignment of personnel described able to the liaison officer pursuant to any years 2006 and 2007’’ and inserting ‘‘fiscal in paragraph (3) or (4) on a non-reciprocal treaty or other international agreement.’’; years 2008 and 2009’’. basis if the Secretary of Defense determines and SEC. 1206. AUTHORITY TO BUILD THE CAPACITY that such an assignment, rather than an ex- (3) by adding at the end the following: OF THE PAKISTAN FRONTIER change of personnel, is in the interests of the ‘‘(3) The Secretary may pay the mission-re- CORPS. United States.’’. lated travel expenses of a liaison officer de- (a) AUTHORITY.—The Secretary of Defense, SEC. 1202. AUTHORITY FOR SUPPORT OF MILI- scribed in subsection (a) if such travel is in with the concurrence of the Secretary of TARY OPERATIONS TO COMBAT TER- support of the national interests of the State, is authorized during fiscal year 2008 to RORISM. United States and the commander of the provide assistance to enhance the ability of (a) MODIFICATION OF REPORTING REQUIRE- headquarters to which the liaison officer is the Pakistan Frontier Corps to conduct MENT.—Subsection (f) of section 1208 of the temporarily assigned directs round-trip trav- counterterrorism operations along the bor- Ronald W. Reagan National Defense Author- el from the assigned headquarters to one or der between Pakistan and Afghanistan. ization Act for Fiscal Year 2005 (Public Law more locations.’’. (b) TYPES OF ASSISTANCE.— 108–375; 118 Stat. 2086–2087) is amended to (c) DEFINITION.—Subsection (d) of such sec- (1) AUTHORIZED ELEMENTS.—Assistance read as follows: tion is amended— under subsection (a) may include the provi- ‘‘(f) ANNUAL REPORT.— (1) by striking ‘‘(d) DEFINITIONS.—’’ and all sion of equipment, supplies, and training. ‘‘(1) REPORT REQUIRED.—Not later than 120 that follows through ‘‘(1) The term’’ and in- (2) REQUIRED ELEMENTS.—Assistance under days after the close of each fiscal year dur- serting ‘‘(d) DEFINITION.—In this section, the subsection (a) shall be provided in a manner ing which subsection (a) is in effect, the Sec- term’’; and that promotes— retary of Defense shall submit to the con- (2) by striking paragraph (2). (A) observance of and respect for human gressional defense committees a report on (d) EXPIRATION OF AUTHORITY.—Such sec- rights and fundamental freedoms; and support provided under that subsection dur- tion is further amended by striking sub- (B) respect for legitimate civilian author- ing that fiscal year. section (e). ity within Pakistan. ‘‘(2) MATTERS TO BE INCLUDED.—Each report (e) CONFORMING AND CLERICAL AMEND- (c) LIMITATIONS.— required by paragraph (1) shall describe the MENTS.—(1) The heading for such section is (1) FUNDING LIMITATION.—The Secretary of support provided, including— amended to read as follows: Defense may use up to $75,000,000 of funds ‘‘(A) the country involved in the activity, ‘‘§ 1051a. Liaison officers of certain foreign available to the Department of Defense for the individual or force receiving the support, nations; administrative services and sup- operation and maintenance for fiscal year and, to the maximum extent practicable, the port; travel, subsistence, medical care, and 2008 to provide the assistance under sub- specific region of each country involved in other personal expenses’’. section (a). the activity; (2) ASSISTANCE OTHERWISE PROHIBITED BY (2) The table of sections at the beginning of ‘‘(B) the respective dates and a summary of LAW.—The Secretary of Defense may not use chapter 53 of title 10, United States Code, is congressional notifications for each activity; the authority in subsection (a) to provide amended by striking the item relating to ‘‘(C) the unified commander for each activ- any type of assistance described in sub- section 1051a and inserting the following: ity, as well as the related objectives, as es- section (b) that is otherwise prohibited by ‘‘1051a. Liaison officers of certain foreign na- tablished by that commander; any provision of law. tions; administrative services ‘‘(D) the total amount obligated to provide (d) CONGRESSIONAL NOTIFICATION.— and support; travel, subsist- the support; (1) IN GENERAL.—Not less than 15 days be- ence, medical care, and other ‘‘(E) for each activity that amounts to fore providing assistance under subsection personal expenses.’’. more than $500,000, specific budget details (a), the Secretary of Defense shall submit to that explain the overall funding level for SEC. 1204. EXTENSION AND EXPANSION OF DE- the congressional committees specified in that activity; and PARTMENT OF DEFENSE AUTHORITY paragraph (2) a notice of the following: TO PARTICIPATE IN MULTI- ‘‘(F) a statement providing a brief assess- NATIONAL MILITARY CENTERS OF (A) The budget, types of assistance, and ment of the outcome of the support, includ- EXCELLENCE. completion date for providing the assistance ing specific indications of how the support (a) EXTENSION OF AUTHORITY.—Subsection under subsection (a). furthered the mission objective of special op- (a) of section 1205 of the John Warner Na- (B) The source and planned expenditure of erations forces and the types of follow-on tional Defense Authorization Act for Fiscal funds for the assistance under subsection (a). support, if any, that may be necessary.’’. Year 2007 (Public Law 109–364; 1202 Stat. 2416) (2) SPECIFIED CONGRESSIONAL COMMITTEES.— (b) ANNUAL LIMITATION.—Subsection (g) of is amended by striking ‘‘fiscal year 2007’’ and The congressional committees specified in such section is amended— inserting ‘‘fiscal years 2007 and 2008’’. this paragraph are the following: ISCAL (1) in the heading, by striking ‘‘F (b) LIMITATION ON AMOUNTS AVAILABLE FOR (A) The Committee on Armed Services, the EAR NNUAL Y 2005’’ and inserting ‘‘A ’’; and PARTICIPATION.—Subsection (e) of such sec- Committee on Foreign Relations, and the (2) by striking ‘‘fiscal year 2005’’ and in- tion is amended by striking paragraph (2) Committee on Appropriations of the Senate. serting ‘‘each fiscal year during which sub- and inserting the following new paragraph: (B) The Committee on Armed Services, the section (a) is in effect’’. ‘‘(2) LIMITATION ON AMOUNT.—The amount Committee on Foreign Affairs, and the Com- (c) EXTENSION OF PERIOD OF AUTHORITY.— available under paragraph (1)(A) for the ex- mittee on Appropriations of the House of Subsection (h) of such section is amended by penses referred to in that paragraph may not Representatives. striking ‘‘2007’’ and inserting ‘‘2010’’. exceed— SEC. 1207. AUTHORITY TO EQUIP AND TRAIN FOR- SEC. 1203. MEDICAL CARE AND TEMPORARY ‘‘(A) in fiscal year 2007, $3,000,000; and EIGN PERSONNEL TO ASSIST IN AC- DUTY TRAVEL EXPENSES FOR LIAI- ‘‘(B) in fiscal year 2008, $5,000,000.’’. COUNTING FOR MISSING UNITED SON OFFICERS OF CERTAIN FOR- STATES GOVERNMENT PERSONNEL. EIGN NATIONS. (c) REPORTS.—Subsection (g) of such sec- (a) IN GENERAL.—Chapter 20 of title 10, (a) AUTHORITY.—Subsection (a) of section tion is amended— (1) in paragraph (1)— United States Code, is amended by adding at 1051a of title 10, United States Code, is the end the following new section: amended— (A) by inserting ‘‘and October 31, 2008,’’ (1) by striking ‘‘involved in a coalition’’ after ‘‘October 31, 2007,’’; and ‘‘§ 408. Equipment and training of foreign per- and inserting ‘‘involved in a military oper- (B) by striking ‘‘fiscal year 2007’’ and in- sonnel to assist in Department of Defense ation’’; and serting ‘‘fiscal years 2007 and 2008’’; and accounting for missing United States Gov- (2) by striking ‘‘coalition operation’’ and (2) in paragraph (2)(A), by striking ‘‘during ernment personnel inserting ‘‘military operation’’. fiscal year 2007’’ and inserting ‘‘during the ‘‘(a) IN GENERAL.—The Secretary of De- (b) MEDICAL CARE AND TEMPORARY DUTY preceding fiscal year’’. fense may provide assistance to any foreign TRAVEL EXPENSES.—Subsection (b) of such SEC. 1205. REAUTHORIZATION OF COMMANDERS’ nation to assist the Department of Defense section is amended— EMERGENCY RESPONSE PROGRAM. with recovery of and accounting for missing (1) in the heading, by striking ‘‘AND SUB- (a) AUTHORITY.—Subsection (a) of section United States Government personnel. SISTENCE’’ inserting ‘‘, SUBSISTENCE, AND 1202 of the National Defense Authorization ‘‘(b) TYPES OF ASSISTANCE.—The assistance MEDICAL CARE’’; Act for Fiscal Year 2006 (Public Law 109–163; provided under subsection (a) may include (2) in paragraph (2), by adding at the end 119 Stat. 3455–3456) is amended— the following: the following: (1) in the heading, by striking ‘‘FISCAL ‘‘(1) Equipment. ‘‘(C) Expenses for medical care at a civilian YEARS 2006 AND 2007’’ and inserting ‘‘FISCAL ‘‘(2) Supplies. medical facility if— YEARS 2008 AND 2009’’; and ‘‘(3) Services.

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00158 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.067 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H185 ‘‘(4) Training of personnel. (A) section 1206 of the National Defense SEC. 1211. GOVERNMENT ACCOUNTABILITY OF- ‘‘(c) APPROVAL BY SECRETARY OF STATE.— Authorization Act for Fiscal Year 2006 (Pub- FICE REPORT ON GLOBAL PEACE Assistance may not be provided under this lic Law 109–163; 119 Stat. 3456), relating to au- OPERATIONS INITIATIVE. section to any foreign nation unless the Sec- thority to build the capacity of foreign mili- (a) REPORT REQUIRED.—Not later than June retary of State specifically approves the pro- tary forces; 1, 2008, the Comptroller General of the vision of such assistance. (B) section 1207 of the National Defense United States shall submit to the congres- ‘‘(d) LIMITATION.—The amount of assist- Authorization Act for Fiscal Year 2006 (Pub- sional defense committees, the Committee ance provided under this section in any fiscal lic Law 109–163; 119 Stat. 3458), relating to au- on Foreign Relations of the Senate, and the year may not exceed $1,000,000. thority to provide security and stabilization Committee on Foreign Affairs of the House of Representatives a report assessing the ‘‘(e) CONSTRUCTION WITH OTHER ASSIST- assistance to foreign countries; Global Peace Operations Initiative. ANCE.—The authority to provide assistance (C) section 1208 of the National Defense Au- (b) CONTENT.—The report required under under this section is in addition to any other thorization Act for Fiscal Year 2006 (Public subsection (a) shall include the following: authority to provide assistance to foreign Law 109–163; 119 Stat. 3459), relating to au- (1) An assessment of whether, and to what nations under law. thority to reimburse certain coalition na- extent, the Global Peace Operations Initia- ‘‘(f) ANNUAL REPORTS.—(1) Not later than tions for support provided to United States tive has met the goals set by the President December 31 each year, the Secretary of De- military operations; at the inception of the program in 2004. fense shall submit to the congressional de- (D) section 1033 of the National Defense (2) Which goals, if any, remain unfulfilled. fense committees a report on the assistance Authorization Act for Fiscal Year 1998 (Pub- (3) A description of activities conducted by provided under this section during the fiscal lic Law 105–85; 111 Stat. 1881), relating to au- each member state of the Group of Eight (G– year ending in such year. thority to provide additional support for 8), including the approximate cost of the ac- ‘‘(2) Each report under paragraph (1) shall counter-drug activities of Peru and Colom- tivities, and the approximate percentage of include, for the fiscal year covered by such bia; the total monetary value of the activities report, the following: (E) section 1004 of the National Defense conducted by each G–8 member, including ‘‘(A) A listing of each foreign nation pro- Authorization Act for Fiscal Year 1991 (Pub- the United States, as well as efforts by the vided assistance under this section. lic Law 101–510; 10 U.S.C. 374 note), relating President to seek contributions or participa- ‘‘(B) For each nation so provided assist- to additional support for counter-drug ac- ance, a description of the type and amount of tivities; tion by other G–8 members. such assistance.’’. (F) section 127d of title 10, United States (4) A description of any activities con- ducted by non-G–8 members, or other organi- (b) CLERICAL AMENDMENT.—The table of Code, relating to authority to provide logis- sections at the beginning of chapter 20 of tic support, supplies, and services to allied zations and institutions, as well as any ef- such title is amended by adding at the end forces participating in a combined operation forts by the President to solicit contribu- the following new item: with the Armed Forces; tions or participation. (5) A description of the extent to which the ‘‘408. Equipment and training of foreign per- (G) section 2249c of title 10, United States Global Peace Operations Initiative has had sonnel to assist in Department Code, relating to authority to use appro- global participation. of Defense accounting for miss- priated funds for costs associated with edu- (6) A description of the administration of ing United States Government cation and training of foreign officials under the program by the Department of State and personnel.’’. the Regional Defense Combating Terrorism Department of Defense, including— SEC. 1208. AUTHORITY TO PROVIDE AUTOMATIC Fellowship Program; and (H) section 2561 of title 10, United States (A) whether each Department should con- IDENTIFICATION SYSTEM DATA ON centrate administration in one office or bu- MARITIME SHIPPING TO FOREIGN Code, relating to authority to provide hu- COUNTRIES AND INTERNATIONAL manitarian assistance; and reau, and if so, which one; ORGANIZATIONS. (2) a description of each foreign-assistance (B) the extent to which the two Depart- (a) AUTHORITY TO PROVIDE DATA.—The Sec- related program that the Department of De- ments coordinate and the quality of their co- retary of Defense, with the concurrence of fense undertakes or implements on behalf of ordination; and the Secretary of State, may authorize the any other department or agency of the (C) the extent to which contractors are Secretary of a military department or a United States Government, including pro- used and an assessment of the quality and commander of a combatant command to ex- grams under the Foreign Assistance Act of timeliness of the results achieved by the con- change or furnish automatic identification 1961 (22 U.S.C. 2151 et seq.) and the Arms Ex- tractors, and whether the United States Gov- system data broadcast by merchant or pri- port Control Act (22 U.S.C. 2751 et seq.). ernment might have achieved similar or bet- vate ships and collected by the United States (c) FORM.—The report required under sub- ter results without contracting out func- to a foreign country or international organi- section (a) shall be submitted in unclassified tions. zation pursuant to an agreement for the ex- form, but may contain a classified annex. (7) A description of the metrics, if any, change or production of such data. Such data (d) APPROPRIATE CONGRESSIONAL COMMIT- that are used by the President and the G–8 to may be transferred pursuant to this section TEES DEFINED.—In this section, the term measure progress in implementation of the without cost to the recipient country or ‘‘appropriate congressional committees’’ Global Peace Operations Initiative, includ- international organization. means— ing— (b) DEFINITIONS.—In this section: (1) the Committee on Appropriations, the (A) assessments of the quality and sustain- (1) AUTOMATIC IDENTIFICATION SYSTEM.— Committee on Armed Services, and the Com- ability of the training of individual soldiers The term ‘‘automatic identification system’’ mittee on Foreign Affairs of the House of and units; means a system that is used to satisfy the Representatives; and (B) the extent to which the G–8 and par- requirements of the Automatic Identifica- (2) the Committee on Appropriations, the ticipating countries maintain records or tion System under the International Conven- Committee on Armed Services, and the Com- databases of trained individuals and units tion for the Safety of Life at Sea, signed at mittee on Foreign Relations of the Senate. and conduct inspections to measure and London on November 1, 1974 (TIAS 9700). SEC. 1210. EXTENSION AND ENHANCEMENT OF monitor the continued readiness of such in- AUTHORITY FOR SECURITY AND (2) GEOGRAPHIC COMBATANT COMMANDER.— dividuals and units; STABILIZATION ASSISTANCE. The term ‘‘commander of a combatant com- (C) the extent to which the individuals and (a) PROGRAM FOR ASSISTANCE.—Section 1207 units are equipped and remain equipped to mand’’ means a commander of a combatant of the National Defense Authorization Act deploy in peace operations; and command (as such term is defined in section for Fiscal Year 2006 (Public Law 109–163; 119 (D) the extent to which, the timeline by 161(c) of title 10, United States Code) with a Stat. 3458) is amended— which, and how individuals and units can be geographic area of responsibility. (1) by redesignating subsections (d), (e), mobilized for peace operations. SEC. 1209. REPORT ON FOREIGN-ASSISTANCE RE- and (f) as subsections (e), (f), and (g), respec- (8) The extent to which, the timeline by LATED PROGRAMS CARRIED OUT BY tively; and THE DEPARTMENT OF DEFENSE. which, and how individuals and units can be (2) by inserting after subsection (c) the fol- (a) REPORT REQUIRED.—Not later than 180 and are being deployed to peace operations. lowing: (9) An assessment of whether individuals days after the date of the enactment of this ‘‘(d) FORMULATION AND IMPLEMENTATION OF and units trained under the Global Peace Op- Act, the Secretary of Defense shall submit to PROGRAM FOR ASSISTANCE.—The Secretary of the appropriate congressional committees a State shall coordinate with the Secretary of erations Initiative have been utilized in report that specifies, on a country-by-coun- Defense in the formulation and implementa- peace operations subsequent to receiving try basis, each foreign-assistance related tion of a program of reconstruction, secu- training under the Initiative, whether they program carried out by the Department of rity, or stabilization assistance to a foreign will be deployed to upcoming operations in Defense during the prior fiscal year under country that involves the provision of serv- Africa and elsewhere, and the extent to the authorities described in subsection (b). ices or transfer of defense articles or funds which such individuals and units would be (b) MATTERS TO BE INCLUDED.—The report under subsection (a).’’. prepared to deploy and participate in such required under subsection (a) shall include— (b) ONE-YEAR EXTENSION.—Subsection (g) peace operations. (1) a description of the dollar amount, type of such section, as redesignated by sub- (10) Recommendations as to whether par- of support, and purpose of each foreign–as- section (a) of this section, is amended by ticipation in the Global Peace Operations sistance related program carried out by the striking ‘‘September 30, 2007’’ and inserting Initiative should require reciprocal partici- Department of Defense under— ‘‘September 30, 2008’’. pation by countries in peace operations.

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(11) Any additional measures that could be (g) DEFINITIONS.—Subsection (m) of such ‘‘(C) reforming current laws governing the taken to enhance the effectiveness of the section is amended— de-Baathification process in a manner that Global Peace Operations Initiative in terms (1) in the heading, by striking ‘‘APPRO- encourages national reconciliation; of— PRIATE COMMITTEES OF CONGRESS DEFINED’’ ‘‘(D) amending the Constitution of Iraq in (A) achieving its stated goals; and and inserting ‘‘DEFINITIONS’’; a manner that encourages national reconcili- (B) ensuring that individuals and units (2) by striking ‘‘In this section, the term’’ ation; trained as part of the Initiative are regularly and inserting the following: ‘‘In this sec- ‘‘(E) allocating and beginning expenditure participating in peace operations. tion— of $10 billion in Iraqi revenues for recon- (c) FORM.—To the maximum extent prac- ‘‘(1) the term’’; struction projects, including delivery of es- ticable, the report required under subsection (3) by redesignating paragraphs (1) and (2) sential services, and implementing such re- (a) shall be submitted in unclassified form, as subparagraphs (A) and (B), respectively; construction projects on an equitable basis; but may include a classified annex, if nec- (4) in paragraph (1)(B) (as redesignated by and essary. paragraph (3) of this subsection), by striking ‘‘(F) making significant efforts to plan and SEC. 1212. REPEAL OF LIMITATIONS ON MILITARY ‘‘and International Relations’’ and inserting implement disarmament, demobilization, ASSISTANCE UNDER THE AMERICAN ‘‘Foreign Affairs, and Oversight and Govern- and reintegration programs relating to Iraqi SERVICEMEMBERS’ PROTECTION ment Reform’’; militias.’’; ACT OF 2002. (5) by striking the period at the end and in- (B) by striking paragraph (3) and inserting (a) REPEAL OF LIMITATIONS.—Section 2007 serting ‘‘; and’’; and the following: of the American Servicemembers’ Protection (6) by adding at the end the following: ‘‘(3) A detailed description of the Joint Act of 2002 (22 U.S.C. 7426) is repealed. Campaign Plan, or any subsequent revisions, (b) CONFORMING AMENDMENTS.—Such Act is ‘‘(2) the term ‘amounts appropriated or further amended— otherwise made available for the reconstruc- updates, or documents that replace or super- (1) in section 2003 (22 U.S.C. 7422)— tion of Iraq’ means amounts appropriated or sede the Joint Campaign Plan, including (A) in subsection (a)— otherwise made available for any fiscal goals, phases, or other milestones contained in the Joint Campaign Plan. Specifically, (i) in the heading, by striking ‘‘SECTIONS 5 year— the description shall include the following: AND 7’’ and inserting ‘‘SECTION 2005’’; and ‘‘(A) to the Iraq Relief and Reconstruction (ii) by striking ‘‘sections 2005 and 2007’’ and Fund, the Iraq Security Forces Fund, and ‘‘(A) An explanation of conditions required inserting ‘‘section 2005’’; the Commanders’ Emergency Response Pro- to move through phases of the Joint Cam- (B) in subsection (b)— gram authorized under section 1202 of the paign Plan, in particular those conditions that must be met in order to provide for the (i) in the heading, by striking ‘‘SECTIONS 5 National Defense Authorization for Fiscal transition of additional security responsi- AND 7’’ and inserting ‘‘SECTION 2005’’; and Year 2006 (Public Law 109–163; 119 Stat. 3455– (ii) by striking ‘‘sections 2005 and 2007’’ and 3456); or bility to the Iraqi Security Forces, and the inserting ‘‘section 2005’’; ‘‘(B) for assistance for the reconstruction measurements used to determine progress. (C) in subsection (c)(2)(A), by striking of Iraq under— ‘‘(B) An assessment of which conditions in ‘‘sections 2005 and 2007’’ and inserting ‘‘sec- ‘‘(i) the Economic Support Fund author- the Joint Campaign Plan have been achieved tion 2005’’; ized under chapter 4 of part II of the Foreign and which conditions have not been (D) in subsection (d), by striking ‘‘sections Assistance Act of 1961 (22 U.S.C. 2346 et seq.); achieved. The assessment of those conditions 2005 and 2007’’ and inserting ‘‘section 2005’’; ‘‘(ii) the International Narcotics Control that have not been achieved shall include a and and Law Enforcement account authorized discussion of the factors that have precluded (E) in subsection (e), by striking ‘‘2006, and under section 481 of the Foreign Assistance progress. 2007’’ and inserting ‘‘and 2006’’; and Act of 1961 (22 U.S.C. 2291); or ‘‘(C) A description of any companion or (2) in section 2013 (22 U.S.C. 7432), by strik- ‘‘(iii) any other provision of law.’’. equivalent plan of the Government of Iraq ing paragraph (13). (h) TERMINATION DATE.—Subsection (o) of used to measure progress for Iraqi Security such section is amended— Forces undertaking joint operations with Co- Subtitle B—Matters Relating to Iraq and (1) in paragraph (1), to read as follows: alition Forces.’’; and Afghanistan ‘‘(1) The Office of the Inspector General (C) by adding at the end the following: SEC. 1221. MODIFICATION OF AUTHORITIES RE- shall terminate 180 days after the date on ‘‘(7) An assessment of the levels of United LATING TO THE OFFICE OF THE SPE- which amounts appropriated or otherwise States Armed Forces required in Iraq for the CIAL INSPECTOR GENERAL FOR made available for the reconstruction of Iraq six-month period following the date of the IRAQ RECONSTRUCTION. that are unexpended are less than (a) PURPOSES.—Subsection (a)(1) of section report, the missions to be undertaken by the $250,000,000.’’; and 3001 of the Emergency Supplemental Appro- Armed Forces in Iraq for such period, and (2) in paragraph (2)— priations Act for Defense and for the Recon- the incremental costs or savings of any pro- (A) by striking ‘‘funds deemed to be’’; and struction of Iraq and Afghanistan, 2004 (Pub- posed changes to such levels or missions. (B) by striking ‘‘to the Iraq Relief and Re- lic Law 108–106; 117 Stat. 1234–1238; 5 U.S.C. ‘‘(8) A description of the range of condi- App., note to section 8G of Public Law 95–452) construction Fund’’ and inserting ‘‘for the tions that could prompt changes to the lev- is amended by striking ‘‘to the Iraq Relief reconstruction of Iraq’’. els of United States Armed Forces required and Reconstruction Fund’’ and inserting ‘‘for SEC. 1222. LIMITATION ON AVAILABILITY OF in Iraq for the six-month period following the reconstruction of Iraq’’. FUNDS FOR CERTAIN PURPOSES RE- the date of the report or the missions to be LATING TO IRAQ. (b) ASSISTANT INSPECTORS GENERAL.—Sub- undertaken by the Armed Forces in Iraq for No funds appropriated pursuant to an au- section (d)(1) of such section is amended by such period, including the status of planning striking ‘‘the Iraq Relief and Reconstruction thorization of appropriations in this Act for such changes to the levels or missions of may be obligated or expended for a purpose Fund’’ and inserting ‘‘amounts appropriated the Armed Forces in Iraq.’’. as follows: or otherwise made available for the recon- (2) EFFECTIVE DATE.—The amendments (1) To establish any military installation struction of Iraq’’. made by paragraph (1) shall apply with re- or base for the purpose of providing for the (c) SUPERVISION.—Subsection (e)(2) of such spect to each report required to be submitted permanent stationing of United States section is amended by striking ‘‘the Iraq Re- to Congress under section 1227(c) of the Na- Armed Forces in Iraq. lief and Reconstruction Fund’’ and inserting tional Defense Authorization Act for Fiscal (2) To exercise United States control of the ‘‘amounts appropriated or otherwise made Year 2006 on or after the date of the enact- oil resources of Iraq. available for the reconstruction of Iraq’’. ment of this Act. (d) DUTIES.—Subsection (f)(1) of such sec- SEC. 1223. REPORT ON UNITED STATES POLICY (b) CONGRESSIONAL BRIEFINGS REQUIRED.— tion is amended by striking ‘‘to the Iraq Re- AND MILITARY OPERATIONS IN Such section is further amended by adding at IRAQ. lief and Reconstruction Fund’’ and inserting the end the following: (a) REPORT.— ‘‘for the reconstruction of Iraq’’. ‘‘(d) CONGRESSIONAL BRIEFINGS REQUIRED.— (e) PERSONNEL, FACILITIES, AND OTHER RE- (1) IN GENERAL.—Subsection (c) of section Not later than 30 days after the submission SOURCES.—Subsection (h) of such section is 1227 of the National Defense Authorization of the first report under subsection (c) on or amended— Act for Fiscal Year 2006 (Public Law 109–163; after the date of the enactment of the Na- (1) in paragraph (1), by inserting after ‘‘pay 119 Stat. 3465; 50 U.S.C. 1541 note) is amend- tional Defense Authorization Act for Fiscal rates’’ the following: ‘‘, and may exercise the ed— Year 2008, the Secretary of Defense and the authorities of subsections (b) through (i) of (A) in paragraph (2), by striking ‘‘Iraq.’’ Chairman of the Joint Chiefs of Staff shall section 3161 of title 5, United States Code and inserting the following: ‘‘Iraq, includ- meet with the congressional defense commit- (without regard to subsection (a) of such sec- ing— tees to brief such committees on the matters tion)’’; and ‘‘(A) enacting a broadly-accepted hydro- described in paragraphs (7) and (8) of sub- (2) in paragraph (3), by striking ‘‘my carbon law that equitably shares revenue section (c) contained in the report. Not later enter’’ and inserting ‘‘may enter’’. among all Iraqis; than 30 days after the submission of each (f) REPORTS.—Subsection (i) of such section ‘‘(B) adopting laws necessary for the con- subsequent report under subsection (c), ap- is amended by striking ‘‘to the Iraq Relief duct of provincial and local elections, taking propriate senior officials of the Department and Reconstruction Fund’’ each place it ap- steps to implement such laws, and setting a of Defense shall meet with the congressional pears and inserting ‘‘for the reconstruction schedule to conduct provincial and local defense committees to brief such committees of Iraq’’. elections; on the matters described in paragraphs (7)

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TRACKING AND MONITORING OF DE- BILITY IN IRAQ. but may contain a classified annex, if nec- FENSE ARTICLES PROVIDED TO THE (a) REPORT.—Section 9010(c) of the Depart- essary. GOVERNMENT OF IRAQ AND OTHER ment of Defense Appropriations Act, 2007 (di- (c) TERMINATION.—The requirement to sub- INDIVIDUALS AND GROUPS IN IRAQ. vision A of Public Law 109–289; 120 Stat. 1307) mit reports under subsection (a) shall termi- (a) EXPORT AND TRANSFER CONTROL POL- is amended— nate on the date on which the Secretary of ICY.—The President shall implement a policy (1) in paragraph (1)(B)— Defense, in coordination with the Director of to control the export and transfer of defense (A) by striking ‘‘and trends’’ and inserting National Intelligence, submits to the con- articles into Iraq, including implementation ‘‘trends’’; and gressional defense committees a certifi- of the registration and monitoring system (B) by adding at the end before the period cation in writing that the Government of under subsection (c). the following: ‘‘, and progress made in the Iran has ceased to provide military support (b) REQUIREMENT TO IMPLEMENT CONTROL transition of responsibility for the security to anti-coalition forces that conduct attacks SYSTEM.—No defense articles may be pro- of Iraqi provinces to the Iraqi Security against coalition forces in Iraq. vided to the Government of Iraq or any other Forces under the Provincial Iraqi Control (d) RULE OF CONSTRUCTION.—Nothing in group, organization, citizen, or resident of (PIC) process’’; and this section shall be construed to authorize Iraq until the President certifies to the spec- (2) in paragraph (2)— or otherwise speak to the use of the Armed ified congressional committees that a reg- (A) in subparagraph (C)(i), by adding at the Forces against Iran. istration and monitoring system meeting the end before the semicolon the following: ‘‘, SEC. 1226. SENSE OF CONGRESS ON THE CON- requirements set forth in subsection (c) has without any support from Coalition Forces’’; SEQUENCES OF A FAILED STATE IN been established. IRAQ. (B) by redesignating subparagraphs (D) (c) REGISTRATION AND MONITORING SYS- It is the sense of Congress that— through (J) as subparagraphs (F) through TEM.—The registration and monitoring sys- (1) a failed state in Iraq will have a nega- (L), respectively; tem required under this subsection shall in- tive impact on the Middle East and United (C) by inserting after subparagraph (C) the clude— States interests in the region; and following: (1) the registration of the serial numbers of (2) the United States should pursue strate- all small arms to be provided to the Govern- ‘‘(D) The amount and type of support pro- gies to prevent a failed state in Iraq or to ment of Iraq or to other groups, organiza- vided by Coalition Forces to the Iraqi Secu- contain the negative effects of a failed state tions, citizens, or residents of Iraq; rity Forces at each level of operational read- in Iraq. iness. (2) a program of end-use monitoring of all SEC. 1227. SENSE OF CONGRESS ON FEDERALISM lethal defense articles provided to such enti- ‘‘(E) The number of Iraqi battalions in the IN IRAQ. Iraqi Army currently conducting operations It is the sense of Congress that— ties or individuals; and and the type of operations being con- (1) policies supported by the United States (3) a detailed record of the origin, shipping, ducted.’’; in the pursuit of a political settlement in and distribution of all defense articles trans- (D) by redesignating subparagraphs (H) Iraq should be consistent with the wishes of ferred under the Iraq Security Forces Fund through (L) (as redesignated by subpara- the Iraqi people and should not violate the or any other security assistance program to graph (B) of this paragraph) as subpara- sovereignty of the nation of Iraq; such entities or individuals. (d) REVIEW; EXEMPTION.— graphs (I) through (M), respectively; (2) if the Iraqi people support a political (1) REVIEW.—The President shall periodi- (E) by inserting after subparagraph (G) (as settlement in Iraq based on the final provi- redesignated by subparagraph (B) of this sions of the Constitution of Iraq that create cally review the items subject to the reg- paragraph) the following: a federal system of government and allow for istration and monitoring requirements under ‘‘(H) The level and effectiveness of the the creation of federal regions, consistent subsection (c) to determine what items, if Iraqi Security Forces under the Ministry of with the wishes of the Iraqi people and their any, should no longer be subject to such reg- Defense in provinces where the United States elected leaders, the United States should ac- istration and monitoring requirements. The has formally transferred responsibility for tively support such a political settlement in President shall transmit to the specified con- the security of the province to the Iraqi Se- Iraq; gressional committees the results of each re- curity Forces under the Provincial Iraqi (3) the active support referred to in para- view conducted under this paragraph. Control (PIC) process.’’; and graph (2) should include— (2) EXEMPTION.—The President may exempt (F) in subparagraph (I) (as redesignated by (A) calling on the international commu- an item from the registration and moni- subparagraphs (B) and (D) of this para- nity, including countries with troops in Iraq, toring requirements under subsection (c) be- graph)— the permanent 5 members of the United Na- ginning on the date that is 30 days after the (i) in clause (iv), by striking ‘‘and’’ at the tions Security Council, members of the Gulf date on which the President provides notice end; Cooperation Council, and Iraq’s neighbors— of the proposed exemption to the specified (ii) in clause (v), by striking the period at (i) to support an Iraqi political settlement congressional committees in accordance the end and inserting ‘‘; and’’; and based on federalism; with the procedures applicable to reprogram- (iii) by adding at the end the following: (ii) to acknowledge the sovereignty and ming notifications under section 634A(a) of ‘‘(vi) the level and effectiveness of the territorial integrity of Iraq; and the Foreign Assistance Act of 1961 (22 U.S.C. Iraqi Police and other Ministry of Interior (iii) to fulfill commitments for the urgent 2394–1(a)). Such notice shall describe any Forces in provinces where the United States delivery of significant assistance and debt controls to be imposed on such item under has formally transferred responsibility for relief to Iraq, especially those made by the any other provision of law. the security of the province to the Iraqi Se- member states of the Gulf Cooperation Coun- (e) DEFINITIONS.—In this section: curity Forces under the Provincial Iraqi cil; and (1) DEFENSE ARTICLE.—The term ‘‘defense Control (PIC) process.’’. (B) convening a conference for Iraqis to article’’ has the meaning given the term in (b) EFFECTIVE DATE.—The amendments reach an agreement on a comprehensive po- section 644(d) of the Foreign Assistance Act made by subsection (a) shall apply with re- litical settlement based on the federalism of 1961 (22 U.S.C. 2403(d)). spect to each report required to be submitted law approved by the Iraqi Parliament on Oc- (2) SMALL ARMS.—The term ‘‘small arms’’ to Congress under section 9010 of the Depart- tober 11, 2006; means— ment of Defense Appropriations Act, 2007 on (4) the United States should urge the Gov- (A) handguns; or after the date of the enactment of this ernment of Iraq to quickly agree upon and (B) shoulder-fired weapons; Act. implement a law providing for the equitable (C) light automatic weapons up to and in- SEC. 1225. REPORT ON SUPPORT FROM IRAN FOR distribution of oil revenues, which is a crit- cluding .50 caliber machine guns; ATTACKS AGAINST COALITION ical component of a comprehensive political (D) recoilless rifles up to and including FORCES IN IRAQ. settlement in Iraq, including a potential set- 106mm; (a) REPORT REQUIRED.—Not later than 60 tlement based upon federalism; (E) mortars up to and including 81mm; days after the date of the enactment of this (5) the steps described in paragraphs (2), (F) rocket launchers, man-portable; Act, and every 180 days thereafter, the Sec- (3), and (4) could lead to an Iraq that is sta- (G) grenade launchers, rifle and shoulder retary of Defense, in coordination with the ble, not a haven for terrorists, and not a fired; and Director of National Intelligence, shall sub- threat to its neighbors; (H) individually-operated weapons which mit to the congressional defense committees (6) in pursuit of a political settlement in are portable or can be fired without special a report describing and assessing in detail— Iraq, whether based on federalism or not, the mounts or firing devices and which have po- (1) any support or direction provided to United States should call on Iraq’s neighbors tential use in civil disturbances and are vul- anti-coalition forces in Iraq by the Govern- to pledge not to militarily intervene in or nerable to theft. ment of Iran or its agents; destabilize Iraq; and (3) SPECIFIED CONGRESSIONAL COMMITTEES.— (2) the strategy and ambitions in Iraq of (7) nothing in this Act should be construed The term ‘‘specified congressional commit- the Government of Iran; and in any way to infringe on the sovereign tees’’ means—

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(A) the Committee on Foreign Affairs and be considered an employee who determines (3) DUTIES AND RESPONSIBILITIES UNDER IN- the Committee on Armed Services of the policies to be pursued by the United States SPECTOR GENERAL ACT OF 1978.—In addition to House of Representatives; and in the nationwide administration of Federal the duties specified in paragraphs (1) and (2), (B) the Committee on Foreign Relations, law. the Inspector General shall also have the du- the Committee on Armed Services, and the (6) REMOVAL.—The Inspector General shall ties and responsibilities of inspectors general Committee on Banking, Housing, and Urban be removable from office in accordance with under the Inspector General Act of 1978. Affairs of the Senate. the provisions of section 3(b) of the Inspector (4) COORDINATION OF EFFORTS.—In carrying (f) EFFECTIVE DATE.— General Act of 1978 (5 U.S.C. App.). out the duties, responsibilities, and authori- (1) IN GENERAL.—Except as provided in (d) ASSISTANT INSPECTORS GENERAL.—The ties of the Inspector General under this sec- paragraph (2), this section shall take effect Inspector General shall, in accordance with tion, the Inspector General shall coordinate 180 days after the date of the enactment of applicable laws and regulations governing with, and receive the cooperation of each of this Act. the civil service— the following: (2) EXCEPTION.—The President may delay (1) appoint an Assistant Inspector General (A) The Inspector General of the Depart- the effective date of this section by an addi- for Auditing who shall have the responsi- ment of Defense. tional period of up to 90 days if the President bility for supervising the performance of au- (B) The Inspector General of the Depart- certifies in writing to the specified congres- diting activities relating to programs and ment of State. sional committees for such additional period operations supported by amounts appro- (C) The Inspector General of the United that it is in the vital interest of the United priated or otherwise made available for the States Agency for International Develop- States to do so and includes in the certifi- reconstruction of Afghanistan; and ment. cation a description of such vital interest. (2) appoint an Assistant Inspector General (g) POWERS AND AUTHORITIES.— SEC. 1229. SPECIAL INSPECTOR GENERAL FOR for Investigations who shall have the respon- (1) AUTHORITIES UNDER INSPECTOR GENERAL AFGHANISTAN RECONSTRUCTION. sibility for supervising the performance of ACT OF 1978.—In carrying out the duties speci- (a) PURPOSES.—The purposes of this section investigative activities relating to such pro- fied in subsection (f), the Inspector General are as follows: grams and operations. shall have the authorities provided in sec- (1) To provide for the independent and ob- (e) SUPERVISION.— tion 6 of the Inspector General Act of 1978, jective conduct and supervision of audits and (1) IN GENERAL.—Except as provided in including the authorities under subsection investigations relating to the programs and paragraph (2), the Inspector General shall re- (e) of such section. operations funded with amounts appro- port directly to, and be under the general su- (2) AUDIT STANDARDS.—The Inspector Gen- priated or otherwise made available for the pervision of, the Secretary of State and the eral shall carry out the duties specified in reconstruction of Afghanistan. Secretary of Defense. subsection (f)(1) in accordance with section (2) To provide for the independent and ob- (2) INDEPENDENCE TO CONDUCT INVESTIGA- 4(b)(1) of the Inspector General Act of 1978. jective leadership and coordination of, and TIONS AND AUDITS.—No officer of the Depart- (h) PERSONNEL, FACILITIES, AND OTHER RE- recommendations on, policies designed to— ment of Defense, the Department of State, or SOURCES.— (A) promote economy efficiency, and effec- the United States Agency for International (1) PERSONNEL.—The Inspector General tiveness in the administration of the pro- Development shall prevent or prohibit the may select, appoint, and employ such offi- grams and operations described in paragraph Inspector General from initiating, carrying cers and employees as may be necessary for (1); and out, or completing any audit or investiga- carrying out the duties of the Inspector Gen- (B) prevent and detect waste, fraud, and tion related to amounts appropriated or oth- eral, subject to the provisions of title 5, abuse in such programs and operations. erwise made available for the reconstruction United States Code, governing appointments (3) To provide for an independent and ob- of Afghanistan or from issuing any subpoena in the competitive service, and the provi- jective means of keeping the Secretary of during the course of any such audit or inves- sions of chapter 51 and subchapter III of State and the Secretary of Defense fully and tigation. chapter 53 of such title, relating to classi- currently informed about problems and defi- (f) DUTIES.— fication and General Schedule pay rates. ciencies relating to the administration of (1) OVERSIGHT OF AFGHANISTAN RECON- (2) EMPLOYMENT OF EXPERTS AND CONSULT- such programs and operations and the neces- STRUCTION.—It shall be the duty of the In- ANTS.—The Inspector General may obtain sity for and progress on corrective action. spector General to conduct, supervise, and services as authorized by section 3109 of title (b) OFFICE OF INSPECTOR GENERAL.—There coordinate audits and investigations of the 5, United States Code, at daily rates not to is hereby established the Office of the Spe- treatment, handling, and expenditure of exceed the equivalent rate prescribed for cial Inspector General for Afghanistan Re- amounts appropriated or otherwise made grade GS–15 of the General Schedule by sec- construction to carry out the purposes of available for the reconstruction of Afghani- tion 5332 of such title. subsection (a). stan, and of the programs, operations, and (3) CONTRACTING AUTHORITY.—To the extent (c) APPOINTMENT OF INSPECTOR GENERAL; contracts carried out utilizing such funds, and in such amounts as may be provided in REMOVAL.— including— advance by appropriations Acts, the Inspec- (1) APPOINTMENT.—The head of the Office of (A) the oversight and accounting of the ob- tor General may enter into contracts and the Special Inspector General for Afghani- ligation and expenditure of such funds; other arrangements for audits, studies, anal- stan Reconstruction is the Special Inspector (B) the monitoring and review of recon- yses, and other services with public agencies General for Afghanistan Reconstruction (in struction activities funded by such funds; and with private persons, and make such this section referred to as the ‘‘Inspector (C) the monitoring and review of contracts payments as may be necessary to carry out General’’), who shall be appointed by the funded by such funds; the duties of the Inspector General. President. The President may appoint the (D) the monitoring and review of the trans- (4) RESOURCES.—The Secretary of State or Special Inspector General for Iraq Recon- fer of such funds and associated information the Secretary of Defense, as appropriate, struction to serve as the Special Inspector between and among departments, agencies, shall provide the Inspector General with ap- General for Afghanistan Reconstruction, in and entities of the United States and private propriate and adequate office space at appro- which case the Special Inspector General for and nongovernmental entities; priate locations of the Department of State Iraq Reconstruction shall have all of the du- (E) the maintenance of records on the use or the Department of Defense, as the case ties, responsibilities, and authorities set of such funds to facilitate future audits and may be, in Afghanistan, together with such forth under this section with respect to such investigations of the use of such fund; equipment, office supplies, and communica- appointed position for the purpose of car- (F) the monitoring and review of the effec- tions facilities and services as may be nec- rying out this section. tiveness of United States coordination with essary for the operation of such offices, and (2) QUALIFICATIONS.—The appointment of the Government of Afghanistan and other shall provide necessary maintenance services the Inspector General shall be made solely donor countries in the implementation of the for such offices and the equipment and facili- on the basis of integrity and demonstrated Afghanistan Compact and the Afghanistan ties located therein. ability in accounting, auditing, financial National Development Strategy; and (5) ASSISTANCE FROM FEDERAL AGENCIES.— analysis, law, management analysis, public (G) the investigation of overpayments such (A) IN GENERAL.—Upon request of the In- administration, or investigations. as duplicate payments or duplicate billing spector General for information or assist- (3) DEADLINE FOR APPOINTMENT.—The ap- and any potential unethical or illegal ac- ance from any department, agency, or other pointment of an individual as Inspector Gen- tions of Federal employees, contractors, or entity of the Federal Government, the head eral shall be made not later than 30 days affiliated entities and the referral of such re- of such entity shall, insofar as is practicable after the date of the enactment of this Act. ports, as necessary, to the Department of and not in contravention of any existing law, (4) COMPENSATION.—The annual rate of Justice to ensure further investigations, furnish such information or assistance to the basic pay of the Inspector General shall be prosecutions, recovery of further funds, or Inspector General, or an authorized designee. the annual rate of basic pay provided for po- other remedies. (B) REPORTING OF REFUSED ASSISTANCE.— sitions at level IV of the Executive Schedule (2) OTHER DUTIES RELATED TO OVERSIGHT.— Whenever information or assistance re- under section 5315 of title 5, United States The Inspector General shall establish, main- quested by the Inspector General is, in the Code. tain, and oversee such systems, procedures, judgment of the Inspector General, unrea- (5) PROHIBITION ON POLITICAL ACTIVITIES.— and controls as the Inspector General con- sonably refused or not provided, the Inspec- For purposes of section 7324 of title 5, United siders appropriate to discharge the duties tor General shall report the circumstances States Code, the Inspector General shall not under paragraph (1). to the Secretary of State or the Secretary of

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00162 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.067 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H189 Defense, as appropriate, and to the appro- (iv) the justification and approval docu- that the waiver is justified for national secu- priate congressional committees without ments on which was based the determination rity reasons. delay. to use procedures other than procedures that (2) NOTICE OF WAIVER.—The President shall (6) USE OF PERSONNEL, FACILITIES, AND provide for full and open competition. publish a notice of each waiver made under OTHER RESOURCES OF THE OFFICE OF THE SPE- (2) COVERED CONTRACTS, GRANTS, AGREE- this subsection in the Federal Register no CIAL INSPECTOR GENERAL FOR IRAQ RECON- MENTS, AND FUNDING MECHANISMS.—A con- later than the date on which a report re- STRUCTION.—Upon the request of the Inspec- tract, grant, agreement, or other funding quired under subsection (i), or any comment tor General, the Special Inspector General mechanism described in this paragraph is under subsection (j)(2), is submitted to the for Iraq Reconstruction— any major contract, grant, agreement, or appropriate congressional committees. The (A) may detail, on a reimbursable basis, other funding mechanism that is entered report and comments shall specify whether any of the personnel of the Office of the Spe- into by any department or agency of the waivers under this subsection were made and cial Inspector General for Iraq Reconstruc- United States Government that involves the with respect to which elements in the report tion to the Office of the Inspector General use of amounts appropriated or otherwise or which comments, as appropriate. made available for the reconstruction of Af- for Afghanistan Reconstruction for the pur- (m) DEFINITIONS.—In this section: ghanistan with any public or private sector pose of carrying out this section; and (1) AMOUNTS APPROPRIATED OR OTHERWISE entity for any of the following purposes: (B) may provide, on a reimbursable basis, MADE AVAILABLE FOR THE RECONSTRUCTION OF (A) To build or rebuild physical infrastruc- any of the facilities or other resources of the AFGHANISTAN.—The term ‘‘amounts appro- Office of the Special Inspector General for ture of Afghanistan. priated or otherwise made available for the Iraq Reconstruction to the Office of the In- (B) To establish or reestablish a political reconstruction of Afghanistan’’ means— or societal institution of Afghanistan. spector General for Afghanistan Reconstruc- (A) amounts appropriated or otherwise (C) To provide products or services to the tion for the purpose of carrying out this sec- made available for any fiscal year— people of Afghanistan. tion. (i) to the Afghanistan Security Forces (3) PUBLIC AVAILABILITY.—The Inspector (i) REPORTS.— Fund; or General shall publish on a publically-avail- (1) QUARTERLY REPORTS.—Not later than 30 (ii) to the program to assist the people of able Internet website each report under para- days after the end of each fiscal-year quar- Afghanistan established under subsection graph (1) of this subsection in English and (a)(2) of section 1202 of the National Defense ter, the Inspector General shall submit to other languages that the Inspector General Authorization for Fiscal Year 2006 (Public the appropriate congressional committees a determines are widely used and understood report summarizing, for the period of that in Afghanistan. Law 109–163; 119 Stat. 3455–3456); and quarter and, to the extent possible, the pe- (B) amounts appropriated or otherwise (4) FORM.—Each report required under this riod from the end of such quarter to the time subsection shall be submitted in unclassified made available for any fiscal year for the re- of the submission of the report, the activi- form, but may include a classified annex if construction of Afghanistan under— ties during such period of the Inspector Gen- the Inspector General considers it necessary. (i) the Economic Support Fund; (ii) the International Narcotics Control eral and the activities under programs and (5) RULE OF CONSTRUCTION.—Nothing in this operations funded with amounts appro- subsection shall be construed to authorize and Law Enforcement account; or priated or otherwise made available for the the public disclosure of information that is— (iii) any other provision of law. reconstruction of Afghanistan. Each report (A) specifically prohibited from disclosure (2) APPROPRIATE CONGRESSIONAL COMMIT- shall include, for the period covered by such by any other provision of law; TEES.—The term ‘‘appropriate congressional report, a detailed statement of all obliga- (B) specifically required by Executive committees’’ means— tions, expenditures, and revenues associated order to be protected from disclosure in the (A) the Committees on Appropriations, with reconstruction and rehabilitation ac- interest of national defense or national secu- Armed Services, and Foreign Relations of tivities in Afghanistan, including the fol- rity or in the conduct of foreign affairs; or the Senate; and lowing: (C) a part of an ongoing criminal investiga- (B) the Committees on Appropriations, (A) Obligations and expenditures of appro- tion. Armed Services, and Foreign Affairs of the priated funds. (j) REPORT COORDINATION.— House of Representatives. (B) A project-by-project and program-by- (1) SUBMISSION TO SECRETARIES OF STATE (n) AUTHORIZATION OF APPROPRIATIONS.— program accounting of the costs incurred to AND DEFENSE.—The Inspector General shall (1) IN GENERAL.—There is authorized to be date for the reconstruction of Afghanistan, also submit each report required under sub- appropriated $20,000,000 for fiscal year 2008 to together with the estimate of the Depart- section (i) to the Secretary of State and the carry out this section. ment of Defense, the Department of State, Secretary of Defense. (2) OFFSET.—The amount authorized to be and the United States Agency for Inter- (2) SUBMISSION TO CONGRESS.—Not later appropriated by section 1513 for the Afghani- national Development, as applicable, of the than 30 days after receipt of a report under stan Security Forces Fund is hereby reduced costs to complete each project and each pro- paragraph (1), the Secretary of State or the by $20,000,000. gram. Secretary of Defense may submit to the ap- (o) TERMINATION.— (C) Revenues attributable to or consisting propriate congressional committees any (1) IN GENERAL.—The Office of the Special of funds provided by foreign nations or inter- comments on the matters covered by the re- Inspector General for Afghanistan Recon- national organizations to programs and port as the Secretary of State or the Sec- struction shall terminate 180 days after the projects funded by any department or agency retary of Defense, as the case may be, con- date on which amounts appropriated or oth- of the United States Government, and any siders appropriate. Any comments on the erwise made available for the reconstruction obligations or expenditures of such revenues. matters covered by the report shall be sub- of Afghanistan that are unexpended are less (D) Revenues attributable to or consisting mitted in unclassified form, but may include than $250,000,000. of foreign assets seized or frozen that con- a classified annex if the Secretary of State (2) FINAL REPORT.—The Inspector General tribute to programs and projects funded by or the Secretary of Defense, as the case may shall, prior to the termination of the Office any department or agency of the United be, considers it necessary. of the Special Inspector General for Afghani- States Government, and any obligations or (k) TRANSPARENCY.— stan Reconstruction under paragraph (1), expenditures of such revenues. (1) REPORT.—Not later than 60 days after prepare and submit to the appropriate con- (E) Operating expenses of agencies or enti- submission to the appropriate congressional gressional committees a final forensic audit ties receiving amounts appropriated or oth- committees of a report under subsection (i), report on programs and operations funded erwise made available for the reconstruction the Secretary of State and the Secretary of with amounts appropriated or otherwise of Afghanistan. Defense shall jointly make copies of the re- made available for the reconstruction of Af- (F) In the case of any contract, grant, port available to the public upon request, ghanistan. agreement, or other funding mechanism de- and at a reasonable cost. scribed in paragraph (2)— (2) COMMENTS ON MATTERS COVERED BY RE- SEC. 1230. REPORT ON PROGRESS TOWARD SECU- RITY AND STABILITY IN AFGHANI- (i) the amount of the contract, grant, PORT.—Not later than 60 days after submis- STAN. agreement, or other funding mechanism; sion to the appropriate congressional com- (ii) a brief discussion of the scope of the mittees under subsection (j)(2) of comments (a) REPORT REQUIRED.—Not later than 90 contract, grant, agreement, or other funding on a report under subsection (i), the Sec- days after the date of the enactment of this mechanism; retary of State and the Secretary of Defense Act, and every 180 days thereafter through (iii) a discussion of how the department or shall jointly make copies of the comments the end of fiscal year 2010, the President, act- agency of the United States Government in- available to the public upon request, and at ing through the Secretary of Defense, shall volved in the contract, grant, agreement, or a reasonable cost. submit to the appropriate congressional other funding mechanism identified, and so- (l) WAIVER.— committees a report on progress toward se- licited offers from, potential individuals or (1) AUTHORITY.—The President may waive curity and stability in Afghanistan. entities to perform the contract, grant, the requirement under paragraph (1) or (2) of (b) COORDINATION.—The report required agreement, or other funding mechanism, to- subsection (k) with respect to availability to under subsection (a) shall be prepared in co- gether with a list of the potential individuals the public of any element in a report under ordination with the Secretary of State, the or entities that were issued solicitations for subsection (i), or any comment under sub- Director of National Intelligence, the Attor- the offers; and section (j)(2), if the President determines ney General, the Administrator of the Drug

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00163 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.068 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H190 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Enforcement Administration, the Adminis- (i) Improve coordination with all relevant narcotics strategy and activities of the Gov- trator of the United States Agency for Inter- departments and agencies of the Government ernment of Afghanistan, the NATO-led inter- national Development, the Secretary of Ag- of the United States, as well as NATO ISAF diction and security forces, other appro- riculture, and the head of any other depart- countries and other international partners. priate countries, and other counter-narcotics ment or agency of the Government of the (ii) Clarify the chain of command, and op- partners of the United States, and the re- United States involved with activities relat- erations plans for United States-led PRTs sults of such efforts. ing to security and stability in Afghanistan. that are appropriate to meet the needs of the (D) The progress made by the governments, (c) MATTERS TO BE INCLUDED: STRATEGIC relevant local communities. organizations, and entities specified in sub- DIRECTION OF UNITED STATES ACTIVITIES RE- (iii) Promote coordination among PRTs. paragraph (B) in executing designated roles LATING TO SECURITY AND STABILITY IN AF- (iv) Ensure that each PRT is adequately and missions, and in coordinating and imple- staffed, particularly with civilian specialists, menting counternarcotics plans and activi- GHANISTAN.—The report required under sub- section (a) shall include a description of a and that such staff receive appropriate train- ties, and based on the results of this progress comprehensive strategy of the United States ing. whether, and to what extent, roles and mis- for security and stability in Afghanistan. (v) Expand the ability of the Afghan people sions for the Department of Defense should The description of such strategy shall con- to assume greater responsibility for their be altered in the future, or should remain sist of a general overview and a separate de- own reconstruction and development unaltered. projects. (5) PUBLIC CORRUPTION AND RULE OF LAW.— tailed section for each of the following: (vi) Strengthen the partnership between A description of any actions, and the results (1) NORTH ATLANTIC TREATY ORGANIZATION the Government of the United States and the of such actions, to help the Government of INTERNATIONAL SECURITY ASSISTANCE FORCE.— Government of Afghanistan. Afghanistan fight public corruption and A description of the following: (vii) Ensure proper reconstruction and de- strengthen governance and the rule of law at (A) Efforts of the United States to work velopment oversight activities, including im- the local, provincial, and national levels. with countries participating in the North At- plementation, where appropriate, of rec- (6) REGIONAL CONSIDERATIONS.—A descrip- lantic Treaty Organization (NATO) Inter- ommendations of any United States inspec- tion of any actions and the results of such national Security Assistance Force (ISAF) in tors general, including the Special Inspector actions to increase cooperation with coun- Afghanistan (hereafter in this section re- General for Afghanistan Reconstruction ap- tries geographically located around Afghani- ferred to as ‘‘NATO ISAF countries’’). pointed pursuant to section 1229. stan’s border, with a particular focus on im- (B) Any actions by the United States to (4) COUNTER-NARCOTICS ACTIVITIES.—A de- proving security and stability in the Afghan- achieve the following goals relating to scription of the following: istan-Pakistan border areas. strengthening the NATO ISAF, and the re- (A) A comprehensive and effective long- (d) MATTERS TO BE INCLUDED: PERFORM- sults of such actions: term strategy and budget, with defined ob- ANCE INDICATORS AND MEASURES OF PROGRESS (i) Encourage NATO ISAF countries to ful- jectives, for the activities of the Department TOWARD SUSTAINABLE LONG-TERM SECURITY fill commitments to the NATO ISAF mission of Defense relating to counter-narcotics ef- AND STABILITY IN AFGHANISTAN.— in Afghanistan, and ensure adequate con- forts in Afghanistan, including— (1) IN GENERAL.—The report required under tributions to efforts to build the capacity of (i) roles and missions of the Department of subsection (a) shall set forth a comprehen- the Afghanistan National Security Forces Defense within the overall counter-narcotics sive set of performance indicators and meas- (ANSF), counter-narcotics efforts, and recon- strategy for Afghanistan of the Government ures of progress toward sustainable long- struction and development activities in Af- of the United States, including a statement term security and stability in Afghanistan, ghanistan. of priorities; as specified in paragraph (2), and shall in- (ii) Remove national caveats on the use of (ii) a detailed, comprehensive, and effec- clude performance standards and progress forces deployed as part of the NATO ISAF. tive strategy with defined one-year, three- goals, together with a notional timetable for (iii) Reduce the number of civilian casual- year, and five-year objectives and a descrip- achieving such goals. ties resulting from military operations of tion of the accompanying allocation of re- (2) PERFORMANCE INDICATORS AND MEASURES NATO ISAF countries and mitigate the im- sources of the Department of Defense to ac- OF PROGRESS SPECIFIED.—The performance pact of such casualties on the Afghan people. complish such objectives; indicators and measures of progress specified (2) AFGHANISTAN NATIONAL SECURITY (iii) in furtherance of the strategy de- in this paragraph shall include, at a min- FORCES.—A description of the following: scribed in clause (i), actions that the Depart- imum, the following: (A) A comprehensive and effective long- ment of Defense is taking and has planned to (A) With respect to the NATO ISAF, an as- term strategy and budget, with defined ob- take to— sessment of unfulfilled NATO ISAF mission jectives, for activities relating to strength- (I) improve coordination within the De- requirements and contributions from indi- ening the resources, capabilities, and effec- partment of Defense and with all relevant vidual NATO ISAF countries, including lev- tiveness of the Afghanistan National Army departments and agencies of the Government els of troops and equipment, the effect of (ANA) and the Afghanistan National Police of the United States; contributions on operations, and unfulfilled (ANP) of the ANSF, with the goal of ensur- (II) strengthen significantly the Afghani- commitments. ing that a strong and fully-capable ANSF is stan National Counter-narcotics Police; (B) An assessment of military operations able to independently and effectively con- (III) build the capacity of local and provin- of the NATO ISAF, including of NATO ISAF duct operations and maintain security and cial governments of Afghanistan and the na- countries, and an assessment of separate stability in Afghanistan. tional Government of Afghanistan to assume military operations by United States forces. (B) Any actions by the United States to greater responsibility for counter-narcotics- Such assessments shall include— achieve the following goals relating to build- related activities, including interdiction; (i) indicators of a stable security environ- ing the capacity of the ANSF, and the re- and ment in Afghanistan, such as number of en- sults of such actions: (IV) improve counter-narcotics-related in- gagements per day, and trends relating to (i) Improve coordination with all relevant telligence capabilities and tactical use of the numbers and types of hostile encounters; departments and agencies of the Government such capabilities by the Department of De- and of the United States, as well as NATO ISAF fense and other appropriate departments and (ii) the effects of national caveats that countries and other international partners. agencies of the Government of the United limit operations, geographic location of op- (ii) Improve ANSF recruitment and reten- States; and erations, and estimated number of civilian tion, including through improved vetting (iv) the impact, if any, including the dis- casualties. and salaries for the ANSF. advantages and advantages, if any, on the (C) For the Afghanistan National Army (iii) Increase and improve ANSF training primary counter-terrorism mission of the (ANA), and separately for the Afghanistan and mentoring. United States military of providing en- National Police (ANP), of the Afghanistan (iv) Strengthen the partnership between hanced logistical support to departments and National Security Forces (ANSF) an assess- the Government of the United States and the agencies of the Government of the United ment of the following: Government of Afghanistan. States and counter-narcotics partners of the (i) Recruitment and retention numbers, (3) PROVINCIAL RECONSTRUCTION TEAMS AND United States in their interdiction efforts, rates of absenteeism, vetting procedures, and OTHER RECONSTRUCTION AND DEVELOPMENT AC- including apprehending or eliminating major salary scale. TIVITIES.—A description of the following: drug traffickers in Afghanistan. (ii) Numbers trained, numbers receiving (A) A comprehensive and effective long- (B) The counter-narcotics roles and mis- mentoring, the type of training and men- term strategy and budget, with defined ob- sions assumed by the local and provincial toring, and number of trainers, mentors, and jectives, for reconstruction and development governments of Afghanistan and the na- advisers needed to support the ANA and ANP in Afghanistan, including a long-term strat- tional Government of Afghanistan, appro- and associated ministries. egy with a mission and objectives for each priate departments and agencies of the Gov- (iii) Type of equipment used. United States-led Provincial Reconstruction ernment of the United States (other than the (iv) Operational readiness status of ANSF Team (PRT) in Afghanistan. Department of Defense), the NATO ISAF, units, including the type, number, size, and (B) Any actions by the United States to and the governments of other countries. organizational structure of ANA and ANP achieve the following goals with respect to (C) The plan and efforts to coordinate the units that are— reconstruction and development in Afghani- counter-narcotics strategy and activities of (I) capable of conducting operations inde- stan, and the results of such actions: the Department of Defense with the counter- pendently;

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00164 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.068 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H191 (II) capable of conducting operations with SEC. 1231. UNITED STATES PLAN FOR SUS- in other pillars of the Afghan security sec- the support of the United States, NATO TAINING THE AFGHANISTAN NA- tor, particularly progress on building an ef- ISAF forces, or other coalition forces; or TIONAL SECURITY FORCES. fective judiciary, curbing production and (III) not ready to conduct operations. (a) PLAN REQUIRED.—Not later than 90 days trafficking of illicit narcotics, and demobi- (v) Effectiveness of ANA and ANP officers after the date of the enactment of this Act, lizing, disarming, and reintegrating militia and the ANA and ANP chain of command. and annually thereafter through the end of fighters. (vi) Extent to which insurgents have infil- fiscal year 2010, the Secretary of Defense (d) APPROPRIATE CONGRESSIONAL COMMIT- trated the ANA and ANP. shall submit to the appropriate congres- TEES DEFINED.—In this section, the term (vii) Estimated number and capability sional committees a report on a long-term ‘‘appropriate congressional committees’’ level of the ANA and ANP needed to perform detailed plan for sustaining the Afghanistan means— duties now undertaken by NATO ISAF coun- National Army (ANA) and the Afghanistan National Police (ANP) of the Afghanistan (1) the Committee on Armed Services, the tries, separate United States forces and National Security Forces (ANSF), with the Committee on Appropriations, and the Com- other coalition forces, including defending objective of ensuring that a strong and fully- mittee on Foreign Affairs of the House of the borders of Afghanistan and providing capable ANSF will be able to independently Representatives; and adequate levels of law and order throughout and effectively conduct operations and main- (2) the Committee on Armed Services, the Afghanistan. tain long-term security and stability in Af- Committee on Appropriations, and the Com- (D) An assessment of the estimated ghanistan. mittee on Foreign Relations of the Senate. strength of the insurgency in Afghanistan (b) COORDINATION.—The report required and the extent to which it is composed of under subsection (a) shall be prepared in co- SEC. 1232. REPORT ON ENHANCING SECURITY non-Afghan fighters and utilizing weapons or ordination with the Secretary of State. AND STABILITY IN THE REGION ALONG THE BORDER OF AFGHANI- weapons-related materials from countries (c) MATTERS TO BE INCLUDED.—The report STAN AND PAKISTAN. other than Afghanistan. required under subsection (a) shall include a (E) A description of all terrorist and insur- description of the following matters relating (a) REPORT REQUIRED.— gent groups operating in Afghanistan, in- to the plan for sustaining the ANSF: (1) IN GENERAL.—Not later than March 31, cluding the number, size, equipment (1) A comprehensive and effective long- 2008, the Secretary of Defense, in consulta- strength, military effectiveness, sources of term strategy and budget, with defined ob- tion with the Secretary of State, shall sub- support, legal status, and any efforts to dis- jectives. mit to the appropriate congressional com- arm or reintegrate each such group. (2) A mechanism for tracking funding, mittees a report on enhancing security and (F) An assessment of security and sta- equipment, training, and services provided stability in the region along the border of bility, including terrorist and insurgent ac- for the ANSF by the United States, countries Afghanistan and Pakistan. tivity, in Afghanistan-Pakistan border areas participating in the North Atlantic Treaty (2) MATTERS TO BE INCLUDED.—The report and in Pakistan’s Federally Administered Organization (NATO) International Security required under paragraph (1) shall include Tribal Areas. Assistance Force (ISAF) in Afghanistan the following: (G) An assessment of United States mili- (hereafter in this section referred to as (A) A detailed description of the efforts by tary requirements, including planned force ‘‘NATO ISAF countries’’), and other coali- the Government of Pakistan to achieve the rotations, for the twelve-month period fol- tion forces that are not part of the NATO following objectives: lowing the date of the report required under ISAF. (i) Eliminate safe havens for Taliban, Al subsection (a). (3) Any actions to assist the Government Qaeda, and other violent extremist forces on (H) For reconstruction and development, of Afghanistan achieve the following goals, the national territory of Pakistan. an assessment of the following: and the results of such actions: (ii) Prevent the movement of such forces (i) The location, funding (including the (A) Build and sustain effective Afghan se- across the border of Pakistan into Afghani- sources of funding), staffing requirements, curity institutions with fully-capable leader- stan to engage in insurgent or terrorist ac- current staffing levels, and activities of each ship and staff, including a reformed Ministry tivities. United States-led Provincial Reconstruction of Interior, a fully-established Ministry of (B) An assessment of the Secretary of De- Team. Defense, and logistics, intelligence, medical, fense as to whether Pakistan is making sub- (ii) Key indicators of economic activity and recruiting units (hereafter in this sec- stantial and sustained efforts to achieve the that should be considered the most impor- tion referred to as ‘‘ANSF-sustaining insti- objectives specified in subparagraph (A). tant for determining the prospects of sta- tutions’’). (3) FORM.—The report required under para- bility in Afghanistan, including— (B) Train and equip fully-capable ANSF graph (1) shall be submitted in unclassified (I) the indicators set forth in the Afghani- that are capable of conducting operations form, but may include a classified annex. stan Compact, which consist of roads, edu- independently and in sufficient numbers. (4) LIMITATION.— cation, health, agriculture, and electricity; (C) Establish strong ANSF-readiness as- (A) IN GENERAL.—If the Secretary of De- and sessment tools and metrics. fense does not submit the report required (II) unemployment and poverty levels. (D) Build and sustain strong, professional under paragraph (1) by March 31, 2008, then (I) For counter-narcotics efforts, an assess- ANSF officers at the junior-, mid-, and sen- after such date the Government of Pakistan ment of the activities of the Department of ior-levels. may not be reimbursed under the authority Defense in Afghanistan, as described in sub- (E) Develop strong ANSF communication of any provision of law described in subpara- section (c)(4), and the effectiveness of such and control between central command and graph (B) for logistical, military, or other activities. regions, provinces, and districts. support provided by Pakistan to the United (J) Key measures of political stability re- (F) Establish a robust mentoring and ad- States until the Secretary submits to the ap- lating to both central and local Afghan gov- vising program, and a strong professional propriate congressional committees the re- ernance. military training and education program, for port required by such paragraph. all ANSF officials. (K) For public corruption and rule of law, (B) PROVISIONS OF LAW.—The provisions of (G) Establish effective merit-based salary, an assessment of anti-corruption and law en- law referred to in subparagraph (A) are the rank, promotion, and incentive structures forcement activities at the local, provincial, following: for the ANSF. and national levels and the effectiveness of (i) Section 1233. (H) Develop mechanisms for incorporating such activities. (ii) Any other provision of law under which lessons learned and best practices into ANSF (e) FORM.—The report required under sub- payments are authorized to reimburse key operations. section (a) shall be submitted in unclassified cooperating nations for logistical, military, (I) Establish an ANSF personnel account- form, but may include a classified annex, if or other support provided by that nation to ability system with effective internal dis- necessary. or in connection with United States military cipline procedures and mechanisms, and a (f) CONGRESSIONAL BRIEFINGS.—The Sec- operations. retary of Defense shall supplement the re- system for addressing ANSF personnel com- (5) APPROPRIATE CONGRESSIONAL COMMIT- port required under subsection (a) with reg- plaints. TEES DEFINED.—In this subsection, the term ular briefings to the appropriate congres- (J) Ensure effective ANSF oversight mech- ‘‘appropriate congressional committees’’ sional committees on the subject matter of anisms, including a strong record-keeping means— the report. system to track ANSF equipment and per- (A) the Committee on Armed Services, the (g) APPROPRIATE CONGRESSIONAL COMMIT- sonnel. Committee on Appropriations, and the Com- TEES DEFINED.—In this section, the term (4) Coordination with all relevant depart- ‘‘appropriate congressional committees’’ ments and agencies of the Government of the mittee on Foreign Affairs of the House of means— United States, as well as NATO ISAF coun- Representatives; and (1) the Committee on Armed Services, the tries and other international partners, in- (B) the Committee on Armed Services, the Committee on Appropriations, and the Com- cluding on— Committee on Appropriations, and the Com- mittee on Foreign Affairs of the House of (A) funding; mittee on Foreign Relations of the Senate. Representatives; and (B) reform and establishment of ANSF-sus- (b) NOTIFICATION RELATING TO DEPARTMENT (2) the Committee on Armed Services, the taining institutions; and OF DEFENSE COALITION SUPPORT FUNDS FOR Committee on Appropriations, and the Com- (C) efforts to ensure that progress on sus- PAKISTAN.— mittee on Foreign Relations of the Senate. taining the ANSF is reinforced with progress (1) NOTIFICATION.—

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(A) IN GENERAL.—Not less than 15 days be- authority in subsection (a) during fiscal year tion with the Secretary of Homeland Secu- fore making any reimbursement to the Gov- 2008 may not exceed $1,200,000,000. rity, may suspend in-country processing ernment of Pakistan under the authority of (2) PROHIBITION ON CONTRACTUAL OBLIGA- under subsection (a) for a period not to ex- any provision of law described in subpara- TIONS TO MAKE PAYMENTS.—The Secretary of ceed 90 days. Such suspension may be ex- graph (B) for logistical, military, or other Defense may not enter into any contractual tended by the Secretary of State upon notifi- support provided by Pakistan to the United obligation to make a reimbursement under cation to the Committee on the Judiciary of States, the Secretary of Defense shall submit the authority in subsection (a). the House of Representatives, the Committee to the congressional defense committees a (d) NOTICE TO CONGRESS.—The Secretary of on Foreign Affairs of the House of Represent- written notification that contains a detailed Defense shall— atives, the Committee on the Judiciary of description of such logistical, military, or (1) notify the congressional defense com- the Senate, and the Committee on Foreign other support. mittees not less than 15 days before making Relations of the Senate. The Secretary of (B) PROVISIONS OF LAW.—The provisions of any reimbursement under the authority in State shall submit to such committees a re- law referred to in subparagraph (A) are the subsection (a); and port outlining the basis of any such suspen- following: (2) submit to the congressional defense sion and any extensions thereof. (i) Section 1233. committees on a quarterly basis a report on (c) REPORT.—Not later than 90 days after (ii) Any other provision of law under which any reimbursements made under the author- the date of the enactment of this Act, the payments are authorized to reimburse key ity in subsection (a) during such quarter. Secretary of State, in consultation with the cooperating nations for logistical, military, SEC. 1234. LOGISTICAL SUPPORT FOR COALITION Secretary of Homeland Security, shall sub- or other support provided by that nation to FORCES SUPPORTING OPERATIONS mit to the committees specified in sub- or in connection with United States military IN IRAQ AND AFGHANISTAN. section (b) a report that— operations. (a) AVAILABILITY OF FUNDS FOR LOGISTICAL (1) describes the Secretary of State’s plans (2) MATTERS TO BE INCLUDED.—Each notifi- SUPPORT.—Subject to the provisions of this to establish the processing mechanisms re- cation required under paragraph (1) shall in- section, amounts available to the Depart- quired under subsection (a); clude an itemized description of the fol- ment of Defense for fiscal year 2008 for oper- (2) contains an assessment of in-country lowing support provided by Pakistan to the ation and maintenance may be used to pro- processing that makes use of video- United States for which the United States vide supplies, services, transportation (in- conferencing; and will provide reimbursement: cluding airlift and sealift), and other (3) describes the Secretary of State’s diplo- (A) Logistic support, supplies, and services, logistical support to coalition forces sup- matic efforts to improve issuance of exit per- as such term is defined in section 2350(1) of porting United States military and stabiliza- mits to Iraqis who have been provided spe- title 10, United States Code. tion operations in Iraq and Afghanistan. cial immigrant status under section 1244 and (B) Military support. (b) REQUIRED DETERMINATION.—The Sec- Iraqi refugees under section 1243. (C) Any other support or services. retary may provide logistical support under SEC. 1243. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES. (3) FORM.—Each notification required the authority in subsection (a) only if the under paragraph (1) shall be submitted in un- Secretary determines that the coalition (a) IN GENERAL.—Refugees of special hu- classified form, but may include a classified forces to be provided the logistical support— manitarian concern eligible for Priority 2 annex. (1) are essential to the success of a United processing under the refugee resettlement priority system who may apply directly to (4) RELATIONSHIP TO OTHER NOTIFICATION States military or stabilization operation; the United States Admission Program shall REQUIREMENTS.—Each notification required and include— under paragraph (1) shall be in addition to (2) would not be able to participate in such (1) Iraqis who were or are employed by the any notification requirements under any operation without the provision of the United States Government, in Iraq; provision of law described in subparagraph logistical support. (2) Iraqis who establish to the satisfaction (B) of such paragraph. (c) COORDINATION WITH EXPORT CONTROL of the Secretary of State that they are or (5) EFFECTIVE DATE.—The requirement to LAWS.—Logistical support may be provided were employed in Iraq by— submit notifications under paragraph (1) under the authority in subsection (a) only in (A) a media or nongovernmental organiza- shall apply with respect to reimbursements accordance with applicable provisions of the tion headquartered in the United States; or to the Government of Pakistan for logistical, Arms Export Control Act and other export (B) an organization or entity closely asso- military, or other support provided by Paki- control laws of the United States. ciated with the United States mission in Iraq stan to the United States during the period (d) LIMITATION ON VALUE.—The total that has received United States Government beginning on February 1, 2008, and ending on amount of logistical support provided under funding through an official and documented September 30, 2009. the authority in subsection (a) in fiscal year contract, award, grant, or cooperative agree- SEC. 1233. REIMBURSEMENT OF CERTAIN COALI- 2008 may not exceed $400,000,000. TION NATIONS FOR SUPPORT PRO- (e) QUARTERLY REPORTS.— ment; and VIDED TO UNITED STATES MILITARY (1) REPORTS REQUIRED.—Not later than 15 (3) spouses, children, and parents whether OPERATIONS. days after the end of each fiscal-year quarter or not accompanying or following to join, (a) AUTHORITY.—From funds made avail- of fiscal year 2008, the Secretary shall sub- and sons, daughters, and siblings of aliens able for the Department of Defense by sec- mit to the congressional defense committees described in paragraph (1), paragraph (2), or tion 1508 for operation and maintenance, De- a report on the provision of logistical sup- section 1244(b)(1); and fense-wide activities, the Secretary of De- port under the authority in subsection (a) (4) Iraqis who are members of a religious or fense may reimburse any key cooperating during such fiscal-year quarter. minority community, have been identified nation for logistical and military support (2) ELEMENTS.—Each report under para- by the Secretary of State, or the designee of provided by that nation to or in connection graph (1) shall include, for the fiscal-year the Secretary, as a persecuted group, and with United States military operations in quarter covered by such report, the fol- have close family members (as described in Operation Iraqi Freedom or Operation En- lowing: section 201(b)(2)(A)(i) or 203(a) of the Immi- during Freedom. (A) Each nation provided logistical support gration and Nationality Act (8 U.S.C. (b) AMOUNTS OF REIMBURSEMENT.— under the authority in subsection (a). 1151(b)(2)(A)(i) and 1153(a))) in the United (1) IN GENERAL.—Reimbursement author- (B) For each such nation, a description of States. ized by subsection (a) may be made in such the type and value of logistical support so (b) IDENTIFICATION OF OTHER PERSECUTED amounts as the Secretary of Defense, with provided. GROUPS.—The Secretary of State, or the des- the concurrence of the Secretary of State ignee of the Secretary, is authorized to iden- Subtitle C—Iraq Refugee Crisis and in consultation with the Director of the tify other Priority 2 groups of Iraqis, includ- Office of Management and Budget, may de- SEC. 1241. SHORT TITLE. ing vulnerable populations. termine, based on documentation deter- This subtitle may be cited as the ‘‘Refugee (c) INELIGIBLE ORGANIZATIONS AND ENTI- mined by the Secretary of Defense to ade- Crisis in Iraq Act of 2007’’. TIES.—Organizations and entities described quately account for the support provided. SEC. 1242. PROCESSING MECHANISMS. in subsection (a)(2) shall not include any (2) STANDARDS.—Not later than 30 days (a) IN GENERAL.—The Secretary of State, that appear on the Department of the Treas- after the date of the enactment of this Act, in consultation with the Secretary of Home- ury’s list of Specially Designated Nationals the Secretary of Defense shall prescribe land Security, shall establish or use existing or any entity specifically excluded by the standards for determining the kinds of refugee processing mechanisms in Iraq and Secretary of Homeland Security, after con- logistical and military support to the United in countries, where appropriate, in the re- sultation with the Secretary of State and States that shall be considered reimbursable gion in which— the heads of relevant elements of the intel- under the authority in subsection (a). Such (1) aliens described in section 1243 may ligence community (as defined in section 3(4) standards may not take effect until 15 days apply and interview for admission to the of the National Security Act of 1947 (50 after the date on which the Secretary sub- United States as refugees; and U.S.C. 401a(4)). mits to the congressional defense commit- (2) aliens described in section 1244(b) may (d) APPLICABILITY OF OTHER REQUIRE- tees a report setting forth such standards. apply and interview for admission to United MENTS.—Aliens under this section who qual- (c) LIMITATIONS.— States as special immigrants. ify for Priority 2 processing under the ref- (1) LIMITATION ON AMOUNT.—The total (b) SUSPENSION.—If such is determined nec- ugee resettlement priority system shall sat- amount of reimbursements made under the essary, the Secretary of State, in consulta- isfy the requirements of section 207 of the

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Immigration and Nationality Act (8 U.S.C. (4) APPROVAL BY CHIEF OF MISSION RE- eligible for resettlement assistance, entitle- 1157) for admission to the United States. QUIRED.—A recommendation or evaluation ment programs, and other benefits available (e) NUMERICAL LIMITATIONS.—In deter- required under paragraph (1)(C) shall be ac- to refugees admitted under section 207 of mining the number of Iraqi refugees who companied by approval from the Chief of such Act (8 U.S.C. 1157) for a period not to should be resettled in the United States Mission, or the designee of the Chief of Mis- exceed eight months. under paragraphs (2), (3), and (4) of sub- sion, who shall conduct a risk assessment of (h) RULE OF CONSTRUCTION.—Nothing in section (a) and subsection (b) of section 207 the alien and an independent review of this section may be construed to affect the of the Immigration and Nationality Act (8 records maintained by the United States authority of the Secretary of Homeland Se- U.S.C. 1157), the President shall consult with Government or hiring organization or entity curity under section 1059 of the National De- the heads of nongovernmental organizations to confirm employment and faithful and val- fense Authorization Act for Fiscal Year 2006. that have a presence in Iraq or experience in uable service to the United States Govern- SEC. 1245. SENIOR COORDINATOR FOR IRAQI assessing the problems faced by Iraqi refu- ment prior to approval of a petition under REFUGEES AND INTERNALLY DIS- gees. this section. PLACED PERSONS. (f) ELIGIBILITY FOR ADMISSION AS REF- (c) NUMERICAL LIMITATIONS.— (a) DESIGNATION IN IRAQ.—The Secretary of UGEE.—No alien shall be denied the oppor- (1) IN GENERAL.—The total number of prin- State shall designate in the embassy of the tunity to apply for admission under this sec- cipal aliens who may be provided special im- United States in Baghdad, Iraq, a Senior Co- tion solely because such alien qualifies as an migrant status under this section may not ordinator for Iraqi Refugees and Internally immediate relative or is eligible for any exceed 5,000 per year for each of the five fis- Displaced Persons (referred to in this section other immigrant classification. cal years beginning after the date of the en- as the ‘‘Senior Coordinator’’). SEC. 1244. SPECIAL IMMIGRANT STATUS FOR actment of this Act. (b) RESPONSIBILITIES.—The Senior Coordi- CERTAIN IRAQIS. (2) EXCLUSION FROM NUMERICAL LIMITA- nator shall be responsible for the oversight (a) IN GENERAL.—Subject to subsection (c), TIONS.—Aliens provided special immigrant of processing for the resettlement in the the Secretary of Homeland Security, or, not- status under this section shall not be count- United States of refugees of special humani- withstanding any other provision of law, the ed against any numerical limitation under tarian concern, special immigrant visa pro- Secretary of State in consultation with the sections 201(d), 202(a), or 203(b)(4) of the Im- grams in Iraq, and the development and im- Secretary of Homeland Security, may pro- migration and Nationality Act (8 U.S.C. plementation of other appropriate policies vide an alien described in subsection (b) with 1151(d), 1152(a), and 1153(b)(4)). and programs concerning Iraqi refugees and the status of a special immigrant under sec- (3) CARRY FORWARD.— internally displaced persons. The Senior Co- tion 101(a)(27) of the Immigration and Na- (A) FISCAL YEARS ONE THROUGH FOUR.—If ordinator shall have the authority to refer tionality Act (8 U.S.C. 1101(a)(27)), if the the numerical limitation specified in para- persons to the United States refugee reset- alien— graph (1) is not reached during a given fiscal tlement program. (1) or an agent acting on behalf of the year referred to in such paragraph (with re- (c) DESIGNATION OF ADDITIONAL SENIOR CO- alien, submits a petition for classification spect to fiscal years one through four), the ORDINATORS.—The Secretary of State shall under section 203(b)(4) of such Act (8 U.S.C. numerical limitation specified in such para- designate in the embassies of the United 1153(b)(4)); graph for the following fiscal year shall be States in Cairo, Egypt, Amman, Jordan, Da- (2) is otherwise eligible to receive an immi- increased by a number equal to the dif- mascus, Syria, and Beirut, Lebanon, a Senior grant visa; ference between— Coordinator to oversee resettlement in the (3) is otherwise admissible to the United (i) the numerical limitation specified in United States of refugees of special humani- States for permanent residence (excluding paragraph (1) for the given fiscal year; and tarian concern in those countries to ensure the grounds for inadmissibility specified in (ii) the number of principal aliens provided their applications to the United States ref- section 212(a)(4) of such Act (8 U.S.C. special immigrant status under this section ugee resettlement program are processed in 1182(a)(4)); and during the given fiscal year. an orderly manner and without delay. (4) cleared a background check and appro- (B) FISCAL YEARS FIVE AND SIX.—If the nu- priate screening, as determined by the Sec- SEC. 1246. COUNTRIES WITH SIGNIFICANT POPU- merical limitation specified in paragraph (1) LATIONS OF IRAQI REFUGEES. retary of Homeland Security. (b) ALIENS DESCRIBED.— is not reached in the fifth fiscal year begin- With respect to each country with a sig- (1) PRINCIPAL ALIENS.—An alien is de- ning after the date of the enactment of this nificant population of Iraqi refugees, includ- scribed in this subsection if the alien— Act, the total number of principal aliens who ing Iraq, Jordan, Egypt, Syria, Turkey, and (A) is a citizen or national of Iraq; may be provided special immigrant status Lebanon, the Secretary of State shall— (B) was or is employed by or on behalf of under this section for the sixth fiscal year (1) as appropriate, consult with the appro- the United States Government in Iraq, on or beginning after such date shall be equal to priate government officials of such countries after March 20, 2003, for not less than one the difference between— and other countries and the United Nations year; (i) the numerical limitation specified in High Commissioner for Refugees regarding (C) provided faithful and valuable service paragraph (1) for the fifth fiscal year; and resettlement of the most vulnerable mem- to the United States Government, which is (ii) the number of principal aliens provided bers of such refugee populations; and documented in a positive recommendation or such status under this section during the (2) as appropriate, except where otherwise evaluation, subject to paragraph (4), from fifth fiscal year. prohibited by the laws of the United States, (d) VISA AND PASSPORT ISSUANCE AND the employee’s senior supervisor or the per- develop mechanisms in and provide assist- FEES.—Neither the Secretary of State nor son currently occupying that position, or a ance to countries with a significant popu- the Secretary of Homeland Security may more senior person, if the employee’s senior lation of Iraqi refugees to ensure the well- charge an alien described in subsection (b) supervisor has left the employer or has left being and safety of such populations in their any fee in connection with an application Iraq; and host environments. for, or issuance of, a special immigrant visa. (D) has experienced or is experiencing an SEC. 1247. MOTION TO REOPEN DENIAL OR TER- The Secretary of State shall make a reason- ongoing serious threat as a consequence of MINATION OF ASYLUM. able effort to ensure that aliens described in the alien’s employment by the United States An alien who applied for asylum or with- this section who are issued special immi- Government. holding of removal and whose claim was de- grant visas are provided with the appropriate nied on or after March 1, 2003, by an asylum (2) SPOUSES AND CHILDREN.—An alien is de- series Iraqi passport necessary to enter the scribed in this subsection if the alien— officer or an immigration judge solely, or in United States. part, on the basis of changed country condi- (A) is the spouse or child of a principal (e) PROTECTION OF ALIENS.—The Secretary tions may, notwithstanding any other provi- alien described in paragraph (1); and of State, in consultation with the heads of sion of law, file a motion to reopen such (B) is accompanying or following to join other relevant Federal agencies, shall make claim in accordance with subparagraphs (A) the principal alien in the United States. a reasonable effort to provide an alien de- and (B) of section 240(c)(7) of the Immigra- (3) TREATMENT OF SURVIVING SPOUSE OR scribed in this section who is applying for a tion and Nationality Act (8 U.S.C. 1229a(c)(7)) CHILD.—An alien is described in subsection special immigrant visa with protection or not later than six months after the date of (b) if the alien— the immediate removal from Iraq, if pos- the enactment of the Refugee Crisis in Iraq (A) was the spouse or child of a principal sible, of such alien if the Secretary deter- alien described in paragraph (1) who had a mines after consultation that such alien is in Act if the alien— petition for classification approved pursuant imminent danger. (1) is a citizen or national of Iraq; and to this section or section 1059 of the National (f) ELIGIBILITY FOR ADMISSION UNDER (2) has remained in the United States since Defense Authorization Act for Fiscal Year OTHER CLASSIFICATION.—No alien shall be de- the date of such denial. 2006 (Public Law 109–163; 8 U.S.C. 1101 note), nied the opportunity to apply for admission SEC. 1248. REPORTS. which included the alien as an accompanying under this section solely because such alien (a) SECRETARY OF HOMELAND SECURITY.— spouse or child; and qualifies as an immediate relative or is eligi- Not later than 120 days after the date of the (B) due to the death of the principal alien— ble for any other immigrant classification. enactment of this Act, the Secretary of (i) such petition was revoked or terminated (g) RESETTLEMENT SUPPORT.—Iraqi aliens Homeland Security shall submit to the Com- (or otherwise rendered null); and granted special immigrant status described mittee on the Judiciary of the House of Rep- (ii) such petition would have been approved in section 101(a)(27) of the Immigration and resentatives, the Committee on Foreign Af- if the principal alien had survived. Nationality Act (8 U.S.C. 1101(a)(27)) shall be fairs of the House of Representatives, the

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00167 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.068 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H194 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Committee on the Judiciary of the Senate, of the enactment of this Act, the Secretary (1) by striking ‘‘In recognition’’ and insert- and the Committee on Foreign Relations of of Defense, in consultation with the Sec- ing ‘‘(1) In recognition’’; and the Senate a report containing plans to expe- retary of State, the Administrator of the (2) by adding at the end the following: dite the processing of Iraqi refugees for re- United States Agency for International De- ‘‘(2) For expenditures that the Department settlement, including information relating velopment, the Secretary of the Treasury, of Defense makes pursuant to paragraph (1), to— and the Secretary of Homeland Security, (1) expediting the processing of Iraqi refu- shall submit to Congress a report examining the Secretary of Defense may accept up to gees for resettlement, including through the options for establishing a unified, classi- the amount of $250,000 in annual funds from temporary expansion of the Refugee Corps of fied database of information related to con- the Government of Palau as specified in United States Citizenship and Immigration tracts, grants, or cooperative agreements en- paragraph (1). Funds accepted by the Sec- Services; tered into by executive agencies for the per- retary from the Government of Palau under (2) increasing the number of personnel of formance of work in Iraq since March 20, this paragraph shall be credited to and the Department of Homeland Security de- 2003, including the information described and merged with appropriations available to the voted to refugee processing in Iraq, Jordan, collected under subsection (c), to be used by Department of Defense and shall be used to Egypt, Syria, Turkey, and Lebanon; relevant Federal departments and agencies defray expenditures attendant to the oper- (3) enhancing existing systems for con- to adjudicate refugee, asylum, special immi- ation of the United States military Civic Ac- ducting background and security checks of grant visa, and other immigration claims tion Team in Palau. Funds so credited and persons applying for special immigrant sta- and applications. merged shall be available for the same time tus and of persons considered Priority 2 refu- (e) NONCOMPLIANCE REPORT.—Not later period as the appropriations to which the gees of special humanitarian concern under than 180 days after the date of the enactment funds are credited and merged.’’. the refugee resettlement priority system, of this Act, the President shall submit a re- which enhancements shall support immigra- port to Congress that describes— SEC. 1254. REPEAL OF REQUIREMENT RELATING TO NORTH KOREA. tion security and provide for the orderly (1) the inability or unwillingness of any processing of such applications without contractor or grantee to provide the infor- Section 1211 of the John Warner National delay; and mation requested under subsection (c)(1)(B); Defense Authorization Act for Fiscal Year (4) the projections of the Secretary, per and 2007 (Public Law 109–364; 120 Stat. 2420) is (2) the reasons for failing to provide such country and per month, for the number of amended by striking subsection (a). information. refugee interviews that will be conducted in fiscal year 2008 and fiscal year 2009. SEC. 1249. AUTHORIZATION OF APPROPRIATIONS. SEC. 1255. JUSTICE FOR OSAMA BIN LADEN AND OTHER LEADERS OF AL QAEDA. (b) PRESIDENT.—Not later than 120 days There are authorized to be appropriated after the date of the enactment of this Act, such sums as may be necessary to carry out (a) ENHANCED REWARD FOR CAPTURE OF this subtitle. and annually thereafter through 2013, the OSAMA BIN LADEN.—Section 36(e)(1) of the President shall submit to Congress an un- Subtitle D—Other Authorities and State Department Basic Authorities Act of classified report, with a classified annex if Limitations 1956 (22 U.S.C. 2708(e)(1)) is amended by add- necessary, which includes— SEC. 1251. COOPERATIVE OPPORTUNITIES DOCU- ing at the end the following new sentence: (1) an assessment of the financial, security, MENTS UNDER COOPERATIVE RE- ‘‘The Secretary shall authorize a reward of and personnel considerations and resources SEARCH AND DEVELOPMENT $50,000,000 for the capture or death or infor- AGREEMENTS WITH NATO ORGANI- necessary to carry out the provisions of this mation leading to the capture or death of subtitle; ZATIONS AND OTHER ALLIED AND FRIENDLY FOREIGN COUNTRIES. Osama bin Laden.’’. (2) the number of aliens described in sec- Section 2350a(e) of title 10, United States (b) STATUS OF EFFORTS TO BRING OSAMA tion 1243(a)(1); Code, is amended— (3) the number of such aliens who have ap- BIN LADEN AND OTHER LEADERS OF AL QAEDA (1) in paragraph (1)— TO JUSTICE.— plied for special immigrant visas; (A) by striking ‘‘(A)’’; (4) the date of such applications; and (1) REPORT REQUIRED.—Not later than 90 (B) by striking ‘‘an arms cooperation op- days after the date of the enactment of this (5) in the case of applications pending for portunities document’’ and inserting ‘‘a co- longer than six months, the reasons that Act, the Secretary of State and the Sec- operative opportunities document before the retary of Defense shall, in coordination with such visas have not been expeditiously proc- first milestone or decision point’’; and essed. the Director of National Intelligence, jointly (C) by striking subparagraph (B); and submit to Congress a report on the progress (c) REPORT ON IRAQI CITIZENS AND NATION- (2) in paragraph (2), by striking ‘‘An arms ALS EMPLOYED BY THE UNITED STATES GOV- made in bringing Osama bin Laden and other cooperation opportunities document’’ and in- leaders of al Qaeda to justice. ERNMENT OR FEDERAL CONTRACTORS IN serting ‘‘A cooperative opportunities docu- (2) ELEMENTS.—The report required under IRAQ.— ment’’. (1) IN GENERAL.—Not later than 120 days paragraph (1) shall include the following: SEC. 1252. EXTENSION AND EXPANSION OF TEM- (A) An assessment of the likely current lo- after the date of the enactment of this Act, PORARY AUTHORITY TO USE ACQUI- the Secretary of Defense, the Secretary of SITION AND CROSS-SERVICING cation of terrorist leaders, including Osama State, the Administrator of the United AGREEMENTS TO LEND MILITARY bin Laden, Ayman al-Zawahiri, and other States Agency for International Develop- EQUIPMENT FOR PERSONNEL PRO- key leaders of al Qaeda. ment, the Secretary of the Treasury, and the TECTION AND SURVIVABILITY. (B) A description of ongoing efforts to Secretary of Homeland Security shall— (a) EXPANSION TO NATIONS ENGAGED IN CER- bring to justice such terrorist leaders, par- (A) review internal records and databases TAIN PEACEKEEPING OPERATIONS.—Subsection ticularly those who have been directly impli- of their respective agencies for information (a) of section 1202 of the John Warner Na- cated in attacks in the United States and its that can be used to verify employment of tional Defense Authorization Act for Fiscal embassies. Iraqi nationals by the United States Govern- Year 2007 (Public Law 109–364; 120 Stat. 2412) (C) An assessment of whether the govern- ment; and is amended— ment of each country assessed as a likely lo- (B) request from each prime contractor or (1) in paragraph (1), by inserting ‘‘or par- cation of top leaders of al Qaeda has fully co- grantee that has performed work in Iraq ticipating in combined operations with the operated in efforts to bring those leaders to since March 20, 2003, under a contract, grant, United States as part of a peacekeeping oper- justice. or cooperative agreement with their respec- ation under the Charter of the United Na- (D) A description of diplomatic efforts cur- tive agencies that is valued in excess of tions or another international agreement’’ rently being made to improve the coopera- $25,000 information that can be used to verify after ‘‘Iraq or Afghanistan’’; and tion of the governments described in sub- the employment of Iraqi nationals by such (2) in paragraph (3) by inserting ‘‘, or in a paragraph (C). contractor or grantee. peacekeeping operation described in para- (E) A description of the current status of graph (1), as applicable,’’ after ‘‘Iraq or Af- (2) INFORMATION REQUIRED.—To the extent the top leadership of al Qaeda and the strat- data is available, the information referred to ghanistan’’. egy for locating them and bringing them to (b) ONE-YEAR EXTENSION.—Subsection (e) in paragraph (1) shall include the name and justice. of such section is amended by striking ‘‘Sep- dates of employment of, biometric data for, (F) An assessment of whether al Qaeda re- tember 30, 2008’’ and inserting ‘‘September mains the terrorist organization that poses and other data that can be used to verify the 30, 2009’’. the greatest threat to United States inter- employment of each Iraqi citizen or national (c) CONFORMING AMENDMENT.—The heading ests, including the greatest threat to the ter- who has performed work in Iraq since March of such section is amended by striking ‘‘FOR- ritorial United States. 20, 2003, under a contract, grant, or coopera- EIGN FORCES IN IRAQ AND AFGHANI- tive agreement with an executive agency. STAN’’ and inserting ‘‘CERTAIN FOREIGN (3) UPDATE OF REPORT.—Not later than one (3) EXECUTIVE AGENCY DEFINED.—In this FORCES’’. year after the submission of the report re- quired under paragraph (1), the Secretary of subsection, the term ‘‘executive agency’’ has SEC. 1253. ACCEPTANCE OF FUNDS FROM THE the meaning given the term in section 4(1) of GOVERNMENT OF PALAU FOR COSTS State and the Secretary of Defense shall, in the Office of Federal Procurement Policy OF UNITED STATES MILITARY CIVIC coordination with the Director of National Act (41 U.S.C. 403(1)). ACTION TEAM IN PALAU. Intelligence, jointly submit to Congress an (d) REPORT ON ESTABLISHMENT OF DATA- Section 104(a) of Public Law 99–658 (48 update of the report required under para- BASE.—Not later than 120 days after the date U.S.C. 1933(a)) is amended— graph (1).

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(4) FORM.—The report required under para- tion 219 of the Immigration and Nationality (4) A comprehensive assessment of the po- graph (1) and the update of the report re- Act (8 U.S.C. 1189) and place the Islamic Rev- tential impact of a no-fly zone for the Darfur quired under paragraph (3) shall be sub- olutionary Guards Corps on the list of Spe- region, including an assessment of the im- mitted in unclassified form, but may contain cially Designated Global Terrorists, as estab- pact of such a no-fly zone on humanitarian a classified annex, if necessary. lished under the International Emergency efforts in Darfur and the region and a plan to SEC. 1256. EXTENSION OF COUNTER- Economic Powers Act (50 U.S.C. 1701 et seq.) minimize any negative impact on such hu- PROLIFERATION PROGRAM REVIEW and initiated under Executive Order 13224 manitarian efforts during the implementa- COMMITTEE. (September 23, 2001); and tion of such a no-fly zone. (a) MEMBERS.—Section 1605 of the National (4) the United States should act with all (5) A description of contributions made by Defense Authorization Act for Fiscal Year possible expediency to complete the listing the Department of Defense and the Depart- 1994 (22 U.S.C. 2751 note) is amended in sub- of those entities targeted under United Na- ment of State in support of NATO assistance section (a)(1)— tions Security Council Resolutions 1737 and to AMIS and any covered United Nations (1) in subparagraph (C) by striking ‘‘Direc- 1747, adopted unanimously on December 23, mission. tor of Central Intelligence’’ and inserting 2006, and March 24, 2007, respectively. (6) An assessment of the extent to which ‘‘Director of National Intelligence’’; and Subtitle E—Reports additional United States Government re- (2) by adding at the end the following: SEC. 1261. ONE-YEAR EXTENSION OF UPDATE ON sources are necessary to meet its obligations ‘‘(E) The Secretary of State. REPORT ON CLAIMS RELATING TO to AMIS and any covered United Nations ‘‘(F) The Secretary of Homeland Secu- THE BOMBING OF THE LABELLE DIS- mission. rity.’’. COTHEQUE. (7) An assessment of the force size and (b) ACCESS TO INFORMATION.—Subsection Section 1225 of the National Defense Au- composition of an international effort esti- (d) of such section is amended by inserting thorization Act for Fiscal Year 2006 (Public mated to be necessary to provide protection after ‘‘Department of Energy,’’ the fol- Law 109–163; 119 Stat. 3465) is amended— to civilian populations currently displaced in lowing: ‘‘the Department of State, the De- (1) in subsection (b)(2)— the Darfur region, as well as the force size partment of Homeland Security,’’. (A) in the heading, by striking ‘‘UPDATE’’ and composition of an international effort (c) TERMINATION.—Subsection (f) of such and inserting ‘‘UPDATES’’; and estimated to be necessary to provide broader section is amended by striking ‘‘2008’’ and in- (B) by inserting ‘‘and not later than two stability within that region. serting ‘‘2013’’. years after enactment of this Act,’’ after (8) An examination of the current capacity ‘‘Not later than one year after enactment of (d) SUBMISSION OF REPORT.—Section 1503 of of the existing airfield in Abeche, Chad, in- the National Defense Authorization Act for this Act,’’; and cluding the scope of its current use by the Fiscal Year 1995 (22 U.S.C. 2751 note) is (2) in subsection (c), by striking ‘‘Com- international community in response to the amended— mittee on International Relations’’ and in- crisis in the Darfur region. (1) in subsection (a)— serting ‘‘Committee on Foreign Affairs’’. (9) An analysis of the upgrades, and their SEC. 1262. REPORT ON UNITED STATES POLICY associated costs, necessary to enable the air- (A) by striking ‘‘ANNUAL’’ and inserting TOWARD DARFUR, SUDAN. field in Abeche, Chad, to be improved to be ‘‘BIENNIAL’’; and (a) REQUIREMENT FOR REPORT.— (B) by striking ‘‘each year’’ and inserting fully capable of accommodating a humani- (1) IN GENERAL.—Not later than 120 days ‘‘each odd-numbered year’’; and tarian, peacekeeping, or other force deploy- after the date of the enactment of this Act, ment of the size foreseen by United Nations (2) in subsection (b)(5)— the Secretary of Defense and the Secretary Security Council Resolution 1769 calling for (A) by striking ‘‘fiscal year preceding’’ and of State shall jointly submit to the appro- a United Nations deployment to Chad and a inserting ‘‘two fiscal years preceding’’; and priate congressional committees a report on hybrid force of the United Nations and Afri- (B) by striking ‘‘preceding fiscal year’’ and the policy of the United States to address can Union operating under Chapter VII of inserting ‘‘preceding fiscal years’’. the crisis in the Darfur region of Sudan, the United Nations Charter for Sudan. SEC. 1257. SENSE OF CONGRESS ON THE WEST- eastern Chad, and north-eastern Central Af- (c) FORM AND AVAILABILITY OF REPORTS.— ERN HEMISPHERE INSTITUTE FOR rican Republic, and on the contributions of (1) FORM.—The report and update of the re- SECURITY COOPERATION. the Department of Defense and the Depart- port required under subsection (a) shall be It is the sense of Congress that— ment of State to the North Atlantic Treaty submitted in an unclassified form, but may (1) the education and training facility of Organization (NATO), the United Nations, include a classified annex. the Department of Defense known as the and the African Union in support of the cur- (2) AVAILABILITY.—The unclassified portion Western Hemisphere Institute for Security rent African Union Mission in Sudan (AMIS) of the report and update of the report re- Cooperation has the mission of providing or any covered United Nations mission. quired under subsection (a) shall be made professional education and training to eligi- (2) UPDATE OF REPORT.—Not later than 180 available to the public. ble military personnel, law enforcement offi- days after the submission of the report re- (d) REPEAL OF SUPERSEDED REPORT RE- cials, and civilians of nations of the Western quired under paragraph (1), the Secretary of QUIREMENT.—Section 1227 of the John Warner Hemisphere that support the democratic Defense and the Secretary of State shall National Defense Authorization Act for Fis- principles set forth in the Inter-American jointly submit to the appropriate congres- cal Year 2007 (Public Law 109–364; 120 Stat. Democratic Charter of the Organization of sional committees an update of the report. 2426) is repealed. American States, while fostering mutual (b) ELEMENTS.—The report required under (e) DEFINITIONS.—In this section: knowledge, transparency, confidence, and co- subsection (a) shall include the following: (1) APPROPRIATE CONGRESSIONAL COMMIT- operation among the participating nations (1) An assessment of the extent to which TEES.—The term ‘‘appropriate congressional and promoting democratic values and re- the Government of Sudan is in compliance committees’’ means— spect for human rights; and with its obligations under international law (A) the Committee on Armed Services and (2) therefore, the Institute is an invaluable and as a member of the United Nations, in- the Committee on Foreign Relations of the education and training facility which the De- cluding under United Nations Security Coun- Senate; and partment of Defense should continue to uti- cil Resolutions 1591 (2005), 1706 (2006), 1769 (B) the Committee on Armed Services and lize in order to help foster a spirit of partner- (2007), and 1784 (2007) and a description of any the Committee on Foreign Affairs of the ship and interoperability among the United violations of such obligations, including vio- House of Representatives. States military and the militaries of partici- lations relating to the denial of or delay in (2) COVERED UNITED NATIONS MISSION.—The pating nations. facilitating access by AMIS and United Na- term ‘‘covered United Nations mission’’ SEC. 1258. SENSE OF CONGRESS ON IRAN. tions peacekeeping forces to conflict areas, means any United Nations-African Union hy- It is the sense of Congress that— failure to implement responsibilities to de- brid peacekeeping operation in the Darfur region of Sudan, and any United Nations (1) the manner in which the United States mobilize and disarm the Janjaweed militias, peacekeeping operation in the Darfur region, transitions and structures its military pres- obstruction of the voluntary safe return of eastern Chad, or northern Central African ence in Iraq will have critical long-term con- internally displaced persons and refugees, Republic, that is deployed on or after the sequences for the future of the Persian Gulf and degradation of security of and access to date of the enactment of this Act. and the Middle East, in particular with re- humanitarian supply routes. gard to the ability of the Government of Iran (2) An assessment of the role played by SEC. 1263. INCLUSION OF INFORMATION ON ASYMMETRIC CAPABILITIES IN AN- to pose a threat to the security of the region, rebel forces in contributing to violence being NUAL REPORT ON MILITARY POWER the prospects for democracy for the people of carried out against civilians and humani- OF THE PEOPLE’S REPUBLIC OF the region, and the health of the global econ- tarian organizations and of the impact of CHINA. omy; such activities on international efforts to Section 1202(b) of the National Defense Au- (2) it is in the national interest of the create conditions of peace and security on thorization Act for Fiscal Year 2000 (Public United States that the Government of Iran the ground. Law 106–65; 10 U.S.C. 113 note) is amended by should not use extremists in Iraq to subvert (3) A comprehensive explanation of the pol- adding at the end the following new para- or co-opt the institutions of the legitimate icy of the United States to address the crisis graph: Government of Iraq; in the Darfur region, including the activities ‘‘(9) Developments in China’s asymmetric (3) the United States should designate undertaken by the Department of Defense capabilities, including efforts to acquire, de- Iran’s Islamic Revolutionary Guards Corps and the Department of State in support of velop, and deploy cyberwarfare capabili- as a foreign terrorist organization under sec- that policy. ties.’’.

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REPORT ON APPLICATION OF THE UNI- the congressional defense committees, the Act, the Secretary of Defense and the Sec- FORM CODE OF MILITARY JUSTICE Committee on Foreign Relations of the Sen- retary of State, in coordination with the Di- TO CIVILIANS ACCOMPANYING THE ate, and the Committee on Foreign Affairs of rector of National Intelligence, shall jointly ARMED FORCES DURING A TIME OF the House of Representatives a report assess- submit to the specified congressional com- DECLARED WAR OR CONTINGENCY OPERATION. ing the capability of the Department of mittees a report on the threats posed to the State to provide training and guidance to (a) REPORT REQUIRED.—Not later than 60 United States from ungoverned areas, in- days after the date of the enactment of this the command of an international interven- cluding the threats to the United States Act, the Secretary of Defense shall submit to tion force that seeks to prevent mass atroc- from terrorist groups and individuals located ities. the Committees on Armed Services of the in such areas who direct their activities (2) CONTENT.—The report required under Senate and the House of Representatives a against the national security interests of the paragraph (1) shall include the following: report on the status of implementing para- United States and its allies. (A) An evaluation of any doctrine cur- graph (10) of section 802(a) of title 10, United (b) ELEMENTS.—The report required under rently used by the Secretary of State to pre- States Code (article 2(a) of the Uniform Code subsection (a) shall include the following: pare for the training and guidance of the of Military Justice), as amended by section (1) A description of those areas the United command of an international intervention 552 of the John Warner National Defense Au- States Government considers ungoverned, force. thorization Act for Fiscal Year 2007 (Public including— (B) An assessment of the role played by the Law 109–364), related to the application of (A) a description of the geo-political and United States in developing the ‘‘responsi- cultural influences exerted within such areas chapter 47 of such title (the Uniform Code of bility to protect’’ doctrine described in para- Military Justice) to persons serving with or and by whom; graphs 138 through 140 of the outcome docu- (B) a description of the economic condi- accompanying an armed force in the field ment of the High-level Plenary Meeting of during a time of declared war or contingency tions and prospects and the major social dy- the General Assembly adopted by the United namics of such areas; and operation. Nations in September 2005, and an update on (b) CONTENTS OF REPORT.—The report re- (C) a description of the United States Gov- actions taken by the United States Mission ernment’s relationships with entities located quired by subsection (a) shall include each of to the United Nations to discuss, promote, the following: in such areas, including with relevant na- and implement such doctrine. tional or other governments and relevant (1) A discussion of how the Secretary has (C) An assessment of the potential capa- resolved issues related to establishing juris- tribal or other groups. bility of the Department of State and other (2) A description of the capabilities re- diction under such chapter over persons re- Federal departments and agencies to support quired by the United States Government to ferred to in paragraph (10) of section 802(a) of the development of new doctrines for the support United States policy aimed at man- title 10, United States Code (article 2(a) of training and guidance of an international aging the threats described in subsection (a), the Uniform Code of Military Justice), spe- intervention force in keeping with the ‘‘re- including, specifically, the technical, lin- cifically with respect to persons under con- sponsibility to protect’’ doctrine. guistic, and analytical capabilities required tract with the Department of Defense or (D) Recommendations as to the steps nec- by the Department of Defense and the De- with other Federal agencies. essary to allow the Secretary of State to partment of State. (2) An identification of any outstanding provide more effective training and guidance (3) An assessment of the extent to which issues that remain to be resolved with re- to an international intervention force. the Department of Defense and the Depart- spect to implementing such paragraph and a (b) DEPARTMENT OF DEFENSE REPORT.— ment of State possess the capabilities de- timetable for resolving such issues. (1) REPORT REQUIRED.—Not later than 180 (3) A description of key implementing days after the date of the enactment of this scribed in paragraph (2) as well as the nec- steps that have been taken or remain to be Act, the Secretary of Defense shall submit to essary resources and organization to support taken to assert jurisdiction under chapter 47 the congressional defense committees, the United States policy aimed at managing the of such title over such persons. Committee on Foreign Relations of the Sen- threats described in subsection (a). (4) An explanation of the Secretary’s ap- ate, and the Committee on Foreign Affairs of (4) A description of the extent to which the proach to identifying factors that com- the House of Representatives a report assess- implementation of Department of Defense manders should consider in determining ing the capability of the Department of De- Directive 3000.05, entitled ‘‘Military Support whether to seek prosecution of such a person fense to provide training and guidance to the for Stability, Security, Transition, and Re- under such chapter or under chapter 212 of command of an international intervention construction Operations’’, will support title 18, United States Code. force that seeks to prevent mass atrocities. United States policy for managing such threats. SEC. 1265. REPORT ON FAMILY REUNIONS BE- (2) CONTENT.—The report required under TWEEN UNITED STATES CITIZENS paragraph (1) shall include the following: (5) A description of the actions, if any, to AND THEIR RELATIVES IN NORTH (A) An evaluation of any doctrine cur- be taken to improve the capabilities of the KOREA. rently used by the Secretary of Defense to Department of Defense and the Department (a) REPORT REQUIRED.—Not later than 180 prepare for the training and guidance of the of State described in paragraph (2), and the days after the date of the enactment of this command of an international intervention schedule for implementing any actions so de- Act, the President shall transmit to Con- force. scribed. gress a report on family reunions between (B) An assessment of the potential capa- (c) FORM.—The report required under sub- United States citizens and their relatives in bility of the Department of Defense and section (a) shall be submitted in unclassified the Democratic People’s Republic of Korea. other Federal departments and agencies to form, to the maximum extent practicable, (b) ELEMENTS.—The report under sub- support the development of new doctrines for but may contain a classified annex, if nec- section (a) shall include the following: the training and guidance of an inter- essary. (1) A description of the efforts, if any, of national intervention force in keeping with (d) DEFINITION.—In this section, the term the United States Government to facilitate the ‘‘responsibility to protect’’ doctrine. ‘‘specified congressional committees’’ family reunions between United States citi- (C) Recommendations as to the steps nec- means— zens and their relatives in North Korea, in- essary to allow the Secretary of Defense to (1) the Committee on Armed Services, the cluding the following: provide more effective training and guidance Committee on Foreign Relations, and the (A) Discussing with North Korea family re- to an international intervention force. Committee on Appropriations of the Senate; unions between United States citizens and (D) A summary of any assessments or stud- and their relatives in North Korea. ies of the Department of Defense or other (2) the Committee on Armed Services, the (B) Planning, in the event of a normaliza- Federal departments or agencies relating to Committee on Foreign Affairs, and the Com- tion of relations between the United States ‘‘Operation Artemis’’, the 2004 French mili- mittee on Appropriations of the House of and North Korea, for the appropriate role of tary deployment and intervention in the Representatives. the United States embassy in Pyongyang, eastern region of the Democratic Republic of TITLE XIII—COOPERATIVE THREAT RE- North Korea, in facilitating family reunions Congo to protect civilians from local warring DUCTION WITH STATES OF THE between United States citizens and their rel- factions. FORMER SOVIET UNION atives in North Korea. (c) INTERNATIONAL INTERVENTION FORCE.— (2) A description of additional efforts, if For the purposes of this section, ‘‘inter- Sec. 1301. Specification of Cooperative any, of the United States Government to fa- national intervention force’’ means a mili- Threat Reduction programs and cilitate family reunions between United tary force that— funds. States citizens and their relatives in North (1) is authorized by the United Nations; Sec. 1302. Funding allocations. Korea that the President considers to be de- and Sec. 1303. Specification of Cooperative sirable and feasible. (2) has a mission that is narrowly focused Threat Reduction programs in SEC. 1266. REPORTS ON PREVENTION OF MASS on the protection of civilian life and the pre- states outside the former So- ATROCITIES. vention of mass atrocities such as genocide. viet Union. (a) DEPARTMENT OF STATE REPORT.— SEC. 1267. REPORT ON THREATS TO THE UNITED Sec. 1304. Repeal of restrictions on assist- (1) REPORT REQUIRED.—Not later than 180 STATES FROM UNGOVERNED AREAS. ance to states of the former So- days after the date of the enactment of this (a) REPORT REQUIRED.—Not later than 180 viet Union for Cooperative Act, the Secretary of State shall submit to days after the date of the enactment of this Threat Reduction.

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Sec. 1305. Modification of authority to use fense determines that it is necessary to do so (b) INAPPLICABILITY OF OTHER RESTRIC- Cooperative Threat Reduction in the national interest, the Secretary may TIONS.—Section 502 of the Freedom for Rus- funds outside the former Soviet obligate amounts appropriated for fiscal sia and Emerging Eurasian Democracies and Union. year 2008 for a purpose listed in paragraphs Open Markets Support Act of 1992 (22 U.S.C. Sec. 1306. New initiatives for the Coopera- (1) through (9) of subsection (a) in excess of 5852) shall not apply to any Cooperative tive Threat Reduction Pro- the specific amount authorized for that pur- Threat Reduction program. gram. pose. SEC. 1305. MODIFICATION OF AUTHORITY TO USE Sec. 1307. Report relating to chemical weap- (2) NOTICE-AND-WAIT REQUIRED.—An obliga- COOPERATIVE THREAT REDUCTION ons destruction at Shchuch’ye, tion of funds for a purpose stated in para- FUNDS OUTSIDE THE FORMER SO- Russia. graphs (1) through (9) of subsection (a) in ex- VIET UNION. Sec. 1308. National Academy of Sciences cess of the specific amount authorized for Section 1308 of the National Defense Au- study of prevention of prolifera- such purpose may be made using the author- thorization Act for Fiscal Year 2004 (22 tion of biological weapons. ity provided in paragraph (1) only after— U.S.C. 5963) is amended— SEC. 1301. SPECIFICATION OF COOPERATIVE (A) the Secretary submits to Congress no- (1) in subsection (a), by striking ‘‘Subject THREAT REDUCTION PROGRAMS tification of the intent to do so together to’’ and all that follows through ‘‘the fol- AND FUNDS. with a complete discussion of the justifica- lowing:’’ and inserting ‘‘Subject to the provi- (a) SPECIFICATION OF COOPERATIVE THREAT tion for doing so; and sions of this section, the Secretary of De- REDUCTION PROGRAMS.—For purposes of sec- (B) 15 days have elapsed following the date fense may obligate and expend Cooperative tion 301 and other provisions of this Act, Co- of the notification. Threat Reduction funds for a fiscal year, and operative Threat Reduction programs are SEC. 1303. SPECIFICATION OF COOPERATIVE any Cooperative Threat Reduction funds for the programs specified in section 1501(b) of THREAT REDUCTION PROGRAMS IN a fiscal year before such fiscal year that re- the National Defense Authorization Act for STATES OUTSIDE THE FORMER SO- main available for obligation, for a prolifera- Fiscal Year 1997 (50 U.S.C. 2362 note), as VIET UNION. tion threat reduction project or activity out- amended by section 1303 of this Act. Section 1501 of the National Defense Au- side the states of the former Soviet Union if (b) FISCAL YEAR 2008 COOPERATIVE THREAT thorization Act for Fiscal Year 1997 (50 the Secretary of Defense, with the concur- REDUCTION FUNDS DEFINED.—As used in this U.S.C. 2362 note) is amended— rence of the Secretary of State, determines title, the term ‘‘fiscal year 2008 Cooperative (1) in subsection (a), by striking ‘‘sub- each of the following:’’; Threat Reduction funds’’ means the funds section (b)’’ and inserting ‘‘subsections (b) (2) by striking subsection (c) and redesig- appropriated pursuant to the authorization and (c)’’; and nating subsections (d) and (e) as (c) and (d), of appropriations in section 301 for Coopera- (2) by adding at the end the following new respectively; and tive Threat Reduction programs. subsection: (3) by amending subsection (c) (as so redes- ‘‘(c) SPECIFIED PROGRAMS WITH RESPECT TO (c) AVAILABILITY OF FUNDS.—Funds appro- ignated) to read as follows: STATES OUTSIDE THE FORMER SOVIET UNION.— priated pursuant to the authorization of ap- ‘‘(c) LIMITATION ON AVAILABILITY OF The programs referred to in subsection (a) propriations in section 301 for Cooperative FUNDS.— are the following programs with respect to Threat Reduction programs shall be avail- ‘‘(1) The Secretary of Defense may not ob- states that are not states of the former So- able for obligation for three fiscal years. ligate funds for a project or activity under viet Union: the authority in subsection (a) of this sec- SEC. 1302. FUNDING ALLOCATIONS. ‘‘(1) Programs to facilitate the elimi- tion until the Secretary of Defense, with the (a) FUNDING FOR SPECIFIC PURPOSES.—Of nation, and the safe and secure transpor- concurrence of the Secretary of State, makes the $428,048,000 authorized to be appropriated tation and storage, of chemical or biological each determination specified in that sub- to the Department of Defense for fiscal year weapons, weapons components, weapons-re- section with respect to such project or activ- 2008 in section 301(19) for Cooperative Threat lated materials, and their delivery vehicles. ity. Reduction programs, the following amounts ‘‘(2) Programs to facilitate safe and secure ‘‘(2) Not later than 10 days after obligating may be obligated for the purposes specified: transportation and storage of nuclear weap- funds under the authority in subsection (a) (1) For strategic offensive arms elimi- ons, weapons components, and their delivery of this section for a project or activity, the nation in Russia, $92,885,000. vehicles. Secretary of Defense and the Secretary of (2) For nuclear weapons storage security in ‘‘(3) Programs to prevent the proliferation State shall notify Congress in writing of the Russia, $47,640,000. of nuclear and chemical weapons, weapons determinations made under paragraph (1) (3) For nuclear weapons transportation se- components, and weapons-related military with respect to such project or activity, to- curity in Russia, $37,700,000. technology and expertise. gether with— (4) For weapons of mass destruction pro- ‘‘(4) Programs to prevent the proliferation ‘‘(A) a justification for such determina- liferation prevention in the states of the of biological weapons, weapons components, tions; and former Soviet Union, $47,986,000. and weapons-related military technology ‘‘(B) a description of the scope and dura- (5) For biological weapons proliferation and expertise, which may include activities tion of such project or activity.’’. prevention in the former Soviet Union, that facilitate detection and reporting of $158,489,000. highly pathogenic diseases or other diseases SEC. 1306. NEW INITIATIVES FOR THE COOPERA- (6) For chemical weapons destruction, that are associated with or that could be uti- TIVE THREAT REDUCTION PRO- GRAM. $6,000,000. lized as an early warning mechanism for dis- (7) For defense and military contacts, ease outbreaks that could impact the Armed (a) SENSE OF CONGRESS.—It is the sense of $8,000,000. Forces of the United States or allies of the Congress that— (8) For new Cooperative Threat Reduction United States. (1) the Department of Defense Cooperative initiatives that are outside the former So- ‘‘(5) Programs to expand military-to-mili- Threat Reduction (CTR) Program should be viet Union, $10,000,000. tary and defense contacts.’’. strengthened and expanded, in part by devel- (9) For activities designated as Other SEC. 1304. REPEAL OF RESTRICTIONS ON ASSIST- oping new CTR initiatives; Assessments/Administrative Support, ANCE TO STATES OF THE FORMER (2) such new initiatives should— $19,348,000. SOVIET UNION FOR COOPERATIVE (A) be well-coordinated with the Depart- (b) REPORT ON OBLIGATION OR EXPENDITURE THREAT REDUCTION. ment of Energy, the Department of State, OF FUNDS FOR OTHER PURPOSES.—No fiscal (a) IN GENERAL.— and any other relevant United States Gov- year 2008 Cooperative Threat Reduction (1) SOVIET NUCLEAR THREAT REDUCTION ACT ernment agency or department; funds may be obligated or expended for a OF 1991.—The Soviet Nuclear Threat Reduc- (B) include appropriate transparency and purpose other than a purpose listed in para- tion Act of 1991 (title II of Public Law 102– accountability mechanisms, and legal frame- graphs (1) through (9) of subsection (a) until 228; 22 U.S.C. 2551 note) is amended— works and agreements between the United 30 days after the date that the Secretary of (A) by striking section 211; and States and CTR partner countries; Defense submits to Congress a report on the (B) in section 212, by striking ‘‘, consistent (C) reflect engagement with non-govern- purpose for which the funds will be obligated with the findings stated in section 211,’’. mental experts on possible new options for or expended and the amount of funds to be (2) COOPERATIVE THREAT REDUCTION ACT OF the CTR Program; obligated or expended. Nothing in the pre- 1993.—Section 1203 of the Cooperative Threat (D) include work with the Russian Federa- ceding sentence shall be construed as author- Reduction Act of 1993 (22 U.S.C. 5952) is tion and other countries to establish strong izing the obligation or expenditure of fiscal amended by striking subsection (d). CTR partnerships that, among other things— year 2008 Cooperative Threat Reduction (3) RUSSIAN CHEMICAL WEAPONS DESTRUC- (i) increase the role of scientists and gov- funds for a purpose for which the obligation TION FACILITIES.—Section 1305 of the Na- ernment officials of CTR partner countries or expenditure of such funds is specifically tional Defense Authorization Act for Fiscal in designing CTR programs and projects; and prohibited under this title or any other pro- Year 2000 (Public Law 106–65; 22 U.S.C. 5952 (ii) increase financial contributions and vision of law. note) is repealed. additional commitments to CTR programs (c) LIMITED AUTHORITY TO VARY INDIVIDUAL (4) CONFORMING REPEAL.—Section 1303 of and projects from Russia and other partner AMOUNTS.— the Ronald W. Reagan National Defense Au- countries, as appropriate, as evidence that (1) IN GENERAL.—Subject to paragraph (2), thorization Act for Fiscal Year 2005 (Public the programs and projects reflect national in any case in which the Secretary of De- Law 108–375; 22 U.S.C. 5952 note) is repealed. priorities and will be sustainable;

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00171 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.069 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H198 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (E) include broader international coopera- cated in the area of Shchuch’ye in the Rus- (C) A statement of the actions, if any, to tion and partnerships, and increased inter- sian Federation. be undertaken by the Secretary to imple- national contributions; (b) REPORT REQUIRED.—Not later than 90 ment any recommendations in the study. (F) incorporate a strong focus on national days after the date of the enactment of this (3) FORM.—The report under paragraph (1) programs and sustainability, which includes Act, the Secretary of Defense shall submit to shall be submitted in unclassified form, but actions to address concerns raised and rec- the congressional defense committees a re- may include a classified annex. ommendations made by the Government Ac- port on the Shchuch’ye project. The report (e) FUNDING.—Of the amounts appropriated countability Office, in its report of February shall include— pursuant to the authorization of appropria- 2007 titled ‘‘Progress Made in Improving Se- (1) a current and detailed cost estimate for tions in section 301(19) or otherwise made curity at Russian Nuclear Sites, but the completion of the project, to include costs available for Cooperative Threat Reduction Long-Term Sustainability of U.S. Funded that will be borne by the United States and programs for fiscal year 2008, not more than Security Upgrades is Uncertain’’, which per- Russia, respectively; and $1,000,000 may be obligated or expended to tain to the Department of Defense; (2) a specific strategic and operating plan carry out this section. for completion of the project, which in- (G) continue to focus on the development TITLE XIV—OTHER AUTHORIZATIONS cludes— of CTR programs and projects that secure Subtitle A—Military Programs nuclear weapons; secure and eliminate chem- (A) the Department’s plans to ensure ro- bust project management and oversight, in- Sec. 1401. Working capital funds. ical and biological weapons and weapons-re- Sec. 1402. National Defense Sealift Fund. lated materials; and eliminate nuclear, cluding management and oversight with re- spect to the performance of any contractors; Sec. 1403. Defense Health Program. chemical, and biological weapons-related de- Sec. 1404. Chemical agents and munitions livery vehicles and infrastructure at the (B) project quality assurance and sustain- ability measures; destruction, Defense. source; and Sec. 1405. Drug Interdiction and Counter- (H) include efforts to develop new CTR pro- (C) metrics for measuring project progress with a timetable for achieving goals, includ- Drug Activities, Defense-wide. grams and projects in Russia and the former ing initial systems integration and start-up Sec. 1406. Defense Inspector General. Soviet Union, and in countries and regions testing; and Subtitle B—National Defense Stockpile outside the former Soviet Union, as appro- (D) a projected project completion date. Sec. 1411. Authorized uses of National De- priate and in the interest of United States fense Stockpile funds. national security; and SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF PRO- Sec. 1412. Revisions to required receipt ob- (3) such new initiatives could include— LIFERATION OF BIOLOGICAL WEAP- jectives for previously author- (A) programs and projects in Asia and the ONS. ized disposals from the Na- Middle East; and (a) STUDY REQUIRED.—Not later than 60 tional Defense Stockpile. (B) activities relating to the days after the date of the enactment of this Sec. 1413. Disposal of ferromanganese. denuclearization of the Democratic People’s Act, the Secretary of Defense shall enter Sec. 1414. Disposal of chrome metal. Republic of Korea. into an arrangement with the National Subtitle C—Armed Forces Retirement Home (b) NATIONAL ACADEMY OF SCIENCES Academy of Sciences under which the Acad- STUDY.— emy shall carry out a study to identify areas Sec. 1421. Authorization of appropriations (1) STUDY.—Not later than 60 days after the for cooperation with states other than states for Armed Forces Retirement date of the enactment of this Act, the Sec- of the former Soviet Union under the Cooper- Home. retary of Defense shall enter into an ar- ative Threat Reduction Program of the De- Sec. 1422. Administration and oversight of rangement with the National Academy of partment of Defense in the prevention of pro- the Armed Forces Retirement Sciences under which the Academy shall liferation of biological weapons. Home. carry out a study to analyze options for (b) MATTERS TO BE INCLUDED IN STUDY.— Subtitle A—Military Programs strengthening and expanding the CTR Pro- The Secretary shall provide for the study SEC. 1401. WORKING CAPITAL FUNDS. gram. under subsection (a) to include the following: Funds are hereby authorized to be appro- (2) MATTERS TO BE INCLUDED IN STUDY.—The (1) An assessment of the capabilities and priated for fiscal year 2008 for the use of the Secretary shall provide for the study under capacity of governments of developing coun- Armed Forces and other activities and agen- paragraph (1) to include— tries to control the containment and use of cies of the Department of Defense for pro- (A) an assessment of new CTR initiatives dual-use technologies of potential interest to viding capital for working capital and re- described in subsection (a); and terrorist organizations or individuals with volving funds in amounts as follows: (B) an identification of options and rec- hostile intentions. (1) For the Defense Working Capital Funds, ommendations for strengthening and expand- (2) An assessment of the approaches to co- $102,446,000. ing the CTR Program. operative threat reduction used by the states (2) For the Defense Working Capital Fund, (3) SUBMISSION OF NATIONAL ACADEMY OF of the former Soviet Union that are of spe- Defense Commissary, $1,250,300,000. cial relevance in preventing the proliferation SCIENCES REPORT.—The National Academy of SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. Sciences shall submit to Congress a report of biological weapons in other areas of the world. Funds are hereby authorized to be appro- on the study under this subsection at the priated for fiscal year 2008 for the National same time that such report is submitted to (3) A brief review of programs of the United States Government and other governments, Defense Sealift Fund in the amount of the Secretary of Defense pursuant to sub- $1,349,094,000. section (c). international organizations, foundations, SEC. 1403. DEFENSE HEALTH PROGRAM. (c) SECRETARY OF DEFENSE REPORT.— and other private sector entities that may Funds are hereby authorized to be appro- (1) IN GENERAL.—Not later than 90 days contribute to the prevention of the prolifera- priated for the Department of Defense for fis- after receipt of the report under subsection tion of biological weapons. cal year 2008 for expenses, not otherwise pro- (b), the Secretary of Defense shall submit to (4) Recommendations on steps for inte- vided for, for the Defense Health Program, in Congress a report on new CTR initiatives. grating activities of the Cooperative Threat the amount of $23,080,384,000, of which— The report shall include— Reduction Program relating to biological (1) $22,583,641,000 is for Operation and Main- (A) a summary of the results of the study weapons proliferation prevention with ac- tenance; carried out under subsection (b); tivities of other departments and agencies of (2) $134,482,000 is for Research, Develop- (B) an assessment by the Secretary of the the United States, as appropriate, in states ment, Test, and Evaluation; and study; and outside of the former Soviet Union. (3) $362,261,000 is for Procurement. (C) a statement of the actions, if any, to be (c) SUBMISSION OF NATIONAL ACADEMY OF undertaken by the Secretary to implement SCIENCES REPORT.—The National Academy of SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE. any recommendations in the study. Sciences shall submit to Congress a report (a) AUTHORIZATION OF APPROPRIATIONS.— (2) FORM.—The report shall be in unclassi- on the study under subsection (a) at the Funds are hereby authorized to be appro- fied form but may include a classified annex same time that such report is submitted to priated for the Department of Defense for fis- if necessary. the Secretary of Defense pursuant to sub- (d) FUNDING.—Of the amounts appropriated section (d). cal year 2008 for expenses, not otherwise pro- pursuant to the authorization of appropria- (d) SECRETARY OF DEFENSE REPORT.— vided for, for Chemical Agents and Muni- tions in section 301(19) or otherwise made (1) IN GENERAL.—Not later than 90 days tions Destruction, Defense, in the amount of available for Cooperative Threat Reduction after receipt of the report required by sub- $1,512,724,000, of which— programs for fiscal year 2008, not more than section (a), the Secretary shall submit to the (1) $1,181,500,000 is for Operation and Main- $1,000,000 shall be obligated or expended to Congress a report on the study carried out tenance; carry out this section. under subsection (a). (2) $312,800,000 is for Research, Develop- SEC. 1307. REPORT RELATING TO CHEMICAL (2) MATTERS TO BE INCLUDED.—The report ment, Test, and Evaluation; and WEAPONS DESTRUCTION AT under paragraph (1) shall include the fol- (3) $18,424,000 is for Procurement. SHCHUCH’YE, RUSSIA. lowing: (b) USE.—Amounts authorized to be appro- (a) DEFINITION.—In this section, the terms (A) A summary of the results of the study priated under subsection (a) are authorized ‘‘Shchuch’ye project’’ and ‘‘project’’ mean carried out under subsection (a). for— the Cooperative Threat Reduction Program (B) An assessment by the Secretary of the (1) the destruction of lethal chemical chemical weapons destruction project lo- study. agents and munitions in accordance with

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00172 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.069 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H199 section 1412 of the Department of Defense ferromanganese from the National Defense (3) the disposal of the additional chrome Authorization Act, 1986 (50 U.S.C. 1521); and Stockpile during fiscal year 2008. metal is consistent with the requirements (2) the destruction of chemical warfare ma- (b) CONTINGENT AUTHORITY FOR ADDITIONAL and purpose of the National Defense Stock- teriel of the United States that is not cov- DISPOSAL.— pile. ered by section 1412 of such Act. (1) IN GENERAL.—If the Secretary of De- (d) NATIONAL DEFENSE STOCKPILE DE- SEC. 1405. DRUG INTERDICTION AND COUNTER- fense enters into a contract for the disposal FINED.—In this section, the term ‘‘National DRUG ACTIVITIES, DEFENSE-WIDE. of the total quantity of ferromanganese au- Defense Stockpile’’ means the stockpile pro- Funds are hereby authorized to be appro- thorized for disposal by subsection (a) before vided for in section 4 of the Strategic and priated for the Department of Defense for fis- September 30, 2008, the Secretary of Defense Critical Materials Stock Piling Act (50 cal year 2008 for expenses, not otherwise pro- may dispose of up to an additional 25,000 tons U.S.C. 98c). vided for, for Drug Interdiction and Counter- of ferromanganese from the National De- Subtitle C—Armed Forces Retirement Home Drug Activities, Defense-wide, in the amount fense Stockpile before that date. of $938,022,000. SEC. 1421. AUTHORIZATION OF APPROPRIATIONS (2) ADDITIONAL AMOUNTS.—If the Secretary FOR ARMED FORCES RETIREMENT SEC. 1406. DEFENSE INSPECTOR GENERAL. enters into a contract for the disposal of the HOME. Funds are hereby authorized to be appro- total quantity of additional ferromanganese There is authorized to be appropriated for priated for the Department of Defense for fis- authorized for disposal by paragraph (1) be- fiscal year 2008 from the Armed Forces Re- cal year 2008 for expenses, not otherwise pro- fore September 30, 2008, the Secretary may tirement Home Trust Fund the sum of vided for, for the Office of the Inspector Gen- dispose of up to an additional 25,000 tons of eral of the Department of Defense, in the $61,624,000 for the operation of the Armed ferromanganese from the National Defense Forces Retirement Home. amount of $225,995,000, of which— Stockpile before that date. SEC. 1422. ADMINISTRATION AND OVERSIGHT OF (1) $224,995,000 is for Operation and Mainte- (c) CERTIFICATION.—The Secretary of De- nance; and THE ARMED FORCES RETIREMENT fense may dispose of ferromanganese under HOME. (2) $1,000,000 is for Procurement. the authority of paragraph (1) or (2) of sub- (a) ROLE OF SECRETARY OF DEFENSE.—Sec- Subtitle B—National Defense Stockpile section (b) only if the Secretary submits to tion 1511 of the Armed Forces Retirement SEC. 1411. AUTHORIZED USES OF NATIONAL DE- the Committee on Armed Services of the Home Act of 1991 (24 U.S.C. 411) is amended— FENSE STOCKPILE FUNDS. Senate and the Committee on Armed Serv- (1) in subsection (d), by adding at the end (a) OBLIGATION OF STOCKPILE FUNDS.—Dur- ices of the House of Representatives, written the following new paragraph: ing fiscal year 2008, the National Defense certification that— ‘‘(3) The administration of the Retirement Stockpile Manager may obligate up to (1) the disposal of the additional Home (including administration for the pro- $44,825,000 of the funds in the National De- ferromanganese from the National Defense vision of health care and medical care for fense Stockpile Transaction Fund estab- Stockpile under such paragraph is in the in- residents) shall remain under the direct au- lished under subsection (a) of section 9 of the terest of national defense; thority, control, and administration of the Strategic and Critical Materials Stock Pil- (2) the disposal of the additional Secretary of Defense.’’; and ing Act (50 U.S.C. 98h) for the authorized ferromanganese under such paragraph will uses of such funds under subsection (b)(2) of (2) in subsection (h), by adding at the end not cause disruption to the usual markets of the following new sentence: ‘‘The annual re- such section, including the disposal of haz- producers and processors of ferromanganese ardous materials that are environmentally port shall include an assessment of all as- in the United States; and pects of each facility of the Retirement sensitive. (3) the disposal of the additional (b) ADDITIONAL OBLIGATIONS.—The Na- Home, including the quality of care at the ferromanganese under such paragraph is con- tional Defense Stockpile Manager may obli- facility.’’. sistent with the requirements and purpose of gate amounts in excess of the amount speci- (b) ACCREDITATION.—Subsection (g) of sec- the National Defense Stockpile. fied in subsection (a) if the National Defense tion 1511 of the Armed Forces Retirement (d) NATIONAL DEFENSE STOCKPILE DE- Stockpile Manager notifies Congress that ex- Home Act of 1991 (24 U.S.C. 411) is amended traordinary or emergency conditions neces- FINED.—In this section, the term ‘‘National to read as follows: sitate the additional obligations. The Na- Defense Stockpile’’ means the stockpile pro- ‘‘(g) ACCREDITATION.—The Chief Operating tional Defense Stockpile Manager may make vided for in section 4 of the Strategic and Officer shall secure and maintain accredita- the additional obligations described in the Critical Materials Stock Piling Act (50 tion by a nationally recognized civilian ac- notification after the end of the 45-day pe- U.S.C. 98c). crediting organization for each aspect of riod beginning on the date on which Con- SEC. 1414. DISPOSAL OF CHROME METAL. each facility of the Retirement Home, in- gress receives the notification. (a) DISPOSAL AUTHORIZED.—The Secretary cluding medical and dental care, pharmacy, (c) LIMITATIONS.—The authorities provided of Defense may dispose of up to 500 short independent living, and assisted living and by this section shall be subject to such limi- tons of chrome metal from the National De- nursing care.’’. tations as may be provided in appropriations fense Stockpile during fiscal year 2008. (c) SPECTRUM OF CARE.—Section 1513(b) of Acts. (b) CONTINGENT AUTHORITY FOR ADDITIONAL the Armed Forces Retirement Home Act of SEC. 1412. REVISIONS TO REQUIRED RECEIPT OB- DISPOSAL.— 1991 (24 U.S.C. 413(b)) is amended by inserting JECTIVES FOR PREVIOUSLY AU- (1) IN GENERAL.—If the Secretary of De- after the first sentence the following new THORIZED DISPOSALS FROM THE fense completes the disposal of the total sentence: ‘‘The services provided residents of NATIONAL DEFENSE STOCKPILE. quantity of chrome metal authorized for dis- the Retirement Home shall include appro- (a) FISCAL YEAR 2000 DISPOSAL AUTHOR- posal by subsection (a) before September 30, priate nonacute medical and dental services, ITY.—Section 3402(b) of the National Defense 2008, the Secretary of Defense may dispose of pharmaceutical services, and transportation Authorization Act for Fiscal Year 2000 (50 up to an additional 250 short tons of chrome of residents, which shall be provided at no U.S.C. 98d note), as amended by section 3302 of the National Defense Authorization Act metal from the National Defense Stockpile cost to residents.’’. for Fiscal Year 2004 (Public Law 108–136; 117 before that date. (d) SENIOR MEDICAL ADVISOR FOR RETIRE- Stat. 1788) and section 3302 of the National (2) ADDITIONAL AMOUNTS.—If the Secretary MENT HOME.— Defense Authorization Act for Fiscal Year completes the disposal of the total quantity (1) DESIGNATION AND DUTIES OF SENIOR MED- 2006 (Public Law 109–163; 119 Stat. 3545), is of additional chrome metal authorized for ICAL ADVISOR.—The Armed Forces Retire- amended by striking ‘‘$600,000,000 before’’ in disposal by paragraph (1) before September ment Home Act of 1991 is amended by insert- paragraph (5) and inserting ‘‘$710,000,000 by’’. 30, 2008, the Secretary may dispose of up to ing after section 1513 (24 U.S.C. 413) the fol- (b) FISCAL YEAR 1999 DISPOSAL AUTHOR- an additional 250 short tons of chrome metal lowing new section: ITY.—Section 3303(a) of the Strom Thurmond from the National Defense Stockpile before ‘‘SEC. 1513A. IMPROVED HEALTH CARE National Defense Authorization Act for Fis- that date. OVERSIGHT OF RETIREMENT HOME. cal Year 1999 (Public Law 105–261; 50 U.S.C. (c) CERTIFICATION.—The Secretary of De- ‘‘(a) DESIGNATION OF SENIOR MEDICAL ADVI- 98d note), as amended by section 3302 of the fense may dispose of chrome metal under the SOR.—(1) The Secretary of Defense shall des- Ronald W. Reagan National Defense Author- authority of paragraph (1) or (2) of sub- ignate the Deputy Director of the TRICARE ization Act for Year 2005 (Public Law 108–375; section (b) only if the Secretary submits to Management Activity to serve as the Senior 118 Stat. 2193), section 3302 of the National the Committee on Armed Services of the Medical Advisor for the Retirement Home. Defense Authorization Act for Fiscal Year Senate and the Committee on Armed Serv- ‘‘(2) The Deputy Director of the TRICARE 2006 (Public Law 109–163; 119 Stat. 3545), and ices of the House of Representatives, not Management Activity shall serve as Senior section 3302(a) of the John Warner National later than 30 days before the commencement Medical Advisor for the Retirement Home in Defense Authorization Act for Fiscal Year of disposal under the applicable paragraph, addition to performing all other duties and 2007 (Public Law 109–364; 120 Stat. 2513), is written certification that— responsibilities assigned to the Deputy Di- amended by striking ‘‘$1,016,000,000 by the (1) the disposal of the additional chrome rector of the TRICARE Management Activ- end of fiscal year 2014’’ in paragraph (7) and metal from the National Defense Stockpile ity at the time of the designation under inserting ‘‘$1,066,000,000 by the end of fiscal is in the interest of national defense; paragraph (1) or afterward. year 2015’’. (2) the disposal of the additional chrome ‘‘(b) RESPONSIBILITIES.—(1) The Senior SEC. 1413. DISPOSAL OF FERROMANGANESE. metal will not cause disruption to the usual Medical Advisor shall provide advice to the (a) DISPOSAL AUTHORIZED.—The Secretary markets of producers and processors of Secretary of Defense, the Under Secretary of of Defense may dispose of up to 50,000 tons of chrome metal in the United States; and Defense for Personnel and Readiness, and the

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00173 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.069 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H200 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Chief Operating Officer regarding the direc- ‘‘SEC. 1518. INSPECTION OF RETIREMENT HOME. Chief Operating Officer, and the Local Board tion and oversight of the provision of med- ‘‘(a) DUTY OF INSPECTOR GENERAL OF THE for the facility a report containing— ical, preventive mental health, and dental DEPARTMENT OF DEFENSE.—The Inspector ‘‘(A) the results of the inspection; and care services at each facility of the Retire- General of the Department of Defense shall ‘‘(B) a plan to address any recommenda- ment Home. have the duty to inspect the Retirement tions and other matters set forth in the re- ‘‘(2) The Senior Medical Advisor shall also Home. port. provide advice to the Local Board for a facil- ‘‘(b) INSPECTIONS BY INSPECTOR GENERAL.— ‘‘(2) Not later than 45 days after receiving ity of the Retirement Home regarding all (1) In any year in which a facility of the Re- a report and plan under paragraph (1), the medical and medical administrative matters tirement Home is not inspected by a nation- Secretary of Defense shall submit the report of the facility. ally recognized civilian accrediting organiza- and plan to Congress.’’. ‘‘(c) DUTIES.—In carrying out the respon- tion, the Inspector General of the Depart- (g) ARMED FORCES RETIREMENT HOME sibilities set forth in subsection (b), the Sen- ment of Defense shall perform a comprehen- TRUST FUND.—Section 1519 of the Armed ior Medical Advisor shall perform the fol- sive inspection of all aspects of that facility, Forces Retirement Home Act of 1991 (24 lowing duties: including independent living, assisted living, U.S.C. 419) is amended by adding at the end ‘‘(1) Ensure the timely availability to resi- medical and dental care, pharmacy, financial the following new subsection: dents of the Retirement Home, at locations and contracting records, and any aspect of ‘‘(d) REPORTING REQUIREMENTS.—The Chief other than the Retirement Home, of such either facility on which the Local Board for Financial Officer of the Armed Forces Re- acute medical, mental health, and dental the facility or the resident advisory com- tirement Home shall comply with the report- care as such resident may require that is not mittee or council of the facility recommends ing requirements of subchapter II of chapter available at the applicable facility of the Re- inspection. 35 of title 31, United States Code.’’. tirement Home. ‘‘(2) The Inspector General shall be assisted TITLE XV—AUTHORIZATION OF ADDI- ‘‘(2) Ensure compliance by the facilities of in inspections under this subsection by a TIONAL APPROPRIATIONS FOR OPER- the Retirement Home with accreditation medical inspector general of a military de- ATION IRAQI FREEDOM AND OPER- standards, applicable health care standards partment designated for purposes of this sub- ATION ENDURING FREEDOM of the Department of Veterans Affairs, or section by the Secretary of Defense. Sec. 1501. Purpose. any other applicable health care standards ‘‘(3) In conducting the inspection of a facil- Sec. 1502. Army procurement. and requirements (including requirements ity of the Retirement Home under this sub- Sec. 1503. Navy and Marine Corps procure- identified in applicable reports of the Inspec- section, the Inspector General shall solicit ment. tor General of the Department of Defense). concerns, observations, and recommenda- Sec. 1504. Air Force procurement. ‘‘(3) Periodically visit and inspect the med- tions from the Local Board for the facility, Sec. 1505. Joint Improvised Explosive Device ical facilities and medical operations of each the resident advisory committee or council Defeat Fund. facility of the Retirement Home. of the facility, and the residents of the facil- Sec. 1506. Defense-wide activities procure- ‘‘(4) Periodically examine and audit the ity. Any concerns, observations, and rec- ment. medical records and administration of the ommendations solicited from residents shall Sec. 1507. Research, development, test, and Retirement Home. be solicited on a not-for-attribution basis. evaluation. ‘‘(5) Consult with the Local Board for each ‘‘(4) The Chief Operating Officer and the Sec. 1508. Operation and maintenance. facility of the Retirement Home not less fre- Director of each facility of the Retirement Sec. 1509. Working capital funds. quently than once each year. Home shall make all staff, other personnel, Sec. 1510. Other Department of Defense pro- ‘‘(d) ADVISORY BODIES.—In carrying out the and records of each facility available to the grams. responsibilities set forth in subsection (b) Inspector General in a timely manner for Sec. 1511. Iraq Freedom Fund. and the duties set forth in subsection (c), the purposes of inspections under this sub- Sec. 1512. Iraq Security Forces Fund. Senior Medical Advisor may establish and section. Sec. 1513. Afghanistan Security Forces seek the advice of such advisory bodies as ‘‘(c) REPORTS ON INSPECTIONS BY INSPECTOR Fund. the Senior Medical Advisor considers appro- GENERAL.—(1) The Inspector General shall Sec. 1514. Military personnel. priate.’’. prepare a report describing the results of Sec. 1515. Strategic Readiness Fund. Sec. 1516. Treatment as additional author- (2) CLERICAL AMENDMENT.—The table of each inspection conducted of a facility of the izations. contents in section 1501(b) of the Armed Retirement Home under subsection (b), and Sec. 1517. Special transfer authority. Forces Retirement Home Act of 1991 (24 include in the report such recommendations U.S.C. 401 note) is amended by inserting as the Inspector General considers appro- SEC. 1501. PURPOSE. after the item relating to section 1513 the priate in light of the inspection. Not later The purpose of this title is to authorize ap- following new item: than 45 days after completing the inspection propriations for the Department of Defense for fiscal year 2008 to provide additional ‘‘1513A. Improved health care oversight of of the facility, the Inspector General shall funds for Operation Iraqi Freedom and Oper- Retirement Home.’’. submit the report to Congress and the Sec- ation Enduring Freedom. (e) LOCAL BOARDS OF TRUSTEES.— retary of Defense, the Under Secretary of De- SEC. 1502. ARMY PROCUREMENT. (1) DUTIES.—Subsection (b) of section 1516 fense for Personnel and Readiness, the Chief Funds are hereby authorized to be appro- of the Armed Forces Retirement Home Act Operating Officer, the Director of the facil- priated for fiscal year 2008 for procurement of 1991 (24 U.S.C. 416) is amended to read as ity, the Senior Medical Advisor, and the accounts for the Army in amounts as fol- follows: Local Board for the facility. lows: ‘‘(b) DUTIES.—(1) The Local Board for a fa- ‘‘(2) Not later than 45 days after receiving cility shall serve in an advisory capacity to a report of the Inspector General under para- (1) For aircraft procurement, $2,086,864,000. the Director of the facility and to the Chief graph (1), the Director of the facility con- (2) For ammunition procurement, Operating Officer. cerned shall submit to the Secretary of De- $513,600,000. ‘‘(2) The Local Board for a facility shall fense, the Under Secretary of Defense for (3) For weapons and tracked combat vehi- provide to the Chief Operating Officer and Personnel and Readiness, the Chief Oper- cles procurement, $7,289,697,000. the Director of the facility such guidance ating Officer, and the Local Board for the fa- (4) For missile procurement, $641,764,000. and recommendations on the administration cility, and to Congress, a plan to address the (5) For other procurement, $32,478,568,000. of the facility as the Local Board considers recommendations and other matters set SEC. 1503. NAVY AND MARINE CORPS PROCURE- appropriate. forth in the report. MENT. ‘‘(3) Not less often than annually, the ‘‘(d) ADDITIONAL INSPECTIONS.—(1) The (a) NAVY.—Funds are hereby authorized to Local Board for a facility shall provide to Chief Operating Officer shall request the in- be appropriated for fiscal year 2008 for pro- the Under Secretary of Defense for Personnel spection of each facility of the Retirement curement accounts for the Navy in amounts and Readiness an assessment of all aspects of Home by a nationally recognized civilian ac- as follows: the facility, including the quality of care at crediting organization in accordance with (1) For aircraft procurement, $3,908,458,000. the facility.’’. section 1511(g). (2) For weapons procurement, $318,281,000. (2) COMPOSITION.—Subparagraph (K) of sub- ‘‘(2) The Chief Operating Officer and the (3) For other procurement, $1,870,597,000. section (c) of such section is amended to read Director of a facility being inspected under (b) MARINE CORPS.—Funds are hereby au- as follows: this subsection shall make all staff, other thorized to be appropriated for fiscal year ‘‘(K) One senior representative of one of personnel, and records of the facility avail- 2008 for the procurement account for the Ma- the chief personnel officers of the Armed able to the civilian accrediting organization rine Corps in the amount of $5,519,740,000. Forces, who shall be a commissioned officer in a timely manner for purposes of inspec- (c) NAVY AND MARINE CORPS AMMUNITION.— of the Armed Forces serving on active duty tions under this subsection. Funds are hereby authorized to be appro- in the grade of brigadier general, or in the ‘‘(e) REPORTS ON ADDITIONAL INSPEC- priated for fiscal year 2008 for the procure- case of the Navy or Coast Guard, rear admi- TIONS.—(1) Not later than 45 days after re- ment account for ammunition for the Navy ral (lower half).’’. ceiving a report of an inspection from the ci- and the Marine Corps in the amount of (f) INSPECTION OF RETIREMENT HOME.—Sec- vilian accrediting organization under sub- $609,890,000. tion 1518 of the Armed Forces Retirement section (d), the Director of the facility con- SEC. 1504. AIR FORCE PROCUREMENT. Home Act of 1991 (24 U.S.C. 418) is amended cerned shall submit to the Under Secretary Funds are hereby authorized to be appro- to read as follows: of Defense for Personnel and Readiness, the priated for fiscal year 2008 for procurement

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accounts for the Air Force in amounts as fol- expenses, not otherwise provided for, for the (d) TRANSFER AUTHORITY.— lows: Defense Health Program in the amount of (1) TRANSFERS AUTHORIZED.—Subject to (1) For aircraft procurement, $5,828,239,000. $1,137,442,000 for operation and maintenance. paragraph (2), amounts authorized to be ap- (2) For ammunition procurement, (b) DRUG INTERDICTION AND COUNTER-DRUG propriated by subsection (a) may be trans- $104,405,000. ACTIVITIES, DEFENSE-WIDE.—Funds are here- ferred from the Iraq Security Forces Fund to (3) For missile procurement, $1,800,000. by authorized to be appropriated for the De- any of the following accounts and funds of (4) For other procurement, $4,528,126,000. partment of Defense for fiscal year 2008 for the Department of Defense to accomplish the SEC. 1505. JOINT IMPROVISED EXPLOSIVE DE- expenses, not otherwise provided for, for purposes provided in subsection (b): VICE DEFEAT FUND. Drug Interdiction and Counter-Drug Activi- (A) Military personnel accounts. (a) AUTHORIZATION OF APPROPRIATIONS.— ties, Defense-wide in the amount of (B) Operation and maintenance accounts. Funds are hereby authorized for fiscal year $257,618,000. (C) Procurement accounts. 2008 for the Joint Improvised Explosive De- (c) DEFENSE INSPECTOR GENERAL.—Funds (D) Research, development, test, and eval- vice Defeat Fund in the amount of are hereby authorized to be appropriated for uation accounts. $4,541,000,000. the Department of Defense for fiscal year (E) Defense working capital funds. (b) USE AND TRANSFER OF FUNDS.—Sub- 2008 for expenses, not otherwise provided for, (F) Overseas Humanitarian, Disaster, and sections (b) and (c) of section 1514 of the for the Office of the Inspector General of the Civic Aid account. Department of Defense in the amount of John Warner National Defense Authorization (2) ADDITIONAL AUTHORITY.—The transfer Act for Fiscal Year 2007 (Public Law 109–364; $4,394,000 for operation and maintenance. authority provided by paragraph (1) is in ad- 120 Stat. 2439) shall apply to the funds appro- SEC. 1511. IRAQ FREEDOM FUND. dition to any other transfer authority avail- priated pursuant to the authorization of ap- (a) IN GENERAL.—Funds are hereby author- able to the Department of Defense. ized to be appropriated for fiscal year 2008 for propriations in subsection (a). (3) TRANSFERS BACK TO THE FUND.—Upon (c) REVISION OF MANAGEMENT PLAN.—The the Iraq Freedom Fund in the amount of determination that all or part of the funds Secretary of Defense shall revise the man- $207,500,000. transferred from the Iraq Security Forces (b) TRANSFER.— agement plan required by section 1514(d) of Fund under paragraph (1) are not necessary (1) TRANSFER AUTHORIZED.—Subject to the John Warner National Defense Author- for the purpose provided, such funds may be paragraph (2), amounts authorized to be ap- ization Act for Fiscal Year 2007 to identify transferred back to the Iraq Security Forces propriated by subsection (a) may be trans- projected transfers and obligations through Fund. ferred from the Iraq Freedom Fund to any September 30, 2008. (4) EFFECT ON AUTHORIZATION AMOUNTS.—A accounts as follows: (d) DURATION OF AUTHORITY.—Section transfer of an amount to an account under (A) Operation and maintenance accounts of 1514(f) of the John Warner National Defense the authority in paragraph (1) shall be the Armed Forces. Authorization Act for Fiscal Year 2007 is deemed to increase the amount authorized (B) Military personnel accounts. amended by striking ‘‘September 30, 2009’’ for such account by an amount equal to the (C) Research, development, test, and eval- and inserting ‘‘September 30, 2010’’. amount transferred. uation accounts of the Department of De- SEC. 1506. DEFENSE-WIDE ACTIVITIES PROCURE- (e) NOTICE TO CONGRESS.—Funds may not MENT. fense. (D) Procurement accounts of the Depart- be obligated from the Iraq Security Forces Funds are hereby authorized to be appro- Fund, or transferred under the authority priated for fiscal year 2008 for the procure- ment of Defense. (E) Accounts providing funding for classi- provided in subsection (d)(1), until five days ment account for Defense-wide activities in after the date on which the Secretary of De- the amount of $768,157,000. fied programs. (F) The operating expenses account of the fense notifies the congressional defense com- SEC. 1507. RESEARCH, DEVELOPMENT, TEST, AND Coast Guard. mittees in writing of the details of the pro- EVALUATION. posed obligation or transfer. Funds are hereby authorized to be appro- (2) NOTICE TO CONGRESS.—A transfer may not be made under the authority in para- (f) CONTRIBUTIONS.— priated for fiscal year 2008 for the use of the (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— Department of Defense for research, develop- graph (1) until five days after the date on which the Secretary of Defense notifies the Subject to paragraph (2), the Secretary of ment, test, and evaluation as follows: Defense may accept contributions of (1) For the Army, $183,299,000. congressional defense committees in writing of the transfer. amounts to the Iraq Security Forces Fund (2) For the Navy, $695,996,000. for the purposes provided in subsection (b) (3) For the Air Force, $1,457,710,000. (3) TREATMENT OF TRANSFERRED FUNDS.— Amounts transferred to an account under from any person, foreign government, or (4) For Defense-wide activities, international organization. Any amounts so $1,320,088,000. the authority in paragraph (1) shall be merged with amounts in such account and accepted shall be credited to the Iraq Secu- SEC. 1508. OPERATION AND MAINTENANCE. shall be made available for the same pur- rity Forces Fund. Funds are hereby authorized to be appro- poses, and subject to the same conditions (2) LIMITATION.—The Secretary may not ac- priated for fiscal year 2008 for the use of the and limitations, as amounts in such account. cept a contribution under this subsection if Armed Forces for expenses, not otherwise the acceptance of the contribution would (4) EFFECT ON AUTHORIZATION AMOUNTS.—A provided for, for operation and maintenance, transfer of an amount to an account under compromise or appear to compromise the in- in amounts as follows: the authority in paragraph (1) shall be tegrity of any program of the Department of (1) For the Army, $54,929,551,000. deemed to increase the amount authorized Defense. (2) For the Navy, $6,249,793,000. for such account by an amount equal to the (3) USE.—Amounts accepted under this sub- (3) For the Marine Corps, $4,674,688,000. amount transferred. section shall be available for assistance au- (4) For the Air Force, $10,798,473,000. thorized by subsection (b), including transfer SEC. 1512. IRAQ SECURITY FORCES FUND. (5) For Defense-wide activities, under subsection (d) for that purpose. (a) AUTHORIZATION OF APPROPRIATIONS.— $6,424,085,000. Funds are hereby authorized to be appro- (4) NOTIFICATION.—The Secretary shall no- (6) For the Army Reserve, $196,694,000. priated for fiscal year 2008 for the Iraq Secu- tify the congressional defense committees, (7) For the Navy Reserve, $83,407,000. rity Forces Fund in the amount of the Committee on Foreign Relations of the (8) For the Marine Corps Reserve, $3,000,000,000. Senate, and the Committee on Foreign Af- $68,193,000. (b) USE OF FUNDS.— fairs of the House of Representatives, in (9) For the Army National Guard, (1) IN GENERAL.—Funds appropriated pursu- writing, upon the acceptance, and upon the $757,008,000. ant to subsection (a) shall be available to the transfer under subsection (d), of any con- (10) For the Air Force Reserve, $24,266,000. Secretary of Defense for the purpose of al- tribution under this subsection. Such notice (11) For the Air National Guard, lowing the Commander, Multi-National Se- shall specify the source and amount of any $103,267,000. curity Transition Command–Iraq, to provide amount so accepted and the use of any SEC. 1509. WORKING CAPITAL FUNDS. assistance to the security forces of Iraq. amount so accepted. Funds are hereby authorized to be appro- (2) TYPES OF ASSISTANCE AUTHORIZED.—As- (g) QUARTERLY REPORTS.—Not later than 30 priated for fiscal year 2008 for the use of the sistance provided under this section may in- days after the end of each fiscal-year quar- Armed Forces and other activities and agen- clude the provision of equipment, supplies, ter, the Secretary of Defense shall submit to cies of the Department of Defense for pro- services, training, facility and infrastructure the congressional defense committees a re- viding capital for working capital and re- repair, renovation, construction, and fund- port summarizing the details of any obliga- volving funds in amounts as follows: ing. tion or transfer of funds from the Iraq Secu- (1) For the Defense Working Capital Funds, (3) SECRETARY OF STATE CONCURRENCE.—As- rity Forces Fund during such fiscal-year $1,957,675,000. sistance may be provided under this section quarter. (2) For the National Defense Sealift Fund, only with the concurrence of the Secretary (h) DURATION OF AUTHORITY.—Amounts au- $5,110,000. of State. thorized to be appropriated or contributed to SEC. 1510. OTHER DEPARTMENT OF DEFENSE (c) AUTHORITY IN ADDITION TO OTHER AU- the Iraq Security Forces Fund during fiscal PROGRAMS. THORITIES.—The authority to provide assist- year 2008 are available for obligation or (a) DEFENSE HEALTH PROGRAM.—Funds are ance under this section is in addition to any transfer from the Iraq Security Forces Fund hereby authorized to be appropriated for the other authority to provide assistance to for- in accordance with this section until Sep- Department of Defense for fiscal year 2008 for eign nations. tember 30, 2009.

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00175 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.070 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H202 CONGRESSIONAL RECORD — HOUSE January 16, 2008 SEC. 1513. AFGHANISTAN SECURITY FORCES thorized by subsection (b), including transfer Sec. 1613. Return of recovering service mem- FUND. under subsection (d) for that purpose. bers to active duty in the (a) AUTHORIZATION OF APPROPRIATIONS.— (4) NOTIFICATION.—The Secretary shall no- Armed Forces. Funds are hereby authorized to be appro- tify the congressional defense committees, Sec. 1614. Transition of recovering service priated for fiscal year 2008 for the Afghani- the Committee on Foreign Relations of the members from care and treat- stan Security Forces Fund in the amount of Senate, and the Committee on Foreign Af- ment through the Department $2,700,000,000. fairs of the House of Representatives, in of Defense to care, treatment, (b) USE OF FUNDS.— writing, upon the acceptance, and upon the and rehabilitation through the (1) IN GENERAL.—Funds authorized to be transfer under subsection (d), of any con- Department of Veterans Af- appropriated by subsection (a) shall be avail- tribution under this subsection. Such notice fairs. able to the Secretary of Defense to provide shall specify the source and amount of any Sec. 1615. Reports. assistance to the security forces of Afghani- amount so accepted and the use of any stan. Sec. 1616. Establishment of a wounded war- amount so accepted. rior resource center. (2) TYPES OF ASSISTANCE AUTHORIZED.—As- (g) QUARTERLY REPORTS.—Not later than 30 sistance provided under this section may in- days after the end of each fiscal-year quar- Sec. 1617. Notification to Congress of hos- clude the provision of equipment, supplies, ter, the Secretary of Defense shall submit to pitalization of combat wounded services, training, facility and infrastructure the congressional defense committees a re- service members. repair, renovation, construction, and funds. port summarizing the details of any obliga- Sec. 1618. Comprehensive plan on preven- (3) SECRETARY OF STATE CONCURRENCE.—As- tion or transfer of funds from the Afghani- tion, diagnosis, mitigation, sistance may be provided under this section stan Security Forces Fund during such fis- treatment, and rehabilitation only with the concurrence of the Secretary cal-year quarter. of, and research on, traumatic of State. (h) DURATION OF AUTHORITY.—Amounts au- brain injury, post-traumatic (c) AUTHORITY IN ADDITION TO OTHER AU- thorized to be appropriated or contributed to stress disorder, and other men- THORITIES.—The authority to provide assist- the Afghanistan Security Forces Fund dur- tal health conditions in mem- ance under this section is in addition to any ing fiscal year 2008 are available for obliga- bers of the Armed Forces. other authority to provide assistance to for- tion or transfer from the Afghanistan Secu- Subtitle B—Centers of Excellence in the Pre- eign nations. rity Forces Fund in accordance with this vention, Diagnosis, Mitigation, Treatment, (d) TRANSFER AUTHORITY.— section until September 30, 2009. and Rehabilitation of Traumatic Brain In- (1) TRANSFERS AUTHORIZED.—Subject to SEC. 1514. MILITARY PERSONNEL. paragraph (2), amounts authorized to be ap- jury, Post-Traumatic Stress Disorder, and There is hereby authorized to be appro- propriated by subsection (a) may be trans- Eye Injuries priated to the Department of Defense for ferred from the Afghanistan Security Forces military personnel accounts for fiscal year Sec. 1621. Center of excellence in the preven- Fund to any of the following accounts and 2008 a total of $17,912,510,000. tion, diagnosis, mitigation, funds of the Department of Defense to ac- treatment, and rehabilitation SEC. 1515. STRATEGIC READINESS FUND. complish the purposes provided in subsection of traumatic brain injury. There is authorized to be appropriated (b): $1,000,000,000 to the Strategic Readiness Sec. 1622. Center of excellence in prevention, (A) Military personnel accounts. Fund. diagnosis, mitigation, treat- (B) Operation and maintenance accounts. ment, and rehabilitation of (C) Procurement accounts. SEC. 1516. TREATMENT AS ADDITIONAL AUTHOR- IZATIONS. post-traumatic stress disorder (D) Research, development, test, and eval- The amounts authorized to be appropriated and other mental health condi- uation accounts. by this title are in addition to amounts oth- tions. (E) Defense working capital funds. erwise authorized to be appropriated by this Sec. 1623. Center of excellence in prevention, (F) Overseas Humanitarian, Disaster, and Act. diagnosis, mitigation, treat- Civic Aid. SEC. 1517. SPECIAL TRANSFER AUTHORITY. ment, and rehabilitation of (2) ADDITIONAL AUTHORITY.—The transfer (a) AUTHORITY TO TRANSFER AUTHORIZA- military eye injuries. authority provided by paragraph (1) is in ad- TIONS.— Sec. 1624. Report on establishment of cen- dition to any other transfer authority avail- (1) AUTHORITY.—Upon determination by ters of excellence. able to the Department of Defense. the Secretary of Defense that such action is (3) TRANSFERS BACK TO FUND.—Upon a de- Subtitle C—Health Care Matters necessary in the national interest, the Sec- termination that all or part of the funds retary may transfer amounts of authoriza- Sec. 1631. Medical care and other benefits transferred from the Afghanistan Security tions made available to the Department of for members and former mem- Forces Fund under paragraph (1) are not nec- Defense in this title for fiscal year 2008 be- bers of the Armed Forces with essary for the purpose for which transferred, tween any such authorizations for that fiscal severe injuries or illnesses. such funds may be transferred back to the year (or any subdivisions thereof). Amounts Sec. 1632. Reimbursement of travel expenses Afghanistan Security Forces Fund. of authorizations so transferred shall be of retired members with com- (4) EFFECT ON AUTHORIZATION AMOUNTS.—A merged with and be available for the same bat-related disabilities for fol- transfer of an amount to an account under purposes as the authorization to which low-on specialty care, services, the authority in paragraph (1) shall be transferred. and supplies. deemed to increase the amount authorized (2) LIMITATION.—The total amount of au- Sec. 1633. Respite care and other extended for such account by an amount equal to the thorizations that the Secretary may transfer care benefits for members of amount transferred. the uniformed services who (e) PRIOR NOTICE TO CONGRESS OF OBLIGA- under the authority of this section may not incur a serious injury or illness TION OR TRANSFER.—Funds may not be obli- exceed $3,500,000,000. gated from the Afghanistan Security Forces (b) TERMS AND CONDITIONS.—Transfers on active duty. Fund, or transferred under subsection (d)(1), under this section shall be subject to the Sec. 1634. Reports. until five days after the date on which the same terms and conditions as transfers Sec. 1635. Fully interoperable electronic per- Secretary of Defense notifies the congres- under section 1001. sonal health information for (c) ADDITIONAL AUTHORITY.—The transfer sional defense committees in writing of the the Department of Defense and authority provided by this section is in addi- details of the proposed obligation or trans- Department of Veterans Af- tion to the transfer authority provided under fer. fairs. section 1001. (f) CONTRIBUTIONS.— Sec. 1636. Enhanced personnel authorities (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— TITLE XVI—WOUNDED WARRIOR for the Department of Defense Subject to paragraph (2), the Secretary of MATTERS for health care professionals for Defense may accept contributions of Sec. 1601. Short title. care and treatment of wounded amounts to the Afghanistan Security Forces Sec. 1602. General definitions. and injured members of the Fund for the purposes provided in subsection Sec. 1603. Consideration of gender-specific Armed Forces. needs of recovering service (b) from any person, foreign government, or Sec. 1637. Continuation of transitional members and veterans. international organization. Any amounts so health benefits for members of accepted shall be credited to the Afghanistan Subtitle A—Policy on Improvements to Care, the Armed Forces pending reso- Security Forces Fund. Management, and Transition of Recovering lution of service-related med- (2) LIMITATION.—The Secretary may not ac- Service Members ical conditions. cept a contribution under this subsection if Sec. 1611. Comprehensive policy on improve- Subtitle D—Disability Matters the acceptance of the contribution would ments to care, management, compromise or appear to compromise the in- and transition of recovering Sec. 1641. Utilization of veterans’ presump- tegrity of any program of the Department of service members. tion of sound condition in es- Defense. Sec. 1612. Medical evaluations and physical tablishing eligibility of mem- (3) USE.—Amounts accepted under this sub- disability evaluations of recov- bers of the Armed Forces for re- section shall be available for assistance au- ering service members. tirement for disability.

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Review of separation of members 1611(a), and in otherwise carrying out any (A) the Committees on Armed Services, other provision of this title or any amend- of the Armed Forces separated ment made by this title, the Secretary of De- from service with a disability Veterans’ Affairs, and Appropriations of the fense and the Secretary of Veterans Affairs rating of 20 percent disabled or Senate; and shall take into account and fully address any less. (B) the Committees on Armed Services, unique gender-specific needs of recovering Sec. 1644. Authorization of pilot programs to Veterans’ Affairs, and Appropriations of the House of Representatives. service members and veterans under such improve the disability evalua- policy or other provision. (2) BENEFITS DELIVERY AT DISCHARGE PRO- tion system for members of the (b) REPORTS.—In submitting any report re- GRAM.—The term ‘‘Benefits Delivery at Dis- Armed Forces. quired by this title or an amendment made Sec. 1645. Reports on Army action plan in charge Program’’ means a program adminis- by this title, the Secretary of Defense and response to deficiencies in the tered jointly by the Secretary of Defense and the Secretary of Veterans Affairs shall, to Army physical disability eval- the Secretary of Veterans Affairs to provide the extent applicable, include a description uation system. information and assistance on available ben- of the manner in which the matters covered Sec. 1646. Enhancement of disability sever- efits and other transition assistance to mem- by such report address the unique gender- ance pay for members of the bers of the Armed Forces who are separating specific needs of recovering service members Armed Forces. from the Armed Forces, including assistance and veterans. Sec. 1647. Assessments of continuing utility to obtain any disability benefits for which Subtitle A—Policy on Improvements to Care, and future role of temporary such members may be eligible. Management, and Transition of Recovering disability retired list. (3) DISABILITY EVALUATION SYSTEM.—The Service Members Sec. 1648. Standards for military medical term ‘‘Disability Evaluation System’’ means SEC. 1611. COMPREHENSIVE POLICY ON IM- treatment facilities, specialty the following: PROVEMENTS TO CARE, MANAGE- medical care facilities, and (A) A system or process of the Department MENT, AND TRANSITION OF RECOV- military quarters housing pa- of Defense for evaluating the nature and ex- ERING SERVICE MEMBERS. tients and annual report on tent of disabilities affecting members of the (a) COMPREHENSIVE POLICY REQUIRED.— such facilities. Armed Forces that is operated by the Secre- (1) IN GENERAL.—Not later than July 1, Sec. 1649. Reports on Army Medical Action 2008, the Secretary of Defense and the Sec- taries of the military departments and is Plan in response to deficiencies retary of Veterans Affairs shall, to the ex- comprised of medical evaluation boards, identified at Walter Reed Army tent feasible, jointly develop and implement physical evaluation boards, counseling of Medical Center, District of Co- a comprehensive policy on improvements to members, and mechanisms for the final dis- lumbia. the care, management, and transition of re- Sec. 1650. Required certifications in connec- position of disability evaluations by appro- covering service members. tion with closure of Walter priate personnel. (2) SCOPE OF POLICY.—The policy shall Reed Army Medical Center, (B) A system or process of the Coast Guard cover each of the following: District of Columbia. for evaluating the nature and extent of dis- (A) The care and management of recov- Sec. 1651. Handbook for members of the abilities affecting members of the Coast ering service members. Armed Forces on compensation Guard that is operated by the Secretary of (B) The medical evaluation and disability and benefits available for seri- Homeland Security and is similar to the sys- evaluation of recovering service members. ous injuries and illnesses. tem or process of the Department of Defense (C) The return of service members who have recovered to active duty when appro- Subtitle E—Studies and Reports described in subparagraph (A). (4) ELIGIBLE FAMILY MEMBER.—The term priate. Sec. 1661. Study on physical and mental ‘‘eligible family member’’, with respect to a (D) The transition of recovering service health and other readjustment recovering service member, means a family members from receipt of care and services needs of members and former member (as defined in section 411 h(b) of through the Department of Defense to re- members of the Armed Forces ceipt of care and services through the De- who deployed in Operation Iraqi title 37, United States Code) who is on invi- tational travel orders or serving as a non- partment of Veterans Affairs. Freedom and Operation Endur- (3) CONSULTATION.—The Secretary of De- medical attendee while caring for the recov- ing Freedom and their families. fense and the Secretary of Veterans Affairs ering service member for more than 45 days Sec. 1662. Access of recovering service mem- shall develop the policy in consultation with during a one-year period. bers to adequate outpatient res- the heads of other appropriate departments idential facilities. (5) MEDICAL CARE.—The term ‘‘medical and agencies of the Federal Government and Sec. 1663. Study and report on support serv- care’’ includes mental health care. with appropriate non-governmental organi- ices for families of recovering (6) OUTPATIENT STATUS.—The term ‘‘out- zations having an expertise in matters relat- service members. patient status’’, with respect to a recovering ing to the policy. Sec. 1664. Report on traumatic brain injury service member, means the status of a recov- (4) UPDATE.—The Secretary of Defense and classifications. ering service member assigned to— the Secretary of Veterans Affairs shall joint- Sec. 1665. Evaluation of the Polytrauma Li- (A) a military medical treatment facility ly update the policy on a periodic basis, but aison Officer/Non-Commis- as an outpatient; or not less often than annually, in order to in- sioned Officer program. (B) a unit established for the purpose of corporate in the policy, as appropriate, the Subtitle F—Other Matters providing command and control of members following: (A) The results of the reviews required Sec. 1671. Prohibition on transfer of re- of the Armed Forces receiving medical care under subsections (b) and (c). sources from medical care. as outpatients. (B) Best practices identified through pilot Sec. 1672. Medical care for families of mem- (7) RECOVERING SERVICE MEMBER.—The programs carried out under this title. bers of the Armed Forces recov- term ‘‘recovering service member’’ means a (C) Improvements to matters under the ering from serious injuries or member of the Armed Forces, including a policy otherwise identified and agreed upon illnesses. member of the National Guard or a Reserve, by the Secretary of Defense and the Sec- Sec. 1673. Improvement of medical tracking who is undergoing medical treatment, recu- peration, or therapy and is in an outpatient retary of Veterans Affairs. system for members of the (b) REVIEW OF CURRENT POLICIES AND PRO- status while recovering from a serious injury Armed Forces deployed over- CEDURES.— or illness related to the member’s military seas. (1) REVIEW REQUIRED.—In developing the Sec. 1674. Guaranteed funding for Walter service. policy required by subsection (a), the Sec- Reed Army Medical Center, (8) SERIOUS INJURY OR ILLNESS.—The term retary of Defense and the Secretary of Vet- District of Columbia. ‘‘serious injury or illness’’, in the case of a erans Affairs shall, to the extent necessary, Sec. 1675. Use of leave transfer program by member of the Armed Forces, means an in- jointly and separately conduct a review of wounded veterans who are Fed- jury or illness incurred by the member in all policies and procedures of the Depart- eral employees. line of duty on active duty in the Armed ment of Defense and the Department of Vet- Sec. 1676. Moratorium on conversion to con- Forces that may render the member medi- erans Affairs that apply to, or shall be cov- tractor performance of Depart- cally unfit to perform the duties of the mem- ered by, the policy. ment of Defense functions at ber’s office, grade, rank, or rating. (2) PURPOSE.—The purpose of the review military medical facilities. (9) TRICARE PROGRAM.—The term shall be to identify the most effective and SEC. 1601. SHORT TITLE. ‘‘TRICARE program’’ has the meaning given patient-oriented approaches to care and This title may be cited as the ‘‘Wounded that term in section 1072(7) of title 10, United management of recovering service members Warrior Act’’. States Code. for purposes of—

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(A) incorporating such approaches into the NON-MEDICAL CARE MANAGERS FOR RECOV- the duties of such coordinators under the policy; and ERING SERVICE MEMBERS.— program. (B) extending such approaches, where ap- (1) IN GENERAL.—The policy required by (F) SUPERVISION.—The policy shall specify plicable, to the care and management of subsection (a) shall provide for uniform requirements for the appropriate rank or other injured or ill members of the Armed standards among the military departments grade, and appropriate occupation, for per- Forces and veterans. for the training and skills of health care pro- sons appointed to head and supervise recov- (3) ELEMENTS.—In conducting the review, fessionals, recovery care coordinators, med- ery care coordinators. the Secretary of Defense and the Secretary ical care case managers, and non-medical (3) MEDICAL CARE CASE MANAGERS FOR RE- of Veterans Affairs shall— care managers for recovering service mem- COVERING SERVICE MEMBERS.— (A) identify among the policies and proce- bers under subsection (e) in order to ensure (A) IN GENERAL.—The policy shall provide dures described in paragraph (1) best prac- that such personnel are able to— for a uniform program among the military tices in approaches to the care and manage- (A) detect early warning signs of post-trau- departments for the assignment to recov- ment of recovering service members; matic stress disorder (PTSD), suicidal or ering service members of medical care case (B) identify among such policies and proce- homicidal thoughts or behaviors, and other managers having the duties specified in sub- dures existing and potential shortfalls in the behavioral health concerns among recov- paragraph (B). care and management of recovering service ering service members; and (B) DUTIES.—The duties under the program members (including care and management of (B) promptly notify appropriate health of a medical care case manager for a recov- recovering service members on the tem- care professionals following detection of ering service member (or the service mem- porary disability retired list), and determine such signs. ber’s immediate family or other designee if means of addressing any shortfalls so identi- (2) TRACKING OF NOTIFICATIONS.—In pro- the service member is incapable of making fied; viding for uniform standards under para- judgments about personal medical care) (C) determine potential modifications of graph (1), the policy shall include a mecha- shall include, at a minimum, the following: such policies and procedures in order to en- nism or system to track the number of noti- (i) Assisting in understanding the service sure consistency and uniformity, where ap- fications made by recovery care coordina- member’s medical status during the care, re- propriate, in the application of such policies tors, medical care case managers, and non- covery, and transition of the service mem- and procedures— medical care managers to health care profes- ber. (i) among the military departments; sionals under paragraph (1)(A) regarding (ii) Assisting in the receipt by the service (ii) among the Veterans Integrated Serv- early warning signs of post-traumatic stress member of prescribed medical care during ices Networks (VISNs) of the Department of disorder and suicide in recovering service the care, recovery, and transition of the Veterans Affairs; and members. service member. (iii) between the military departments and (e) SERVICES FOR RECOVERING SERVICE (iii) Conducting a periodic review of the the Veterans Integrated Services Networks; MEMBERS.—The policy required by sub- medical status of the service member, which and section (a) shall provide for improvements as review shall be conducted, to the extent (D) develop recommendations for legisla- follows with respect to the care, manage- practicable, in person with the service mem- tive and administrative action necessary to ment, and transition of recovering service ber, or, whenever the conduct of the review implement the results of the review. members: in person is not practicable, with the med- (4) DEADLINE FOR COMPLETION.—The review (1) COMPREHENSIVE RECOVERY PLAN FOR RE- ical care case manager submitting to the shall be completed not later than 90 days COVERING SERVICE MEMBERS.—The policy manager’s supervisor a written explanation after the date of the enactment of this Act. shall provide for uniform standards and pro- why the review in person was not practicable (c) CONSIDERATION OF EXISTING FINDINGS, cedures for the development of a comprehen- (if the Secretary of the military department RECOMMENDATIONS, AND PRACTICES.—In de- sive recovery plan for each recovering serv- concerned elects to require such written ex- veloping the policy required by subsection ice member that covers the full spectrum of planations for purposes of the program). (a), the Secretary of Defense and the Sec- care, management, transition, and rehabili- (C) LIMITATION ON NUMBER OF SERVICE MEM- retary of Veterans Affairs shall take into ac- tation of the service member during recov- BERS MANAGED BY MANAGERS.—The maximum count the following: ery. number of recovering service members whose (1) The findings and recommendations of (2) RECOVERY CARE COORDINATORS FOR RE- cases may be assigned to a medical care case applicable studies, reviews, reports, and COVERING SERVICE MEMBERS.— manager under the program at any one time evaluations that address matters relating to (A) IN GENERAL.—The policy shall provide shall be such number as the policy shall the policy, including, but not limited, to the for a uniform program for the assignment to specify, except that the Secretary of the following: recovering service members of recovery care military department concerned may waive (A) The Independent Review Group on Re- coordinators having the duties specified in such limitation with respect to a given man- habilitative Care and Administrative Proc- subparagraph (B). ager for not more than 120 days in the event esses at Walter Reed Army Medical Center (B) DUTIES.—The duties under the program of unforeseen circumstances (as specified in and National Naval Medical Center, ap- of a recovery care coordinator for a recov- the policy). pointed by the Secretary of Defense. ering service member shall include, but not (D) TRAINING.—The policy shall specify (B) The Secretary of Veterans Affairs Task be limited to, overseeing and assisting the standard training requirements and cur- Force on Returning Global War on Terror service member in the service member’s ricula for medical care case managers under Heroes, appointed by the President. course through the entire spectrum of care, the program, including a requirement for (C) The President’s Commission on Care management, transition, and rehabilitation successful completion of the training pro- for America’s Returning Wounded Warriors. services available from the Federal Govern- gram before a person may assume the duties (D) The Veterans’ Disability Benefits Com- ment, including services provided by the De- of such a manager. mission established by title XV of the Na- partment of Defense, the Department of Vet- (E) RESOURCES.—The policy shall include tional Defense Authorization Act for Fiscal erans Affairs, the Department of Labor, and mechanisms to ensure that medical care case Year 2004 (Public Law 108–136; 117 Stat. 1676; the Social Security Administration. managers under the program have the re- 38 U.S.C. 1101 note). (C) LIMITATION ON NUMBER OF SERVICE MEM- sources necessary to expeditiously carry out (E) The President’s Task Force to Improve BERS MANAGED BY COORDINATORS.—The max- the duties of such managers under the pro- Health Care Delivery for Our Nation’s Vet- imum number of recovering service members gram. erans, of March 2003. whose cases may be assigned to a recovery (F) SUPERVISION AT ARMED FORCES MEDICAL (F) The Report of the Congressional Com- care coordinator under the program at any FACILITIES.—The policy shall specify require- mission on Servicemembers and Veterans one time shall be such number as the policy ments for the appropriate rank or grade, and Transition Assistance, of 1999, chaired by shall specify, except that the Secretary of appropriate occupation, for persons ap- Anthony J. Principi. the military department concerned may pointed to head and supervise the medical (G) The President’s Commission on Vet- waive such limitation with respect to a given care case managers at each medical facility erans’ Pensions, of 1956, chaired by General coordinator for not more than 120 days in the of the Armed Forces. Persons so appointed Omar N. Bradley. event of unforeseen circumstances (as speci- may be appointed from the Army Medical (2) The experience and best practices of the fied in the policy). Corps, Army Medical Service Corps, Army Department of Defense and the military de- (D) TRAINING.—The policy shall specify Nurse Corps, Navy Medical Corps, Navy Med- partments on matters relating to the policy. standard training requirements and cur- ical Service Corps, Navy Nurse Corps, Air (3) The experience and best practices of the ricula for recovery care coordinators under Force Medical Service, or other corps or ci- Department of Veterans Affairs on matters the program, including a requirement for vilian health care professional, as applicable, relating to the policy. successful completion of the training pro- at the discretion of the Secretary of Defense. (4) Such other matters as the Secretary of gram before a person may assume the duties (4) NON-MEDICAL CARE MANAGERS FOR RE- Defense and the Secretary of Veterans Af- of such a coordinator. COVERING SERVICE MEMBERS.— fairs consider appropriate. (E) RESOURCES.—The policy shall include (A) IN GENERAL.—The policy shall provide (d) TRAINING AND SKILLS OF HEALTH CARE mechanisms to ensure that recovery care co- for a uniform program among the military PROFESSIONALS, RECOVERY CARE COORDINA- ordinators under the program have the re- departments for the assignment to recov- TORS, MEDICAL CARE CASE MANAGERS, AND sources necessary to expeditiously carry out ering service members of non-medical care

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managers having the duties specified in sub- (6) ASSIGNMENT OF RECOVERING SERVICE shall provide for uniform guidelines among paragraph (B). MEMBERS TO LOCATIONS OF CARE.— the military departments on the provision (B) DUTIES.—The duties under the program (A) IN GENERAL.—The policy shall provide by the military departments of support for of a non-medical care manager for a recov- for uniform guidelines among the military family members of recovering service mem- ering service member shall include, at a min- departments for the assignment of recov- bers who are not otherwise eligible for care imum, the following: ering service members to a location of care, under section 1672 in caring for such service (i) Communicating with the service mem- including guidelines that provide for the as- members during their recovery. ber and with the service member’s family or signment of recovering service members, (2) ADVICE AND TRAINING FOR FAMILY MEM- other individuals designated by the service when medically appropriate, to care and resi- BERS OF RECOVERING SERVICE MEMBERS.—The member regarding non-medical matters that dential facilities closest to their duty sta- policy shall provide for uniform require- arise during the care, recovery, and transi- tion or home of record or the location of ments and standards among the military de- tion of the service member. their designated care giver at the earliest partments on the provision by the military (ii) Assisting with oversight of the service possible time. departments of advice and training, as ap- member’s welfare and quality of life. (B) REASSIGNMENT FROM DEFICIENT FACILI- propriate, to family members of recovering (iii) Assisting the service member in re- TIES.—The policy shall provide for uniform service members with respect to care for solving problems involving financial, admin- guidelines and procedures among the mili- such service members during their recovery. istrative, personnel, transitional, and other tary departments for the reassignment of re- (3) MEASUREMENT OF SATISFACTION OF FAM- matters that arise during the care, recovery, covering service members from a medical or ILY MEMBERS OF RECOVERING SERVICE MEM- and transition of the service member. medical-related support facility determined BERS WITH QUALITY OF HEALTH CARE SERV- (C) DURATION OF DUTIES.—The policy shall by the Secretary of Defense to violate the ICES.—The policy shall provide for uniform provide that a non-medical care manager standards required by section 1648 to another procedures among the military departments shall perform duties under the program for a appropriate medical or medical-related sup- on the measurement of the satisfaction of recovering service member until the service port facility until the correction of viola- family members of recovering service mem- member is returned to active duty or retired tions of such standards at the medical or bers with the quality of health care services or separated from the Armed Forces. medical-related support facility from which provided to such service members during (D) LIMITATION ON NUMBER OF SERVICE MEM- such service members are reassigned. their recovery. BERS MANAGED BY MANAGERS.—The maximum (7) TRANSPORTATION AND SUBSISTENCE FOR (4) JOB PLACEMENT SERVICES FOR FAMILY number of recovering service members whose RECOVERING SERVICE MEMBERS.—The policy MEMBERS OF RECOVERING SERVICE MEMBERS.— cases may be assigned to a non-medical care shall provide for uniform standards among The policy shall provide for procedures for manager under the program at any one time the military departments on the availability application by eligible family members dur- shall be such number as the policy shall of appropriate transportation and subsist- ing a one-year period for job placement serv- specify, except that the Secretary of the ence for recovering service members to fa- ices otherwise offered by the Department of military department concerned may waive cilitate their obtaining needed medical care Defense. such limitation with respect to a given man- and services. (g) OUTREACH TO RECOVERING SERVICE MEM- ager for not more than 120 days in the event (8) WORK AND DUTY ASSIGNMENTS FOR RE- BERS AND THEIR FAMILIES ON COMPREHENSIVE of unforeseen circumstances (as specified in COVERING SERVICE MEMBERS.—The policy POLICY.—The policy required by subsection the policy). shall provide for uniform criteria among the (a) shall include procedures and mechanisms (E) TRAINING.—The policy shall specify military departments for the assignment of to ensure that recovering service members standard training requirements and cur- recovering service members to work and and their families are fully informed of the ricula among the military departments for duty assignments that are compatible with policies required by this section, including non-medical care managers under the pro- their medical conditions. policies on medical care for recovering serv- gram, including a requirement for successful (9) ACCESS OF RECOVERING SERVICE MEMBERS ice members, on the management and transi- completion of the training program before a TO EDUCATIONAL AND VOCATIONAL TRAINING tion of recovering service members, and on person may assume the duties of such a man- AND REHABILITATION.—The policy shall pro- the responsibilities of recovering service ager. vide for uniform standards among the mili- members and their family members through- (F) RESOURCES.—The policy shall include tary departments on the provision of edu- out the continuum of care and services for mechanisms to ensure that non-medical care cational and vocational training and reha- recovering service members under this sec- managers under the program have the re- bilitation opportunities for recovering serv- tion. sources necessary to expeditiously carry out ice members at the earliest possible point in (h) APPLICABILITY OF COMPREHENSIVE POL- the duties of such managers under the pro- their recovery. ICY TO RECOVERING SERVICE MEMBERS ON TEMPORARY DISABILITY RETIRED LIST.—Ap- gram. (10) TRACKING OF RECOVERING SERVICE MEM- propriate elements of the policy required by (G) SUPERVISION AT ARMED FORCES MEDICAL BERS.—The policy shall provide for uniform this section shall apply to recovering service FACILITIES.—The policy shall specify require- procedures among the military departments members whose names are placed on the ments for the appropriate rank and occupa- on tracking recovering service members to tional speciality for persons appointed to temporary disability retired list in such facilitate— manner, and subject to such terms and con- head and supervise the non-medical care (A) locating each recovering service mem- ditions, as the Secretary of Defense shall managers at each medical facility of the ber; and prescribe in regulations for purposes of this Armed Forces. (B) tracking medical care appointments of subsection. (5) ACCESS OF RECOVERING SERVICE MEMBERS recovering service members to ensure timeli- SEC. 1612. MEDICAL EVALUATIONS AND PHYS- TO NON-URGENT HEALTH CARE FROM THE DE- ness and compliance of recovering service ICAL DISABILITY EVALUATIONS OF PARTMENT OF DEFENSE OR OTHER PROVIDERS members with appointments, and other phys- RECOVERING SERVICE MEMBERS. UNDER TRICARE.— ical and evaluation timelines, and to provide (a) MEDICAL EVALUATIONS OF RECOVERING (A) IN GENERAL.—The policy shall provide any other information needed to conduct SERVICE MEMBERS.— for appropriate minimum standards for ac- oversight of the care, management, and tran- (1) IN GENERAL.—Not later than July 1, cess of recovering service members to non- sition of recovering service members. 2008, the Secretary of Defense shall develop a urgent medical care and other health care (11) REFERRALS OF RECOVERING SERVICE policy on improvements to the processes, services as follows: MEMBERS TO OTHER CARE AND SERVICES PRO- procedures, and standards for the conduct by (i) In medical facilities of the Department VIDERS.—The policy shall provide for uni- the military departments of medical evalua- of Defense. form policies, procedures, and criteria tions of recovering service members. (ii) Through the TRICARE program. among the military departments on the re- (2) ELEMENTS.—The policy on improve- (B) MAXIMUM WAITING TIMES FOR CERTAIN ferral of recovering service members to the ments to processes, procedures, and stand- CARE.—The standards for access under sub- Department of Veterans Affairs and other ards required under this subsection shall in- paragraph (A) shall include such standards private and public entities (including univer- clude and address the following: on maximum waiting times of recovering sities and rehabilitation hospitals, centers, (A) Processes for medical evaluations of re- service members as the policy shall specify and clinics) in order to secure the most ap- covering service members that— for care that includes, but is not limited to, propriate care for recovering service mem- (i) apply uniformly throughout the mili- the following: bers, which policies, procedures, and criteria tary departments; and (i) Follow-up care. shall take into account, but not be limited (ii) apply uniformly with respect to recov- (ii) Specialty care. to, the medical needs of recovering service ering service members who are members of (iii) Diagnostic referrals and studies. members and the geographic location of the regular components of the Armed Forces (iv) Surgery based on a physician’s deter- available necessary recovery care services. and recovering service members who are mination of medical necessity. (f) SERVICES FOR FAMILIES OF RECOVERING members of the National Guard and Reserve. (C) WAIVER BY RECOVERING SERVICE MEM- SERVICE MEMBERS.—The policy required by (B) Standard criteria and definitions for BERS.—The policy shall permit any recov- subsection (a) shall provide for improve- determining the achievement for recovering ering service member to waive a standard for ments as follows with respect to services for service members of the maximum medical access under this paragraph under such cir- families of recovering service members: benefit from treatment and rehabilitation. cumstances and conditions as the policy (1) SUPPORT FOR FAMILY MEMBERS OF RE- (C) Standard timelines for each of the fol- shall specify. COVERING SERVICE MEMBERS.—The policy lowing:

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00179 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.070 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H206 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (i) Determinations of fitness for duty of re- feasible, utilize the standard schedule for SEC. 1614. TRANSITION OF RECOVERING SERVICE covering service members. rating disabilities in use by the Department MEMBERS FROM CARE AND TREAT- (ii) Specialty care consultations for recov- of Veterans Affairs, including any applicable MENT THROUGH THE DEPARTMENT ering service members. OF DEFENSE TO CARE, TREATMENT, interpretation of such schedule by the AND REHABILITATION THROUGH (iii) Preparation of medical documents for United States Court of Appeals for Veterans THE DEPARTMENT OF VETERANS recovering service members. Claims, in making any determination of dis- AFFAIRS. (iv) Appeals by recovering service members ability of a recovering service member, ex- (a) IN GENERAL.—Not later than July 1, of medical evaluation determinations, in- cept as otherwise authorized by section 1216a 2008, the Secretary of Defense and the Sec- cluding determinations of fitness for duty. of title 10, United States Code (as added by retary of Veterans Affairs shall jointly de- (D) Procedures for ensuring that— section 1642 of this Act). velop and implement processes, procedures, (i) upon request of a recovering service (C) Uniform timelines among the military and standards for the transition of recov- member being considered by a medical eval- departments for appeals of determinations of ering service members from care and treat- uation board, a physician or other appro- disability of recovering service members, in- ment through the Department of Defense to priate health care professional who is inde- cluding timelines for presentation, consider- care, treatment, and rehabilitation through pendent of the medical evaluation board is the Department of Veterans Affairs. ation, and disposition of appeals. assigned to the service member; and (b) ELEMENTS.—The processes, procedures, (ii) the physician or other health care pro- (D) Uniform standards among the military and standards required under this section fessional assigned to a recovering service departments for qualifications and training shall include the following: member under clause (i)— of physical disability evaluation board per- (1) Uniform, patient-focused procedures to (I) serves as an independent source for re- sonnel, including physical evaluation board ensure that the transition described in sub- view of the findings and recommendations of liaison personnel, in conducting physical dis- section (a) occurs without gaps in medical the medical evaluation board; ability evaluations of recovering service care and in the quality of medical care, bene- (II) provides the service member with ad- members. fits, and services. vice and counsel regarding the findings and (E) Uniform standards among the military (2) Procedures for the identification and recommendations of the medical evaluation departments for the maximum number of tracking of recovering service members dur- board; and physical disability evaluation cases of recov- ing the transition, and for the coordination (III) advises the service member on wheth- ering service members that are pending be- of care and treatment of recovering service er the findings of the medical evaluation fore a physical disability evaluation board at members during the transition, including a board adequately reflect the complete spec- any one time, and requirements for the es- system of cooperative case management of trum of injuries and illness of the service tablishment of additional physical disability recovering service members by the Depart- member. evaluation boards in the event such number ment of Defense and the Department of Vet- (E) Standards for qualifications and train- is exceeded. erans Affairs during the transition. ing of medical evaluation board personnel, (F) Uniform standards and procedures (3) Procedures for the notification of De- including physicians, case workers, and among the military departments for the pro- partment of Veterans Affairs liaison per- physical disability evaluation board liaison vision of legal counsel to recovering service sonnel of the commencement by recovering officers, in conducting medical evaluations members while undergoing evaluation by a service members of the medical evaluation of recovering service members. physical disability evaluation board. process and the physical disability evalua- (F) Standards for the maximum number of (G) Uniform standards among the military tion process. medical evaluation cases of recovering serv- departments on the roles and responsibilities (4) Procedures and timelines for the enroll- ment of recovering service members in appli- ice members that are pending before a med- of non-medical care managers under section cable enrollment or application systems of ical evaluation board at any one time, and 1611(e)(4) and judge advocates assigned to re- requirements for the establishment of addi- the Department of Veterans Affairs with re- covering service members undergoing eval- tional medical evaluation boards in the spect to health care, disability, education, uation by a physical disability board, and event such number is exceeded. vocational rehabilitation, or other benefits. uniform standards on the maximum number (G) Standards for information for recov- (5) Procedures to ensure the access of re- of cases involving such service members that ering service members, and their families, on covering service members during the transi- are to be assigned to judge advocates at any the medical evaluation board process and the tion to vocational, educational, and rehabili- rights and responsibilities of recovering one time. tation benefits available through the Depart- service members under that process, includ- (c) ASSESSMENT OF CONSOLIDATION OF DE- ment of Veterans Affairs. ing a standard handbook on such informa- PARTMENT OF DEFENSE AND DEPARTMENT OF (6) Standards for the optimal location of tion (which handbook shall also be available VETERANS AFFAIRS DISABILITY EVALUATION Department of Defense and Department of Veterans Affairs liaison and case manage- electronically). SYSTEMS.— (b) PHYSICAL DISABILITY EVALUATIONS OF ment personnel at military medical treat- (1) IN GENERAL.—The Secretary of Defense RECOVERING SERVICE MEMBERS.— ment facilities, medical centers, and other and the Secretary of Veterans Affairs shall (1) IN GENERAL.—Not later than July 1, medical facilities of the Department of De- jointly submit to the appropriate commit- 2008, the Secretary of Defense and the Sec- fense. tees of Congress a report on the feasability retary of Veterans Affairs shall develop a (7) Standards and procedures for integrated and advisability of consolidating the dis- policy on improvements to the processes, medical care and management of recovering ability evaluation systems of the military procedures, and standards for the conduct of service members during the transition, in- departments and the disability evaluation physical disability evaluations of recovering cluding procedures for the assignment of system of the Department of Veterans Af- service members by the military depart- medical personnel of the Department of Vet- fairs into a single disability evaluation sys- ments and by the Department of Veterans erans Affairs to Department of Defense fa- Affairs. tem. The report shall be submitted together cilities to participate in the needs assess- with the report required by section 1611(a). (2) ELEMENTS.—The policy on improve- ments of recovering service members before, ments to processes, procedures, and stand- (2) ELEMENTS.—The report required by during, and after their separation from mili- ards required under this subsection shall in- paragraph (1) shall include the following: tary service. clude and address the following: (A) An assessment of the feasability and (8) Standards for the preparation of de- (A) A clearly-defined process of the Depart- advisability of consolidating the disability tailed plans for the transition of recovering ment of Defense and the Department of Vet- evaluation systems described in paragraph service members from care and treatment by erans Affairs for disability determinations of (1) as specified in that paragraph. the Department of Defense to care, treat- recovering service members. (B) If the consolidation of the systems is ment, and rehabilitation by the Department (B) To the extent feasible, procedures to considered feasible and advisable— of Veterans Affairs, which plans shall— eliminate unacceptable discrepancies and (i) recommendations for various options (A) be based on standardized elements with improve consistency among disability rat- for consolidating the systems as specified in respect to care and treatment requirements ings assigned by the military departments paragraph (1); and and other applicable requirements; and and the Department of Veterans Affairs, par- (ii) recommendations for mechanisms to (B) take into account the comprehensive ticularly in the disability evaluation of re- evaluate and assess any progress made in recovery plan for the recovering service covering service members, which procedures consolidating the systems as specified in member concerned as developed under sec- shall be subject to the following require- that paragraph. tion 1611(e)(1). ments and limitations: SEC. 1613. RETURN OF RECOVERING SERVICE (9) Procedures to ensure that each recov- (i) Such procedures shall apply uniformly MEMBERS TO ACTIVE DUTY IN THE ering service member who is being retired or with respect to recovering service members ARMED FORCES. separated under chapter 61 of title 10, United who are members of the regular components States Code, receives a written transition of the Armed Forces and recovering service The Secretary of Defense shall establish plan, prior to the time of retirement or sepa- members who are members of the National standards for determinations by the military ration, that— Guard and Reserve. departments on the return of recovering (A) specifies the recommended schedule (ii) Under such procedures, each Secretary service members to active duty in the Armed and milestones for the transition of the serv- of a military department shall, to the extent Forces. ice member from military service;

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(B) provides for a coordinated transition of records and other information to the Depart- (d) COMPTROLLER GENERAL ASSESSMENT OF the service member from the Department of ment of Veterans Affairs. IMPLEMENTATION OF POLICY.— Defense disability evaluation system to the (14) Procedures to ensure that the Sec- (1) IN GENERAL.—Not later than six months Department of Veterans Affairs disability retary of Veterans Affairs gives appropriate after the date of the enactment of this Act system; and consideration to a written statement sub- and every year thereafter through 2010, the (C) includes information and guidance de- mitted to the Secretary by a recovering serv- Comptroller General of the United States signed to assist the service member in under- ice member regarding the transition. shall submit to the appropriate committees standing and meeting the schedule and mile- (15) Procedures to provide access for the of Congress a report setting forth the assess- stones specified under subparagraph (A) for Department of Veterans Affairs to the mili- ment of the Comptroller General of the the service member’s transition. tary health records of recovering service progress of the Secretary of Defense and the (10) Procedures for the transmittal from members who are receiving care and treat- Secretary of Veterans Affairs in developing the Department of Defense to the Depart- ment, or are anticipating receipt of care and and implementing the policy required by sec- ment of Veterans Affairs of records and any treatment, in Department of Veterans Af- tion 1611(a). Each report shall include a cer- other required information on each recov- fairs health care facilities, which procedures tification by the Comptroller General as to ering service member described in paragraph shall be consistent with the procedures and whether the Comptroller General has had (9), which procedures shall provide for the requirements in paragraphs (11) and (13). timely access to sufficient information to transmission from the Department of De- (16) A process for the utilization of a joint enable the Comptroller General to make in- fense to the Department of Veterans Affairs separation and evaluation physical examina- formed judgments on the matters covered by the report. of records and information on the service tion that meets the requirements of both the (2) ACCESS INFORMATION.—The Secretary of member as follows: Department of Defense and the Department Defense and the Secretary of Veterans Af- (A) The address and contact information of of Veterans Affairs in connection with the fairs shall facilitate the ability of the Comp- the service member. medical separation or retirement of a recov- troller General to conduct any review re- (B) The DD–214 discharge form of the serv- ering service member from military service quired for a report under this subsection ice member, which shall be transmitted and for use by the Department of Veterans Affairs in disability evaluations. within the time period required for such re- under such procedures electronically. port, including prompt and complete access (C) A copy of the military service record of (17) Procedures for surveys and other mechanisms to measure patient and family to such information as the Comptroller Gen- the service member, including medical eral considers necessary to perform such re- records and any results of a physical evalua- satisfaction with the provision by the De- partment of Defense and the Department of view. tion board. (e) REPORT ON REDUCTION IN DISABILITY Veterans Affairs of care and services for re- (D) Information on whether the service RATINGS BY THE DEPARTMENT OF DEFENSE.— covering service members, and to facilitate member is entitled to transitional health Not later than February 1, 2009, the Sec- appropriate oversight by supervisory per- care, a conversion health policy, or other retary of Defense shall submit to the Com- health benefits through the Department of sonnel of the provision of such care and serv- mittees on Armed Services of the Senate and Defense under section 1145 of title 10, United ices. House of Representatives a report on the States Code. (18) Procedures to ensure the participation number of instances during the period begin- (E) A copy of any request of the service of recovering service members who are mem- ning on October 7, 2001, and ending on Sep- member for assistance in enrolling in, or bers of the National Guard or Reserve in the tember 30, 2006, in which a disability rating completed applications for enrollment in, Benefits Delivery at Discharge Program, in- assigned to a member of the Armed Forces the health care system of the Department of cluding procedures to ensure that, to the by an informal physical evaluation board of Veterans Affairs for health care benefits for maximum extent feasible, services under the the Department of Defense was reduced upon which the service member may be eligible Benefits Delivery at Discharge Program are appeal, and the reasons for such reduction. under laws administered by the Secretary of provided to recovering service members at— SEC. 1616. ESTABLISHMENT OF A WOUNDED WAR- Veterans Affairs. (A) appropriate military installations; RIOR RESOURCE CENTER. (F) A copy of any request by the service (B) appropriate armories and military fam- (a) ESTABLISHMENT.—The Secretary of De- member for assistance in applying for, or ily support centers of the National Guard; fense shall establish a wounded warrior re- completed applications for, compensation (C) appropriate military medical care fa- source center (in this section referred to as and vocational rehabilitation benefits to cilities at which members of the Armed the ‘‘center’’) to provide wounded warriors, which the service member may be entitled Forces are separated or discharged from the their families, and their primary caregivers under laws administered by the Secretary of Armed Forces; and with a single point of contact for assistance Veterans Affairs. (D) in the case of a member on the tem- with reporting deficiencies in covered mili- (11) A process to ensure that, before trans- porary disability retired list under section tary facilities, obtaining health care serv- mittal of medical records of a recovering 1202 or 1205 of title 10, United States Code, ices, receiving benefits information, and any service member to the Department of Vet- who is being retired under another provision other difficulties encountered while sup- erans Affairs, the Secretary of Defense en- of such title or is being discharged, at a loca- porting wounded warriors. The Secretary sures that the service member (or an indi- tion reasonably convenient to the member. shall widely disseminate information regard- vidual legally recognized to make medical SEC. 1615. REPORTS. ing the existence and availability of the cen- decisions on behalf of the service member) (a) REPORT ON POLICY.—Upon the develop- ter, including contact information, to mem- bers of the Armed Forces and their depend- authorizes the transfer of the medical ment of the policy required by subsection (a) ents. In carrying out this subsection, the records of the service member from the De- of section 1611 but not later than July 1, 2008, Secretary may use existing infrastructure partment of Defense to the Department of the Secretary of Defense and the Secretary and organizations but shall ensure that the Veterans Affairs pursuant to the Health In- of Veterans Affairs shall jointly submit to center has the ability to separately keep surance Portability and Accountability Act the appropriate committees of Congress a re- port on the policy, including a comprehen- track of calls from wounded warriors. of 1996. (b) ACCESS.—The center shall provide mul- (12) Procedures to ensure that, with the sive and detailed description of the policy and of the manner in which the policy ad- tiple methods of access, including at a min- consent of the recovering service member imum an Internet website and a toll-free concerned, the address and contact informa- dresses the detailed elements of the policy specified in subsections (d) through (h) of telephone number (commonly referred to as tion of the service member is transmitted to section 1611, and the findings and rec- a ‘‘hot line’’) at which personnel are acces- the department or agency for veterans af- ommendations of the reviews under sub- sible at all times to receive reports of defi- fairs of the State in which the service mem- sections (b) and (c) of section 1611. ciencies or provide information about cov- ber intends to reside after the retirement or (b) INTERIM REPORT ON POLICY.—Not later ered military facilities, health care services, separation of the service member from the than February 1, 2008, the Secretary of De- or military benefits. Armed Forces. fense and the Secretary of Veterans Affairs (c) CONFIDENTIALITY.— (13) Procedures to ensure that, before the shall jointly submit to the appropriate com- (1) NOTIFICATION.—Individuals who seek to transmittal of records and other information mittees of Congress an interim report on the provide information through the center with respect to a recovering service member policy, which shall include a comprehensive under subsection (a) shall be notified, imme- under this section, a meeting regarding the and detailed description of the matters spec- diately before they provide such informa- transmittal of such records and other infor- ified in subsection (a) current as of the date tion, of their option to elect, at their discre- mation occurs among the service member, of such interim report. tion, to have their identity remain confiden- appropriate family members of the service (c) REPORT ON UPDATE OF POLICY.—Upon tial. member, representatives of the Secretary of updating the policy under section 1611(a)(4), (2) PROHIBITION ON FURTHER DISCLOSURE.— the military department concerned, and rep- the Secretary of Defense and the Secretary In the case of information provided through resentatives of the Secretary of Veterans Af- of Veterans Affairs shall jointly submit to use of the toll-free telephone number by an fairs, with at least 30 days advance notice of the appropriate committees of Congress a re- individual who elects to maintain the con- the meeting being given to the service mem- port on the update of the policy, including a fidentiality of his or her identity, any indi- ber unless the service member waives the ad- comprehensive and detailed description of vidual who, by necessity, has had access to vance notice requirement in order to accel- such update and of the reasons for such up- such information for purposes of inves- erate transmission of the service member’s date. tigating or responding to the call as required

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under subsection (d) may not disclose the ‘‘(c) CONSENT OF MEMBER REQUIRED.—The propriately meet the specific needs of the in- identity of the individual who provided the notification under subsection (a) may be pro- dividual; and information. vided only with the consent of the member of (B) be rehabilitated to the fullest extent (d) FUNCTIONS.—The center shall perform the armed forces about whom notification is possible using up-to-date evidence-based the following functions: to be made. In the case of a member who is medical technology, and physical and med- (1) CALL TRACKING.—The center shall be re- unable to provide consent, information and ical rehabilitation practices and expertise. sponsible for documenting receipt of a call, consent may be provided by next of kin.’’. (d) PROVISION OF INFORMATION REQUIRED.— referring the call to the appropriate office (2) EFFECTIVE DATE.—The notification re- The comprehensive plan submitted under within a military department for answer or quirement under section 1074l(a) of title 10, subsection (b) shall require the provision of investigation, and tracking the formulation United States Code, as added by paragraph information by the Secretary of Defense to and notification of the response to the call. (1), shall apply beginning 60 days after the members of the Armed Forces with trau- (2) INVESTIGATION AND RESPONSE.—The cen- date of the enactment of this Act. matic brain injury, post-traumatic stress ter shall be responsible for ensuring that, (b) CLERICAL AMENDMENT.—The table of disorder, or other mental health conditions not later than 96 hours after a call— sections at the beginning of such chapter is and their families about their options with (A) if a report of deficiencies is received in amended by adding at the end the following respect to the following: a call— new item: (1) The receipt of medical and mental (i) any deficiencies referred to in the call ‘‘1074l. Notification to Congress of hos- health care from the Department of Defense are investigated; pitalization of combat wounded and the Department of Veterans Affairs. (ii) if substantiated, a plan of action for re- members.’’. (2) Additional options available to such mediation of the deficiencies is developed SEC. 1618. COMPREHENSIVE PLAN ON PREVEN- members for treatment and rehabilitation of and implemented; and TION, DIAGNOSIS, MITIGATION, traumatic brain injury, post-traumatic (iii) if requested, the individual who made TREATMENT, AND REHABILITATION stress disorder, and other mental health con- the report is notified of the current status of OF, AND RESEARCH ON, TRAUMATIC ditions. BRAIN INJURY, POST-TRAUMATIC the report; or (3) The options available, including obtain- STRESS DISORDER, AND OTHER ing a second opinion, to such members for a (B) if a request for information is received MENTAL HEALTH CONDITIONS IN referral to an authorized provider under in a call— MEMBERS OF THE ARMED FORCES. chapter 55 of title 10, United States Code, as (i) the information requested by the caller (a) COMPREHENSIVE STATEMENT OF POL- determined under regulations prescribed by is provided by the center; ICY.—The Secretary of Defense and the Sec- the Secretary of Defense. (ii) all requests for information from the retary of Veterans Affairs shall direct joint (e) ADDITIONAL ELEMENTS OF PLAN.—The call are referred to the appropriate office or planning among the Department of Defense, comprehensive plan submitted under sub- offices of a military department for re- the military departments, and the Depart- section (b) shall include comprehensive pro- sponse; and ment of Veterans Affairs for the prevention, posals of the Department on the following: diagnosis, mitigation, treatment, and reha- (iii) the individual who made the report is (1) LEAD AGENT.—The designation by the notified, at a minimum, of the current status bilitation of, and research on, traumatic Secretary of Defense of a lead agent or exec- brain injury, post-traumatic stress disorder, of the query. utive agent for the Department to coordi- and other mental health conditions in mem- (3) FINAL NOTIFICATION.—The center shall nate development and implementation of the bers of the Armed Forces, including planning be responsible for ensuring that, if requested, plan. for the seamless transition of such members the caller is notified when the deficiency has (2) DETECTION AND TREATMENT.—The im- from care through the Department of De- been corrected or when the request for infor- provement of methods and mechanisms for fense to care through the Department of Vet- mation has been fulfilled to the maximum the detection and treatment of traumatic erans Affairs. extent practicable, as determined by the brain injury, post-traumatic stress disorder, Secretary. (b) COMPREHENSIVE PLAN REQUIRED.—Not later than 180 days after the date of the en- and other mental health conditions in mem- (e) DEFINITIONS.—In this section: bers of the Armed Forces in the field. (1) COVERED MILITARY FACILITY.—The term actment of this Act, the Secretary of De- fense shall, in consultation with the Sec- (3) REDUCTION OF PTSD.—The development ‘‘covered military facility’’ has the meaning of a plan for reducing post traumatic-stress provided in section 1648(b) of this Act. retary of Veterans Affairs, submit to the congressional defense committees a com- disorder, incorporating evidence-based pre- (2) CALL.—The term ‘‘call’’ means any ventive and early-intervention measures, query or report that is received by the center prehensive plan for programs and activities of the Department of Defense to prevent, di- practices, or procedures that reduce the like- by means of the toll-free telephone number lihood that personnel in combat will develop or other source. agnose, mitigate, treat, research, and other- wise respond to traumatic brain injury, post- post-traumatic stress disorder or other (f) EFFECTIVE DATES.— traumatic stress disorder, and other mental stress-related conditions (including sub- (1) TOLL-FREE TELEPHONE NUMBER.—The stance abuse conditions) into— toll-free telephone number required to be es- health conditions in members of the Armed Forces, including— (A) basic and pre-deployment training for tablished by subsection (a), shall be fully enlisted members of the Armed Forces, non- operational not later than April 1, 2008. (1) an assessment of the current capabili- ties of the Department for the prevention, commissioned officers, and officers; (2) INTERNET WEBSITE.—The Internet (B) combat theater operations; and website required to be established by sub- diagnosis, mitigation, treatment, and reha- bilitation of, and research on, traumatic (C) post-deployment service. section (a), shall be fully operational not (4) RESEARCH.—Requirements for research later than July 1, 2008. brain injury, post-traumatic stress disorder, and other mental health conditions in mem- on traumatic brain injury, post-traumatic SEC. 1617. NOTIFICATION TO CONGRESS OF HOS- bers of the Armed Forces; stress disorder, and other mental health con- PITALIZATION OF COMBAT WOUND- ditions including (in particular) research on ED SERVICE MEMBERS. (2) the identification of gaps in current ca- pabilities of the Department for the preven- pharmacological and other approaches to (a) NOTIFICATION REQUIRED.— tion, diagnosis, mitigation, treatment, and treatment for traumatic brain injury, post- (1) IN GENERAL.—Chapter 55 of title 10, traumatic stress disorder, or other mental United States Code, is further amended by rehabilitation of, and research on, traumatic brain injury, post-traumatic stress disorder, health conditions, as applicable, and the al- inserting after section 1074k the following location of priorities among such research. new section: and other mental health conditions in mem- bers of the Armed Forces; and (5) DIAGNOSTIC CRITERIA.—The develop- ‘‘§ 1074l. Notification to Congress of hos- (3) the identification of the resources re- ment, adoption, and deployment of joint De- pitalization of combat wounded members quired for the Department in fiscal years partment of Defense-Department of Veterans ‘‘(a) NOTIFICATION REQUIRED.—The Sec- 2009 through 2013 to address the gaps in capa- Affairs evidence-based diagnostic criteria for retary concerned shall provide notification bilities identified under paragraph (2). the detection and evaluation of the range of of the hospitalization of any member of the (c) PROGRAM REQUIRED.—One of the pro- traumatic brain injury, post-traumatic armed forces evacuated from a theater of grams contained in the comprehensive plan stress disorder, and other mental health con- combat and admitted to a military treat- submitted under subsection (b) shall be a De- ditions in members of the Armed Forces, ment facility within the United States to the partment of Defense program, developed in which criteria shall be employed uniformly appropriate Members of Congress. collaboration with the Department of Vet- across the military departments in all appli- ‘‘(b) APPROPRIATE MEMBERS.—In this sec- erans Affairs, under which each member of cable circumstances, including provision of tion, the term ‘appropriate Members of Con- the Armed Forces who incurs a traumatic clinical care and assessment of future gress’, with respect to the member of the brain injury or post-traumatic stress dis- deployability of members of the Armed armed forces about whom notification is order during service in the Armed Forces— Forces. being made, means the Senators rep- (1) is enrolled in the program; and (6) ASSESSMENT.—The development and de- resenting the State, and the Member, Dele- (2) receives treatment and rehabilitation ployment of evidence-based means of assess- gate, or Resident Commissioner of the House meeting a standard of care such that each in- ing traumatic brain injury, post-traumatic of Representatives representing the district, dividual who qualifies for care under the pro- stress disorder, and other mental health con- that includes the member’s home of record gram shall— ditions in members of the Armed Forces, in- or a different location as provided by the (A) be provided the highest quality, evi- cluding a system of pre-deployment and member. dence-based care in facilities that most ap- post-deployment screenings of cognitive

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00182 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.071 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H209 ability in members for the detection of cog- (1) To implement the comprehensive plan SEC. 1622. CENTER OF EXCELLENCE IN PREVEN- nitive impairment. and strategy for the Department of Defense, TION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION (7) MANAGING AND MONITORING.—The devel- required by section 1618 of this Act, for the OF POST-TRAUMATIC STRESS DIS- opment and deployment of effective means of prevention, diagnosis, mitigation, treat- ORDER AND OTHER MENTAL managing and monitoring members of the ment, and rehabilitation of traumatic brain HEALTH CONDITIONS. Armed Forces with traumatic brain injury, injury, including research on gender and eth- (a) IN GENERAL.—The Secretary of Defense post-traumatic stress disorder, or other men- nic group-specific health needs related to shall establish within the Department of De- tal health conditions in the receipt of care traumatic brain injury. fense a center of excellence in the preven- for traumatic brain injury, post-traumatic (2) To provide for the development, testing, tion, diagnosis, mitigation, treatment, and stress disorder, or other mental health con- and dissemination within the Department of rehabilitation of post-traumatic stress dis- ditions, as applicable, including the moni- best practices for the treatment of traumatic order (PTSD) and other mental health condi- toring and assessment of treatment and out- brain injury. tions, including mild, moderate, and severe comes. (3) To provide guidance for the mental post-traumatic stress disorder and other (8) EDUCATION AND AWARENESS.—The devel- health system of the Department in deter- mental health conditions, to carry out the opment and deployment of an education and mining the mental health and neurological responsibilities specified in subsection (c). (b) PARTNERSHIPS.—The Secretary shall en- awareness training initiative designed to re- health personnel required to provide quality sure that the center collaborates to the max- duce the negative stigma associated with mental health care for members of the traumatic brain injury, post-traumatic imum extent practicable with the National Armed Forces with traumatic brain injury. Center on Post-Traumatic Stress Disorder of stress disorder, and other mental health con- (4) To establish, implement, and oversee a ditions, and mental health treatment. the Department of Veterans Affairs, institu- comprehensive program to train mental tions of higher education, and other appro- (9) EDUCATION AND OUTREACH.—The provi- health and neurological health professionals sion of education and outreach to families of priate public and private entities (including of the Department in the treatment of trau- members of the Armed Forces with trau- international entities) to carry out the re- matic brain injury. matic brain injury, post-traumatic stress sponsibilities specified in subsection (c). (5) To facilitate advancements in the study disorder, or other mental health conditions (c) RESPONSIBILITIES.—The center shall of the short-term and long-term psycho- have responsibilities as follows: on a range of matters relating to traumatic logical effects of traumatic brain injury. (1) To implement the comprehensive plan brain injury, post-traumatic stress disorder, (6) To disseminate within the military and strategy for the Department of Defense, or other mental health conditions, as appli- medical treatment facilities of the Depart- required by section 1618 of this Act, for the cable, including detection, mitigation, and ment best practices for training mental prevention, diagnosis, mitigation, treat- treatment. health professionals, including neurological ment, and rehabilitation of post-traumatic (10) RECORDING OF BLASTS.—A requirement health professionals, with respect to trau- stress disorder and other mental health con- that exposure to a blast or blasts be recorded ditions, including research on gender- and in the records of members of the Armed matic brain injury. ethnic group-specific health needs related to Forces. (7) To conduct basic science and translational research on traumatic brain in- post-traumatic stress disorder and other (11) GUIDELINES FOR BLAST INJURIES.—The jury for the purposes of understanding the mental health conditions. development of clinical practice guidelines (2) To provide for the development, testing, for the diagnosis and treatment of blast inju- etiology of traumatic brain injury and devel- oping preventive interventions and new and dissemination within the Department of ries in members of the Armed Forces, includ- best practices for the treatment of post-trau- ing, but not limited to, traumatic brain in- treatments. (8) To develop programs and outreach matic stress disorder. jury. (3) To provide guidance for the mental (12) GENDER- AND ETHNIC GROUP-SPECIFIC strategies for families of members of the Armed Forces with traumatic brain injury in health system of the Department in deter- SERVICES AND TREATMENT.—The development mining the mental health and neurological of requirements, as appropriate, for gender- order to mitigate the negative impacts of traumatic brain injury on such family mem- health personnel required to provide quality and ethnic group-specific medical care serv- mental health care for members of the ices and treatment for members of the bers and to support the recovery of such members from traumatic brain injury. Armed Forces with post-traumatic stress Armed Forces who experience mental health disorder and other mental health conditions. (9) To conduct research on the mental problems and conditions, including post- (4) To establish, implement, and oversee a health needs of families of members of the traumatic stress disorder, with specific re- comprehensive program to train mental Armed Forces with traumatic brain injury gard to the availability of, access to, and re- health and neurological health professionals and develop protocols to address any needs search and development requirements of of the Department in the treatment of post- identified through such research. such needs. traumatic stress disorder and other mental (10) To conduct longitudinal studies (using (f) COORDINATION IN DEVELOPMENT.—The health conditions. comprehensive plan submitted under sub- imaging technology and other proven re- (5) To facilitate advancements in the study section (b) shall be developed in coordination search methods) on members of the Armed of the short-term and long-term psycho- with the Secretary of the Army (who was Forces with traumatic brain injury to iden- logical effects of post-traumatic stress dis- designated by the Secretary of Defense as ex- tify early signs of Alzheimer’s disease, Par- order and other mental health conditions. ecutive agent for the prevention, mitigation, kinson’s disease, or other manifestations of (6) To disseminate within the military and treatment of blast injuries under section neurodegeneration, as well as epilepsy, in medical treatment facilities of the Depart- 256 of the National Defense Authorization such members, in coordination with the ment best practices for training mental Act for Fiscal Year 2006 (Public Law 109–163; studies authorized by section 721 of the John 119 Stat. 3181; 10 U.S.C. 1071 note)). health professionals, including neurological Warner National Defense Authorization Act health professionals, with respect to post- Subtitle B—Centers of Excellence in the Pre- for Fiscal Year 2007 (Public Law 109–364; 120 traumatic stress disorder and other mental vention, Diagnosis, Mitigation, Treatment, Stat. 2294) and other studies of the Depart- health conditions. and Rehabilitation of Traumatic Brain In- ment of Defense and the Department of Vet- (7) To conduct basic science and jury, Post-Traumatic Stress Disorder, and erans Affairs that address the connection be- translational research on post-traumatic Eye Injuries tween exposure to combat and the develop- stress disorder for the purposes of under- SEC. 1621. CENTER OF EXCELLENCE IN THE PRE- ment of Alzheimer’s disease, Parkinson’s dis- standing the etiology of post-traumatic VENTION, DIAGNOSIS, MITIGATION, ease, and other neurodegenerative disorders, stress disorder and developing preventive TREATMENT, AND REHABILITATION as well as epilepsy. interventions and new treatments. OF TRAUMATIC BRAIN INJURY. (11) To develop and oversee a long-term (8) To develop programs and outreach (a) IN GENERAL.—The Secretary of Defense plan to increase the number of mental health strategies for families of members of the shall establish within the Department of De- and neurological health professionals within fense a center of excellence in the preven- Armed Forces with post-traumatic stress the Department in order to facilitate the tion, diagnosis, mitigation, treatment, and disorder and other mental health conditions meeting by the Department of the needs of rehabilitation of traumatic brain injury, in- in order to mitigate the negative impacts of members of the Armed Forces with trau- cluding mild, moderate, and severe trau- post-traumatic stress disorder and other matic brain injury until their transition to matic brain injury, to carry out the respon- mental health conditions on such family sibilities specified in subsection (c). care and treatment from the Department of members and to support the recovery of such (b) PARTNERSHIPS.—The Secretary shall en- Veterans Affairs. members from post-traumatic stress disorder sure that the Center collaborates to the (12) To develop a program on comprehen- and other mental health conditions. maximum extent practicable with the De- sive pain management, including manage- (9) To conduct research on the mental partment of Veterans Affairs, institutions of ment of acute and chronic pain, to utilize health needs of families of members of the higher education, and other appropriate pub- current and develop new treatments for pain, Armed Forces with post-traumatic stress lic and private entities (including inter- and to identify and disseminate best prac- disorder and other mental health conditions national entities) to carry out the respon- tices on pain management related to trau- and develop protocols to address any needs sibilities specified in subsection (c). matic brain injury. identified through such research. (c) RESPONSIBILITIES.—The Center shall (13) Such other responsibilities as the Sec- (10) To develop and oversee a long-term have responsibilities as follows: retary shall specify. plan to increase the number of mental health

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MEDICAL CARE AND OTHER BENEFITS meeting by the Department of the needs of described in subparagraph (B) for purposes of FOR MEMBERS AND FORMER MEM- members of the Armed Forces with post- ensuring the coordination of the provision of BERS OF THE ARMED FORCES WITH traumatic stress disorder and other mental ongoing eye care and visual rehabilitation SEVERE INJURIES OR ILLNESSES. health conditions until their transition to benefits and services by the Department of (a) MEDICAL AND DENTAL CARE FOR FORMER care and treatment from the Department of Veterans Affairs after the separation or re- MEMBERS.— Veterans Affairs. lease of such member from the Armed (1) IN GENERAL.—Effective as of the date of SEC. 1623. CENTER OF EXCELLENCE IN PREVEN- Forces. the enactment of this Act and subject to reg- TION, DIAGNOSIS, MITIGATION, (B) A member of the Armed Forces de- ulations prescribed by the Secretary of De- TREATMENT, AND REHABILITATION scribed in this subparagraph is a member of fense, the Secretary may authorize that any OF MILITARY EYE INJURIES. the Armed Forces as follows: former member of the Armed Forces with a (a) IN GENERAL.—The Secretary of Defense (i) A member with a significant eye injury serious injury or illness may receive the shall establish within the Department of De- incurred while serving on active duty, in- same medical and dental care as a member of fense a center of excellence in the preven- cluding a member with visual dysfunction the Armed Forces on active duty for medical tion, diagnosis, mitigation, treatment, and related to traumatic brain injury. and dental care not reasonably available to rehabilitation of military eye injuries to (ii) A member with an eye injury incurred carry out the responsibilities specified in such former member in the Department of while serving on active duty who has a vis- subsection (c). Veterans Affairs. ual acuity of 20/200 or less in the injured eye. (b) PARTNERSHIPS.—The Secretary shall en- (2) SUNSET.—The Secretary of Defense may sure that the center collaborates to the max- (iii) A member with an eye injury incurred not provide medical or dental care to a imum extent practicable with the Secretary while serving on active duty who has a loss former member of the Armed Forces under of Veterans Affairs, institutions of higher of peripheral vision resulting in 20 degrees or this subsection after December 31, 2012, if the education, and other appropriate public and less of visual field in the injured eye. Secretary has not provided medical or dental private entities (including international en- (d) UTILIZATION OF REGISTRY INFORMA- care to the former member under this sub- tities) to carry out the responsibilities speci- TION.—The Secretary of Defense and the Sec- section before that date. fied in subsection (c). retary of Veterans Affairs shall jointly en- (b) REHABILITATION AND VOCATIONAL BENE- (c) RESPONSIBILITIES.— sure that information in the Registry is FITS.— (1) IN GENERAL.—The center shall— available to appropriate ophthalmological (1) IN GENERAL.—Effective as of the date of (A) implement a comprehensive plan and and optometric personnel of the Department the enactment of this Act, a member of the strategy for the Department of Defense, as of Defense and the Department of Veterans Armed Forces with a severe injury or illness developed by the Secretary of Defense, for a Affairs for purposes of encouraging and fa- is entitled to such benefits (including reha- registry of information for the tracking of cilitating the conduct of research, and the bilitation and vocational benefits, but not the diagnosis, surgical intervention or other development of best practices and clinical including compensation) from the Secretary operative procedure, other treatment, and education, on eye injuries incurred by mem- of Veterans Affairs to facilitate the recovery follow up for each case of significant eye in- bers of the Armed Forces in combat. and rehabilitation of such member as the jury incurred by a member of the Armed (e) INCLUSION OF RECORDS OF OIF/OEF VET- Secretary otherwise provides to veterans of Forces while serving on active duty; ERANS.—The Secretary of Defense shall take the Armed Forces receiving medical care in (B) ensure the electronic exchange with appropriate actions to include in the Reg- medical facilities of the Department of Vet- the Secretary of Veterans Affairs of informa- istry such records of members of the Armed erans Affairs facilities in order to facilitate tion obtained through tracking under sub- Forces who incurred an eye injury while the recovery and rehabilitation of such mem- paragraph (A); and serving on active duty on or after September bers. (C) enable the Secretary of Veterans Af- 11, 2001, but before the establishment of the (2) SUNSET.—The Secretary of Veterans Af- fairs to access the registry and add informa- Registry, as the Secretary considers appro- fairs may not provide benefits to a member tion pertaining to additional treatments or priate for purposes of the Registry. of the Armed Forces under this subsection surgical procedures and eventual visual out- (f) TRAUMATIC BRAIN INJURY POST TRAU- after December 31, 2012, if the Secretary has comes for veterans who were entered into MATIC VISUAL SYNDROME.—In carrying out not provided benefits to the member under the registry and subsequently received treat- the program at Walter Reed Army Medical this subsection before that date. ment through the Veterans Health Adminis- Center, District of Columbia, on traumatic SEC. 1632. REIMBURSEMENT OF TRAVEL EX- tration. brain injury post traumatic visual syndrome, PENSES OF RETIRED MEMBERS (2) DESIGNATION OF REGISTRY.—The registry the Secretary of Defense and the Department WITH COMBAT-RELATED DISABIL- under this subsection shall be known as the of Veterans Affairs shall jointly provide for ITIES FOR FOLLOW-ON SPECIALTY ‘‘Military Eye Injury Registry’’ (hereinafter the conduct of a cooperative program for CARE, SERVICES, AND SUPPLIES. referred to as the ‘‘Registry’’). members of the Armed Forces and veterans (a) TRAVEL.—Section 1074i of title 10, (3) CONSULTATION IN DEVELOPMENT.—The with traumatic brain injury by military United States Code, is amended— center shall develop the Registry in con- medical treatment facilities of the Depart- (1) by redesignating subsection (b) as sub- sultation with the ophthalmological spe- ment of Defense and medical centers of the section (c); and cialist personnel and optometric specialist Department of Veterans Affairs selected for (2) by inserting after subsection (a) the fol- personnel of the Department of Defense and purposes of this subsection for purposes of lowing new subsection (b): the ophthalmological specialist personnel vision screening, diagnosis, rehabilitative ‘‘(b) OUTREACH PROGRAM AND TRAVEL REIM- and optometric specialist personnel of the management, and vision research, including BURSEMENT FOR FOLLOW-ON SPECIALTY CARE Department of Veterans Affairs. The mecha- research on prevention, on visual dysfunc- AND RELATED SERVICES.—The Secretary con- nisms and procedures of the Registry shall tion related to traumatic brain injury. cerned shall ensure that an outreach pro- reflect applicable expert research on mili- SEC. 1624. REPORT ON ESTABLISHMENT OF CEN- gram is implemented for each member of the tary and other eye injuries. TERS OF EXCELLENCE. uniformed services who incurred a combat- (4) MECHANISMS.—The mechanisms of the (a) IN GENERAL.—Not later than 180 days related disability and is entitled to retired or Registry for tracking under paragraph (1)(A) after the date of the enactment of this Act, retainer pay, or equivalent pay, so that— shall ensure that each military medical the Secretary of Defense shall submit to ‘‘(1) the progress of the member is closely treatment facility or other medical facility Congress a report on— monitored; and shall submit to the center for inclusion in (1) the establishment of the center of ex- ‘‘(2) the member receives the travel reim- the Registry information on the diagnosis, cellence in prevention, diagnosis, mitigation, bursement authorized by subsection (a) surgical intervention or other operative pro- treatment, and rehabilitation of traumatic whenever the member requires follow-on spe- cedure, other treatment, and follow up for brain injury under section 1621; cialty care, services, or supplies.’’. each case of eye injury described in that (2) the establishment of the center of ex- (b) COMBAT-RELATED DISABILITY DEFINED.— paragraph as follows (to the extent applica- cellence in prevention, diagnosis, mitigation, Subsection (c) of such section, as redesig- ble): treatment, and rehabilitation of post-trau- nated by subsection (a)(1), is amended by (A) Not later than 30 days after surgery or matic stress disorder and other mental adding at the end the following new para- other operative intervention, including a health conditions under section 1622; and graph: surgery or other operative intervention car- (3) the establishment of the center of ex- ‘‘(3) The term ‘combat-related disability’ ried out as a result of a follow-up examina- cellence in prevention, diagnosis, mitigation, has the meaning given that term in section tion. treatment, and rehabilitation of military 1413a of this title.’’. (B) Not later than 180 days after the sig- eye injuries under section 1623. (c) EFFECTIVE DATE.—Subsection (b) of sec- nificant eye injury is reported or recorded in (b) MATTERS COVERED.—The report shall, tion 1074i of title 10, United States Code, as the medical record. for each such center— added by subsection (a)(2), shall apply with (5) COORDINATION OF CARE AND BENEFITS.— (1) describe in detail the activities and pro- respect to travel described in subsection (a) (A) The center shall provide notice to the posed activities of such center; and of such section that occurs on or after Janu- Blind Rehabilitation Service of the Depart- (2) assess the progress of such center in dis- ary 1, 2008, for follow-on specialty care, serv- ment of Veterans Affairs and to the eye care charging the responsibilities of such center. ices, or supplies.

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00184 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.071 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H211 SEC. 1633. RESPITE CARE AND OTHER EXTENDED (D) a statement of priorities of the Depart- ment of Veterans Affairs-Department of De- CARE BENEFITS FOR MEMBERS OF ment in activities relating to the prevention, fense Joint Executive Committee under sec- THE UNIFORMED SERVICES WHO diagnosis, research, treatment, and rehabili- tion 320 of title 38, United States Code, in the INCUR A SERIOUS INJURY OR ILL- NESS ON ACTIVE DUTY. tation of post-traumatic stress disorder and discharge of the functions of the Office under (a) IN GENERAL.—Section 1074(c) of title 10, other mental health conditions in members this section. United States Code, is amended by adding at of the Armed Forces during the year in (5) TESTIMONY.—Upon request by any of the the end the following new paragraph: which such report is submitted and in future appropriate committees of Congress, the Di- ‘‘(4)(A) Subject to such terms and condi- calendar years; and rector and the Deputy Director shall testify tions as the Secretary of Defense considers (E) an assessment of the progress made to- before such committee regarding the dis- appropriate, coverage comparable to that ward achieving the priorities stated in sub- charge of the functions of the Office under provided by the Secretary under subsections paragraphs (C) and (D) in the report under this section. (d) and (e) of section 1079 of this title shall be paragraph (1) in the previous year, and a de- (d) FUNCTION.—The function of the Office provided under this subsection to members scription of any actions planned during the shall be to implement, by not later than Sep- of the uniformed services who incur a serious year in which such report is submitted to tember 30, 2009, electronic health record sys- injury or illness on active duty as defined by achieve any unfulfilled priorities during such tems or capabilities that allow for full inter- regulations prescribed by the Secretary. year. operability of personal health care informa- ‘‘(B) The Secretary of Defense shall pre- SEC. 1635. FULLY INTEROPERABLE ELECTRONIC tion between the Department of Defense and scribe in regulations— PERSONAL HEALTH INFORMATION the Department of Veterans Affairs, which ‘‘(i) the individuals who shall be treated as FOR THE DEPARTMENT OF DEFENSE health records shall comply with applicable the primary caregivers of a member of the AND DEPARTMENT OF VETERANS interoperability standards, implementation uniformed services for purposes of this para- AFFAIRS. specifications, and certification criteria (in- graph; and (a) IN GENERAL.—The Secretary of Defense cluding for the reporting of quality meas- ‘‘(ii) the definition of serious injury or ill- and the Secretary of Veterans Affairs shall ures) of the Federal Government. ness for the purposes of this paragraph.’’. jointly— (e) SCHEDULES AND BENCHMARKS.—Not later (b) EFFECTIVE DATE.—The amendment (1) develop and implement electronic than 30 days after the date of the enactment made by subsection (a) shall take effect on health record systems or capabilities that of this Act, the Secretary of Defense and the January 1, 2008. allow for full interoperability of personal Secretary of Veterans Affairs shall jointly SEC. 1634. REPORTS. health care information between the Depart- establish a schedule and benchmarks for the (a) REPORTS ON IMPLEMENTATION OF CER- ment of Defense and the Department of Vet- discharge by the Office of its function under TAIN REQUIREMENTS.—Not later than 90 days erans Affairs; and this section, including each of the following: after the date of the enactment of this Act, (2) accelerate the exchange of health care (1) A schedule for the establishment of the the Secretary of Defense shall submit to the information between the Department of De- Office. congressional defense committees a report fense and the Department of Veterans Af- (2) A schedule and deadline for the estab- describing the progress in implementing the fairs in order to support the delivery of lishment of the requirements for electronic requirements as follows: health care by both Departments. health record systems or capabilities de- (1) The requirements of section 721 of the (b) DEPARTMENT OF DEFENSE-DEPARTMENT scribed in subsection (d), including coordina- John Warner National Defense Authorization OF VETERANS AFFAIRS INTERAGENCY PROGRAM tion with the Office of the National Coordi- Act for Fiscal Year 2007 (Public Law 109–364; OFFICE.— nator for Health Information Technology in 120 Stat. 2294), relating to a longitudinal (1) IN GENERAL.—There is hereby estab- the development of a nationwide interoper- study on traumatic brain injury incurred by lished an interagency program office of the able health information technology infra- members of the Armed Forces in Operation Department of Defense and the Department structure. Iraqi Freedom and Operation Enduring Free- of Veterans Affairs (in this section referred (3) A schedule and associated deadlines for dom. to as the ‘‘Office’’) for the purposes described any acquisition and testing required in the (2) The requirements of section 741 of the in paragraph (2). implementation of electronic health record John Warner National Defense Authorization (2) PURPOSES.—The purposes of the Office systems or capabilities that allow for full Act for Fiscal Year 2007 (120 Stat. 2304), re- shall be as follows: interoperability of personal health care in- lating to pilot projects on early diagnosis (A) To act as a single point of account- formation between the Department of De- and treatment of post-traumatic stress dis- ability for the Department of Defense and fense and the Department of Veterans Af- order and other mental health conditions. the Department of Veterans Affairs in the fairs. (b) ANNUAL REPORTS ON EXPENDITURES FOR rapid development and implementation of (4) A schedule and associated deadlines and ACTIVITIES ON TBI AND PTSD.— electronic health record systems or capabili- requirements for the implementation of elec- (1) REPORTS REQUIRED.—Not later than ties that allow for full interoperability of tronic health record systems or capabilities March 1, 2008, and each year thereafter personal health care information between that allow for full interoperability of per- through 2013, the Secretary of Defense shall the Department of Defense and the Depart- sonal health care information between the submit to the congressional defense commit- ment of Veterans Affairs. Department of Defense and the Department tees a report setting forth the amounts ex- (B) To accelerate the exchange of health of Veterans Affairs. pended by the Department of Defense during care information between the Department of (f) PILOT PROJECTS.— the preceding calendar year on activities de- Defense and the Department of Veterans Af- (1) AUTHORITY.—In order to assist the Of- scribed in paragraph (2), including the fairs in order to support the delivery of fice in the discharge of its function under amount allocated during such calendar year health care by both Departments. this section, the Secretary of Defense and to the Defense and Veterans Brain Injury (c) LEADERSHIP.— the Secretary of Veterans Affairs may, act- Center of the Department. (1) DIRECTOR.—The Director of the Office ing jointly, carry out one or more pilot (2) COVERED ACTIVITIES.—The activities de- shall be the head of the Office. projects to assess the feasibility and advis- scribed in this paragraph are activities as (2) DEPUTY DIRECTOR.—The Deputy Direc- ability of various technological approaches follows: tor of the Office shall be the deputy head of to the achievement of the electronic health (A) Activities relating to the improved di- the Office and shall assist the Director in record systems or capabilities described in agnosis, treatment, and rehabilitation of carrying out the duties of the Director. subsection (d). members of the Armed Forces with trau- (3) APPOINTMENTS.—(A) The Director shall (2) SHARING OF PROTECTED HEALTH INFORMA- matic brain injury (TBI). be appointed by the Secretary of Defense, TION.—For purposes of each pilot project car- (B) Activities relating to the improved di- with the concurrence of the Secretary of ried out under this subsection, the Secretary agnosis, treatment, and rehabilitation of Veterans Affairs, from among persons who of Defense and the Secretary of Veterans Af- members of the Armed Forces with post- are qualified to direct the development, ac- fairs shall, for purposes of the regulations traumatic stress disorder (PTSD). quisition, and integration of major informa- promulgated under section 264(c) of the (3) ELEMENTS.—Each report under para- tion technology capabilities. Health Insurance Portability and Account- graph (1) shall include— (B) The Deputy Director shall be appointed ability Act of 1996 (42 U.S.C. 1320d–2 note), (A) a description of the amounts expended by the Secretary of Veterans Affairs, with ensure the effective sharing of protected as described in that paragraph, including a the concurrence of the Secretary of Defense, health information between the health care description of the activities for which ex- from among employees of the Department of system of the Department of Defense and the pended; Defense and the Department of Veterans Af- health care system of the Department of (B) a description and assessment of the fairs in the Senior Executive Service who are Veterans Affairs as needed to provide all outcome of such activities; qualified to direct the development, acquisi- health care services and other benefits al- (C) a statement of priorities of the Depart- tion, and integration of major information lowed by law. ment in activities relating to the prevention, technology capabilities. (g) STAFF AND OTHER RESOURCES.— diagnosis, research, treatment, and rehabili- (4) ADDITIONAL GUIDANCE.—In addition to (1) IN GENERAL.—The Secretary of Defense tation of traumatic brain injury in members the direction, supervision, and control pro- and the Secretary of Veterans Affairs shall of the Armed Forces during the year in vided by the Secretary of Defense and the assign to the Office such personnel and other which such report is submitted and in future Secretary of Veterans Affairs, the Office resources of the Department of Defense and calendar years; shall also receive guidance from the Depart- the Department of Veterans Affairs as are

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required for the discharge of its function to disseminate among appropriate personnel DAYS.—Clause (i) of section 1201(b)(3)(B) of under this section. of the military departments authorities and title 10, United States Code, is amended to (2) ADDITIONAL SERVICES.—Subject to the best practices for the recruitment of medical read as follows: approval of the Secretary of Defense and the and health professionals, including the au- ‘‘(i) the member has six months or more of Secretary of Veterans Affairs, the Director thorities under subsection (a). active military service and the disability may utilize the services of private individ- ‘‘(2) Each strategy under paragraph (1) was not noted at the time of the member’s uals and entities as consultants to the Office shall— entrance on active duty (unless compelling in the discharge of its function under this ‘‘(A) assess current recruitment policies, evidence or medical judgment is such to war- section. Amounts available to the Office procedures, and practices of the military de- rant a finding that the disability existed be- shall be available for payment for such serv- partment concerned to assure that such fore the member’s entrance on active ices. strategy facilitates the implementation of duty);’’. (h) ANNUAL REPORTS.— efficiencies which reduce the time required (b) SEPARATION OF REGULARS AND MEMBERS (1) IN GENERAL.—Not later than January 1, to fill vacant positions for medical and ON ACTIVE DUTY FOR MORE THAN 30 DAYS.— 2009, and each year thereafter through 2014, health professionals; and Section 1203(b)(4)(B) of such title is amended the Director shall submit to the Secretary of ‘‘(B) clearly identify processes and actions by striking ‘‘and the member has at least Defense and the Secretary of Veterans Af- that will be used to inform and educate mili- eight years of service computed under sec- fairs, and to the appropriate committees of tary and civilian personnel responsible for tion 1208 of this title’’ and inserting ‘‘, the Congress, a report on the activities of the Of- the recruitment of medical and health pro- member has six months or more of active fice during the preceding calendar year. fessionals. military service, and the disability was not Each report shall include, for the year cov- ‘‘(c) TERMINATION OF AUTHORITY.—The au- noted at the time of the member’s entrance ered by such report, the following: thority of the Secretary of Defense to exer- on active duty (unless evidence or medical (A) A detailed description of the activities cise authorities available under chapter 74 of judgment is such to warrant a finding that of the Office, including a detailed description title 38 for purposes of the recruitment, em- the disability existed before the member’s of the amounts expended and the purposes ployment, and retention of civilian health entrance on active duty)’’. for which expended. care professionals for the Department of De- SEC. 1642. REQUIREMENTS AND LIMITATIONS ON (B) An assessment of the progress made by fense expires September 30, 2010.’’. DEPARTMENT OF DEFENSE DETER- the Department of Defense and the Depart- (b) CLERICAL AMENDMENT.—The table of MINATIONS OF DISABILITY WITH RE- ment of Veterans Affairs in the full imple- sections at the beginning of chapter 81 of SPECT TO MEMBERS OF THE ARMED mentation of electronic health record sys- such title is amended by striking the item FORCES. tems or capabilities described in subsection relating to section 1599c and inserting the (a) IN GENERAL.—Chapter 61 of title 10, (d). following new item: United States Code, is amended by inserting (2) AVAILABILITY TO PUBLIC.—The Secretary ‘‘1599c. Health care professionals: enhanced after section 1216 the following new section: of Defense and the Secretary of Veterans Af- appointment and compensation ‘‘§ 1216a. Determinations of disability: re- fairs shall make available to the public each authority for personnel for care quirements and limitations on determina- report submitted under paragraph (1), includ- and treatment of wounded and tions injured members of the armed ing by posting such report on the Internet ‘‘(a) UTILIZATION OF VA SCHEDULE FOR RAT- forces.’’. website of the Department of Defense and ING DISABILITIES IN DETERMINATIONS OF DIS- the Department of Veterans Affairs, respec- (c) REPORTS ON STRATEGIES ON RECRUIT- ABILITY.—(1) In making a determination of tively, that is available to the public. MENT OF MEDICAL AND HEALTH PROFES- disability of a member of the armed forces (i) COMPTROLLER GENERAL ASSESSMENT OF SIONALS.—Not later than six months after for purposes of this chapter, the Secretary IMPLEMENTATION.—Not later than six months the date of the enactment of this Act, each concerned— after the date of the enactment of this Act Secretary of a military department shall ‘‘(A) shall, to the extent feasible, utilize and every six months thereafter until the submit to the congressional defense commit- the schedule for rating disabilities in use by completion of the implementation of elec- tees a report setting forth the strategy de- the Department of Veterans Affairs, includ- tronic health record systems or capabilities veloped by such Secretary under section ing any applicable interpretation of the described in subsection (d), the Comptroller 1599c(b) of title 10, United States Code, as schedule by the United States Court of Ap- General of the United States shall submit to added by subsection (a). peals for Veterans Claims; and the appropriate committees of Congress a re- SEC. 1637. CONTINUATION OF TRANSITIONAL ‘‘(B) except as provided in paragraph (2), port setting forth the assessment of the HEALTH BENEFITS FOR MEMBERS Comptroller General of the progress of the may not deviate from the schedule or any OF THE ARMED FORCES PENDING such interpretation of the schedule. Department of Defense and the Department RESOLUTION OF SERVICE-RELATED of Veterans Affairs in implementing elec- MEDICAL CONDITIONS. ‘‘(2) In making a determination described tronic health record systems or capabilities Section 1145(a) of title 10, United States in paragraph (1), the Secretary concerned described in subsection (d). Code, is amended— may utilize in lieu of the schedule described in that paragraph such criteria as the Sec- SEC. 1636. ENHANCED PERSONNEL AUTHORITIES (1) in paragraph (3), by striking ‘‘Transi- FOR THE DEPARTMENT OF DEFENSE tional health care’’ and inserting ‘‘Except as retary of Defense and the Secretary of Vet- FOR HEALTH CARE PROFESSIONALS provided in paragraph (6), transitional health erans Affairs may jointly prescribe for pur- FOR CARE AND TREATMENT OF care’’; and poses of this subsection if the utilization of WOUNDED AND INJURED MEMBERS (2) by adding at the end the following new such criteria will result in a determination OF THE ARMED FORCES. paragraph: of a greater percentage of disability than (a) IN GENERAL.—Section 1599c of title 10, ‘‘(6)(A) A member who has a medical condi- would be otherwise determined through the United States Code, is amended to read as tion relating to service on active duty that utilization of the schedule. follows: warrants further medical care that has been ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDI- ‘‘§ 1599c. Health care professionals: enhanced identified during the member’s 180-day tran- TIONS.—In making a determination of the appointment and compensation authority sition period, which condition can be re- rating of disability of a member of the armed for personnel for care and treatment of solved within 180 days as determined by a forces for purposes of this chapter, the Sec- wounded and injured members of the Department of Defense physician, shall be retary concerned shall take into account all armed forces entitled to receive medical and dental care medical conditions, whether individually or ‘‘(a) IN GENERAL.—The Secretary of De- for that medical condition, and that medical collectively, that render the member unfit to fense may, at the discretion of the Sec- condition only, as if the member were a perform the duties of the member’s office, retary, exercise any authority for the ap- member of the armed forces on active duty grade, rank, or rating.’’. pointment and pay of health care personnel for 180 days following the diagnosis of the (b) CLERICAL AMENDMENT.—The table of under chapter 74 of title 38 for purposes of condition. sections at the beginning of chapter 61 of the recruitment, employment, and retention ‘‘(B) The Secretary concerned shall ensure such title is amended by inserting after the of civilian health care professionals for the that the Defense Enrollment and Eligibility item relating to section 1216 the following Department of Defense if the Secretary de- Reporting System (DEERS) is continually new item: termines that the exercise of such authority updated in order to reflect the continuing ‘‘1216a. Determinations of disability: require- is necessary in order to provide or enhance entitlement of members covered by subpara- ments and limitations on deter- the capacity of the Department to provide graph (A) to the medical and dental care re- minations.’’. care and treatment for members of the ferred to in that subparagraph.’’. SEC. 1643. REVIEW OF SEPARATION OF MEMBERS armed forces who are wounded or injured on Subtitle D—Disability Matters OF THE ARMED FORCES SEPARATED active duty in the armed forces and to sup- SEC. 1641. UTILIZATION OF VETERANS’ PRESUMP- FROM SERVICE WITH A DISABILITY port the ongoing patient care and medical TION OF SOUND CONDITION IN ES- RATING OF 20 PERCENT DISABLED readiness, education, and training require- TABLISHING ELIGIBILITY OF MEM- OR LESS. ments of the Department of Defense. BERS OF THE ARMED FORCES FOR (a) BOARD REQUIRED.— ‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The RETIREMENT FOR DISABILITY. (1) IN GENERAL.—Chapter 79 of title 10, Secretaries of the military departments (a) RETIREMENT OF REGULARS AND MEM- United States Code, is amended by inserting shall each develop and implement a strategy BERS ON ACTIVE DUTY FOR MORE THAN 30 after section 1554 the following new section:

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Review of separation with disability ‘‘(2) The recharacterization of the separa- may conduct one or more of the pilot pro- rating of 20 percent disabled or less tion of such individual to retirement for dis- grams described in paragraphs (1) through (3) ‘‘(a) IN GENERAL.—(1) The Secretary of De- ability. of subsection (b) or such other pilot pro- fense shall establish within the Office of the ‘‘(3) The modification of the disability rat- grams as the Secretary of Defense considers Secretary of Defense a board of review to re- ing previously assigned such individual by appropriate. view the disability determinations of cov- the Physical Evaluation Board concerned, (3) CONSULTATION.—In establishing and ered individuals by Physical Evaluation which modified disability rating may not be conducting any pilot program under this sec- Boards. The board shall be known as the a reduction of the disability rating pre- tion, the Secretary of Defense shall consult ‘Physical Disability Board of Review’. viously assigned such individual by that with the Secretary of Veterans Affairs. Physical Evaluation Board. ‘‘(2) The Physical Disability Board of Re- (b) SCOPE OF PILOT PROGRAMS.— ‘‘(4) The issuance of a new disability rating view shall consist of not less than three (1) DISABILITY DETERMINATIONS BY DOD UTI- for such individual. members appointed by the Secretary. LIZING VA ASSIGNED DISABILITY RATING.— ‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) ‘‘(b) COVERED INDIVIDUALS.—For purposes Under one of the pilot programs authorized of this section, covered individuals are mem- The Secretary concerned may correct the military records of a covered individual in by subsection (a), for purposes of making a bers and former members of the armed forces determination of disability of a member of who, during the period beginning on Sep- accordance with a recommendation made by the Physical Disability Board of Review the Armed Forces under section 1201(b) of tember 11, 2001, and ending on December 31, title 10, United States Code, for the retire- 2009— under subsection (d). Any such correction may be made effective as of the effective ment, separation, or placement of the mem- ‘‘(1) are separated from the armed forces ber on the temporary disability retired list due to unfitness for duty due to a medical date of the action taken on the report of the Physical Evaluation Board to which such under chapter 61 of such title, upon a deter- condition with a disability rating of 20 per- mination by the Secretary of the military cent disabled or less; and recommendation relates. ‘‘(2) In the case of a member previously department concerned that the member is ‘‘(2) are found to be not eligible for retire- unfit to perform the duties of the member’s ment. separated pursuant to the findings and deci- sion of a Physical Evaluation Board together office, grade, rank, or rating because of a ‘‘(c) REVIEW.—(1) Upon the request of a physical disability as described in section covered individual, or a surviving spouse, with a lump-sum or other payment of back 1201(a) of such title— next of kin, or legal representative of a cov- pay and allowances at separation, the (A) the Secretary of Veterans Affairs ered individual, the Physical Disability amount of pay or other monetary benefits to may— Board of Review shall review the findings which such member would be entitled based (i) conduct an evaluation of the member and decisions of the Physical Evaluation on the member’s military record as corrected for physical disability; and Board with respect to such covered indi- shall be reduced to take into account receipt (ii) assign the member a rating of dis- vidual. Subject to paragraph (3), upon its of such lump-sum or other payment in such ability in accordance with the schedule for own motion, the Physical Disability Board of manner as the Secretary of Defense con- rating disabilities utilized by the Secretary Review may review the findings and deci- siders appropriate. of Veterans Affairs based on all medical con- sions of the Physical Evaluation Board with ‘‘(3) If the Physical Disability Board of Re- ditions (whether individually or collectively) respect to a covered individual. view makes a recommendation not to correct ‘‘(2) The review by the Physical Disability the military records of a covered individual, that render the member unfit for duty; and Board of Review under paragraph (1) shall be the action taken on the report of the Phys- (B) the Secretary of the military depart- based on the records of the armed force con- ical Evaluation Board to which such rec- ment concerned may make the determina- cerned and such other evidence as may be ommendation relates shall be treated as tion of disability regarding the member uti- presented to the Physical Disability Board of final as of the date of such action. lizing the rating of disability assigned under Review. A witness may present evidence to ‘‘(f) REGULATIONS.—(1) This section shall be subparagraph (A)(ii). the Board by affidavit or by any other means carried out in accordance with regulations (2) DISABILITY DETERMINATIONS UTILIZING considered acceptable by the Secretary of prescribed by the Secretary of Defense. JOINT DOD/VA ASSIGNED DISABILITY RATING.— Defense. ‘‘(2) The regulations under paragraph (1) Under one of the pilot programs authorized ‘‘(3) If the Physical Disability Board of Re- shall specify reasonable deadlines for the by subsection (a), in making a determination view proposes to review, upon its own mo- performance of reviews required by this sec- of disability of a member of the Armed tion, the findings and decisions of the Phys- tion. Forces under section 1201(b) of title 10, ical Evaluation Board with respect to a cov- ‘‘(3) The regulations under paragraph (1) United States Code, for the retirement, sepa- ered individual, the Physical Disability shall specify the effect of a determination or ration, or placement of the member on the Board of Review shall notify the covered in- pending determination of a Physical Evalua- temporary disability retired list under chap- dividual, or a surviving spouse, next of kin, tion Board on considerations by boards for ter 61 of such title, the Secretary of the mili- or legal representative of the covered indi- correction of military records under section tary department concerned may, upon deter- vidual, of the proposed review and obtain the 1552 of this title.’’. mining that the member is unfit to perform consent of the covered individual or a sur- (2) CLERICAL AMENDMENT.—The table of the duties of the member’s office, grade, viving spouse, next of kin, or legal represent- sections at the beginning of chapter 79 of rank, or rating because of a physical dis- ative of the covered individual before pro- such title is amended by inserting after the ability as described in section 1201(a) of such ceeding with the review. item relating to section 1554 the following title— ‘‘(4) With respect to any review by the new item: (A) provide for the joint evaluation of the Physical Disability Board of Review of the ‘‘1554a. Review of separation with disability member for disability by the Secretary of findings and decisions of the Physical Eval- rating of 20 percent disabled or the military department concerned and the uation Board with respect to a covered indi- less.’’. Secretary of Veterans Affairs, including the vidual, whether initiated at the request of (b) IMPLEMENTATION.—The Secretary of De- assignment of a rating of disability for the the covered individual or a surviving spouse, fense shall establish the board of review re- member in accordance with the schedule for next of kin, or legal representative of the quired by section 1554a of title 10, United rating disabilities utilized by the Secretary covered individual or initiated by the Phys- States Code (as added by subsection (a)), and of Veterans Affairs based on all medical con- ical Disability Board of Review, the Physical prescribe the regulations required by such ditions (whether individually or collectively) Disability Board of Review shall notify the section, not later than 90 days after the date that render the member unfit for duty; and covered individual or a surviving spouse, of the enactment of this Act. (B) make the determination of disability next of kin, or legal representative of the SEC. 1644. AUTHORIZATION OF PILOT PROGRAMS regarding the member utilizing the rating of covered individual that, as a result of the re- TO IMPROVE THE DISABILITY EVAL- disability assigned under subparagraph (A). quest or consent, the covered individual or a UATION SYSTEM FOR MEMBERS OF (3) ELECTRONIC CLEARING HOUSE.—Under surviving spouse, next of kin, or legal rep- THE ARMED FORCES. one of the pilot programs authorized by sub- resentative of the covered individual may (a) PILOT PROGRAMS.— section (a), the Secretary of Defense may es- not seek relief from the Board for Correction (1) PROGRAMS AUTHORIZED.—For the pur- tablish and operate a single Internet website of Military Records operated by the Sec- poses set forth in subsection (c), the Sec- for the disability evaluation system of the retary concerned. retary of Defense may establish and conduct Department of Defense that enables partici- ‘‘(d) AUTHORIZED RECOMMENDATIONS.—The pilot programs with respect to the system of pating members of the Armed Forces to fully Physical Disability Board of Review may, as the Department of Defense for the evalua- utilize such system through the Internet, a result of its findings under a review under tion of the disabilities of members of the with such Internet website to include the fol- subsection (c), recommend to the Secretary Armed Forces who are being separated or re- lowing: concerned the following (as applicable) with tired from the Armed Forces for disability (A) The availability of any forms required respect to a covered individual: under chapter 61 of title 10, United States for the utilization of the disability evalua- ‘‘(1) No recharacterization of the separa- Code (in this section referred to as the ‘‘dis- tion system by members of the Armed tion of such individual or modification of the ability evaluation system’’). Forces under the system. disability rating previously assigned such in- (2) TYPES OF PILOT PROGRAMS.—In carrying (B) Secure mechanisms for the submission dividual. out this section, the Secretary of Defense of such forms by members of the Armed

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Forces under the system, and for the track- (e) CONSTRUCTION WITH OTHER AUTHORI- trative Processes at Walter Reed Army Med- ing of the acceptance and review of any TIES.— ical Center and National Naval Medical Cen- forms so submitted. (1) IN GENERAL.—Subject to paragraph (2), ter. (C) Secure mechanisms for advising mem- in carrying out a pilot program under sub- (3) The report of the Department of Vet- bers of the Armed Forces under the system section (a)— erans Affairs Task Force on Returning Glob- of any additional information, forms, or (A) the rules and regulations of the Depart- al War on Terror Heroes. other items that are required for the accept- ment of Defense and the Department of Vet- (b) ELEMENTS OF REPORT.—Each report ance and review of any forms so submitted. erans Affairs relating to methods of deter- under subsection (a) shall include current in- (D) The continuous availability of assist- mining fitness or unfitness for duty and dis- formation on the following: ance to members of the Armed Forces under ability ratings for members of the Armed (1) The total number of cases, and the the system (including assistance through the Forces shall apply to the pilot program only number of cases involving combat disabled caseworkers assigned to such members of the to the extent provided in the report on the service members, pending resolution before Armed Forces) in submitting and tracking pilot program under subsection (g)(1); and the Medical and Physical Disability Evalua- such forms, including assistance in obtaining (B) the Secretary of Defense and the Sec- tion Boards of the Army, including informa- information, forms, or other items described retary of Veterans Affairs may waive any tion on the number of members of the Army by subparagraph (C). provision of title 10, 37, or 38, United States who have been in a medical hold or holdover (E) Secure mechanisms to request and re- Code, relating to methods of determining fit- status for more than each of 100, 200, and 300 ceive personnel files or other personnel ness or unfitness for duty and disability rat- days. records of members of the Armed Forces ings for members of the Armed Forces if the (2) The status of the implementation of under the system that are required for sub- Secretaries determine in writing that the ap- modifications to disability evaluation proc- mission under the disability evaluation sys- plication of such provision would be incon- esses of the Department of Defense in re- tem, including the capability to track re- sistent with the purpose of the pilot pro- sponse to the following: quests for such files or records and to deter- gram. (A) The report of the Inspector General on such processes dated March 6, 2007. mine the status of such requests and of re- (2) LIMITATION.—Nothing in paragraph (1) sponses to such requests. shall be construed to authorize the waiver of (B) The report of the Independent Review (4) OTHER PILOT PROGRAMS.—The pilot pro- any provision of section 1216a of title 10, Group on Rehabilitation Care and Adminis- grams authorized by subsection (a) may also United States Code, as added by section 1642 trative Processes at Walter Reed Army Med- provide for the development, evaluation, and of this Act. ical Center and National Naval Medical Cen- identification of such practices and proce- (f) DURATION.—Each pilot program con- ter. dures under the disability evaluation system ducted under subsection (a) shall be com- (C) The report of the Department of Vet- as the Secretary considers appropriate for pleted not later than one year after the date erans Affairs Task Force on Returning Glob- purposes set forth in subsection (c). of the commencement of such pilot program al War on Terror Heroes. (c) PURPOSES.—A pilot program established under that subsection. (c) POSTING ON INTERNET.—Not later than under subsection (a) may have one or more (g) REPORTS.— 24 hours after submitting a report under sub- of the following purposes: (1) INITIAL REPORT.—Not later than 90 days section (a), the Secretary shall post such re- (1) To provide for the development, evalua- after the date of the enactment of this Act, port on the Internet website of the Depart- tion, and identification of revised and im- the Secretary of Defense shall submit to the ment of Defense that is available to the pub- proved practices and procedures under the appropriate committees of Congress a report lic. disability evaluation system in order to— on each pilot program that has been com- SEC. 1646. ENHANCEMENT OF DISABILITY SEVER- (A) reduce the processing time under the menced as of that date under subsection (a). ANCE PAY FOR MEMBERS OF THE ARMED FORCES. disability evaluation system of members of The report shall include— (a) IN GENERAL.—Section 1212 of title 10, the Armed Forces who are likely to be re- (A) a description of the scope and objec- United States Code, is amended— tired or separated for disability, and who tives of the pilot program; (1) in subsection (a)(1), by striking ‘‘his have not requested continuation on active (B) a description of the methodology to be years of service, but not more than 12, com- duty, including, in particular, members who used under the pilot program to ensure rapid puted under section 1208 of this title’’ in the are severely wounded; identification under such pilot program of matter preceding subparagraph (A) and in- (B) identify and implement or seek the revised or improved practices under the dis- serting ‘‘the member’s years of service com- modification of statutory or administrative ability evaluation system in order to achieve puted under section 1208 of this title (subject policies and requirements applicable to the the objectives set forth in subsection (c)(1); to the minimum and maximum years of serv- disability evaluation system that— and ice provided for in subsection (c))’’; (i) are unnecessary or contrary to applica- (C) a statement of any provision described (2) by redesignating subsection (c) as sub- ble best practices of civilian employers and in subsection (e)(1)(B) that will not apply to section (d); and civilian healthcare systems; or the pilot program by reason of a waiver (3) by inserting after subsection (b) the fol- (ii) otherwise result in hardship, arbitrary, under that subsection. lowing new subsection (c): or inconsistent outcomes for members of the (2) INTERIM REPORT.—Not later than 180 ‘‘(c)(1) The minimum years of service of a Armed Forces, or unwarranted inefficiencies days after the date of the submittal of the member for purposes of subsection (a)(1) and delays; report required by paragraph (1) with respect shall be as follows: (C) eliminate material variations in poli- to a pilot program, the Secretary shall sub- ‘‘(A) Six years in the case of a member sep- cies, interpretations, and overall perform- mit to the appropriate committees of Con- arated from the armed forces for a disability ance standards among the military depart- gress a report describing the current status incurred in line of duty in a combat zone (as ments under the disability evaluation sys- of the pilot program. designated by the Secretary of Defense for tem; and (3) FINAL REPORT.—Not later than 90 days purposes of this subsection) or incurred dur- (D) determine whether it enhances the ca- after the completion of all of the pilot pro- ing the performance of duty in combat-re- pability of the Department of Veterans Af- grams conducted under subsection (a), the lated operations as designated by the Sec- fairs to receive and determine claims from Secretary shall submit to the appropriate retary of Defense. members of the Armed Forces for compensa- committees of Congress a report setting ‘‘(B) Three years in the case of any other tion, pension, hospitalization, or other vet- forth a final evaluation and assessment of member. erans benefits. the pilot programs. The report shall include ‘‘(2) The maximum years of service of a (2) In conjunction with the findings and such recommendations for legislative or ad- member for purposes of subsection (a)(1) recommendations of applicable Presidential ministrative action as the Secretary con- shall be 19 years.’’. and Department of Defense study groups, to siders appropriate in light of such pilot pro- (b) NO DEDUCTION FROM COMPENSATION OF provide for the eventual development of re- grams. SEVERANCE PAY FOR DISABILITIES INCURRED vised and improved practices and procedures SEC. 1645. REPORTS ON ARMY ACTION PLAN IN IN COMBAT ZONES.—Subsection (d) of such for the disability evaluation system in order RESPONSE TO DEFICIENCIES IN THE section, as redesignated by subsection (a)(2) to achieve the objectives set forth in para- ARMY PHYSICAL DISABILITY EVAL- of this section, is further amended— graph (1). UATION SYSTEM. (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; (d) UTILIZATION OF RESULTS IN UPDATES OF (a) REPORTS REQUIRED.—Not later than (2) by striking the second sentence; and COMPREHENSIVE POLICY ON CARE, MANAGE- June 1, 2008, and June 1, 2009, the Secretary (3) by adding at the end the following new MENT, AND TRANSITION OF RECOVERING SERV- of Defense shall submit to the congressional paragraphs: ICE MEMBERS.—The Secretary of Defense and defense committees a report on the imple- ‘‘(2) No deduction may be made under para- the Secretary of Veterans Affairs, acting mentation of corrective measures by the De- graph (1) in the case of disability severance jointly, may incorporate responses to any partment of Defense with respect to the pay received by a member for a disability in- findings and recommendations arising under Physical Disability Evaluation System curred in line of duty in a combat zone or in- the pilot programs conducted under sub- (PDES) in response to the following: curred during performance of duty in com- section (a) in updating the comprehensive (1) The report of the Inspector General of bat-related operations as designated by the policy on the care and management of cov- the Army on that system of March 6, 2007. Secretary of Defense. ered service members under section (2) The report of the Independent Review ‘‘(3) No deduction may be made under para- 1611(a)(4). Group on Rehabilitation Care and Adminis- graph (1) from any death compensation to

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Not later than 30 days after the date of the apply with respect to members of the Armed (B) Size, appearance, and maintenance of enactment of this Act, and every 180 days Forces separated from the Armed Forces rooms housing or utilized by patients, in- thereafter until March 1, 2009, the Secretary under chapter 61 of title 10, United States cluding furniture and amenities in such of Defense shall submit to the congressional Code, on or after that date. rooms. defense committees a report on the imple- SEC. 1647. ASSESSMENTS OF CONTINUING UTIL- (C) Operation and maintenance of primary mentation of the Army Medical Action Plan ITY AND FUTURE ROLE OF TEM- and back-up facility utility systems and to correct deficiencies identified in the con- PORARY DISABILITY RETIRED LIST. other systems required for patient care, in- dition of facilities and patient administra- (a) REPORT REQUIRED.—Not later than 180 cluding electrical systems, plumbing sys- tion. days after the date of the enactment of this tems, heating, ventilation, and air condi- Act, the Secretary of Defense shall submit to tioning systems, communications systems, SEC. 1650. REQUIRED CERTIFICATIONS IN CON- the congressional defense committees a re- NECTION WITH CLOSURE OF WAL- fire protection systems, energy management TER REED ARMY MEDICAL CENTER, port containing— systems, and other systems required for pa- (1) a statistical history since January 1, DISTRICT OF COLUMBIA. tient care. (a) CERTIFICATIONS.—In implementing the 2000, of the numbers of members of the (D) Compliance of facilities, rooms, and decision to close Walter Reed Army Medical Armed Forces who are returned to duty or grounds, to the maximum extent practicable, Center, District of Columbia, required as a separated following a tenure on the tem- with the Americans with Disabilities Act of result of the 2005 round of defense base clo- porary disability retired list and, in the case 1990 (42 U.S.C. 12101 et seq.). sure and realignment under the Defense Base of members who were separated, how many (E) Such other matters relating to the ap- Closure and Realignment Act of 1990 (part A of the members were granted disability sepa- pearance, size, operation, and maintenance of title XXIX of Public Law 101–510; U.S.C. ration or retirement and what were their dis- of facilities and rooms as the Secretary con- 2687 note), the Secretary of Defense shall ability ratings; siders appropriate. submit to the congressional defense commit- (2) the results of the assessments required (d) COMPLIANCE WITH STANDARDS.— tees a certification of each of the following: by subsection (b); and (1) DEADLINE.—In establishing standards (1) That a transition plan has been devel- (3) such recommendations for the modifica- under subsection (a), the Secretary shall oped, and resources have been committed, to tion or improvement of the temporary dis- specify a deadline for compliance with such ensure that patient care services, medical ability retired list as the Secretary considers standards by each facility referred to in sub- operations, and facilities are sustained at appropriate in response to the assessments. section (b). The deadline shall be at the ear- the highest possible level at Walter Reed (b) REQUIRED ASSESSMENTS.—The assess- liest date practicable after the date of the Army Medical Center until facilities to re- ments required to be conducted as part of enactment of this Act, and shall, to the max- the report under subsection (a) are the fol- place Walter Reed Army Medical Center are imum extent practicable, be uniform across lowing: staffed and ready to assume at least the the facilities referred to in subsection (b). (1) An assessment of the continuing utility same level of care previously provided at (2) INVESTMENT.—In carrying out this sec- of the temporary disability retired list in Walter Reed Army Medical Center. tion, the Secretary shall also establish satisfying the purposes for which the tem- (2) That the closure of Walter Reed Army guidelines for investment to be utilized by porary disability retired list was established. Medical Center will not result in a net loss of the Department of Defense and the military (2) An assessment of the need to require capacity in the major medical centers in the departments in determining the allocation of that the condition of a member be perma- National Capitol Region in terms of total financial resources to facilities referred to in nent and stable before the member is sepa- bed capacity or staffed bed capacity. subsection (b) in order to meet the deadline rated with less than a 30 percent disability (3) That the capacity of medical hold and specified under paragraph (1). rating prior to exceeding the maximum ten- out-patient lodging facilities operating at (e) REPORT ON DEVELOPMENT AND IMPLE- Walter Reed Army Medical Center as of the ure allowed on the temporary disability re- MENTATION OF STANDARDS.— tired list. date of the certification will be available in (1) IN GENERAL.—Not later than March 1, sufficient quantities at the facilities des- (3) An assessment of the future role of the 2008, the Secretary shall submit to the con- temporary disability retired list in the Dis- ignated to replace Walter Reed Army Med- gressional defense committees a report on ical Center by the date of the closure of Wal- ability Evaluation System of the Depart- the actions taken to carry out subsection ment of Defense and the changes in policy ter Reed Army Medical Center. (a). (b) TIME FOR SUBMITTAL.—The Secretary and law required to fulfill the future role of (2) ELEMENTS.—The report under paragraph shall submit the certifications required by the temporary disability retire list. (1) shall include the following: subsection (a) not later than 90 days after SEC. 1648. STANDARDS FOR MILITARY MEDICAL (A) The standards established under sub- the date of the enactment of this Act. If the TREATMENT FACILITIES, SPECIALTY section (a). MEDICAL CARE FACILITIES, AND Secretary is unable to make one or more of MILITARY QUARTERS HOUSING PA- (B) An assessment of the appearance, con- the certifications by the end of the 90-day pe- TIENTS AND ANNUAL REPORT ON dition, and maintenance of each facility re- riod, the Secretary shall notify the congres- SUCH FACILITIES. ferred to in subsection (b), including— sional defense committees of the delay and (a) ESTABLISHMENT OF STANDARDS.—The (i) an assessment of the compliance of the the reasons for the delay. Secretary of Defense shall establish for the facility with the standards established under SEC. 1651. HANDBOOK FOR MEMBERS OF THE military facilities of the Department of De- subsection (a); and ARMED FORCES ON COMPENSATION fense and the military departments referred (ii) a description of any deficiency or non- AND BENEFITS AVAILABLE FOR SE- to in subsection (b) standards with respect to compliance in each facility with the stand- RIOUS INJURIES AND ILLNESSES. the matters set forth in subsection (c). To ards. (a) INFORMATION ON AVAILABLE COMPENSA- the maximum extent practicable, the stand- (C) A description of the investment to be TION AND BENEFITS.—Not later than October ards shall— allocated to address each deficiency or non- 1, 2008, the Secretary of Defense shall de- (1) be uniform and consistent for all such compliance identified under subparagraph velop and maintain, in handbook and elec- facilities; and (B)(ii). tronic form, a comprehensive description of (2) be uniform and consistent throughout (f) ANNUAL REPORT.—Not later than the the compensation and other benefits to the Department of Defense and the military date on which the President submits the which a member of the Armed Forces, and departments. budget for a fiscal year to Congress pursuant the family of such member, would be enti- (b) COVERED MILITARY FACILITIES.—The to section 1105 of title 31, United States tled upon the separation or retirement of the military facilities covered by this section Code, the Secretary shall submit to the Com- member from the Armed Forces as a result are the following: mittees on Armed Services of the Senate and of a serious injury or illness. The handbook (1) Military medical treatment facilities. the House of Representatives a report on the shall set forth the range of such compensa- (2) Specialty medical care facilities. adequacy, suitability, and quality of each fa- tion and benefits based on grade, length of (3) Military quarters or leased housing for cility referred to in subsection (b). The Sec- service, degree of disability at separation or patients. retary shall include in each report informa- retirement, and such other factors affecting (c) SCOPE OF STANDARDS.—The standards tion regarding— such compensation and benefits as the Sec- required by subsection (a) shall include the (1) any deficiencies in the adequacy, qual- retary considers appropriate. following: ity, or state of repair of medical-related sup- (b) CONSULTATION.—The Secretary of De- (1) Generally accepted standards for the ac- port facilities raised as a result of informa- fense shall develop and maintain the com- creditation of medical facilities, or for facili- tion received during the period covered by prehensive description required by sub- ties used to quarter individuals that may re- the report through the toll-free hot line re- section (a), including the handbook and elec- quire medical supervision, as applicable, in quired by section 1616; and tronic form of the description, in consulta- the United States. (2) the investigations conducted and plans tion with the Secretary of Veterans Affairs, (2) To the extent not inconsistent with the of action prepared under such section to re- the Secretary of Health and Human Services, standards described in paragraph (1), mini- spond to such deficiencies. and the Commissioner of Social Security.

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(c) UPDATE.—The Secretary of Defense proaches for traumatic brain injury within sons or entities not engaged in work under shall update the comprehensive description the Department of Defense and the Depart- the study. required by subsection (a), including the ment of Veterans Affairs; (f) REPORTS BY NATIONAL ACADEMY OF handbook and electronic form of the descrip- (D) an assessment of the effects of SCIENCES.—Upon the completion of each tion, on a periodic basis, but not less often undiagnosed injuries such as post-traumatic phase of the study required under subsection than annually. stress disorder and traumatic brain injury, (a), the National Academy of Sciences shall (d) PROVISION TO MEMBERS.—The Secretary an estimate of the long-term costs associ- submit to the Secretary of Defense, the Sec- of the military department concerned shall ated with such injuries, and an assessment of retary of Veterans Affairs, and the congres- provide the descriptive handbook under sub- the efficacy of screenings and treatment ap- sional defense committees a report on such section (a) to each member of the Armed proaches for post-traumatic stress disorder phase of the study. Forces described in that subsection as soon and other mental health conditions within (g) DOD AND VA RESPONSE TO NAS RE- as practicable following the injury or illness the Department of Defense and Department PORTS.—Not later than 90 days after the re- qualifying the member for coverage under of Veterans Affairs; ceipt of a report under subsection (f) on each such subsection. (E) an assessment of the gender- and ethnic phase of the study required under subsection (e) PROVISION TO REPRESENTATIVES.—If a group-specific needs and concerns of mem- (a), the Secretary of Defense and the Sec- member is incapacitated or otherwise unable bers of the Armed Forces and veterans; retary of Veterans Affairs shall develop a to receive the descriptive handbook to be (F) an assessment of the particular needs final joint Department of Defense-Depart- provided under subsection (a), the handbook and concerns of children of members of the ment of Veterans Affairs response to the shall be provided to the next of kin or a legal Armed Forces, taking into account differing findings and recommendations of the Na- representative of the member, as determined age groups, impacts on development and edu- tional Academy of Sciences contained in in accordance with regulations prescribed by cation, and the mental and emotional well such report. the Secretary of the military department being of children; SEC. 1662. ACCESS OF RECOVERING SERVICE concerned for purposes of this section. (G) an assessment of the particular edu- MEMBERS TO ADEQUATE OUT- Subtitle E—Studies and Reports cational and vocational needs of such mem- PATIENT RESIDENTIAL FACILITIES. bers and former members and their families, (a) REQUIRED INSPECTIONS OF FACILITIES.— SEC. 1661. STUDY ON PHYSICAL AND MENTAL All quarters of the United States and hous- HEALTH AND OTHER READJUST- and an assessment of the efficacy of existing MENT NEEDS OF MEMBERS AND educational and vocational programs to ad- ing facilities under the jurisdiction of the FORMER MEMBERS OF THE ARMED dress such needs; Armed Forces that are occupied by recov- FORCES WHO DEPLOYED IN OPER- (H) an assessment of the impacts on com- ering service members shall be inspected on ATION IRAQI FREEDOM AND OPER- munities with high populations of military a semiannual basis for the first two years ATION ENDURING FREEDOM AND families, including military housing commu- after the enactment of this Act and annually THEIR FAMILIES. thereafter by the inspectors general of the (a) STUDY REQUIRED.—The Secretary of De- nities and townships with deployed members of the National Guard and Reserve, of de- regional medical commands. fense shall, in consultation with the Sec- (b) INSPECTOR GENERAL REPORTS.—The in- ployments associated with Operation Iraqi retary of Veterans Affairs, enter into an spector general for each regional medical Freedom and Operation Enduring Freedom, agreement with the National Academy of command shall— and an assessment of the efficacy of pro- Sciences for a study on the physical and (1) submit a report on each inspection of a grams that address community outreach and mental health and other readjustment needs facility conducted under subsection (a) to education concerning military deployments of members and former members of the the post commander at such facility, the of community residents; Armed Forces who deployed in Operation commanding officer of the hospital affiliated (I) an assessment of the impacts of increas- Iraqi Freedom or Operation Enduring Free- with such facility, the surgeon general of the ing numbers of older and married members dom and their families as a result of such de- military department that operates such hos- of the Armed Forces on readjustment re- ployment. pital, the Secretary of the military depart- quirements; (b) PHASES.—The study required under sub- ment concerned, the Assistant Secretary of (J) the development, based on such assess- section (a) shall consist of two phases: Defense for Health Affairs, and the congres- ments, of recommendations for programs, (1) A preliminary phase, to be completed sional defense committees; and treatments, or policy remedies targeted at not later than one year after the date of the (2) post each such report on the Internet preventing, minimizing, or addressing the enactment of this Act— website of such regional medical command. (A) to identify preliminary findings on the impacts, gaps, and needs identified; and (K) the development, based on such assess- SEC. 1663. STUDY AND REPORT ON SUPPORT physical and mental health and other read- SERVICES FOR FAMILIES OF RECOV- justment needs described in subsection (a) ments, of recommendations for additional ERING SERVICE MEMBERS. and on gaps in care for the members, former research on such needs. (a) STUDY REQUIRED.—The Secretary of De- members, and families described in that sub- (c) POPULATIONS TO BE STUDIED.—The fense shall conduct a study of the provision section; and study required under subsection (a) shall of support services for families of recovering (B) to determine the parameters of the sec- consider the readjustment needs of each pop- service members. ond phase of the study under paragraph (2). ulation of individuals as follows: (b) MATTERS COVERED.—The study under (2) A second phase, to be completed not (1) Members of the regular components of subsection (a) shall include the following: later than three years after the date of the the Armed Forces who are returning, or have (1) A determination of the types of support enactment of this Act, to carry out a com- returned, to the United States from deploy- services, including job placement services, prehensive assessment, in accordance with ment in Operation Iraqi Freedom or Oper- that are currently provided by the Depart- the parameters identified under the prelimi- ation Enduring Freedom. ment of Defense to eligible family members, nary report required by paragraph (1), of the (2) Members of the National Guard and Re- and the cost of providing such services. physical and mental health and other read- serve who are returning, or have returned, to (2) A determination of additional types of justment needs of members and former mem- the United States from deployment in Oper- support services that would be feasible for bers of the Armed Forces who deployed in ation Iraqi Freedom or Operation Enduring the Department to provide to such family Operation Iraqi Freedom or Operation En- Freedom. members, and the costs of providing such during Freedom and their families as a re- (3) Veterans of Operation Iraqi Freedom or services, including the following types of sult of such deployment, including, at a min- Operation Enduring Freedom. services: imum— (4) Family members of the members and (A) The provision of medical care at mili- (A) an assessment of the psychological, so- veterans described in paragraphs (1) through tary medical treatment facilities. cial, and economic impacts of such deploy- (3). (B) The provision of additional employ- ment on such members and former members (d) ACCESS TO INFORMATION.—The National ment services, and the need for employment and their families; Academy of Sciences shall have access to protection, of such family members who are (B) an assessment of the particular im- such personnel, information, records, and placed on leave from employment or other- pacts of multiple deployments in Operation systems of the Department of Defense and wise displaced from employment while car- Iraqi Freedom or Operation Enduring Free- the Department of Veterans Affairs as the ing for a recovering service member for more dom on such members and former members National Academy of Sciences requires in than 45 days during a one-year period. and their families; order to carry out the study required under (C) The provision of meals without charge (C) an assessment of the full scope of the subsection (a). at military medical treatment facilities. neurological, psychiatric, and psychological (e) PRIVACY OF INFORMATION.—The Na- (3) A survey of military medical treatment effects of traumatic brain injury on members tional Academy of Sciences shall maintain facilities to estimate the number of family and former members of the Armed Forces, any personally identifiable information members to whom the support services including the effects of such effects on the accessed by the Academy in carrying out the would be provided. family members of such members and former study required under subsection (a) in ac- (4) A determination of any discrimination members, and an assessment of the efficacy cordance with all applicable laws, protec- in employment that such family members of current treatment approaches for trau- tions, and best practices regarding the pri- experience, including denial of retention in matic brain injury in the United States and vacy of such information, and may not per- employment, promotion, or any benefit of the efficacy of screenings and treatment ap- mit access to such information by any per- employment by an employer on the basis of

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PROHIBITION ON TRANSFER OF RE- predeployment assessment and documenta- and the House of Representatives a report on SOURCES FROM MEDICAL CARE. tion of the cognitive (including memory) the results of the study, with such findings Neither the Secretary of Defense nor the functioning of a member who is deployed and recommendations as the Secretary con- Secretaries of the military departments may outside the United States in order to facili- siders appropriate. transfer funds or personnel from medical tate the assessment of the postdeployment SEC. 1664. REPORT ON TRAUMATIC BRAIN IN- care functions to administrative functions cognitive (including memory) functioning of JURY CLASSIFICATIONS. within the Department of Defense in order to the member. Not later than 90 days after the date of the comply with the new administrative require- ‘‘(B) The protocol under subparagraph (A) enactment of this Act, the Secretary of De- ments imposed by this title or the amend- shall include appropriate mechanisms to per- fense and the Secretary of Veterans Affairs ments made by this title. mit the differential diagnosis of traumatic jointly shall submit to the Committees on SEC. 1672. MEDICAL CARE FOR FAMILIES OF brain injury in members returning from de- Armed Services of the Senate and the House MEMBERS OF THE ARMED FORCES ployment in a combat zone.’’. of Representatives a report describing the RECOVERING FROM SERIOUS INJU- (2) PILOT PROJECTS.—(A) In developing the changes undertaken within the Department RIES OR ILLNESSES. protocol required by paragraph (3) of section of Defense and the Department of Veterans (a) MEDICAL CARE AT MILITARY MEDICAL 1074f(b) of title 10, United States Code (as Affairs to ensure that traumatic brain injury FACILITIES.— amended by paragraph (1) of this subsection), victims receive a medical designation con- (1) MEDICAL CARE.—A family member of a for purposes of assessments for traumatic comitant with their injury rather than a recovering service member who is not other- brain injury, the Secretary of Defense shall medical designation that assigns a generic wise eligible for medical care at a military conduct up to three pilot projects to evalu- classification (such as ‘‘organic psychiatric medical treatment facility may be eligible ate various mechanisms for use in the pro- disorder’’). for such care at such facilities, on a space- tocol for such purposes. One of the mecha- SEC. 1665. EVALUATION OF THE POLYTRAUMA LI- available basis, if the family member is— nisms to be so evaluated shall be a com- AISON OFFICER/NON-COMMIS- (A) on invitational orders while caring for puter-based assessment tool which shall, at a SIONED OFFICER PROGRAM. the service member; minimum, include the following: (a) EVALUATION REQUIRED.—The Secretary (B) a non-medical attendee caring for the (i) Administration of computer-based of Defense shall conduct an evaluation of the service member; or neurocognitive assessment. Polytrauma Liaison Officer/Non-Commis- (C) receiving per diem payments from the (ii) Pre-deployment assessments to estab- sioned Officer program, which is the program Department of Defense while caring for the lish a neurocognitive baseline for members operated by each of the military depart- service member. of the Armed Forces for future treatment. ments and the Department of Veterans Af- (2) SPECIFICATION OF FAMILY MEMBERS.— (B) Not later than 60 days after the com- fairs for the purpose of— The Secretary of Defense may prescribe in pletion of the pilot projects conducted under (1) assisting in the seamless transition of regulations the family members of recov- this paragraph, the Secretary shall submit members of the Armed Forces from the De- ering service members who shall be consid- to the appropriate committees of Congress a partment of Defense health care system to ered to be a family member of a service report on the pilot projects. The report shall the Department of Veterans Affairs system; member for purposes of this subsection. include— and (3) SPECIFICATION OF CARE.—The Secretary (i) a description of the pilot projects so (2) expediting the flow of information and of Defense shall prescribe in regulations the conducted; communication between military treatment medical care that may be available to family (ii) an assessment of the results of each facilities and the Veterans Affairs members under this subsection at military such pilot project; and Polytrauma Centers. medical treatment facilities. (iii) a description of any mechanisms eval- (b) MATTERS COVERED.—The evaluation of (4) RECOVERY OF COSTS.—The United States uated under each such pilot project that will the Polytrauma Liaison Officer/Non-Com- may recover the costs of the provision of be incorporated into the protocol. missioned Officer program shall include an medical care under this subsection as follows (C) Not later than 180 days after comple- evaluation of the following: (as applicable): tion of the pilot projects conducted under (1) The program’s effectiveness in the fol- (A) From third-party payers, in the same this paragraph, the Secretary shall establish lowing areas: manner as the United States may collect a means for implementing any mechanism (A) Handling of military patient transfers. costs of the charges of health care provided evaluated under such a pilot project that is (B) Ability to access military records in a to covered beneficiaries from third-party selected for incorporation in the protocol. timely manner. payers under section 1095 of title 10, United (b) QUALITY ASSURANCE.—Subsection (d)(2) (C) Collaboration with Polytrauma Center States Code. of section 1074f of title 10, United States treatment teams. (B) As if such care was provided under the Code, is amended by adding at the end the (D) Collaboration with veteran service or- authority of section 1784 of title 38, United following new subparagraph: ganizations. States Code. ‘‘(F) The diagnosis and treatment of trau- (E) Functioning as the Polytrauma Cen- (b) MEDICAL CARE AT DEPARTMENT OF VET- matic brain injury and post-traumatic stress ter’s subject-matter expert on military ERANS AFFAIRS MEDICAL FACILITIES.— disorder.’’. issues. (1) MEDICAL CARE.—When a recovering (c) STANDARDS FOR DEPLOYMENT.—Sub- (F) Supporting and assisting family mem- service member is receiving hospital care section (f) of such section is amended— bers. and medical services at a medical facility of (1) in the subsection heading, by striking (G) Providing education, information, and the Department of Veterans Affairs, the Sec- ‘‘MENTAL HEALTH’’; and referrals to members of the Armed Forces retary of Veterans Affairs may provide med- (2) in paragraph (2)(B), by striking ‘‘or’’ and their family members. ical care for eligible family members under and inserting ‘‘, traumatic brain injury, or’’. (H) Functioning as uniformed advocates this section when that care is readily avail- SEC. 1674. GUARANTEED FUNDING FOR WALTER for members of the Armed Forces and their able at that Department facility and on a REED ARMY MEDICAL CENTER, DIS- family members. space-available basis. TRICT OF COLUMBIA. (I) Inclusion in Polytrauma Center meet- (2) REGULATIONS.—The Secretary of Vet- (a) MINIMUM FUNDING.—The amount of ings. erans Affairs shall prescribe in regulations funds available for the commander of Walter (J) Completion of required administrative the medical care that may be available to Reed Army Medical Center, District of Co- reporting. family members under this subsection at lumbia, for a fiscal year shall be not less (K) Ability to provide necessary adminis- medical facilities of the Department of Vet- than the amount expended by the com- trative support to all members of the Armed erans Affairs. mander of Walter Reed Army Medical Center Forces. SEC. 1673. IMPROVEMENT OF MEDICAL TRACK- in fiscal year 2006 until the first fiscal year (2) Manpower requirements to effectively ING SYSTEM FOR MEMBERS OF THE beginning after the date on which the Sec- carry out all required functions of the ARMED FORCES DEPLOYED OVER- retary of Defense submits to the congres- Polytrauma Liaison Officer/Non-Commis- SEAS. sional defense committees a plan for the pro- sioned Officer program given current and ex- (a) PROTOCOL FOR ASSESSMENT OF COG- vision of health care for military bene- pected case loads. NITIVE FUNCTIONING.— ficiaries and their dependents in the Na- (3) Expansion of the program to incor- (1) PROTOCOL REQUIRED.—Subsection (b) of tional Capital Region. porate Navy and Marine Corps officers and section 1074f of title 10, United States Code, (b) MATTERS COVERED.—The plan under senior enlisted personnel. is amended— subsection (a) shall at a minimum include— (c) REPORTING REQUIREMENT.—Not later (A) in paragraph (2), by adding at the end (1) the manner in which patients, staff, bed than 90 days after the date of the enactment the following new subparagraph: capacity, and functions will move from the

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00191 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.073 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H218 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Walter Reed Army Medical Center to ex- SEC. 1676. MORATORIUM ON CONVERSION TO Sec. 1705. Pilot program on assisted living panded facilities; CONTRACTOR PERFORMANCE OF services for veterans with trau- (2) a timeline, including milestones, for DEPARTMENT OF DEFENSE FUNC- matic brain injury. TIONS AT MILITARY MEDICAL FA- such moves; CILITIES. Sec. 1706. Provision of age-appropriate nurs- (3) projected budgets, including planned (a) MORATORIUM.—No study or competition ing home care. budget transfers, for military treatment fa- may be begun or announced pursuant to sec- Sec. 1707. Extension of period of eligibility cilities within the region; tion 2461 of title 10, United States Code, or for health care for veterans of (4) the management or disposition of real otherwise pursuant to Office of Management combat service during certain property of military treatment facilities and Budget circular A-76, relating to the pos- periods of hostilities and war. within the region; and sible conversion to performance by a con- Sec. 1708. Service-connection and assess- (5) staffing projections for the region. tractor of any Department of Defense func- ments for mental health condi- (c) CERTIFICATION.—After submission of the tion carried out at a military medical facil- tions in veterans. plan under subsection (a) to the congres- ity until the Secretary of Defense— Sec. 1709. Modification of requirements for sional defense committees, the Secretary (1) submits the certification required by furnishing outpatient dental shall certify to such committees on a quar- subsection (b) to the Committee on Armed services to veterans with serv- terly basis that patients, staff, bed capacity, Services of the Senate and the Committee on ice-connected dental conditions functions, or parts of functions at Walter Armed Services of the House of Representa- or disabilities. Reed Army Medical Center have not been tives together with a description of the steps Sec. 1710. Clarification of purpose of out- moved or disestablished until the expanded taken by the Secretary in accordance with reach services program of De- facilities at the National Naval Medical Cen- the certification; and partment of Veterans Affairs. ter, Bethesda, Maryland, and DeWitt Army (2) submits the report required by sub- Sec. 1711. Designation of fiduciary or trustee Community Hospital, Fort Belvoir, Virginia, section (c). for purposes of Traumatic (b) CERTIFICATION.—The certification re- are completed, equipped, and staffed with Servicemembers’ Group Life In- ferred to in paragraph (a)(1) is a certification sufficient capacity to accept and provide, at surance. that the Secretary has taken appropriate a minimum, the same level of and access to SEC. 1701. SENSE OF CONGRESS ON DEPART- care as patients received at Walter Reed steps to ensure that neither the quality of military medical care nor the availability of MENT OF VETERANS AFFAIRS EF- Army Medical Center during fiscal year 2006. qualified personnel to carry out Department FORTS IN THE REHABILITATION (d) DEFINITIONS.—In this section: AND REINTEGRATION OF VETERANS of Defense functions related to military med- WITH TRAUMATIC BRAIN INJURY. (1) The term ‘‘expanded facilities’’ means ical care will be adversely affected by ei- It is the sense of Congress that— the other two military hospitals/medical ther— (1) the Department of Veterans Affairs is a centers within the National Capital Region, (1) the process of considering a Department leader in the field of traumatic brain injury namely— of Defense function carried out at a military care and coordination of such care; (A) the National Naval Medical Center, Be- medical facility for possible conversion to (2) the Department of Veterans Affairs thesda, Maryland (or its successor resulting performance by a contractor; or from implementation of the recommenda- (2) the conversion of such a function to should have the capacity and expertise to tions of the 2005 Defense Base Closure and performance by a contractor. provide veterans who have a traumatic brain Realignment Commission); and (c) REPORT REQUIRED.—Not later than 180 injury with patient-centered health care, re- (B) the DeWitt Army Community Hospital, days after the date of the enactment of this habilitation, and community integration Fort Belvoir, Virginia. Act, the Secretary of Defense shall submit to services that are comparable to or exceed (2) The term ‘‘National Capital Region’’ the Committee on Armed Services of the similar care and services available to per- has the meaning given that term in section Senate and the Committee on Armed Serv- sons with such injuries in the academic and 2674(f) of title 10, United States Code. ices of the House of Representatives a report private sector; on the public-private competitions being (3) rehabilitation for veterans who have a SEC. 1675. USE OF LEAVE TRANSFER PROGRAM conducted for Department of Defense func- traumatic brain injury should be individual- BY WOUNDED VETERANS WHO ARE tions carried out at military medical facili- ized, comprehensive, and interdisciplinary FEDERAL EMPLOYEES. ties as of the date of the enactment of this with the goals of optimizing the independ- (a) IN GENERAL.—Section 6333(b) of title 5, Act by each military department and defense ence of such veterans and reintegrating them United States Code, is amended— agency. Such report shall include— into their communities; (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; (1) for each such competition— (4) family support is integral to the reha- and (A) the cost of conducting the public-pri- bilitation and community reintegration of (2) by adding at the end the following new vate competition; veterans who have sustained a traumatic paragraph: (B) the number of military personnel and brain injury, and the Department should pro- ‘‘(2)(A) The requirement under paragraph civilian employees of the Department of De- vide the families of such veterans with edu- (1) relating to exhaustion of annual and sick fense affected; cation and support; leave shall not apply in the case of a leave (C) the estimated savings identified and (5) the Department of Defense and the De- recipient who— the savings actually achieved; partment of Veterans Affairs have made ef- ‘‘(i) sustains a combat-related disability (D) an evaluation whether the anticipated forts to provide a smooth transition of med- while a member of the armed forces, includ- and budgeted savings can be achieved ical care and rehabilitative services to indi- ing a reserve component of the armed forces; through a public-private competition; and viduals as they transition from the health and (E) the effect of converting the perform- care system of the Department of Defense to ‘‘(ii) is undergoing medical treatment for ance of the function to performance by a that of the Department of Veterans Affairs, that disability. contractor on the quality of the performance but more can be done to assist veterans and of the function; and their families in the continuum of the reha- ‘‘(B) Subparagraph (A) shall apply to a (2) an assessment of whether any method bilitation, recovery, and reintegration of member described in such subparagraph only of business reform or reengineering other wounded or injured veterans into their com- so long as the member continues to undergo than a public-private competition could, if munities; medical treatment for the disability, but in implemented in the future, achieve any an- (6) in planning for rehabilitation and com- no event for longer than 5 years from the ticipated or budgeted savings. munity reintegration of veterans who have a start of such treatment. TITLE XVII—VETERANS MATTERS traumatic brain injury, it is necessary for ‘‘(C) For purposes of this paragraph— the Department of Veterans Affairs to pro- ‘‘(i) the term ‘combat-related disability’ Sec. 1701. Sense of Congress on Department of Veterans Affairs efforts in vide a system for life-long case management has the meaning given such term by section for such veterans; and 1413a(e) of title 10; and the rehabilitation and re- integration of veterans with (7) in such system for life-long case man- ‘‘(ii) the term ‘medical treatment’ has such agement, it is necessary to conduct outreach meaning as the Office of Personnel Manage- traumatic brain injury. Sec. 1702. Individual rehabilitation and com- and to tailor specialized traumatic brain in- ment shall by regulation prescribe.’’. munity reintegration plans for jury case management and outreach to the (b) EFFECTIVE DATE.—The amendment veterans and others with trau- unique needs of veterans with traumatic made by subsection (a) shall take effect on matic brain injury. brain injury who reside in urban and non- the date of the enactment of this Act, except Sec. 1703. Use of non-Department of Vet- urban settings. that, in the case of a leave recipient who is erans Affairs facilities for im- SEC. 1702. INDIVIDUAL REHABILITATION AND undergoing medical treatment on such date plementation of rehabilitation COMMUNITY REINTEGRATION of enactment, section 6333(b)(2)(B) of title 5, and community reintegration PLANS FOR VETERANS AND OTHERS United States Code (as amended by this sec- plans for traumatic brain in- WITH TRAUMATIC BRAIN INJURY. tion) shall be applied as if it had been jury. (a) IN GENERAL.—Subchapter II of chapter amended by inserting ‘‘or the date of the en- Sec. 1704. Research, education, and clinical 17 of title 38, United States Code, is amended actment of this subsection, whichever is care program on traumatic by inserting after section 1710B the following later’’ after ‘‘the start of such treatment’’. brain injury. new sections:

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‘‘§ 1710C. Traumatic brain injury: plans for ‘‘(Q) An otolaryngology physician. ‘‘(c) ELIGIBILITY.—A veteran is eligible for rehabilitation and reintegration into the ‘‘(R) A dietician. care under the program developed under sub- community ‘‘(S) An ophthalmologist. section (a) if the veteran is otherwise eligi- ‘‘(a) PLAN REQUIRED.—The Secretary shall, ‘‘(T) A psychiatrist. ble to receive hospital care and medical serv- for each individual who is a veteran or mem- ‘‘(d) CASE MANAGER.—(1) The Secretary ices under section 1710 of this title and— ber of the Armed Forces who receives inpa- shall designate a case manager for each indi- ‘‘(1) served on active duty in a theater of tient or outpatient rehabilitative hospital vidual described in subsection (a) to be re- combat operations (as determined by the care or medical services provided by the De- sponsible for the implementation of the plan Secretary in consultation with the Secretary partment for a traumatic brain injury— developed for that individual under that sub- of Defense) during a period of war after the ‘‘(1) develop an individualized plan for the section and the coordination of the individ- Persian Gulf War, or in combat against a rehabilitation and reintegration of the indi- ual’s medical care. hostile force during a period of hostilities (as vidual into the community; and ‘‘(2) The Secretary shall ensure that each defined in section 1712A(a)(2)(B) of this title) ‘‘(2) provide such plan in writing to the in- case manager has specific expertise in the after November 11, 1998; dividual— care required by the individual for whom the ‘‘(2) is diagnosed as suffering from mod- ‘‘(A) in the case of an individual receiving case manager is designated, regardless of erate to severe traumatic brain injury; and inpatient care, before the individual is dis- whether the case manager obtains such ex- ‘‘(3) is unable to manage routine activities charged from inpatient care or after the indi- pertise through experience, education, or of daily living without supervision or assist- vidual’s transition from serving on active training. ance, as determined by the Secretary. duty as a member of the Armed Forces to re- ‘‘(e) PARTICIPATION AND COLLABORATION IN ‘‘(d) REPORT.—Not later than one year ceiving outpatient care provided by the De- DEVELOPMENT OF PLANS.—(1) The Secretary after the date of the enactment of this sec- partment; or shall involve each individual described in tion, and annually thereafter, the Secretary ‘‘(B) as soon as practicable following a di- subsection (a), and the family or legal guard- shall submit to the Committees on Veterans’ agnosis of traumatic brain injury by a De- ian of such individual, in the development of Affairs of the Senate and the House of Rep- partment health care provider. the plan for such individual under that sub- resentatives a report containing the fol- ‘‘(b) CONTENTS OF PLAN.—Each plan devel- section to the maximum extent practicable. lowing information: oped under subsection (a) shall include, for ‘‘(2) The Secretary shall collaborate in the ‘‘(1) A description of the operation of the the individual covered by such plan, the fol- development of a plan for an individual program. lowing: under subsection (a) with a State protection ‘‘(2) The number of veterans provided care ‘‘(1) Rehabilitation objectives for improv- and advocacy system if— under the program during the year preceding ing the physical, cognitive, and vocational ‘‘(A) the individual covered by the plan re- such report. functioning of the individual with the goal of quests such collaboration; or ‘‘(3) The cost of operating the program dur- maximizing the independence and reintegra- ‘‘(B) in the case of such an individual who ing the year preceding such report.’’. tion of such individual into the community. is incapacitated, the family or guardian of (b) CLERICAL AMENDMENT.—The table of ‘‘(2) Access, as warranted, to all appro- the individual requests such collaboration. sections at the beginning of such chapter is priate rehabilitative components of the trau- ‘‘(3) In the case of a plan required by sub- amended by inserting after the item relating matic brain injury continuum of care, and section (a) for a member of the Armed Forces to section 1710B the following new items: where appropriate, to long-term care serv- who is serving on active duty, the Secretary ‘‘1710C. Traumatic brain injury: plans for re- ices. shall collaborate with the Secretary of De- habilitation and reintegration ‘‘(3) A description of specific rehabilitative fense in the development of such plan. into the community. ‘‘(4) In developing vocational rehabilita- treatments and other services to achieve the ‘‘1710D. Traumatic brain injury: comprehen- tion objectives required under subsection objectives described in paragraph (1), which sive plan for long-term rehabili- (b)(1) and in conducting the assessment re- shall set forth the type, frequency, duration, tation.’’. quired under subsection (c), the Secretary and location of such treatments and services. SEC. 1703. USE OF NON-DEPARTMENT OF VET- shall act through the Under Secretary for ‘‘(4) The name of the case manager des- ERANS AFFAIRS FACILITIES FOR IM- Health in coordination with the Vocational ignated in accordance with subsection (d) to PLEMENTATION OF REHABILITA- Rehabilitation and Employment Service of TION AND COMMUNITY REINTEGRA- be responsible for the implementation of the Department of Veterans Affairs. TION PLANS FOR TRAUMATIC BRAIN such plan. ‘‘(f) EVALUATION.— INJURY. ‘‘(5) Dates on which the effectiveness of ‘‘(1) PERIODIC REVIEW BY SECRETARY.—The (a) IN GENERAL.—Subchapter II of chapter such plan will be reviewed in accordance Secretary shall periodically review the effec- 17 of title 38, United States Code, is amended with subsection (f). tiveness of each plan developed under sub- by inserting after section 1710D, as added by ‘‘(c) COMPREHENSIVE ASSESSMENT.—(1) section (a). The Secretary shall refine each section 1702, the following new section: Each plan developed under subsection (a) ‘‘§ 1710E. Traumatic brain injury: use of non- shall be based on a comprehensive assess- such plan as the Secretary considers appro- Department facilities for rehabilitation ment, developed in accordance with para- priate in light of such review. graph (2), of— ‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In ‘‘(a) COOPERATIVE AGREEMENTS.—The Sec- ‘‘(A) the physical, cognitive, vocational, addition to the periodic review required by retary, in implementing and carrying out a plan developed under section 1710C of this and neuropsychological and social impair- paragraph (1), the Secretary shall conduct a title, may provide hospital care and medical ments of the individual; and review of the plan for an individual under services through cooperative agreements ‘‘(B) the family education and family sup- paragraph (1) at the request of the indi- with appropriate public or private entities port needs of the individual after the indi- vidual, or in the case of an individual who is incapacitated, at the request of the guardian that have established long-term vidual is discharged from inpatient care or neurobehavioral rehabilitation and recovery at the commencement of and during the re- or designee of the individual. ‘‘(g) STATE DESIGNATED PROTECTION AND programs. ceipt of outpatient care and services. ‘‘(b) AUTHORITIES OF STATE PROTECTION ‘‘(2) The comprehensive assessment re- ADVOCACY SYSTEM DEFINED.—In this section, the term ‘State protection and advocacy sys- AND ADVOCACY SYSTEMS.—Nothing in sub- quired under paragraph (1) with respect to an title C of the Developmental Disabilities As- individual is a comprehensive assessment of tem’ means a system established in a State under subtitle C of the Developmental Dis- sistance and Bill of Rights Act of 2000 shall the matters set forth in that paragraph by a be construed as preventing a State protec- team, composed by the Secretary for pur- abilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to protect and tion and advocacy system (as defined in sec- poses of the assessment, of individuals with tion 1710C(g) of this title) from exercising expertise in traumatic brain injury, includ- advocate for the rights of persons with devel- opment disabilities. the authorities described in such subtitle ing any of the following: with respect to individuals provided rehabili- ‘‘(A) A neurologist. ‘‘§ 1710D. Traumatic brain injury: comprehen- tative treatment or services under section ‘‘(B) A rehabilitation physician. sive program for long-term rehabilitation 1710C of this title in a non-Department facil- ‘‘(C) A social worker. ‘‘(a) COMPREHENSIVE PROGRAM.—In devel- ity.’’. ‘‘(D) A neuropsychologist. oping plans for the rehabilitation and re- (b) CLERICAL AMENDMENT.—The table of ‘‘(E) A physical therapist. integration of individuals with traumatic sections at the beginning of such chapter is ‘‘(F) A vocational rehabilitation specialist. brain injury under section 1710C of this title, amended by inserting after the item relating ‘‘(G) An occupational therapist. the Secretary shall develop and carry out a to section 1710D, as added by section 1702, the ‘‘(H) A speech language pathologist. comprehensive program of long-term care for following new item: ‘‘(I) A rehabilitation nurse. post-acute traumatic brain injury rehabilita- ‘‘1710E. Traumatic brain injury: use of non- ‘‘(J) An educational therapist. tion that includes residential, community, Departmental facilities for re- ‘‘(K) An audiologist. and home-based components utilizing inter- habilitation.’’. ‘‘(L) A blind rehabilitation specialist. disciplinary treatment teams. SEC. 1704. RESEARCH, EDUCATION, AND CLIN- ‘‘(M) A recreational therapist. ‘‘(b) LOCATION OF PROGRAM.—The Secretary ICAL CARE PROGRAM ON TRAU- ‘‘(N) A low vision optometrist. shall carry out the program developed under MATIC BRAIN INJURY. ‘‘(O) An orthotist or prosthetist. subsection (a) in each Department (a) IN GENERAL.—To improve the provision ‘‘(P) An assistive technologist or rehabili- polytrauma rehabilitation center designated of health care by the Department of Vet- tation engineer. by the Secretary. erans Affairs to veterans with traumatic

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brain injuries, the Secretary of Veterans Af- tary service in the Operation Enduring Free- (f) DEFINITIONS.—In this section: fairs shall— dom and Operation Iraqi Freedom theaters of (1) The term ‘‘assisted living services’’ (1) conduct research, including— operations. means services of a facility in providing (A) research on the sequelae of mild to se- SEC. 1705. PILOT PROGRAM ON ASSISTED LIVING room, board, and personal care for and super- vere forms of traumatic brain injury; SERVICES FOR VETERANS WITH vision of residents for their health, safety, (B) research on visually-related neuro- TRAUMATIC BRAIN INJURY. and welfare. logical conditions; (a) PILOT PROGRAM.—Beginning not later (2) The term ‘‘case management services’’ (C) research on seizure disorders; than 90 days after the date of the enactment includes the coordination and facilitation of (D) research on means of improving the di- of this Act, the Secretary of Veterans Af- all services furnished to a veteran by the De- agnosis, rehabilitative treatment, and pre- fairs, in collaboration with the Defense and partment of Veterans Affairs, either directly vention of such sequelae; Veterans Brain Injury Center of the Depart- or through a contract, including assessment (E) research to determine the most effec- ment of Defense, shall carry out a five-year of needs, planning, referral (including refer- tive cognitive and physical therapies for pilot program to assess the effectiveness of ral for services to be furnished by the De- such sequelae; providing assisted living services to eligible partment, either directly or through a con- (F) research on dual diagnosis of post-trau- veterans to enhance the rehabilitation, qual- tract, or by an entity other than the Depart- matic stress disorder and traumatic brain in- ity of life, and community integration of ment), monitoring, reassessment, and fol- jury; such veterans. lowup. (G) research on improving facilities of the (b) PROGRAM LOCATIONS.— (3) The term ‘‘eligible veteran’’ means a Department concentrating on traumatic (1) IN GENERAL.—The pilot program shall be veteran who— brain injury care; and carried out at locations selected by the Sec- (A) is enrolled in the patient enrollment retary for purposes of the pilot program. Of (H) research on improving the delivery of system of the Department of Veterans Af- the locations so selected— traumatic brain injury care by the Depart- fairs under section 1705 of title 38, United (A) at least one location shall be in each ment; States Code; health care region of the Veterans Health (2) educate and train health care personnel (B) has received hospital care or medical Administration of the Department of Vet- of the Department in recognizing and treat- services provided by the Department of Vet- erans Affairs that contains a polytrauma ing traumatic brain injury; and erans Affairs for a traumatic brain injury; center of the Department of Veterans Af- (3) develop improved models and systems (C) is unable to manage routine activities fairs; and for the furnishing of traumatic brain injury of daily living without supervision and as- (B) any location other than a location de- care by the Department. sistance, as determined by the Secretary; scribed in subparagraph (A) shall be in an (b) COLLABORATION.—In carrying out re- and search under subsection (a), the Secretary of area that contains a high concentration of (D) could reasonably be expected to receive Veterans Affairs shall collaborate with— veterans with traumatic brain injuries, as ongoing services after the end of the pilot (1) facilities that conduct research on reha- determined by the Secretary. program under this section under another (2) SPECIAL CONSIDERATION FOR VETERANS IN bilitation for individuals with traumatic program of the Federal Government or RURAL AREAS.—The Secretary shall give spe- brain injury; through other means, as determined by the cial consideration to providing veterans in (2) facilities that receive grants for such Secretary. rural areas with an opportunity to partici- research from the National Institute on Dis- SEC. 1706. PROVISION OF AGE-APPROPRIATE pate in the pilot program. ability and Rehabilitation Research of the NURSING HOME CARE. (c) PROVISION OF ASSISTED LIVING SERV- Department of Education; and (a) FINDING.—Congress finds that young ICES.— (3) the Defense and Veterans Brain Injury veterans who are injured or disabled through (1) AGREEMENTS.—In carrying out the pilot military service and require long-term care Center of the Department of Defense and program, the Secretary may enter into other relevant programs of the Federal Gov- should have access to age-appropriate nurs- agreements for the provision of assisted liv- ing home care. ernment (including Centers of Excellence). ing services on behalf of eligible veterans (c) DISSEMINATION OF USEFUL INFORMA- (b) REQUIREMENT TO PROVIDE AGE-APPRO- with a provider participating under a State PRIATE NURSING HOME CARE.—Section 1710A TION.—The Under Secretary of Veterans Af- plan or waiver under title XIX of the Social fairs for Health shall ensure that informa- of title 38, United States Code, is amended— Security Act (42 U.S.C. 1396 et seq.). tion produced by the research, education and (1) by redesignating subsection (c) as sub- (2) STANDARDS.—The Secretary may not training, and clinical activities conducted section (d); and place, transfer, or admit a veteran to any fa- under this section that may be useful for (2) by inserting after subsection (b) the fol- cility for assisted living services under the other activities of the Veterans Health Ad- lowing new subsection (c): pilot program unless the Secretary deter- ministration is disseminated throughout the ‘‘(c) The Secretary shall ensure that nurs- mines that the facility meets such standards Veterans Health Administration. ing home care provided under subsection (a) as the Secretary may prescribe for purposes (d) TRAUMATIC BRAIN INJURY REGISTRY.— is provided in an age-appropriate manner.’’. of the pilot program. Such standards shall, (1) IN GENERAL.—The Secretary of Veterans SEC. 1707. EXTENSION OF PERIOD OF ELIGI- Affairs shall establish and maintain a reg- to the extent practicable, be consistent with BILITY FOR HEALTH CARE FOR VET- istry to be known as the ‘‘Traumatic Brain the standards of Federal, State, and local ERANS OF COMBAT SERVICE DUR- ING CERTAIN PERIODS OF HOS- Injury Veterans Health Registry’’ (in this agencies charged with the responsibility of licensing or otherwise regulating or inspect- TILITIES AND WAR. section referred to as the ‘‘Registry’’). ing such facilities. Subparagraph (C) of section 1710(e)(3) of (2) DESCRIPTION.—The Registry shall in- (d) CONTINUATION OF CASE MANAGEMENT title 38, United States Code, is amended to clude the following information: AND REHABILITATION SERVICES.—In carrying read as follows: (A) A list containing the name of each in- out the pilot program, the Secretary shall— ‘‘(C) in the case of care for a veteran de- dividual who served as a member of the (1) continue to provide each veteran who is scribed in paragraph (1)(D) who— Armed Forces in Operation Enduring Free- receiving assisted living services under the ‘‘(i) is discharged or released from the ac- dom or Operation Iraqi Freedom who exhib- pilot program with rehabilitative services; tive military, naval, or air service after the its symptoms associated with traumatic and date that is five years before the date of the brain injury, as determined by the Secretary (2) designate employees of the Veterans enactment of the National Defense Author- of Veterans Affairs, and who— Health Administration of the Department of ization Act for Fiscal Year 2008, after a pe- (i) applies for care and services furnished Veterans Affairs to furnish case management riod of five years beginning on the date of by the Department of Veterans Affairs under services for veterans participating in the such discharge or release; or chapter 17 of title 38, United States Code; or pilot program. ‘‘(ii) is so discharged or released more than (ii) files a claim for compensation under (e) REPORT.— five years before the date of the enactment chapter 11 of such title on the basis of any (1) IN GENERAL.—Not later than 60 days of that Act and who did not enroll in the pa- disability which may be associated with such after the completion of the pilot program, tient enrollment system under section 1705 service. the Secretary shall submit to the Commit- of this title before such date, after a period (B) Any relevant medical data relating to tees on Veterans’ Affairs of the Senate and of three years beginning on the date of the the health status of an individual described House of Representatives a report on the enactment of that Act; and’’. in subparagraph (A) and any other informa- pilot program. SEC. 1708. SERVICE-CONNECTION AND ASSESS- tion the Secretary considers relevant and ap- (2) CONTENTS.—The report required by MENTS FOR MENTAL HEALTH CON- propriate with respect to such an individual paragraph (1) shall include the following: DITIONS IN VETERANS. if the individual— (A) A description of the pilot program. (a) PRESUMPTION OF SERVICE-CONNECTION (i) grants permission to the Secretary to (B) An assessment of the utility of the ac- FOR MENTAL ILLNESS IN PERSIAN GULF WAR include such information in the Registry; or tivities under the pilot program in enhanc- VETERANS.— (ii) is deceased at the time such individual ing the rehabilitation, quality of life, and (1) IN GENERAL.—Section 1702 of title 38, is listed in the Registry. community reintegration of veterans with United States Code, is amended— (3) NOTIFICATION.—When possible, the Sec- traumatic brain injury. (A) by inserting ‘‘(a) PSYCHOSIS.—’’ before retary shall notify each individual listed in (C) Such recommendations as the Sec- ‘‘For the purposes’’; and the Registry of significant developments in retary considers appropriate regarding the (B) by adding at the end the following new research on the health consequences of mili- extension or expansion of the pilot program. subsection:

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‘‘(b) MENTAL ILLNESS.—For purposes of this ices, and benefits counseling to veterans, and ‘‘(1) are recommended for such appoint- chapter, any veteran of the Persian Gulf War to the spouses, children, and parents of vet- ment by their respective Governors or, in the who develops an active mental illness (other erans who may be eligible to receive benefits case of the District of Columbia, the com- than psychosis) shall be deemed to have in- under the laws administered by the Sec- manding general of the District of Columbia curred such disability in the active military, retary, to ensure that such individuals are National Guard; naval, or air service if such veteran develops fully informed about, and receive assistance ‘‘(2) are recommended for such appoint- such disability— in applying for, such benefits;’’. ment by the Secretary of the Army or the ‘‘(1) within two years after discharge or re- SEC. 1711. DESIGNATION OF FIDUCIARY OR Secretary of the Air Force; lease from the active military, naval, or air TRUSTEE FOR PURPOSES OF TRAU- ‘‘(3) have had at least 10 years of federally service; and MATIC SERVICEMEMBERS’ GROUP recognized commissioned service in an active ‘‘(2) before the end of the two-year period LIFE INSURANCE. status in the National Guard; beginning on the last day of the Persian Gulf Section 1980A of title 38, United States ‘‘(4) are in a grade above the grade of briga- War.’’. Code, is amended by adding at the end the dier general; (2) HEADING AMENDMENT.—The heading of following new subsection: ‘‘(5) are determined by the Chairman of the such section is amended to read as follows: ‘‘(k) DESIGNATION OF FIDUCIARY OR TRUST- Joint Chiefs of Staff, in accordance with cri- EE.—(1) The Secretary concerned, in con- teria and as a result of a process established ‘‘§ 1702. Presumptions: psychosis after service sultation with the Secretary, shall develop a in World War II and following periods of by the Chairman, to have significant joint process for the designation of a fiduciary or duty experience; war; mental illness after service in the Per- trustee of a member of the uniformed serv- sian Gulf War’’. ‘‘(6) are determined by the Secretary of De- ices who is insured against traumatic injury fense to have successfully completed such (3) CLERICAL AMENDMENT.—The table of under this section. The fiduciary or trustee other assignments and experiences so as to sections at the beginning of chapter 17 of so designated would receive a payment for a such title is amended by striking the item possess a detailed understanding of the sta- qualifying loss under this section if the tus and capabilities of National Guard forces relating to section 1702 and inserting the fol- member is medically incapacitated (as deter- lowing new item: and the missions of the National Guard Bu- mined pursuant to regulations prescribed by reau as set forth in section 10503 of this title; ‘‘1702. Presumptions: psychosis after service the Secretary concerned in consultation ‘‘(7) have a level of operational experience in World War II and following with the Secretary) or experiencing an ex- in a position of significant responsibility, periods of war; mental illness tended loss of consciousness. professional military education, and dem- following service in the Persian ‘‘(2) The process under paragraph (1) may onstrated expertise in national defense and Gulf War.’’. require each member of the uniformed serv- homeland defense matters that are commen- (b) PROVISION OF MENTAL HEALTH ASSESS- ices who is insured under this section to— surate with the advisory role of the Chief of MENTS FOR CERTAIN VETERANS.—Section ‘‘(A) designate an individual as the mem- the National Guard Bureau; and 1712A(a) of such title is amended— ber’s fiduciary or trustee for purposes of sub- ‘‘(8) possess such other qualifications as (1) in paragraph (1)(B), by adding at the section (a); or the Secretary of Defense shall prescribe for end the following new clause: ‘‘(B) elect that a court of proper jurisdic- purposes of this section.’’. tion designate an individual as the member’s ‘‘(iii) Any veteran who served on active (b) GRADE.—Subsection (d) of such section duty— fiduciary or trustee for purposes of sub- is amended by striking ‘‘lieutenant general’’ ‘‘(I) in a theater of combat operations (as section (a) in the event that the member be- and inserting ‘‘general’’. determined by the Secretary in consultation comes medically incapacitated or experi- (c) REPEAL OF AGE 64 LIMITATION ON SERV- with the Secretary of Defense) during a pe- ences an extended loss of consciousness.’’. ICE.—Subsection (b) of such section is riod of war after the Persian Gulf War; or TITLE XVIII—NATIONAL GUARD BUREAU amended by striking ‘‘An officer may not ‘‘(II) in combat against a hostile force dur- MATTERS AND RELATED MATTERS hold that office after becoming 64 years of ing a period of hostilities (as defined in para- Sec. 1801. Short title. age.’’. graph (2)(B)) after November 11, 1998.’’; and Subtitle A—National Guard Bureau (d) ADVISORY DUTIES.—Subsection (c) of (2) by adding at the end the following new Sec. 1811. Appointment, grade, duties, and such section is amended to read as follows: paragraph: retirement of the Chief of the ‘‘(c) ADVISOR ON NATIONAL GUARD MAT- ‘‘(3) Upon request of a veteran described in National Guard Bureau. TERS.—The Chief of the National Guard Bu- paragraph (1)(B)(iii), the Secretary shall pro- Sec. 1812. Establishment of National Guard reau is— vide the veteran a preliminary general men- Bureau as joint activity of the ‘‘(1) a principal advisor to the Secretary of tal health assessment as soon as practicable Department of Defense. Defense, through the Chairman of the Joint after receiving the request, but not later Sec. 1813. Enhancement of functions of the Chiefs of Staff, on matters involving non-fed- than 30 days after receiving the request.’’. National Guard Bureau. eralized National Guard forces and on other SEC. 1709. MODIFICATION OF REQUIREMENTS Sec. 1814. Requirement for Secretary of De- matters as determined by the Secretary of FOR FURNISHING OUTPATIENT DEN- fense to prepare plan for re- Defense; and TAL SERVICES TO VETERANS WITH sponse to natural disasters and ‘‘(2) the principal adviser to the Secretary SERVICE-CONNECTED DENTAL CON- of the Army and the Chief of Staff of the DITIONS OR DISABILITIES. terrorist events. Army, and to the Secretary of the Air Force Section 1712(a)(1)(B)(iii) of title 38, United Sec. 1815. Determination of Department of and the Chief of Staff of the Air Force, on States Code, is amended— Defense civil support require- matters relating to the National Guard, the (1) by striking ‘‘90 days after such dis- ments. Army National Guard of the United States, charge’’ and inserting ‘‘180 days after such Subtitle B—Additional Reserve Component and the Air National Guard of the United discharge’’; Enhancement States.’’. (2) by striking ‘‘90 days from the date of Sec. 1821. United States Northern Command. such veteran’s subsequent discharge’’ and in- Sec. 1822. Council of Governors. SEC. 1812. ESTABLISHMENT OF NATIONAL GUARD Sec. 1823. Plan for Reserve Forces Policy BUREAU AS JOINT ACTIVITY OF THE serting ‘‘180 days from the date of such vet- DEPARTMENT OF DEFENSE. eran’s subsequent discharge’’; and Board. (a) JOINT ACTIVITY OF THE DEPARTMENT OF (3) by striking ‘‘90 days after the date of Sec. 1824. High-level positions authorized or required to be held by reserve DEFENSE.—Subsection (a) of section 10501 of correction’’ and inserting ‘‘180 days after the title 10, United States Code, is amended by date of correction’’. component general or flag offi- cers. striking ‘‘joint bureau of the Department of SEC. 1710. CLARIFICATION OF PURPOSE OF OUT- Sec. 1825. Retirement age and years of serv- the Army and the Department of the Air REACH SERVICES PROGRAM OF DE- Force’’ and inserting ‘‘joint activity of the PARTMENT OF VETERANS AFFAIRS. ice limitations on certain re- Department of Defense’’. (a) CLARIFICATION OF INCLUSION OF MEM- serve general and flag officers. (b) JOINT MANPOWER REQUIREMENTS.— BERS OF THE NATIONAL GUARD AND RESERVE Sec. 1826. Additional reporting requirements (1) IN GENERAL.—Chapter 1011 of such title IN PROGRAM.—Subsection (a)(1) of section relating to National Guard is amended by adding at the end the fol- 6301 of title 38, United States Code, is amend- equipment. lowing new section: ed by inserting ‘‘, or from a reserve compo- SEC. 1801. SHORT TITLE. nent,’’ after ‘‘active military, naval, or air This title may be cited as the ‘‘National ‘‘§ 10508. National Guard Bureau: general pro- service’’. Guard Empowerment Act of 2007’’. visions (b) DEFINITION OF OUTREACH.—Subsection Subtitle A—National Guard Bureau ‘‘The manpower requirements of the Na- (b) of such section is amended— SEC. 1811. APPOINTMENT, GRADE, DUTIES, AND tional Guard Bureau as a joint activity of (1) by redesignating paragraphs (1) and (2) RETIREMENT OF THE CHIEF OF THE the Department of Defense shall be deter- as paragraphs (2) and (3), respectively; and NATIONAL GUARD BUREAU. mined in accordance with regulations pre- (2) by inserting before paragraph (2) the (a) APPOINTMENT.—Subsection (a) of sec- scribed by the Secretary of Defense, in con- following new paragraph (1): tion 10502 of title 10, United States Code, is sultation with the Chairman of the Joint ‘‘(1) the term ‘outreach’ means the act or amended by striking paragraphs (1) through Chiefs of Staff.’’. process of reaching out in a systematic man- (3) and inserting the following new para- (2) CLERICAL AMENDMENT.—The table of ner to proactively provide information, serv- graphs: sections at the beginning of such chapter is

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amended by adding at the end the following (2) UPDATE.—Not later than June 1, 2010, (2) TERM OF PLAN.—The plan required new item: the Secretary, in consultation with the per- under paragraph (1) shall cover at least five ‘‘10508. National Guard Bureau: general pro- sons consulted under paragraph (1), shall years. visions.’’. submit to Congress an update of the plan re- (c) BUDGET.—The Secretary of Defense SEC. 1813. ENHANCEMENT OF FUNCTIONS OF quired under paragraph (1). shall include in the materials accompanying THE NATIONAL GUARD BUREAU. (b) INFORMATION TO BE PROVIDED TO SEC- the budget submitted for each fiscal year a (a) ADDITIONAL GENERAL FUNCTIONS.—Sec- RETARY.—To assist the Secretary of Defense request for funds necessary to carry out the tion 10503 of title 10, United States Code, is in preparing the plan, the National Guard plan required under subsection (b) during the amended— Bureau, pursuant to its purpose as channel of fiscal year covered by the budget. The de- (1) by redesignating paragraph (12) as para- communications as set forth in section fense budget materials shall delineate and graph (14) and inserting before such para- 10501(b) of title 10, United States Code, shall explain the budget treatment of the plan for graph (14) the following new paragraph (13): provide to the Secretary information gath- each component of each military depart- ‘‘(13)(A) Assisting the Secretary of Defense ered from Governors, adjutants general of ment, each combatant command, and each in facilitating and coordinating with the en- States, and other State civil authorities re- affected Defense Agency. tities listed in subparagraph (B) the use of sponsible for homeland preparation and re- (d) DEFINITIONS.—In this section: National Guard personnel and resources for sponse to natural and man-made disasters. (1) The term ‘‘military-unique capabili- operations conducted under title 32, or in (c) TWO VERSIONS.—The plan shall set forth ties’’ means those capabilities that, in the support of State missions. two versions of response, one using only view of the Secretary of Defense— ‘‘(B) The entities listed in this subpara- members of the National Guard, and one (A) cannot be provided by other Federal, using both members of the National Guard graph for purposes of subparagraph (A) are State, or local civilian agencies; and and members of the regular components of the following: (B) are essential to provide support to civil the Armed Forces. ‘‘(i) Other Federal agencies. authorities in an incident of national signifi- (d) MATTERS COVERED.—The plan shall ‘‘(ii) The Adjutants General of the States. cance or a catastrophic incident. cover, at a minimum, the following: (2) The term ‘‘defense budget materials’’, ‘‘(iii) The United States Joint Forces Com- (1) Protocols for the Department of De- mand. with respect to a fiscal year, means the ma- fense, the National Guard Bureau, and the terials submitted to Congress by the Sec- ‘‘(iv) The combatant command the geo- Governors of the several States to carry out graphic area of responsibility of which in- retary of Defense in support of the budget for operations in coordination with each other that fiscal year. cludes the United States.’’; and to ensure that Governors and local com- (2) by redesignating paragraphs (2) through (e) STRATEGIC PLANNING GUIDANCE.—Sec- munities are properly informed and remain tion 113(g)(2) of title 10, United States Code, (11) as paragraphs (3) through (12), respec- in control in their respective States and tively; and is amended by striking ‘‘contingency plans’’ communities. at the end of the first sentence and inserting (3) by inserting after paragraph (1) the fol- (2) An identification of operational proce- lowing new paragraph (2): the following: ‘‘contingency plans, including dures, command structures, and lines of plans for providing support to civil authori- ‘‘(2) The role of the National Guard Bureau communication to ensure a coordinated, effi- in support of the Secretary of the Army and ties in an incident of national significance or cient response to contingencies. a catastrophic incident, for homeland de- the Secretary of the Air Force.’’. (3) An identification of the training and (b) CHARTER DEVELOPED AND PRESCRIBED fense, and for military support to civil au- equipment needed for both National Guard BY SECRETARY OF DEFENSE.—Section 10503 of thorities’’. personnel and members of the Armed Forces such title is further amended— Subtitle B—Additional Reserve Component on active duty to provide military assistance (1) in the matter preceding paragraph (1)— Enhancement to civil authorities and for other domestic (A) by striking ‘‘The Secretary of the operations to respond to hazards identified SEC. 1821. UNITED STATES NORTHERN COM- Army and the Secretary of the Air Force in the national planning scenarios. MAND. shall jointly develop’’ and inserting ‘‘The (a) MANPOWER REVIEW.— (e) NATIONAL PLANNING SCENARIOS.—The Secretary of Defense, in consultation with plan shall provide for response to the fol- (1) REVIEW BY CHAIRMAN OF THE JOINT the Chairman of the Joint Chiefs of Staff, lowing hazards: CHIEFS OF STAFF.—Not later than one year the Secretary of the Army, and the Sec- (1) Nuclear detonation, biological attack, after the date of the enactment of this Act, retary of the Air Force, shall develop’’; and biological disease outbreak/pandemic flu, the the Chairman of the Joint Chiefs of Staff (B) by striking ‘‘cover’’ in the second sen- plague, chemical attack-blister agent, chem- shall submit to the Secretary of Defense a tence and inserting ‘‘reflect the full scope of ical attack-toxic industrial chemicals, chem- review of the civilian and military positions, the duties and activities of the Bureau, in- ical attack-nerve agent, chemical attack- job descriptions, and assignments within the cluding’’; and chlorine tank explosion, major hurricane, United States Northern Command with the (2) in paragraph (14), as redesignated by major earthquake, radiological attack-radio- goal of determining the feasibility of signifi- subsection (a)(1), by striking ‘‘the Secre- logical dispersal device, explosives attack- cantly increasing the number of members of taries’’ and inserting ‘‘the Secretary of De- bombing using improvised explosive device, a reserve component assigned to, and civil- fense’’. biological attack-food contamination, bio- ians employed by, the United States North- (c) CONFORMING AND CLERICAL AMEND- logical attack-foreign animal disease and ern Command who have experience in the MENTS.— cyber attack. planning, training, and employment of forces (1) CONFORMING AMENDMENT.—The heading (2) Any other hazards identified in a na- for homeland defense missions, domestic of section 10503 of such title is amended to emergency response, and providing military read as follows: tional planning scenario developed by the Homeland Security Council. support to civil authorities. ‘‘§ 10503. Functions of National Guard Bu- SEC. 1815. DETERMINATION OF DEPARTMENT OF (2) SUBMISSION OF RESULTS OF REVIEW.—Not reau: charter’’. DEFENSE CIVIL SUPPORT REQUIRE- later than 90 days after the date on which (2) CLERICAL AMENDMENT.—The table of MENTS. the Secretary of Defense receives the results sections at the beginning of chapter 1011 of (a) DETERMINATION OF REQUIREMENTS.—The of the review under paragraph (1), the Sec- such title is amended by striking the item Secretary of Defense, in consultation with retary shall submit to Congress a copy of the relating to section 10503 and inserting the the Secretary of Homeland Security, shall results of the review, together with such rec- following new item: determine the military-unique capabilities ommendations as the Secretary considers ap- ‘‘10503. Functions of National Guard Bureau: needed to be provided by the Department of propriate to achieve the objectives of the re- charter.’’. Defense to support civil authorities in an in- view. SEC. 1814. REQUIREMENT FOR SECRETARY OF cident of national significance or a cata- (b) DEFINITION.—In this section, the term DEFENSE TO PREPARE PLAN FOR strophic incident. ‘‘United States Northern Command’’ means RESPONSE TO NATURAL DISASTERS (b) PLAN FOR FUNDING CAPABILITIES.— the combatant command the geographic area AND TERRORIST EVENTS. (1) PLAN.—The Secretary of Defense shall of responsibility of which includes the (a) REQUIREMENT FOR PLAN.— develop and implement a plan, in coordina- United States. (1) IN GENERAL.—Not later than June 1, tion with the Secretaries of the military de- SEC. 1822. COUNCIL OF GOVERNORS. 2008, the Secretary of Defense, in consulta- partments and the Chairman of the Joint The President shall establish a bipartisan tion with the Secretary of Homeland Secu- Chiefs of Staff, for providing the funds and Council of Governors to advise the Secretary rity, the Chairman of the Joint Chiefs of resources necessary to develop and maintain of Defense, the Secretary of Homeland Secu- Staff, the commander of the United States the following: rity, and the White House Homeland Secu- Northern Command, and the Chief of the Na- (A) The military-unique capabilities deter- rity Council on matters related to the Na- tional Guard Bureau, shall prepare and sub- mined under subsection (a). tional Guard and civil support missions. mit to Congress a plan for coordinating the (B) Any additional capabilities determined SEC. 1823. PLAN FOR RESERVE FORCES POLICY use of the National Guard and members of by the Secretary to be necessary to support BOARD. the Armed Forces on active duty when re- the use of the active components and the re- (a) PLAN.—The Secretary of Defense shall sponding to natural disasters, acts of ter- serve components of the Armed Forces for develop a plan to implement revisions that rorism, and other man-made disasters as homeland defense missions, domestic emer- the Secretary determines necessary in the identified in the national planning scenarios gency responses, and providing military sup- designation, organization, membership, func- described in subsection (e). port to civil authorities. tions, procedures, and legislative framework

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The ‘‘(2) by the Secretary of Defense, but such ‘‘(2) A certification from the Chief of the plan— a deferment may not extend beyond the first National Guard Bureau setting forth an in- (1) shall be consistent with the findings, day of the month following the month in ventory for the preceding fiscal year of each conclusions, and recommendations included which the officer becomes 66 years of age. item of equipment— in Part III E of the Report of the Commis- ‘‘(c) EXCEPTION FOR OFFICERS HOLDING CER- ‘‘(A) for which funds were appropriated; sion on the National Guard and Reserves of TAIN OFFICES.—This section does not apply ‘‘(B) which was due to be procured for the March 1, 2007; and to an officer covered by section 14512 of this National Guard during that fiscal year; and (2) to the extent possible, shall take into title.’’. ‘‘(C) which has not been received by a Na- account the views and recommendations of (2) CLERICAL AMENDMENT.—The table of tional Guard unit as of the close of that fis- civilian and military leaders, past chairmen sections at the beginning of chapter 1407 of cal year.’’. of the Reserve Forces Policy Board, private such title is amended by striking the item DIVISION B—MILITARY CONSTRUCTION organizations with expertise and interest in relating to section 14511 and inserting the AUTHORIZATIONS Department of Defense organization, and following new item: other individuals or groups in the discretion ‘‘14511. Separation at age 64: officers in grade SEC. 2001. SHORT TITLE. of the Secretary. of major general or rear admi- This division may be cited as the ‘‘Military (b) REPORT.—Not later than July 1, 2008, ral and above.’’. Construction Authorization Act for Fiscal the Secretary of Defense shall submit to the (b) CONFORMING AMENDMENTS AND RESERVE Year 2008’’. Committees on Armed Services of the Senate OFFICERS HOLDING CERTAIN OTHER OFFICES.— SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND and the House of Representatives a report on Section 14512 of such title is amended— AMOUNTS REQUIRED TO BE SPECI- the plan developed under subsection (a), in- (1) in subsection (a)(2)— FIED BY LAW. cluding such recommendations for legisla- (A) by striking subparagraph (A); and (a) EXPIRATION OF AUTHORIZATIONS AFTER tion as the Secretary considers necessary. (B) by redesignating subparagraphs (B), THREE YEARS.—Except as provided in sub- SEC. 1824. HIGH-LEVEL POSITIONS AUTHORIZED (C), and (D) as subparagraphs (A), (B), and section (b), all authorizations contained in OR REQUIRED TO BE HELD BY RE- SERVE COMPONENT GENERAL OR (C), respectively; and titles XXI through XXVII and in title XXIX FLAG OFFICERS. (2) in subsection (b)— for military construction projects, land ac- (a) SENSE OF CONGRESS.—It is the sense of (A) by inserting ‘‘(1)’’ before ‘‘The Sec- quisition, family housing projects and facili- Congress that, whenever officers of the retary’’; and ties, and contributions to the North Atlantic Armed Forces are considered for promotion (B) by adding at the end the following new Treaty Organization Security Investment to the grade of lieutenant general, or vice paragraph: Program (and authorizations of appropria- admiral in the case of the Navy, on the ac- ‘‘(2) The Secretary of Defense may defer tions therefor) shall expire on the later of— tive duty list, officers in the reserve compo- the retirement of a reserve officer serving in (1) October 1, 2010; or nents of the Armed Forces who are eligible the position of Chief of the Navy Reserve or (2) the date of the enactment of an Act au- for promotion to such grade should be con- Commander of the Marine Forces Reserve, thorizing funds for military construction for sidered for promotion to such grade. but such deferment may not extend beyond fiscal year 2011. (b) NATIONAL GUARD OFFICER AS DEPUTY the first day of the month following the (b) EXCEPTION.—Subsection (a) shall not COMMANDER OF UNITED STATES NORTHERN month in which the officer becomes 66 years apply to authorizations for military con- COMMAND.—Section 164(e) of title 10, United of age. A deferment under this paragraph struction projects, land acquisition, family States Code, is amended by adding at the end shall not count toward the limitation on the housing projects and facilities, and contribu- the following new paragraph: total number of officers whose retirement tions to the North Atlantic Treaty Organiza- ‘‘(4) At least one deputy commander of the may be deferred at any one time under para- tion Security Investment Program (and au- combatant command the geographic area of graph (1).’’. thorizations of appropriations therefor), for responsibility of which includes the United (c) IMPOSITION OF YEARS OF SERVICE LIMI- which appropriated funds have been obli- States shall be a qualified officer of the Na- TATION.— gated before the later of— tional Guard who is eligible for promotion to (1) IMPOSITION OF LIMITATION.—Section (1) October 1, 2010; or the grade of O–9, unless a National Guard of- 14508 of such title is amended by inserting (2) the date of the enactment of an Act au- ficer is serving as commander of that com- after subsection (c), as added by section 513, thorizing funds for fiscal year 2011 for mili- batant command.’’. the following new subsection: tary construction projects, land acquisition, (c) INCREASE IN NUMBER OF UNIFIED AND ‘‘(d) FORTY YEARS OF SERVICE FOR GEN- family housing projects and facilities, or SPECIFIED COMBATANT COMMAND POSITIONS ERALS AND ADMIRALS.—Unless retired, trans- contributions to the North Atlantic Treaty FOR RESERVE COMPONENT OFFICERS.—Section ferred to the Retired Reserve, or discharged Organization Security Investment Program. 526(b)(2)(A) of such title is amended by strik- at an earlier date, each reserve officer of the ing ‘‘10 general and flag officer positions on Army, Air Force, or Marine Corps in the TITLE XXI—ARMY the staffs of the commanders of’’ and insert- grade of general and each reserve officer of Sec. 2101. Authorized Army construction ing ‘‘15 general and flag officer positions in’’. the Navy in the grade of admiral shall be and land acquisition projects. SEC. 1825. RETIREMENT AGE AND YEARS OF separated in accordance with section 14514 of Sec. 2102. Family housing. SERVICE LIMITATIONS ON CERTAIN this title on the first day of the first month Sec. 2103. Improvements to military family RESERVE GENERAL AND FLAG OFFI- beginning after the date of the fifth anniver- housing units. CERS. sary of the officer’s appointment to that (a) RETIREMENT FOR AGE.— grade or 30 days after the date on which the Sec. 2104. Authorization of appropriations, (1) INCLUSION OF RESERVE GENERALS AND officer completes 40 years of commissioned Army. ADMIRALS.—Section 14511 of title 10, United service, whichever is later.’’. Sec. 2105. Termination of authority to carry States Code, is amended to read as follows: (2) CONFORMING AMENDMENTS.—Subsection out fiscal year 2007 Army ‘‘§ 14511. Separation at age 64: officers in (b) of section 10502 of such title, as amended projects for which funds were grade of major general or rear admiral and by section 1811, is further amended— not appropriated. above (A) by inserting ‘‘(1)’’ before the first sen- Sec. 2106. Technical amendments to Mili- ‘‘(a) SEPARATION REQUIRED.—Unless re- tence; and tary Construction Authoriza- tired, transferred to the Retired Reserve, or (B) by striking ‘‘While holding that office’’ tion Act for Fiscal Year 2007. discharged at an earlier date, each reserve and inserting the following: Sec. 2107. Modification of authority to carry officer of the Army, Air Force, or Marine ‘‘(2) Except as provided in section 14508(d) out certain fiscal year 2006 Corps in the grade of major general or above of this title, while holding the office of Chief project. and each reserve officer of the Navy in the of the National Guard Bureau’’. Sec. 2108. Extension of authorization of cer- grade of rear admiral or above shall be sepa- SEC. 1826. ADDITIONAL REPORTING REQUIRE- tain fiscal year 2005 project. rated in accordance with section 14515 of this MENTS RELATING TO NATIONAL Sec. 2109. Ground lease, SOUTHCOM head- title on the last day of the month in which GUARD EQUIPMENT. quarters facility, Miami-Doral, the officer becomes 64 years of age. Section 10541 of title 10, United States Florida. ‘‘(b) EXCEPTION FOR OFFICERS SERVING IN Code, is amended by adding at the end the O–9 AND O–10 POSITIONS.—The retirement of a following new subsection: SEC. 2101. AUTHORIZED ARMY CONSTRUCTION reserve officer of the Army, Air Force, or ‘‘(d) Each report under this section con- AND LAND ACQUISITION PROJECTS. Marine Corps in the grade of lieutenant gen- cerning equipment of the National Guard (a) INSIDE THE UNITED STATES.—Using eral or general, or a reserve officer of the shall also include the following: amounts appropriated pursuant to the au- Navy in the grade of vice admiral or admiral, ‘‘(1) A statement of the accuracy of the thorization of appropriations in section under subsection (a) may be deferred— projections required by subsection (b)(5)(D) 2104(a)(1), the Secretary of the Army may ac- ‘‘(1) by the President, but such a deferment contained in earlier reports under this sec- quire real property and carry out military may not extend beyond the first day of the tion, and an explanation, if the projection construction projects for the installations or month following the month in which the offi- was not met, of why the projection was not locations inside the United States, and in cer becomes 68 years of age; or met. the amounts, set forth in the following table:

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00197 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.074 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H224 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Army: Inside the United States

State Installation or Location Amount

Alabama ...... Anniston Army Depot ...... $26,000,000 Redstone Arsenal ...... $22,000,000 Alaska ...... Fort Richardson ...... $92,800,000 Fort Wainwright ...... $114,500,000 Arizona ...... Fort Huachuca ...... $129,600,000 California ...... Fort Irwin ...... $24,000,000 Presidio, Monterey ...... $28,000,000 Colorado ...... Fort Carson ...... $156,200,000 Delaware ...... Dover Air Force Base ...... $17,500,000 Florida ...... Miami Doral ...... $237,000,000 Georgia ...... Fort Benning ...... $189,500,000 Fort Stewart/Hunter Army Air Field ...... $123,500,000 Hawaii ...... Fort Shafter ...... $31,000,000 Kahuku Training Area ...... $10,200,000 Schofield Barracks ...... $88,000,000 Wheeler Army Air Field ...... $51,000,000 Illinois ...... Rock Island Arsenal ...... $3,350,000 Kansas ...... Fort Leavenworth ...... $102,400,000 Fort Riley ...... $140,200,000 Kentucky ...... Fort Campbell ...... $113,600,000 Fort Knox ...... $6,700,000 Louisiana ...... Fort Polk ...... $15,900,000 Maryland ...... Aberdeen Proving Ground ...... $12,200,000 Michigan ...... Detroit Arsenal ...... $18,500,000 Missouri ...... Fort Leonard Wood ...... $136,050,000 Nevada ...... Hawthorne Army Ammunition Plant ...... $11,800,000 New Jersey ...... Picatinny Arsenal ...... $9,900,000 New Mexico ...... White Sands Missile Range ...... $71,000,000 New York ...... Fort Drum ...... $311,200,000 North Carolina ...... Fort Bragg ...... $287,200,000 Oklahoma ...... Fort Sill ...... $7,500,000 South Carolina ...... Fort Jackson ...... $85,000,000 Texas ...... Camp Bullis ...... $1,600,000 Corpus Christi ...... $11,200,000 Fort Bliss ...... $118,400,000 Fort Hood ...... $163,400,000 Fort Sam Houston ...... $19,150,000 Red River Army Depot ...... $9,200,000 Virginia ...... Fort Belvoir ...... $13,000,000 Fort Eustis ...... $75,000,000 Fort Lee ...... $22,600,000 Fort Myer ...... $20,800,000 Washington ...... Fort Lewis ...... $178,500,000 Yakima Training Center ...... $29,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or Location Amount

Afghanistan ...... Afghanistan ...... $13,800,000 Bulgaria ...... Nevo Selo FOS ...... $61,000,000 Germany ...... Grafenwoehr ...... $62,000,000 Honduras ...... Various locations ...... $2,550,000 Italy ...... Aviano ...... $12,100,000 Vicenza ...... $160,900,000 Korea ...... Camp Humphreys ...... $57,000,000 Romania ...... Mihail Kogalniceanu FOS ...... $12,600,000

SEC. 2102. FAMILY HOUSING. 2104(a)(5)(A), the Secretary of the Army may facilities) at the installations or locations, (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units in the number of units, and in the amounts amounts appropriated pursuant to the au- (including land acquisition and supporting set forth in the following table: thorization of appropriations in section

Army: Family Housing

State or Country Installation or Location Units Amount

Utah ...... Dugway Proving Ground ...... 28 ...... $5,000,000 Germany ...... Ansbach ...... 138 ...... $52,000,000

(b) PLANNING AND DESIGN.—Using amounts housing units in an amount not to exceed tions in section 2104(a)(5)(A), the Secretary appropriated pursuant to the authorization $2,000,000. of the Army may improve existing military of appropriations in section 2104(a)(5)(A), the SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY family housing units in an amount not to ex- Secretary of the Army may carry out archi- HOUSING UNITS. ceed $365,400,000. tectural and engineering services and con- Subject to section 2825 of title 10, United struction design activities with respect to States Code, and using amounts appropriated the construction or improvement of family pursuant to the authorization of appropria-

VerDate Aug 31 2005 05:40 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00198 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.074 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H225 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, tion of a brigade complex operations support (18) by striking the item relating to Fort ARMY. facility at Vicenza, Italy). Bliss, Texas; (a) AUTHORIZATION OF APPROPRIATIONS.— (4) $63,500,000 (the balance of the amount (19) in the item relating to Fort Hood, Funds are hereby authorized to be appro- authorized under section 2101(b) for construc- Texas, by striking ‘‘$93,000,000’’ in the priated for fiscal years beginning after Sep- tion of a brigade complex barracks and com- amount column and inserting ‘‘$75,000,000’’; tember 30, 2007, for military construction, munity support facility at Vicenza, Italy). (20) by striking the item relating to Red land acquisition, and military family hous- SEC. 2105. TERMINATION OF AUTHORITY TO River Depot, Texas; and ing functions of the Department of the Army CARRY OUT FISCAL YEAR 2007 ARMY (21) by striking the item relating to Fort in the total amount of $5,106,703,000 as fol- PROJECTS FOR WHICH FUNDS WERE Lee, Virginia. lows: NOT APPROPRIATED. (b) CONFORMING AMENDMENTS.—Section (1) For military construction projects in- (a) TERMINATION OF INSIDE THE UNITED side the United States authorized by section STATES PROJECTS.—The table in section 2104(a) of such Act (120 Stat. 2447) is amend- 2101(a), $3,198,150,000. 2101(a) of the Military Construction Author- ed— (2) For military construction projects out- ization Act for Fiscal Year 2007 (division B of (1) in the matter preceding paragraph (1), side the United States authorized by section Public Law 109–364; 120 Stat. 2445), as amend- by striking ‘‘$3,518,450,000’’ and inserting 2101(b), $254,950,000. ed by section 20814 of the Continuing Appro- ‘‘$3,275,700,000’’; and (3) For unspecified minor military con- priations Resolution, 2007 (division B of Pub- (2) in paragraph (1), by striking struction projects authorized by section 2805 lic Law 109–289), as added by section 2 of the ‘‘$1,362,200,000’’ and inserting ‘‘$1,119,450,000’’. of title 10, United States Code, $25,900,000. Revised Continuing Appropriations Resolu- SEC. 2106. TECHNICAL AMENDMENTS TO MILI- (4) For architectural and engineering serv- tion, 2007 (Public Law 110–5), is further TARY CONSTRUCTION AUTHORIZA- ices and construction design under section amended— TION ACT FOR FISCAL YEAR 2007. 2807 of title 10, United States Code, (1) by striking the item relating to Red- (a) LOCATION OF PROJECT IN ROMANIA.—The $321,983,000. stone Arsenal, Alabama; table in section 2101(b) of the Military Con- (5) For military family housing functions: (2) by striking the item relating to Fort struction Authorization Act for 2007 (divi- (A) For construction and acquisition, plan- Wainwright, Alaska; sion B of Public Law 109–364; 120 Stat. 2446) is ning and design, and improvement of mili- (3) in the item relating to Fort Irwin, Cali- amended by striking ‘‘Babadag Range’’ and tary family housing and facilities, fornia, by striking ‘‘$18,200,000’’ in the inserting ‘‘Mihail Kogalniceanu Air Base’’. $424,400,000. amount column and inserting ‘‘$10,000,000’’; (b) SPELLING ERROR RELATING TO ARMY (B) For support of military family housing (4) in the item relating to Fort Carson, FAMILY HOUSING.—The table in section (including the functions described in section Colorado, by striking ‘‘$30,800,000’’ in the 2102(a) of the Military Construction Author- 2833 of title 10, United States Code), amount column and inserting ‘‘$24,000,000’’; ization Act for 2007 (division B of Public Law $731,920,000. (5) in the item relating to Fort Leaven- 109–364; 120 Stat. 2446) is amended by striking (6) For the construction of increment 2 of worth, Kansas, by striking ‘‘$23,200,000’’ in ‘‘Fort McCoyine’’ and inserting ‘‘Fort a barracks complex at Fort Lewis, Wash- the amount column and inserting McCoy’’. ington, authorized by section 2101(a) of the ‘‘$15,000,000’’; Military Construction Authorization Act for (6) in the item relating to Fort Riley, Kan- SEC. 2107. MODIFICATION OF AUTHORITY TO Fiscal Year 2007 (division B of Public Law sas, by striking ‘‘$47,400,000’’ in the amount CARRY OUT CERTAIN FISCAL YEAR 109–364; 120 Stat. 2445), as amended by section column and inserting ‘‘$37,200,000’’; 2006 PROJECT. 20814 of the Continuing Appropriations Reso- (7) in the item relating to Fort Campbell, (a) MODIFICATION.—The table in section lution, 2007 (division B of Public Law 109– Kentucky, by striking ‘‘$135,300,000’’ in the 2101(a) of the Military Construction Author- 289), as added by section 2 of the Revised amount column and inserting ‘‘$115,400,000’’; ization Act for Fiscal Year 2006 (division B of Continuing Appropriations Resolution, 2007 (8) by striking the item relating to Fort Public Law 109–163; 119 Stat. 3485) is amended (Public Law 110–5; 121 Stat. 41), $102,000,000. Polk, Louisiana; in the item relating to Fort Bragg, North (7) For the construction of increment 3 of (9) by striking the item relating to Aber- Carolina, by striking ‘‘$301,250,000’’ in the a barracks complex at Fort Bragg, North deen Proving Ground, Maryland; amount column and inserting ‘‘$308,250,000’’. Carolina, authorized by section 2101(a) of the (10) by striking the item relating to Fort (b) CONFORMING AMENDMENTS.—Section Military Construction Authorization Act for Detrick, Maryland; 2104(b)(5) of that Act (119 Stat. 3488) is Fiscal Year 2006 (division B of Public Law (11) by striking the item relating to De- amended by striking ‘‘$77,400,000’’ and insert- 109–163; 119 Stat. 3485), $47,400,000. troit Arsenal, Michigan; ing ‘‘$84,400,000’’. (b) LIMITATION ON TOTAL COST OF CON- (12) in the item relating to Fort Leonard SEC. 2108. EXTENSION OF AUTHORIZATION OF STRUCTION PROJECTS.—Notwithstanding the Wood, Missouri, by striking ‘‘$34,500,000’’ in cost variations authorized by section 2853 of the amount column and inserting CERTAIN FISCAL YEAR 2005 PROJECT. title 10, United States Code, and any other ‘‘$17,000,000’’; cost variation authorized by law, the total (13) by striking the item relating to (a) EXTENSION AND RENEWAL.—Notwith- cost of all projects carried out under section Picatinny Arsenal, New Jersey; standing section 2701 of the Military Con- 2101 of this Act may not exceed the sum of (14) in the item relating to Fort Drum, struction Authorization Act for Fiscal Year the following: New York, by striking ‘‘$218,600,000’’ in the 2005 (division B of Public Law 108–375; 118 (1) The total amount authorized to be ap- amount column and inserting ‘‘$209,200,000’’; Stat. 2116), the authorization set forth in the propriated under paragraphs (1) and (2) of (15) in the item relating to Fort Bragg, table in subsection (b), as provided in section subsection (a). North Carolina, by striking ‘‘$96,900,000’’ in 2101 of that Act (118 Stat. 2101), shall remain (2) $137,000,000 (the balance of the amount the amount column and inserting in effect until October 1, 2008, or the date of authorized under section 2101(a) for construc- ‘‘$89,000,000’’; the enactment of an Act authorizing funds tion of the United States Southern Com- (16) by striking the item relating to for military construction for fiscal year 2009, mand Headquarters, Miami, Florida). Letterkenny Depot, Pennsylvania; whichever is later. (3) $63,500,000 (the balance of the amount (17) by striking the item relating to Corpus (b) TABLE.—The table referred to in sub- authorized under section 2101(b) for construc- Christi Army Depot, Texas; section (a) is as follows:

Army: Extension of 2005 Project Authorization

Installation or Location Project Amount

Schofield Barracks, Hawaii ...... Training facility ...... $35,542,000

SEC. 2109. GROUND LEASE, SOUTHCOM HEAD- the project to construct a new headquarters obtain the ground lease of additional real QUARTERS FACILITY, MIAMI-DORAL, on property leased from the State of Florida property owned by the State of Florida that FLORIDA. when the following conditions have been met is adjacent to the real property leased under (a) GROUND LEASE AUTHORIZED.—The Sec- regarding the lease for the property: the ground lease for purposes of completing retary of the Army may utilize the State of (1) The United States Government shall the construction of the SOUTHCOM head- Florida property as described in sublease have the right to use the property without quarters facility, as long as the additional number 4489–01, entered into between the interruption until at least December 31, 2055. terms of the ground lease required by sub- State of Florida and the United States (in (2) The United States Government shall section (b) apply to such adjacent property. this section referred to as the ‘‘ground have the right to use the property for gen- lease’’), for the purpose of constructing a (d) LIMITATION.—The Secretary may not eral administrative purposes in the event the consolidated headquarters facility for the obligate or expend funds appropriated pursu- United States Southern Command relocates United States Southern Command ant to the authorization of appropriations in or vacates the property. (SOUTHCOM). section 2104(a)(1) for the construction of the (b) ADDITIONAL TERMS AND CONDITIONS.— (c) AUTHORITY TO OBTAIN GROUND LEASE OF SOUTHCOM headquarters facility authorized The Secretary of the Army may carry out ADJACENT PROPERTY.—The Secretary may under section 2101(a) until the Secretary

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00199 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.074 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H226 CONGRESSIONAL RECORD — HOUSE January 16, 2008 transmits to the congressional defense com- Sec. 2204. Authorization of appropriations, SEC. 2201. AUTHORIZED NAVY CONSTRUCTION mittees a modification to the ground lease Navy. AND LAND ACQUISITION PROJECTS. Sec. 2205. Termination of authority to carry signed by the United States Government and (a) INSIDE THE UNITED STATES.—Using out fiscal year 2007 Navy the State of Florida in accordance with sub- amounts appropriated pursuant to the au- section (b). projects for which funds were not appropriated. thorization of appropriations in section TITLE XXII—NAVY Sec. 2206. Modification of authority to carry 2204(a)(1), the Secretary of the Navy may ac- Sec. 2201. Authorized Navy construction and out certain fiscal year 2005 quire real property and carry out military land acquisition projects. project. construction projects for the installations or Sec. 2207. Repeal of authorization for con- locations inside the United States, and in Sec. 2202. Family housing. struction of Navy Outlying the amounts, set forth in the following table: Sec. 2203. Improvements to military family Landing Field, Washington housing units. County, North Carolina.

Navy: Inside the United States

State Installation or Location Amount

Alabama ...... Outlying Field Evergreen ...... $9,560,000 Arizona ...... Marine Corps Air Station, Yuma ...... $33,720,000 California ...... Marine Corps Air Station, Miramar ...... $26,760,000 Marine Corps Base, Camp Pendleton ...... $264,360,000 Marine Corps Base, Twentynine Palms ...... $142,619,000 Naval Station, San Diego ...... $3,000,000 Naval Support Activity, Monterey ...... $9,780,000 Submarine Base, San Diego ...... $23,630,000 Connecticut ...... Submarine Base, New London ...... $21,160,000 Florida ...... Marine Corps Logistics Base, Blount Island ...... $10,240,000 Naval Support Activity, Cape Canaveral ...... $9,900,000 Naval Surface Warfare Center, Panama City ...... $13,870,000 Naval Training Center, Corry Field ...... $3,140,000 Georgia ...... Marine Corps Logistics Base ...... $9,980,000 Hawaii ...... Marine Corps Air Station, Kaneohe ...... $37,961,000 Naval Base, Pearl Harbor ...... $99,860,000 Naval Station Pearl Harbor, Wahiawa ...... $65,410,000 Pearl Harbor Naval Shipyard ...... $30,200,000 Illinois ...... Naval Training Center, Great Lakes ...... $10,221,000 Indiana ...... Naval Support Activity, Crane ...... $23,800,000 Maine ...... Portsmouth Naval Shipyard ...... $9,700,000 Maryland ...... Naval Air Warfare Center, Patuxent River ...... $38,360,000 Naval Surface Warfare Center, Indian Head ...... $9,450,000 Mississippi ...... Naval Air Station, Meridian ...... $6,770,000 Nevada ...... Naval Air Station, Fallon ...... $11,460,000 New Jersey ...... Naval Air Warfare Center, Lakehurst ...... $4,100,000 North Carolina ...... Marine Corps Air Station, Cherry Point ...... $28,610,000 Marine Corps Air Station, New River ...... $58,700,000 Marine Corps Base, Camp Lejeune ...... $248,930,000 Rhode Island ...... Naval Station, Newport ...... $13,760,000 South Carolina ...... Marine Corps Air Station, Beaufort ...... $10,300,000 Marine Corps Recruit Depot, Parris Island ...... $55,282,000 Texas ...... Naval Air Station, Corpus Christi ...... $14,290,000 Virginia ...... Marine Corps Base, Quantico ...... $50,519,000 Naval Station, Norfolk ...... $79,560,000 Naval Support Activity, Chesapeake ...... $8,450,000 Naval Surface Warfare Center, Dahlgren ...... $10,000,000 Washington ...... Naval Air Station, Whidbey Island ...... $34,520,000 Naval Station, Bremerton ...... $190,960,000 Naval Station, Everett ...... $10,940,000 Naval Station, Kitsap ...... $6,130,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or Location Amount

Bahrain ...... Southwest Asia ...... $35,500,000 Diego Garcia ...... Naval Support Facility, Diego Garcia ...... $7,150,000 Djibouti ...... Camp Lemonier ...... $22,390,000 Guam ...... Naval Activities, Guam ...... $278,818,000

(c) UNSPECIFIED WORLDWIDE.—Using 2204(a)(3), the Secretary of the Navy may ac- lations or locations in the amount set forth amounts appropriated pursuant to the au- quire real property and carry out military in the following table: thorization of appropriations in section construction projects for unspecified instal-

Navy: Unspecified Worldwide

Location Installation or Location Amount

Worldwide Unspecified ...... Wharf Utilities Upgrade ...... $8,900,000

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00200 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.074 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H227 SEC. 2202. FAMILY HOUSING. 2204(a)(6)(A), the Secretary of the Navy may facilities) at the installations, in the number (a) CONSTRUCTION AND ACQUISITION.—Using construct or acquire family housing units of units, and in the amounts set forth in the amounts appropriated pursuant to the au- (including land acquisition and supporting following table: thorization of appropriations in section

Navy: Family Housing

Location Installation Units Amount

California ...... Twentynine Palms ...... N/A ...... $4,800,000 Mariana Islands ...... Naval Activities, Guam ...... 73 ...... $57,167,000

(b) PLANNING AND DESIGN.—Using amounts Station, Everett), authorized by section (12) by striking the item relating to Marine appropriated pursuant to the authorization 2201(a) of the Military Construction Author- Corps Air Station, Cherry Point, North Caro- of appropriations in section 2204(a)(6)(A), the ization Act of Fiscal Year 2006 (division B of lina; Secretary of the Navy may carry out archi- Public Law 109–163; 119 Stat. 3490), $47,240,000. (13) by striking the item relating to Naval tectural and engineering services and con- (11) For the construction of increment 4 of Station, Newport, Rhode Island; struction design activities with respect to the limited area production and storage com- (14) in the item relating to Marine Corps the construction or improvement of military plex at Naval Submarine Base, Kitsap, Ban- Air Station, Beaufort, South Carolina, by family housing units in an amount not to ex- gor, Washington (formerly referred to as a striking ‘‘$25,575,000’’ in the amount column ceed $3,172,000. project at the Strategic Weapons Facility and inserting ‘‘$22,225,000’’; SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY Pacific, Bangor), authorized by section (15) by striking the item relating to Naval HOUSING UNITS. 2201(a) of the Military Construction Author- Special Weapons Center, Dahlgren, Virginia; Subject to section 2825 of title 10, United ization Act of Fiscal Year 2005 (division B of (16) in the item relating to Naval Support States Code, and using amounts appropriated Public Law 108–375; 118 Stat. 2105), as amend- Activity, Norfolk, Virginia, by striking pursuant to the authorization of appropria- ed by section 2206 of the Military Construc- ‘‘$41,712,000’’ in the amount column and in- tions in section 2204(a)(6)(A), the Secretary tion Authorization Act for Fiscal Year 2006 serting ‘‘$28,462,000’’; of the Navy may improve existing military (division B of Public Law 109–163; 119 Stat. (17) in the item relating to Naval Air Sta- family housing units in an amount not to ex- 3493), $39,750,000. tion, Whidbey Island, Washington, by strik- ceed $237,990,000. (b) LIMITATION ON TOTAL COST OF CON- ing ‘‘$67,303,000’’ in the amount column and SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, STRUCTION PROJECTS.—Notwithstanding the inserting ‘‘$57,653,000’’; and NAVY. cost variations authorized by section 2853 of (18) in the item relating to Naval Base, (a) IN GENERAL.—Funds are hereby author- title 10, United States Code, and any other Kitsap, Washington, by striking ‘‘$17,617,000’’ ized to be appropriated for fiscal years begin- cost variation authorized by law, the total in the amount column and inserting ning after September 30, 2007, for military cost of all projects carried out under section ‘‘$13,507,000’’. construction, land acquisition, and military 2201 of this Act may not exceed the sum of (b) TERMINATION OF MILITARY FAMILY family housing functions of the Department the following: HOUSING PROJECTS.—Section 2204(a)(6)(A) of of the Navy in the total amount of (1) The total amount authorized to be ap- such Act (120 Stat. 2450) is amended by strik- $2,885,317,000, as follows: propriated under paragraphs (1), (2), and (3) ing ‘‘$308,956,000’’ and inserting (1) For military construction projects in- of subsection (a). ‘‘$305,256,000’’. side the United States authorized by section (2) $50,000,000 (the balance of the amount (c) CONFORMING AMENDMENTS.—Section 2201(a), $1,628,762,000. authorized under section 2201(a) for a sub- 2204(a) of such Act (120 Stat. 2450) is amend- (2) For military construction projects out- marine drive-in magnetic silencing facility ed— side the United States authorized by section in Pearl Harbor, Hawaii). (1) in the matter preceding paragraph (1), 2201(b), $292,946,000. (3) $50,912,000 (the balance of the amount by striking ‘‘$2,109,367,000’’ and inserting (3) For military construction projects at authorized under section 2201(b) for construc- ‘‘$1,946,867,000’’; and unspecified worldwide locations authorized tion of a wharf extension in Apra Harbor, (2) in paragraph (1), by striking by section 2201(c), $11,600,000. Guam). ‘‘$832,982,000’’ and inserting ‘‘$674,182,000’’. (4) For unspecified minor military con- (4) $71,200,000 (the balance of the amount SEC. 2206. MODIFICATION OF AUTHORITY TO struction projects authorized by section 2805 authorized under section 2201(a) for a nuclear CARRY OUT CERTAIN FISCAL YEAR of title 10, United States Code, $10,000,000. aircraft carrier maintenance pier at Naval 2005 PROJECT. (5) For architectural and engineering serv- Station Bremerton, Washington). (a) MODIFICATION.—The table in section ices and construction design under section SEC. 2205. TERMINATION OF AUTHORITY TO 2201(a) of the Military Construction Author- 2807 of title 10, United States Code, CARRY OUT FISCAL YEAR 2007 NAVY ization Act for Fiscal Year 2005 (division B of $113,017,000. PROJECTS FOR WHICH FUNDS WERE Public Law 108–375; 118 Stat. 2105), as amend- NOT APPROPRIATED. (6) For military family housing functions: ed by section 2206 of the Military Construc- (a) TERMINATION OF INSIDE THE UNITED (A) For construction and acquisition, plan- tion Authorization Act for Fiscal Year 2006 STATES PROJECTS.—The table in section (division B of Public Law 109–163; 119 Stat. ning and design, and improvement of mili- 2201(a) of the Military Construction Author- tary family housing and facilities, 3493) and section 2205 of the Military Con- ization Act for Fiscal Year 2007 (division B of struction Authorization Act for Fiscal Year $293,129,000. Public Law 109–364; 120 Stat. 2449) is amend- (B) For support of military family housing 2007 (division B of Public Law 109–364; 120 ed— Stat. 2452), is amended— (including functions described in section 2833 (1) in the item relating to Marine Corps of title 10, United States Code), $371,404,000. (1) in the item relating to Strategic Weap- Base, Twentynine Palms, California, by ons Facility Pacific, Bangor, Washington, by (7) For the construction of increment 2 of striking ‘‘$27,217,000’’ in the amount column the construction of an addition to the Na- striking ‘‘$147,760,000’’ in the amount column and inserting ‘‘$8,217,000’’; and inserting ‘‘$295,000,000’’; and tional Maritime Intelligence Center, (2) by striking the item relating to Naval Suitland, Maryland, authorized by section (2) by striking the amount identified as the Support Activity, Monterey, California; total in the amount column and inserting 2201(a) of the Military Construction Author- (3) by striking the item relating to Naval ization Act for Fiscal Year 2007 (division B of ‘‘$972,719,000’’. Submarine Base, New London, Connecticut; (b) CONFORMING AMENDMENT.—Section 2204 Public Law 109–364; 120 Stat. 2448), $52,069,000. (4) by striking the item relating to Cape of the Military Construction Authorization (8) For the construction of increment 3 of Canaveral, Florida; Act for Fiscal Year 2005 (division B of Public recruit training barracks infrastructure up- (5) in the item relating to Marine Corps Law 108–375; 118 Stat. 2107), as amended by grade at Recruit Training Command, Great Logistics Base, Albany, Georgia, by striking section 2206 of the Military Construction Au- Lakes, Illinois, authorized by section 2201(a) ‘‘$70,540,000’’ in the amount column and in- thorization Act for Fiscal Year 2006 (division of the Military Construction Authorization serting ‘‘$62,000,000’’; B of Public Law 109–163; 119 Stat. 3493) and Act for Fiscal Year 2006 (division B of Public (6) by striking the item relating to Naval section 2205 of the Military Construction Au- Law 109–163; 119 Stat. 3490), $16,650,000. Magazine, Pearl Harbor, Hawaii; thorization Act for Fiscal Year 2007 (division (9) For the construction of increment 3 of (7) by striking the item relating to Naval B of Public Law 109–364; 120 Stat. 2453), is wharf upgrades at Yokosuka, Japan, author- Shipyard, Pearl Harbor, Hawaii; amended in subsection (b)(6), by striking ized by section 2201(b) of the Military Con- (8) by striking the item relating to Naval ‘‘$95,320,000’’ and inserting ‘‘$259,320,000’’. struction Authorization Act of Fiscal Year Support Activity, Crane, Indiana; SEC. 2207. REPEAL OF AUTHORIZATION FOR CON- 2006 (division B of Public Law 109–163; 119 (9) by striking the item relating to Ports- STRUCTION OF NAVY OUTLYING Stat. 3490), $8,750,000. mouth Naval Shipyard, Maine; LANDING FIELD, WASHINGTON (10) For the construction of increment 2 of (10) by striking the item relating to Naval COUNTY, NORTH CAROLINA. the Bachelor Enlisted Quarters Homeport Air Station, Meridian, Mississippi; (a) REPEAL OF AUTHORIZATION.—The table Ashore Program at Bremerton, Washington (11) by striking the item relating to Naval in section 2201(a) of the Military Construc- (formerly referred to as a project at Naval Air Station, Fallon, Nevada; tion Authorization Act for Fiscal Year 2004

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00201 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.074 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H228 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (division B of Public Law 108–136; 117 Stat. sition of real property to facilitate such con- Sec. 2307. Extension of authorizations of cer- 1704) is amended by striking the item relat- struction. tain fiscal year 2005 projects. ing to Navy Outlying Landing Field, Wash- TITLE XXIII—AIR FORCE Sec. 2308. Extension of authorizations of cer- ington County, North Carolina, as added by Sec. 2301. Authorized Air Force construction tain fiscal year 2004 projects. section 2205(a) of the Military Construction and land acquisition projects. Authorization Act for Fiscal Year 2007 (divi- Sec. 2302. Family housing. SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- sion B of Public Law 109–364; 120 Stat. 2452). Sec. 2303. Improvements to military family TION AND LAND ACQUISITION PROJECTS. (b) REPEAL OF INCREMENTAL FUNDING AU- housing units. THORITY.—Section 2204(b) of that Act (117 Sec. 2304. Authorization of appropriations, (a) INSIDE THE UNITED STATES.—Using Stat. 1706) is amended by striking paragraph Air Force. amounts appropriated pursuant to the au- (6). Sec. 2305. Termination of authority to carry thorization of appropriations in section (c) EFFECT OF REPEAL.—The amendments out fiscal year 2007 Air Force 2304(1), the Secretary of the Air Force may made by this section do not affect the ex- projects for which funds were acquire real property and carry out military penditure of funds obligated, before the ef- not appropriated. fective date of this title, for the construction Sec. 2306. Modification of authority to carry construction projects for the installations or of the Navy Outlying Landing Field, Wash- out certain fiscal year 2006 locations inside the United States, and in ington County, North Carolina, or the acqui- projects. the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or Location Amount

Alaska ...... Elmendorf Air Force Base ...... $83,180,000 Arizona ...... Davis-Monthan Air Force Base ...... $11,200,000 Luke Air Force Base ...... $5,500,000 Arkansas ...... Little Rock Air Force Base ...... $19,600,000 California ...... Travis Air Force Base ...... $37,400,000 Colorado ...... Fort Carson ...... $13,500,000 Schriever Air Force Base ...... $24,500,000 United States Air Force Academy ...... $15,000,000 District of Columbia ...... Bolling Air Force Base ...... $2,500,000 Florida ...... Eglin Air Force Base ...... $158,300,000 MacDill Air Force Base ...... $60,500,000 Patrick Air Force Base ...... $11,854,000 Tyndall Air Force Base ...... $52,514,000 Georgia ...... Moody Air Force Base ...... $7,500,000 Robins Air Force Base ...... $19,700,000 Hawaii ...... Hickam Air Force Base ...... $31,971,000 Illinois ...... Scott Air Force Base ...... $24,900,000 Kansas ...... Fort Riley ...... $12,515,000 McConnell Air Force Base ...... $6,300,000 Massachusetts ...... Hanscom Air Force Base ...... $12,800,000 Mississippi ...... Columbus Air Force Base ...... $9,800,000 Missouri ...... Whiteman Air Force Base ...... $11,400,000 Montana ...... Malmstrom Air Force Base ...... $7,000,000 Nebraska ...... Offutt Air Force Base ...... $16,952,000 Nevada ...... Nellis Air Force Base ...... $4,950,000 New Mexico ...... Cannon Air Force Base ...... $1,688,000 Kirtland Air Force Base ...... $15,100,000 North Dakota ...... Grand Forks Air Force Base ...... $13,000,000 Minot Air Force Base ...... $18,200,000 Oklahoma ...... Altus Air Force Base ...... $2,000,000 Tinker Air Force Base ...... $34,600,000 Vance Air Force Base ...... $7,700,000 South Carolina ...... Charleston Air Force Base ...... $11,000,000 Shaw Air Force Base ...... $9,300,000 South Dakota ...... Ellsworth Air Force Base ...... $16,600,000 Texas ...... Goodfellow Air Force Base ...... $5,800,000 Lackland Air Force Base ...... $14,000,000 Laughlin Air Force Base ...... $5,200,000 Randolph Air Force Base ...... $2,950,000 Shepard Air Force Base ...... $7,000,000 Utah ...... Hill Air Force Base ...... $25,999,000 Washington ...... Fairchild Air Force Base ...... $6,200,000 Wyoming ...... Francis E. Warren Air Force Base ...... $14,600,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated pursuant to the authorization of appropriations in section 2304(2), the Sec- retary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States

Country Installation or Location Amount

Germany ...... Ramstein Air Base ...... $48,209,000 Guam ...... Andersen Air Force Base ...... $15,816,000 Qatar ...... Al Udeid Air Base ...... $22,300,000 Spain ...... Moron Air Base ...... $1,800,000 United Kingdom ...... Royal Air Force Lakenheath ...... $17,300,000 Royal Air Force Menwith Hill Station ...... $41,000,000

(c) UNSPECIFIED WORLDWIDE.—Using 2304(3), the Secretary of the Air Force may lations or locations in the amount set forth amounts appropriated pursuant to the au- acquire real property and carry out military in the following table: thorization of appropriations in section construction projects for unspecified instal-

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Location Installation or Location Amount

Worldwide Classified ...... Classified Project ...... $1,500,000 Classified-Special Evaluation Program ...... $12,328,000

SEC. 2302. FAMILY HOUSING. 2304(6)(A), the Secretary of the Air Force porting facilities) at the installations or lo- (a) CONSTRUCTION AND ACQUISITION.—Using may construct or acquire family housing cations, in the number of units, and in the amounts appropriated pursuant to the au- units (including land acquisition and sup- amounts set forth in the following table: thorization of appropriations in section

Air Force: Family Housing

State or Country Installation or Location Units Amount

Germany ...... Ramstein Air Base ...... 117 ..... $56,275,000

(b) PLANNING AND DESIGN.—Using amounts SEC. 2305. TERMINATION OF AUTHORITY TO ‘‘$31,500,000’’ in the amount column and in- appropriated pursuant to the authorization CARRY OUT FISCAL YEAR 2007 AIR serting ‘‘$22,200,000’’; of appropriations in section 2304(6)(A), the FORCE PROJECTS FOR WHICH (22) by striking the item relating to Ells- Secretary of the Air Force may carry out ar- FUNDS WERE NOT APPROPRIATED. worth Air Force Base, South Dakota; (a) TERMINATION OF INSIDE THE UNITED chitectural and engineering services and (23) by striking the item relating to STATES PROJECTS.—The table in section construction design activities with respect Laughlin Air Force Base, Texas; 2301(a) of the Military Construction Author- to the construction or improvement of mili- (24) by striking the item relating to ization Act for Fiscal Year 2007 (division B of tary family housing units in an amount not Sheppard Air Force Base, Texas; Public Law 109–364; 120 Stat. 2453) is amend- to exceed $12,210,000. (25) in the item relating to Hill Air Force ed— SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY Base, Utah, by striking ‘‘$63,400,000’’ in the (1) in the item relating to Elmendorf, Alas- HOUSING UNITS. amount column and inserting ‘‘$53,400,000’’; ka, by striking ‘‘$68,100,000’’ in the amount Subject to section 2825 of title 10, United and column and inserting ‘‘$56,100,000’’; States Code, and using amounts appropriated (26) by striking the item relating to Fair- (2) in the item relating to Davis-Monthan pursuant to the authorization of appropria- child Air Force Base, Washington. tions in section 2304(6)(A), the Secretary of Air Force Base, Arizona, by striking the Air Force may improve existing military ‘‘$11,800,000’’ in the amount column and in- (b) CONFORMING AMENDMENTS.—Section family housing units in an amount not to ex- serting ‘‘$4,600,000’’; 2304(a) of such Act (120 Stat. 2455) is amend- ceed $259,262,000. (3) by striking the item relating to Little ed— SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, Rock Air Force Base, Arkansas; (1) in the matter preceding paragraph (1), AIR FORCE. (4) in the item relating to Travis Air Force by striking ‘‘$3,231,442,000’’ and inserting Funds are hereby authorized to be appro- Base, California, by striking ‘‘$85,800,000’’ in ‘‘$3,005,817,000’’; and priated for fiscal years beginning after Sep- the amount column and inserting (2) in paragraph (1), by striking tember 30, 2007, for military construction, ‘‘$73,900,000’’; ‘‘$962,286,000’’ and inserting ‘‘$736,661,000’’. land acquisition, and military family hous- (5) by striking the item relating to Peter- (c) EXCEPTION.—The termination of the au- ing functions of the Department of the Air son Air Force Base, Colorado; thorization of a military construction Force in the total amount of $2,175,829,000, as (6) in the item relating to Dover Air Force, project or land acquisition as a result of the follows: Delaware, by striking ‘‘$30,400,000’’ in the amendment made by subsection (a) shall not (1) For military construction projects in- amount column and inserting ‘‘$26,400,000’’; apply with respect to a military construc- side the United States authorized by section (7) in the item relating to Eglin Air Force tion project or land acquisition— 2301(a), $872,273,000. Base, Florida, by striking ‘‘$30,350,000’’ in the (1) that was authorized by section 2301(a) of (2) For military construction projects out- amount column and inserting ‘‘$19,350,000’’; such Act; and side the United States authorized by section (8) in the item relating to Tyndall Air (2) for which a contract for the construc- 2301(b), $146,425,000. Force Base, Florida, by striking ‘‘$8,200,000’’ tion or acquisition was entered into before (3) For the military construction projects in the amount column and inserting October 1, 2007. at unspecified worldwide locations author- ‘‘$1,800,000’’; ized by section 2301(c), $13,828,000. (9) in the item relating to Robins Air Force SEC. 2306. MODIFICATION OF AUTHORITY TO (4) For unspecified minor military con- Base, Georgia, by striking ‘‘$59,600,000’’ in CARRY OUT CERTAIN FISCAL YEAR struction projects authorized by section 2805 the amount column and inserting 2006 PROJECTS. of title 10, United States Code, $15,000,000. ‘‘$38,600,000’’; (a) FURTHER MODIFICATION OF INSIDE THE (5) For architectural and engineering serv- (10) in the item relating to Scott Air Force UNITED STATES PROJECT.—The table in sec- ices and construction design under section Base, Illinois, by striking ‘‘$28,200,000’’ in the tion 2301(a) of the Military Construction Au- 2807 of title 10, United States Code, amount column and inserting ‘‘$20,000,000’’; thorization Act for Fiscal Year 2006 (division $43,721,000. (11) by striking the item relating to B of Public Law 109–163; 119 Stat. 3494), as (6) For military family housing functions: McConnell Air Force Base, Kansas; amended by section 2305(a) of the Military (A) For construction and acquisition, plan- (12) by striking the item relating to Construction Authorization Act for Fiscal ning and design, and improvement of mili- Hanscom Air Force Base, Massachusetts; Year 2007 (division B of Public Law 109–364; tary family housing and facilities, (13) by striking the item relating to White- 120 Stat. 2456), is further amended— $327,747,000. man Air Force Base, Missouri; (1) in the item relating to Edwards Air (B) For support of military family housing (14) by striking the item relating to Force Base, California, by striking (including functions described in section 2833 Malmstrom Air Force Base, Montana; ‘‘$103,000,000’’ in the amount column and in- of title 10, United States Code), $688,335,000. (15) in the item relating to McGuire Air serting ‘‘$111,500,000’’; and (7) For the construction of increments 3 Force Base, New Jersey, by striking (2) in the item relating to MacDill Air and 4 of the main base runway at Edwards ‘‘$28,500,000’’ in the amount column and in- Force Base, Florida, by striking Air Force Base, California, authorized by serting ‘‘$15,500,000’’; ‘‘$101,500,000’’ in the amount column and in- section 2301(a) of the Military Construction (16) by striking the item relating to serting ‘‘$126,500,000’’. Authorization Act for Fiscal Year 2006 (divi- Kirtland Air Force Base, New Mexico; sion B of Public Law 109–163; 119 Stat. 3494), (17) by striking the item relating to Minot (b) CONFORMING AMENDMENTS.—Section $43,500,000. Air Force Base, North Dakota; 2304(b) of the Military Construction Author- (8) For the construction of increment 3 of (18) in the item relating to Altus Air Force ization Act for Fiscal Year 2006 (division B of the CENTCOM Joint Intelligence Center at Base, Oklahoma, by striking ‘‘$9,500,000’’ in Public Law 109–163; 119 Stat. 3496), as amend- MacDill Air Force Base, Florida, authorized the amount column and inserting ed by section 2305(b) of the Military Con- by section 2301(a) of the Military Construc- ‘‘$1,500,000’’; struction Authorization Act for Fiscal Year tion Authorization Act for Fiscal Year 2006 (19) by striking the item relating to Tinker 2007 (division B of Public Law 109–364; 120 (division B of Public Law 109–163; 119 Stat. Air Force Base, Oklahoma; Stat. 2456), is further amended— 3494), as amended by section 2305 of the Mili- (20) by striking the item relating to (1) in paragraph (3), by striking tary Construction Authorization Act for Fis- Charleston Air Force Base, South Carolina; ‘‘$66,000,000’’ and inserting ‘‘$74,500,000’’; and cal Year 2007 (division B of Public Law 109– (21) in the item relating to Shaw Air Force (2) in paragraph (4), by striking 364; 120 Stat. 2456), $25,000,000. Base, South Carolina, by striking ‘‘$23,300,000’’ and inserting ‘‘$48,300,000’’.

VerDate Aug 31 2005 05:40 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00203 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.074 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H230 CONGRESSIONAL RECORD — HOUSE January 16, 2008 SEC. 2307. EXTENSION OF AUTHORIZATIONS OF 2005 (division B of Public Law 108–375; 118 date of the enactment of an Act authorizing CERTAIN FISCAL YEAR 2005 Stat. 2116), the authorizations set forth in funds for military construction for fiscal PROJECTS. the table in subsection (b), as provided in year 2009, whichever is later. (a) EXTENSION AND RENEWAL.—Notwith- standing section 2701 of the Military Con- section 2302 of that Act (118 Stat. 2110), shall (b) TABLE.—The table referred to in sub- struction Authorization Act for Fiscal Year remain in effect until October 1, 2008, or the section (a) is as follows:

Air Force: Extension of 2005 Project Authorizations

Installation or location Project Amount

Davis-Monthan Air Force Base, Arizona ...... Family housing (250 units) ...... $48,500,000 Vandenberg Air Force Base, California ...... Family housing (120 units) ...... $30,906,000 MacDill Air Force Base, Florida ...... Family housing (61 units) ...... $21,723,000 Housing maintenance facility ...... $1,250,000 Columbus Air Force Base, Mississippi ...... Housing management facility ...... $711,000 Whiteman Air Force Base, Missouri ...... Family housing (160 units) ...... $37,087,000 Seymour Johnson Air Force Base, North Carolina ...... Family housing (167 units) ...... $32,693,000 Goodfellow Air Force Base, Texas ...... Family housing (127 units) ...... $20,604,000 Ramstein Air Base, Germany ...... USAFE Theater Aerospace Operations Support Center $24,024,000

SEC. 2308. EXTENSION OF AUTHORIZATIONS OF tions set forth in the table in subsection (b), until October 1, 2008, or the date of the en- CERTAIN FISCAL YEAR 2004 as provided in section 2302 of that Act (117 actment of an Act authorizing funds for mili- PROJECTS. Stat. 1710) and extended by section 2702 of tary construction for fiscal year 2009, which- (a) EXTENSION.—Notwithstanding section ever is later. 2701 of the Military Construction Authoriza- the Military Construction Authorization Act tion Act for Fiscal Year 2004 (division B of for Fiscal Year 2007 (division B of Public Law (b) TABLE.—The table referred to in sub- Public Law 108–136; 117 Stat. 1716), authoriza- 109–364; 120 Stat. 2464), shall remain in effect section (a) is as follows:

Air Force: Extension of 2004 Project Authorizations

Installation or location Project Amount

Travis Air Force Base, California ...... Family housing (56 units) ...... $12,723,000 Eglin Air Force Base, Florida ...... Family housing (279 units) ...... $32,166,000

TITLE XXIV—DEFENSE AGENCIES Sec. 2405. Munitions demilitarization facili- thorization of appropriations in section Sec. 2401. Authorized Defense Agencies con- ties, Blue Grass Army Depot, 2403(a)(1), the Secretary of Defense may ac- struction and land acquisition Kentucky, and Pueblo Chemical quire real property and carry out military projects. Activity, Colorado. construction projects for the installations or Sec. 2402. Energy conservation projects. Sec. 2406. Extension of authorizations of cer- locations inside the United States, and in Sec. 2403. Authorization of appropriations, tain fiscal year 2005 projects. the amounts, set forth in the following ta- Defense Agencies. SEC. 2401. AUTHORIZED DEFENSE AGENCIES bles: Sec. 2404. Termination or modification of CONSTRUCTION AND LAND ACQUISI- authority to carry out certain TION PROJECTS. fiscal year 2007 Defense Agen- (a) INSIDE THE UNITED STATES.—Using cies projects. amounts appropriated pursuant to the au-

Defense Education Activity

State Installation or location Amount

North Carolina ...... Marine Corps Base, Camp Lejeune ...... $2,014,000

Defense Intelligence Agency

State Installation or location Amount

District of Columbia ...... Bolling Air Force Base ...... $1,012,000

Defense Logistics Agency

State Installation or location Amount

California ...... Port Loma Annex ...... $140,000,000 Florida ...... Naval Air Station, Key West ...... $1,874,000 Hawaii ...... Hickam Air Force Base ...... $11,900,000 New Mexico ...... Kirtland Air Force Base ...... $1,800,000 Ohio ...... Defense Supply Center, Columbus ...... $4,000,000 Pennsylvania ...... Defense Distribution Depot, New Cumberland ...... $21,000,000 Virginia ...... Fort Belvoir ...... $5,000,000

National Security Agency

State Installation or location Amount

Maryland ...... Fort Meade ...... $11,901,000

Special Operations Command

State Installation or location Amount

California ...... Marine Corps Base, Camp Pendleton ...... $20,030,000 Naval Amphibious Base, Coronodo ...... $12,000,000

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State Installation or location Amount

Florida ...... Hurlburt Field ...... $29,111,000 MacDill Air Force Base ...... $47,700,000 Georgia ...... Fort Benning ...... $35,000,000 Hunter Army Air Field ...... $13,800,000 Kentucky ...... Fort Campbell ...... $53,500,000 Mississippi ...... Stennis Space Center ...... $10,200,000 New Mexico ...... Cannon Air Force Base ...... $7,500,000 North Carolina ...... Fort Bragg ...... $47,250,000 Marine Corps Base, Camp Lejeune ...... $28,210,000 Virginia ...... Dam Neck ...... $113,800,000 Naval Amphibious Base, Little Creek ...... $48,000,000 Washington ...... Fort Lewis ...... $77,000,000

TRICARE Management Activity

State Installation or location Amount

Florida ...... MacDill Air Force Base ...... $5,000,000 Illinois ...... Naval Hospital, Great Lakes ...... $99,000,000 New York ...... Fort Drum ...... $41,000,000 Texas ...... Camp Bullis ...... $7,400,000 Virginia ...... Naval Station, Norfolk ...... $6,450,000 Washington ...... Fort Lewis ...... $21,000,000

(b) OUTSIDE THE UNITED STATES.—Using 2403(a)(2), the Secretary of Defense may ac- locations outside the United States, and in amounts appropriated pursuant to the au- quire real property and carry out military the amounts, set forth in the following ta- thorization of appropriations in section construction projects for the installations or bles:

Defense Education Activity

Country Installation or location Amount

Belgium ...... Sterrebeek ...... $5,992,000 Germany ...... Ramstein Air Base ...... $5,393,000 Wiesbaden Air Base ...... $20,472,000

Special Operations Command

Country Installation or location Amount

Bahrain ...... Southwest Asia ...... $19,000,000 Qatar ...... Al Udeid AB ...... $52,852,000

TRICARE Management Activity

Country Installation or location Amount

Germany ...... Spangdahlem Air Base ...... $30,100,000

(c) UNSPECIFIED WORLDWIDE.—Using the 2403(a)(3), the Secretary of Defense may ac- lations or locations in the amount set forth amounts appropriated pursuant to the au- quire real property and carry out military in the following table: thorization of appropriations in section construction projects for unspecified instal-

Defense Agencies: Unspecified Worldwide

Location Installation or location Amount

Worldwide Classified ...... Classified Project ...... $1,887,000

SEC. 2402. ENERGY CONSERVATION PROJECTS. (2) For military construction projects out- (8) For military family housing functions: Using amounts appropriated pursuant to side the United States authorized by section (A) For support of military family housing the authorization of appropriations in sec- 2401(b), $133,809,000. (including functions described in section 2833 tion 2403(a)(7), the Secretary of Defense may (3) For the military construction projects of title 10, United States Code), $48,848,000. carry out energy conservation projects under at unspecified worldwide locations author- (B) For credit to the Department of De- chapter 173 of title 10, United States Code, in ized by section 2301(c), $1,887,000. fense Family Housing Improvement Fund es- the amount of $70,000,000. (4) For unspecified minor military con- tablished by section 2883(a)(1) of title 10, SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, struction projects under section 2805 of title United States Code, $500,000. DEFENSE AGENCIES. 10, United States Code, $23,711,000. (9) For the construction of increment 3 of (a) IN GENERAL.—Funds are hereby author- ized to be appropriated for fiscal years begin- (5) For contingency construction projects the regional security operations center at ning after September 30, 2007, for military of the Secretary of Defense under section Kunia, Hawaii, authorized by section 2401(a) construction, land acquisition, and military 2804 of title 10, United States Code, $5,000,000. of the Military Construction Authorization family housing functions of the Department (6) For architectural and engineering serv- Act of Fiscal Year 2006 (division B of Public of Defense (other than the military depart- ices and construction design under section Law 109–163; 119 Stat. 3497), as amended by ments) in the total amount of $1,763,120,000 2807 of title 10, United States Code, section 7017 of the Emergency Supplemental as follows: $155,569,000. Appropriations Act for Defense, the Global (1) For military construction projects in- (7) For energy conservation projects au- War on Terror, and Hurricane Recovery, 2006 side the United States authorized by section thorized by section 2402 of this Act, (Public Law 109–234; 120 Stat. 485), 2401(a), $791,902,000. $70,000,000. $136,318,000.

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00205 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.075 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H232 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (10) For the construction of increment 3 of under section 2401(a) for the replacement of transfer amounts of authorizations made the regional security operations center at fuel storage facilities, Point Loma Annex, available by section 2403(a)(1) of this Act to Augusta, Georgia, authorized by section California). increase amounts available for the construc- 2401(a) of the Military Construction Author- (3) $47,250,000 (the balance of the amount tion of increment 8 of such munitions de- ization Act of Fiscal Year 2006 (division B of authorized for the Special Operations Com- militarization facility. Public Law 109–163; 119 Stat. 3497), as amend- mand under section 2401(a) for a special oper- (2) AGGREGATE LIMIT.—The aggregate ed by section 7016 of the Emergency Supple- ations forces operations facility at Dam amount of authorizations that the Secretary mental Appropriations Act for Defense, the Neck, Virginia). may transfer under the authority of this sub- Global War on Terror, and Hurricane Recov- SEC. 2404. TERMINATION OR MODIFICATION OF section may not exceed $17,300,000. ery, 2006 (Public Law 109–234; 120 Stat. 485), AUTHORITY TO CARRY OUT CERTAIN (b) MUNITIONS DEMILITARIZATION FACILITY, $100,000,000. FISCAL YEAR 2007 DEFENSE AGEN- PUEBLO CHEMICAL ACTIVITY.— (11) For the construction of increment 2 of CIES PROJECTS. (1) AUTHORITY TO INCREASE AMOUNT FOR the health clinic replacement at MacDill Air (a) TERMINATION OF PROJECTS FOR WHICH CONSTRUCTION.—Consistent with the total Force Base, Florida, authorized by section FUNDS WERE NOT APPROPRIATED.—The table project amount authorized for the construc- 2401(a) of the Military Construction Author- relating to Special Operations Command in tion a munitions demilitarization facility at ization Act of Fiscal Year 2007 (division B of section 2401(a) of the Military Construction Pueblo Chemical Activity, Colorado, by sec- Public Law 109–364; 120 Stat. 2457), $41,400,000. Authorization Act for Fiscal Year 2007 (divi- tion 2401(a) of the Military Construction Au- (12) For the construction of increment 2 of sion B of Public Law 109–364; 120 Stat. 2457) is thorization Act for Fiscal Year 1997 (Public the replacement of the Army Medical Re- amended— Law 104–201; 110 Stat. 2775), as amended by search Institute of Infectious Diseases at (1) by striking the item relating to Stennis section 2406 of the Military Construction Au- Fort Detrick, Maryland, authorized by sec- Space Center, Mississippi; and thorization Act for Fiscal Year 2000 (division tion 2401(a) of the Military Construction Au- (2) in the item relating to Fort Bragg, B of Public Law 106–65; 113 Stat. 839) and sec- thorization Act of Fiscal Year 2007 (division North Carolina, by striking ‘‘$51,768,000’’ in tion 2407 of the Military Construction Au- B of Public Law 109–364; 120 Stat. 2457), the amount column and inserting thorization Act for Fiscal Year 2003 (division $150,000,000. ‘‘$44,868,000’’. B of Public Law 107–314; 116 Stat. 2698), the (13) For the construction of increment 9 of (b) MODIFICATION OF AUTHORITY TO CARRY Secretary of Defense may transfer amounts a munitions demilitarization facility at OUT CERTAIN BASE CLOSURE AND REALIGN- of authorizations made available by section Pueblo Chemical Activity, Colorado, author- MENT ACTIVITIES.—Section 2405(a)(7) of that 2403(a)(1) of this Act to increase amounts ized by section 2401(a) of the Military Con- Act (120 Stat. 2460) is amended by striking available for the construction of increment 9 struction Authorization Act for Fiscal Year ‘‘$191,220,000’’ and inserting ‘‘$252,279,000’’. of such munitions demilitarization facility. (c) MODIFICATION OF MUNITIONS DEMILI- 1997 (division B of Public Law 104–201; 110 (2) AGGREGATE LIMIT.—The aggregate Stat. 2775), as amended by section 2406 of the TARIZATION FACILITY PROJECT.—Section amount of authorizations that the Secretary Military Construction Authorization Act for 2405(a)(15) of that Act (120 Stat. 2461) is may transfer under the authority of this sub- Fiscal Year 2000 (division B of Public Law amended by striking ‘‘$99,157,000’’ and insert- section may not exceed $32,000,000. 106–65; 113 Stat. 839) and section 2407 of the ing ‘‘$89,157,000’’. (c) CERTIFICATION REQUIREMENT.—Before (d) CONFORMING AMENDMENTS.—Section Military Construction Authorization Act for exercising the authority provided in sub- 2405(a) of that Act (120 Stat. 2460) is amend- Fiscal Year 2003 (division B of Public Law section (a) or (b), the Secretary of Defense ed— 107–314; 116 Stat. 2698), $35,159,000. shall provide to the congressional defense (1) in the matter preceding paragraph (1), (14) For the construction of increment 8 of committees— by striking ‘‘$7,163,431,000’’ and inserting a munitions demilitarization facility at Blue (1) a certification that the transfer under ‘‘$7,197,390,000’’; and Grass Army Depot, Kentucky, authorized by such subsection of amounts authorized to be (2) in paragraph (1), by striking section 2401(a) of the Military Construction appropriated is in the best interest of na- ‘‘$533,099,000’’ and inserting ‘‘$515,999,000’’. Authorization Act for Fiscal Year 2000 (divi- tional security; and sion B of Public Law 106–65; 113 Stat. 835), as SEC. 2405. MUNITIONS DEMILITARIZATION FA- (2) a statement that the increased amount CILITIES, BLUE GRASS ARMY DEPOT, amended by section 2405 of the Military Con- authorized to be appropriated will be used to struction Authorization Act for Fiscal Year KENTUCKY, AND PUEBLO CHEMICAL ACTIVITY, COLORADO. carry out authorized military construction 2002 (division B of Public Law 107–107; 115 activities. Stat. 1298) and section 2405 of the Military (a) MUNITIONS DEMILITARIZATION FACILITY, Construction Authorization Act for Fiscal BLUE GRASS ARMY DEPOT.— SEC. 2406. EXTENSION OF AUTHORIZATIONS OF Year 2003 (division B of Public Law 107–314; (1) AUTHORITY TO INCREASE AMOUNT FOR CERTAIN FISCAL YEAR 2005 PROJECTS. 116 Stat. 2698), $69,017,000. CONSTRUCTION.—Consistent with the total (b) LIMITATION ON TOTAL COST OF CON- project amount authorized for the construc- (a) EXTENSION AND RENEWAL.—Notwith- STRUCTION PROJECTS.—Notwithstanding the tion a munitions demilitarization facility at standing section 2701 of the Military Con- cost variations authorized by section 2853 of Blue Grass Army Depot, Kentucky, by sec- struction Authorization Act for Fiscal Year title 10, United States Code, and any other tion 2401(a) of the Military Construction Au- 2005 (division B of Public Law 108–375; 118 cost variation authorized by law, the total thorization Act for Fiscal Year 2000 (division Stat. 2116), the authorizations set forth in cost of all projects carried out under section B of Public Law 106–65; 113 Stat. 836), as the table in subsection (b), as provided in 2401 of this Act may not exceed the sum of amended by section 2405 of the Military Con- section 2401 of that Act (118 Stat. 2112), shall the following: struction Authorization Act for Fiscal Year remain in effect until October 1, 2008, or the (1) The total amount authorized to be ap- 2002 (division B of Public Law 107–107; 115 date of the enactment of an Act authorizing propriated under paragraphs (1), (2), and (3) Stat. 1298) and section 2405 of the Military funds for military construction for fiscal of subsection (a). Construction Authorization Act for Fiscal year 2009, whichever is later. (2) $84,300,000 (the balance of the amount Year 2003 (division B of Public Law 107–314; (b) TABLE.—The table referred to in sub- authorized for the Defense Logistics Agency 116 Stat. 2698), the Secretary of Defense may section (a) is as follows:

Defense Agencies: Extension of 2005 Project Authorizations

Installation or Location Agency and Project Amount

Naval Air Station, Oceana, Virginia ...... DLA bulk fuel storage tank ...... $3,589,000 Naval Air Station, Jacksonville, Florida ...... TMA hospital project ...... $28,438,000

TITLE XXV—NORTH ATLANTIC TREATY priated for this purpose in section 2502 and Investment Program authorized by section ORGANIZATION SECURITY INVESTMENT the amount collected from the North Atlan- 2501, in the amount of $201,400,000. PROGRAM tic Treaty Organization as a result of con- TITLE XXVI—GUARD AND RESERVE Sec. 2501. Authorized NATO construction struction previously financed by the United FORCES FACILITIES and land acquisition projects. States. Sec. 2502. Authorization of appropriations, Sec. 2601. Authorized Army National Guard NATO. SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. construction and land acquisi- SEC. 2501. AUTHORIZED NATO CONSTRUCTION tion projects. AND LAND ACQUISITION PROJECTS. Funds are hereby authorized to be appro- The Secretary of Defense may make con- priated for fiscal years beginning after Sep- Sec. 2602. Authorized Army Reserve con- tributions for the North Atlantic Treaty Or- tember 30, 2007, for contributions by the Sec- struction and land acquisition ganization Security Investment Program as retary of Defense under section 2806 of title projects. provided in section 2806 of title 10, United 10, United States Code, for the share of the Sec. 2603. Authorized Navy Reserve and Ma- States Code, in an amount not to exceed the United States of the cost of projects for the rine Corps Reserve construction sum of the amount authorized to be appro- North Atlantic Treaty Organization Security and land acquisition projects.

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00206 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.075 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H233 Sec. 2604. Authorized Air National Guard Sec. 2608. Modification of authority to carry SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD construction and land acquisi- out fiscal year 2006 Air Force CONSTRUCTION AND LAND ACQUISI- tion projects. Reserve construction and ac- TION PROJECTS. Sec. 2605. Authorized Air Force Reserve con- quisition projects. Using amounts appropriated pursuant to struction and land acquisition Sec. 2609. Extension of authorizations of cer- the authorization of appropriations in sec- projects. Sec. 2606. Authorization of appropriations, tain fiscal year 2005 projects. tion 2606(1)(A), the Secretary of the Army National Guard and Reserve. Sec. 2610. Extension of authorizations of cer- may acquire real property and carry out Sec. 2607. Termination of authority to carry tain Fiscal Year 2004 projects. military construction projects for the Army out fiscal year 2007 Guard and National Guard locations, and in the Reserve projects for which amounts, set forth in the following table: funds were not appropriated.

Army National Guard

State Location Amount

Alabama ...... Springville ...... $3,300,000 Arizona ...... Florence ...... $10,870,000 Arkansas ...... Camp Robinson ...... $25,823,000 California ...... Camp Roberts ...... $2,850,000 Sacramento Army Depot ...... $21,000,000 Connecticut ...... Niantic ...... $13,600,000 Florida ...... Camp Blanding ...... $15,524,000 Jacksonville ...... $12,200,000 Idaho ...... Gowen Field ...... $7,615,000 Orchard Training Area ...... $1,700,000 Illinois ...... St. Clair County ...... $8,100,000 Indiana ...... Muscatatuck ...... $4,996,000 Iowa ...... Iowa City ...... $13,186,000 Kentucky ...... London ...... $2,427,000 Michigan ...... Camp Grayling ...... $2,450,000 Lansing ...... $4,239,000 Minnesota ...... Camp Ripley ...... $17,450,000 Mississippi ...... Camp Shelby ...... $4,000,000 Missouri ...... Whiteman Air Force Base ...... $30,000,000 North Carolina ...... Asheville ...... $3,733,000 North Dakota ...... Camp Grafton ...... $33,416,000 Oregon ...... Ontario ...... $11,000,000 Pennsylvania ...... Carlisle ...... $7,800,000 East Fallowfield Township ...... $8,300,000 Fort Indiantown Gap ...... $9,500,000 Gettysburg ...... $6,300,000 Graterford ...... $7,300,000 Hanover ...... $5,500,000 Hazelton ...... $5,600,000 Holidaysburg ...... $9,400,000 Huntingdon ...... $7,500,000 Kutztown ...... $6,800,000 Lebanon ...... $7,800,000 Philadelphia ...... $13,650,000 Waynesburg ...... $9,000,000 Rhode Island ...... East Greenwich ...... $8,200,000 North Kingstown ...... $33,000,000 Texas ...... Camp Bowie ...... $1,500,000 Fort Wolters ...... $2,100,000 Utah ...... North Salt Lake ...... $12,200,000 Vermont ...... Ethan Allen Range ...... $1,996,000 Virginia ...... Fort Pickett ...... $26,211,000 Winchester ...... $3,113,000 West Virginia ...... Camp Dawson ...... $9,400,000 Wyoming ...... Camp Guernsey ...... $2,650,000

SEC. 2602. AUTHORIZED ARMY RESERVE CON- tion 2606(1)(B), the Secretary of the Army Reserve locations, and in the amounts, set STRUCTION AND LAND ACQUISITION may acquire real property and carry out forth in the following table: PROJECTS. military construction projects for the Army Using amounts appropriated pursuant to the authorization of appropriations in sec-

Army Reserve

State Location Amount

California ...... BT Collins ...... $6,874,000 Fort Hunter Liggett ...... $7,035,000 Garden Grove ...... $25,440,000 Montana ...... Butte ...... $7,629,000 New Jersey ...... Fort Dix ...... $22,900,000 New York ...... Fort Drum ...... $15,923,000 Texas ...... Ellington Field ...... $15,000,000 Fort Worth ...... $15,076,000 Wisconsin ...... Ellsworth ...... $9,100,000 Fort McCoy ...... $8,523,000

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00207 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.075 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H234 CONGRESSIONAL RECORD — HOUSE January 16, 2008 SEC. 2603. AUTHORIZED NAVY RESERVE AND MA- tion 2606(a)(2), the Secretary of the Navy and in the amounts, set forth in the fol- RINE CORPS RESERVE CONSTRUC- may acquire real property and carry out lowing table: TION AND LAND ACQUISITION PROJECTS. military construction projects for the Navy Using amounts appropriated pursuant to Reserve and Marine Corps Reserve locations, the authorization of appropriations in sec-

Navy Reserve and Marine Corps Reserve

State Location Amount

California ...... Miramar ...... $5,580,000 Michigan ...... Selfridge ...... $4,030,000 Ohio ...... Wright-Patterson Air Force Base ...... $10,277,000 Oregon ...... Portland ...... $1,900,000 South Dakota ...... Sioux Falls ...... $3,730,000 Texas ...... Austin ...... $6,490,000 Fort Worth ...... $27,484,000 Virginia ...... Quantico ...... $2,410,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD tion 2606(3)(A), the Secretary of the Air Air National Guard locations, and in the CONSTRUCTION AND LAND ACQUISI- Force may acquire real property and carry amounts, set forth in the following table: TION PROJECTS. out military construction projects for the Using amounts appropriated pursuant to the authorization of appropriations in sec-

Air National Guard

State Location Amount

Colorado ...... Buckley Air National Guard Base ...... $7,300,000 Delaware ...... New Castle ...... $10,800,000 Florida ...... Jacksonville International Airport ...... $6,000,000 Georgia ...... Savannah International Airport ...... $9,000,000 Indiana ...... Hulman Regional Airport ...... $7,700,000 Kansas ...... Smoky Hill Air National Guard Range ...... $9,000,000 Louisiana ...... Camp Beauregard ...... $1,800,000 Massachusetts ...... Otis Air National Guard Base ...... $1,800,000 Barnes Air National Guard Base ...... $7,300,000 Mississippi ...... Key Field ...... $6,100,000 Nebraska ...... Lincoln ...... $8,900,000 Nevada ...... Reno-Tahoe International Airport ...... $5,200,000 New Hampshire ...... Pease Air National Guard Base ...... $8,900,000 New Jersey ...... Atlantic City ...... $9,800,000 New York ...... Gabreski Airport ...... $8,400,000 Griffiss ...... $6,600,000 Hancock Field ...... $5,100,000 North Carolina ...... Charlotte ...... $4,000,000 Ohio ...... Rickenbacker Air National Guard Base ...... $7,600,000 Pennsylvania ...... Fort Indiantown Gap ...... $12,700,000 Harrisburg ...... $1,000,000 Rhode Island ...... Quonset State Airport ...... $5,000,000 South Dakota ...... Joe Foss Field ...... $7,900,000 Tennessee ...... Lovell Field ...... $8,200,000 McGhee-Tyson Airport ...... $3,200,000 Memphis International Airport ...... $11,376,000 Texas ...... Ellington Field ...... $7,200,000 Vermont ...... Burlington ...... $6,600,000 West Virginia ...... Eastern WV Regional Airport ...... $50,776,000 Yeager ...... $17,300,000 Wisconsin ...... Truax Field ...... $7,000,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE tion 2606(3)(B), the Secretary of the Air Air Force Reserve locations, and in the CONSTRUCTION AND LAND ACQUISI- Force may acquire real property and carry amounts, set forth in the following table: TION PROJECTS. out military construction projects for the Using amounts appropriated pursuant to the authorization of appropriations in sec-

Air Force Reserve

State Location Amount

Alaska ...... Elmendorf Air Force Base ...... $14,950,000 Utah ...... Hill Air Force Base ...... $3,200,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, States Code (including the cost of acquisi- (3) For the Department of the Air Force— NATIONAL GUARD AND RESERVE. tion of land for those facilities), in the fol- (A) for the Air National Guard of the Funds are hereby authorized to be appro- lowing amounts: United States, $287,537,000; and priated for fiscal years beginning after Sep- (1) For the Department of the Army— (B) for the Air Force Reserve, $28,359,000. tember 30, 2007, for the costs of acquisition, (A) for the Army National Guard of the architectural and engineering services, and United States, $536,656,000; and construction of facilities for the Guard and (B) for the Army Reserve, $148,133,000. Reserve Forces, and for contributions there- (2) For the Department of the Navy, for the for, under chapter 1803 of title 10, United Navy and Marine Corps Reserve, $64,430,000.

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00208 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.075 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H235 SEC. 2607. TERMINATION OF AUTHORITY TO (3) in paragraph (3)— SEC. 2609. EXTENSION OF AUTHORIZATIONS OF CARRY OUT FISCAL YEAR 2007 (A) in subparagraph (A), by striking CERTAIN FISCAL YEAR 2005 GUARD AND RESERVE PROJECTS ‘‘$294,283,000’’ and inserting ‘‘$133,983,000’’; PROJECTS. FOR WHICH FUNDS WERE NOT AP- PROPRIATED. and (a) EXTENSION AND RENEWAL.—Notwith- Section 2601 of the Military Construction (B) in subparagraph (B), by striking standing section 2701 of the Military Con- Authorization Act for Fiscal Year 2007 (divi- ‘‘$56,836,000’’ and inserting ‘‘$47,436,000’’. struction Authorization Act for Fiscal Year 2005 (division B of Public Law 108–375; 118 sion B of Public Law 109–364; 120 Stat. 2463) is SEC. 2608. MODIFICATION OF AUTHORITY TO amended— Stat. 2116), the authorizations set forth in CARRY OUT FISCAL YEAR 2006 AIR the tables in subsection (b), as provided in (1) in paragraph (1)— FORCE RESERVE CONSTRUCTION (A) in subparagraph (A), by striking AND ACQUISITION PROJECTS. section 2601 of that Act (118 Stat. 2115), shall ‘‘$561,375,000’’ and inserting ‘‘$476,697,000’’; remain in effect until October 1, 2008, or the and Section 2601(3)(B) of the Military Construc- date of the enactment of an Act authorizing (B) in subparagraph (B), by striking tion Authorization Act for Fiscal Year 2006 funds for military construction for fiscal ‘‘$190,617,000’’ and inserting ‘‘$167,987,000’’; (division B of Public Law 109–163; 119 Stat. year 2009, whichever is later. (2) in paragraph (2), by striking ‘‘49,998,000’’ 3501) is amended by striking ‘‘$105,883,000’’ (b) TABLES.—The tables referred to in sub- and inserting ‘‘$43,498,000’’; and and inserting ‘‘$102,783,000’’. section (a) are as follows:

Army National Guard: Extension of 2005 Project Authorizations

Installation or location Project Amount

Dublin, California ...... Readiness center ...... $11,318,000 Gary, Indiana ...... Reserve center ...... 9,380,000

Army Reserve: Extension of 2005 Project Authorization

Installation or location Project Amount

Corpus Christi (Robstown), Texas ...... Storage facility ...... $9,038,000

SEC. 2610. EXTENSION OF AUTHORIZATIONS OF thorizations set forth in the table in sub- main in effect until October 1, 2008, or the CERTAIN FISCAL YEAR 2004 section (b), as provided in section 2601 of that date of the enactment of an Act authorizing PROJECTS. Act (117 Stat. 1715) and extended by section funds for military construction for fiscal (a) EXTENSION.—Notwithstanding section year 2009, whichever is later. 2701 of the Military Construction Authoriza- 2702 of the Military Construction Authoriza- tion Act for Fiscal Year 2004 (division B of tion Act for Fiscal Year 2007 (division B of (b) TABLE.—The table referred to in sub- Public Law 108–136; 117 Stat. 1716), the au- Public Law 109–364; 120 Stat. 2464), shall re- section (a) is as follows:

Army National Guard: Extension of 2004 Project Authorizations

Installation or location Project Amount

Albuquerque, New Mexico ...... Readiness center ...... $2,533,000 Fort Indiantown Gap, Pennsylvania ...... Multi-purpose training range ...... 15,338,000

TITLE XXVII—BASE CLOSURE AND Sec. 2709. Report on availability of traffic Law 101–510; 10 U.S.C. 2687 note) and funded REALIGNMENT ACTIVITIES infrastructure and facilities to through the Department of Defense Base Clo- Sec. 2701. Authorization of appropriations support base realignment. sure Account 2005 established by section 2906A of such Act, in the amount of for base closure and realign- SEC. 2701. AUTHORIZATION OF APPROPRIATIONS $8,718,988,000. ment activities funded through FOR BASE CLOSURE AND REALIGN- MENT ACTIVITIES FUNDED Department of Defense Base SEC. 2703. AUTHORIZATION OF APPROPRIATIONS THROUGH DEPARTMENT OF DE- FOR BASE CLOSURE AND REALIGN- Closure Account 1990. FENSE BASE CLOSURE ACCOUNT MENT ACTIVITIES FUNDED Sec. 2702. Authorized base closure and re- 1990. THROUGH DEPARTMENT OF DE- alignment activities funded Funds are hereby authorized to be appro- FENSE BASE CLOSURE ACCOUNT through Department of Defense priated for fiscal years beginning after Sep- 2005. Base Closure Account 2005. tember 30, 2007, for base closure and realign- (a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 2703. Authorization of appropriations ment activities, including real property ac- Funds are hereby authorized to be appro- for base closure and realign- quisition and military construction projects, priated for fiscal years beginning after Sep- tember 30, 2007, for base closure and realign- ment activities funded through as authorized by the Defense Base Closure ment activities, including real property ac- Department of Defense Base and Realignment Act of 1990 (part A of title quisition and military construction projects, Closure Account 2005. XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of as authorized by the Defense Base Closure Sec. 2704. Authorized cost and scope of work and Realignment Act of 1990 (part A of title Defense Base Closure Account 1990 estab- variations for military con- XXIX of Public Law 101–510; 10 U.S.C. 2687 lished by section 2906 of such Act, in the struction and military family note) and funded through the Department of total amount of $295,689,000, as follows: housing projects related to base Defense Base Closure Account 2005 estab- (1) For the Department of the Army, closures and realignments. lished by section 2906A of such Act, in the Sec. 2705. Transfer of funds from Depart- $98,716,000. total amount of $8,040,401,000, as follows: ment of Defense Base Closure (2) For the Department of the Navy, (1) For the Department of the Army, Account 2005 to Department of $50,000,000. $4,015,746,000. Defense Housing Funds. (3) For the Department of the Air Force, (2) For the Department of the Navy, Sec. 2706. Comprehensive accounting of $143,260,000. $733,695,000. funding required to ensure (4) For the Defense Agencies, $3,713,000. (3) For the Department of the Air Force, timely implementation of 2005 SEC. 2702. AUTHORIZED BASE CLOSURE AND RE- $1,183,812,000. Defense Base Closure and Re- ALIGNMENT ACTIVITIES FUNDED (4) For the Defense Agencies, $2,241,062,000. THROUGH DEPARTMENT OF DE- (b) GENERAL REDUCTION.—The amount oth- alignment Commission rec- FENSE BASE CLOSURE ACCOUNT ommendations. 2005. erwise authorized to be appropriated by sub- Sec. 2707. Relocation of units from Roberts Using amounts appropriated pursuant to section (a) is reduced by $133,914,000. United States Army Reserve the authorization of appropriations in sec- SEC. 2704. AUTHORIZED COST AND SCOPE OF Center and Navy-Marine Corps tion 2703, the Secretary of Defense may carry WORK VARIATIONS FOR MILITARY Reserve Center, Baton Rouge, CONSTRUCTION AND MILITARY FAM- out base closure and realignment activities, ILY HOUSING PROJECTS RELATED Louisiana. including real property acquisition and mili- TO BASE CLOSURES AND REALIGN- Sec. 2708. Acquisition of real property, Fort tary construction projects, as authorized by MENTS. Belvoir, Virginia, as part of the the Defense Base Closure and Realignment (a) VARIATIONS AUTHORIZED.—Section 2905A realignment of the installation. Act of 1990 (part A of title XXIX of Public of the Defense Base Closure and Realignment

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00209 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.075 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H236 CONGRESSIONAL RECORD — HOUSE January 16, 2008

Act of 1990 (part A of title XXIX of Public (b) NOTIFICATION AND JUSTIFICATION FOR administrative jurisdiction of the Secretary Law 101–510; 10 U.S.C. 2687 note) is amended TRANSFER.—Subsection (f) of such section is of the Army for the purpose of permitting by adding at the end the following new sub- amended— the Secretary to construct facilities on the section: (1) by striking ‘‘paragraph (1)(B) or (2)(B)’’ property to support administrative functions ‘‘(f) AUTHORIZED COST AND SCOPE OF WORK and inserting ‘‘subparagraph (B) or (G) of to be located at Fort Belvoir, Virginia. VARIATIONS.—(1) Subject to paragraphs (2) paragraph (1) or subparagraph (B) or (G) of (d) IMPLEMENTATION OF GSA PROPERTY and (3), the cost authorized for a military paragraph (2)’’; and TRANSFER.— construction project or military family (2) by adding at the end the following new (1) CONSIDERATION.—As consideration for housing project to be carried out using funds sentence: ‘‘In addition, the notice required in the transfer of the GSA Property under sub- in the Account may not be increased or re- connection with a transfer under subpara- section (c), the Secretary of the Army duced by more than 20 percent or $2,000,000, graph (G) of paragraph (1) or subparagraph shall— whichever is greater, of the amount specified (G) of paragraph (2) shall include a certifi- (A) pay all reasonable costs to move per- for the project in the conference report to cation that the amounts to be transferred sonnel, furnishings, equipment, and other accompany the Military Construction Au- from the Department of Defense Base Clo- material related to the relocation of func- thorization Act authorizing the project. The sure Account 2005 were specified in the con- tions identified by the Administrator; and scope of work for such a project may not be ference report to accompany the most recent (B) if determined to be necessary by the reduced by more than 25 percent from the Military Construction Authorization Act.’’. Administrator— scope specified in the most recent budget documents for the projects listed in such SEC. 2706. COMPREHENSIVE ACCOUNTING OF (i) transfer to the administrative jurisdic- conference report. FUNDING REQUIRED TO ENSURE tion of the Administrator a parcel of prop- ‘‘(2) Paragraph (1) shall not apply to a mili- TIMELY IMPLEMENTATION OF 2005 erty in the National Capital Region under DEFENSE BASE CLOSURE AND RE- tary construction project or military family the jurisdiction of the Secretary and deter- ALIGNMENT COMMISSION REC- mined to be suitable by the Administrator; housing project to be carried out using funds OMMENDATIONS. in the Account with an estimated cost of less (ii) design and construct storage facilities, The Secretary of Defense shall submit to utilities, security measures, and access to a than $5,000,000, unless the project has not Congress with the budget materials for fiscal been previously identified in any budget sub- road infrastructure on the parcel transferred year 2009 a comprehensive accounting of the under clause (i) to meet the requirements of mission for the Account and exceeds the ap- funding required to ensure that the plan for plicable minor construction threshold under the Administrator; and implementing the final recommendations of (iii) enter into a memorandum of agree- section 2805 of title 10, United States Code. the 2005 Defense Base Closure and Realign- ‘‘(3) The limitation on cost or scope vari- ment with the Administrator for support ment Commission remains on schedule for ation in paragraph (1) shall not apply if the services and security at the new facilities completion by September 15, 2011, as re- Secretary of Defense makes a determination constructed pursuant to clause (ii). quired by section 2904(c)(5) of the Defense that an increase or reduction in cost or a re- (2) EQUAL VALUE TRANSFER.—As a condition Base Closure and Realignment Act of 1990 duction in the scope of work for a military of the transfer of the GSA Property under (part A of title XXIX of Public Law 101–510; construction project or military family subsection (c), the transfer agreement shall 10 U.S.C. 2687 note). housing project to be carried out using funds provide that the fair market value of the in the Account needs to be made for the sole SEC. 2707. RELOCATION OF UNITS FROM ROB- GSA Property and the consideration pro- purpose of meeting unusual variations in ERTS UNITED STATES ARMY RE- vided under paragraph (1) shall be equal or, if SERVE CENTER AND NAVY-MARINE cost or scope. If the Secretary makes such a CORPS RESERVE CENTER, BATON not equal, shall be equalized through the use determination, the Secretary shall notify ROUGE, LOUISIANA. of a cash equalization payment. the congressional defense committees of the The Secretary of the Army may use funds (3) DESCRIPTION OF PROPERTY.—The exact variation in cost or scope not later than 21 appropriated pursuant to the authorization acreage and legal description of the GSA days before the date on which the variation of appropriations in paragraphs (1) and (2) of Property shall be determined by surveys sat- is made in connection with the project or, if section 2703 for the purpose of siting an isfactory to the Administrator and the Sec- the notification is provided in an electronic Army Reserve Center and Navy and Marine retary of the Army. medium pursuant to section 480 of title 10, Corps Reserve Center on land under the con- (4) CONGRESSIONAL NOTICE.—Before under- United States Code, not later than 14 days trol of the State of Louisiana adjacent to, or taking an activity under subsection (c) that before the date on which the variation is in the vicinity of, the Baton Rouge Metro- would require approval of a prospectus under made. The Secretary shall include the rea- politan Airport in Baton Rouge, Louisiana, section 3307 of title 40, United States Code, sons for the variation in the notification.’’. at a location determined by the Secretary to the Administrator shall provide to the Com- (b) REPORT ON EXISTING PROJECTS.—Not mittee on Transportation and Infrastructure later than 90 days after the date of the enact- be in the best interest of national security and in the public interest. of the House of Representatives, the Com- ment of this Act, the Secretary of Defense mittee on Environment and Public Works of shall submit to the congressional defense SEC. 2708. ACQUISITION OF REAL PROPERTY, FORT BELVOIR, VIRGINIA, AS PART the Senate, and the congressional defense committees a report specifying all military committees a written notice containing a de- construction projects and military family OF THE REALIGNMENT OF THE IN- STALLATION. scription of the activity to be undertaken. housing projects carried out using funds in (a) ACQUISITION AUTHORITY.—Pursuant to (5) NO EFFECT ON COMPLIANCE WITH ENVIRON- the Department of Defense Base Closure Ac- section 2905(a)(1)(A) of the Defense Base Clo- MENTAL LAWS.—Nothing in this section or count 2005 for which a cost or scope of work sure and Realignment Act of 1990 (part A of subsection (c) may be construed to affect or variation was made before that date that title XXIX of Public Law 101–510; 10 U.S.C. limit the application of or obligation to com- would have been subject to subsection (f) of 2687 note), the relocation of members of the ply with any environmental law, including section 2905A of the Defense Base Closure section 120(h) of the Comprehensive Environ- and Realignment Act of 1990, as added by Armed Forces and civilian employees of the Department of Defense who are scheduled to mental Response, Compensation, and Liabil- this section, if such subsection had been in ity Act of 1980 (42 U.S.C. 9620(h)). effect when the cost or scope of work vari- be relocated to Fort Belvoir, Virginia, shall (6) ADDITIONAL TERMS AND CONDITIONS.— ation was made. The Secretary shall include be limited to the following locations: (1) Fort Belvoir. The Administrator and the Secretary of the a description of each variation covered by Army may require such additional terms and the report and the reasons for the variation. (2) A parcel of real property consisting of approximately 69.5 acres, under the adminis- conditions in connection with the GSA Prop- SEC. 2705. TRANSFER OF FUNDS FROM DEPART- erty transfer as the Administrator, in con- MENT OF DEFENSE BASE CLOSURE trative jurisdiction of the Administrator of ACCOUNT 2005 TO DEPARTMENT OF General Services (in this section referred to sultation with the Secretary, determines ap- DEFENSE HOUSING FUNDS. as the ‘‘Administrator’’) and containing propriate to protect the interests of the (a) TRANSFER AUTHORITY.—Subsection (c) warehouse facilities in Springfield, Virginia United States and further the purposes of of section 2883 of title 10, United States Code, (in this section referred to as the ‘‘GSA this section. is amended— Property’’). (e) ADMINISTRATION OF TRANSFERRED OR (1) in paragraph (1), by adding at the end (3) Any other parcels of land (using includ- ACQUIRED PROPERTY.—Upon completion of the following new subparagraph: ing any improvement thereon) that are ac- any property transfer or acquisition author- ‘‘(G) Subject to subsection (f), any quired, using competitive procedures, in fee ized by subsection (a), the property shall be amounts that the Secretary of Defense in the vicinity of Fort Belvoir. administered by the Secretary of the Army transfers to that Fund from amounts in the (b) ACQUISITION SELECTION CRITERIA.—The as a part of Fort Belvoir. Department of Defense Base Closure Account Secretary of the Army shall select the site (f) STATUS REPORT.—Not later than March 2005.’’; and to be used under subsection (a) based on the 1, 2008, the Secretary of the Army shall sub- (2) in paragraph (2), by adding at the end best value to the Government, and, in mak- mit to the congressional defense committees the following new subparagraph: ing that determination, the Secretary shall a report on the status and estimated costs of ‘‘(G) Subject to subsection (f), any consider cost and schedule. implementing subsection (a). amounts that the Secretary of Defense (c) GSA PROPERTY TRANSFER AUTHOR- SEC. 2709. REPORT ON AVAILABILITY OF TRAFFIC transfers to that Fund from amounts in the IZED.—Pursuant to the relocation alternative INFRASTRUCTURE AND FACILITIES Department of Defense Base Closure Account authorized by subsection (a)(2), the Adminis- TO SUPPORT BASE REALIGNMENT. 2005.’’. trator may transfer the GSA Property to the (a) SENSE OF CONGRESS.—

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(1) DESIGNATION OF DEFENSE ACCESS Subtitle B—Real Property and Facilities Sec. 2873. Report on plans to replace the ROADS.—It is the sense of Congress that Administration monument at the Tomb of the roads leading onto Fort Belvoir, Virginia, Sec. 2821. Requirement to report real prop- Unknowns at Arlington Na- and other military installations that will be erty transactions resulting in tional Cemetery, Virginia. significantly impacted by an increase in the annual costs of more than Sec. 2874. Increased authority for repair, res- number of members of the Armed Forces and $750,000. toration, and preservation of civilian employees of the Department of De- Sec. 2822. Continued consolidation of real Lafayette Escadrille Memorial, fense assigned to the installation as a result property provisions without Marnes-la-Coquette, France. of the 2005 round of defense base closures and substantive change. Sec. 2875. Addition of Woonsocket local pro- realignments under the Defense Base Closure Sec. 2823. Modification of authority to lease tection project. and Realignment Act of 1990 (part A of title non-excess property of the mili- Sec. 2876. Repeal of moratorium on improve- XXIX of Public Law 101–510; 10 U.S.C. 2687 tary departments. ments at Fort Buchanan, Puer- note) or any other significant impact result- Sec. 2824. Cooperative agreement authority to Rico. ing from a realignment of forces should be for management of cultural re- Sec. 2877. Establishment of national mili- considered for designation as defense access sources on certain sites outside tary working dog teams monu- roads for purposes of section 210 of title 23, military installations. ment on suitable military in- United States Code. Sec. 2825. Agreements to limit encroach- stallation. (2) FACILITIES AND INFRASTRUCTURE.—It is ments and other constraints on Sec. 2878. Report required prior to removal the sense of Congress that the Secretary of military training, testing, and of missiles from 564th Missile Defense should seek to ensure that the per- operations. Squadron. manent facilities and infrastructure nec- Sec. 2826. Expansion to all military depart- Sec. 2879. Report on condition of schools essary to support the mission of the Armed ments of Army pilot program under jurisdiction of Depart- Forces and the quality of life needs of mem- for purchase of certain munic- ment of Defense Education Ac- bers of the Armed Forces, civilian employ- ipal services for military instal- tivity. ees, and their families are ready for use at lations. Sec. 2880. Report on facilities and operations receiving locations before units are trans- Sec. 2827. Prohibition on commercial flights of Darnall Army Medical Cen- ferred to such locations as a result of the into Selfridge Air National ter, Fort Hood Military Res- 2005 round of defense base closures and re- Guard Base. ervation, Texas. alignments. Sec. 2828. Sense of Congress on Department Sec. 2881. Report on feasibility of estab- (b) STUDY OF MILITARY INFRASTRUCTURE of Defense actions to protect lishing a regional disaster re- AND SURFACE TRANSPORTATION INFRASTRUC- installations, ranges, and mili- sponse center at Kelly Air TURE.—Not later than April 1, 2008, the tary airspace from encroach- Field, San Antonio, Texas. Comptroller General shall submit to the con- ment. Sec. 2882. Naming of housing facility at Fort gressional defense committees a report with Sec. 2829. Reports on Army and Marine Carson, Colorado, in honor of regard to each military installation that will Corps operational ranges. the Honorable Joel Hefley, a be significantly impacted by an increase in Sec. 2830. Niagara Air Reserve Base, New former member of the United assigned forces or civilian personnel, as de- York, basing report. States House of Representa- scribed in subsection (a), for the purpose of Sec. 2831. Report on the Pinon Canyon Ma- tives. determining whether— neuver Site, Colorado. Sec. 2883. Naming of Navy and Marine Corps (1) military facility requirements (includ- Subtitle C—Land Conveyances Reserve Center at Rock Island, ing quality of life projects) will be met be- Sec. 2841. Modification of conveyance au- Illinois, in honor of the Honor- fore the arrival of assigned forces; and thority, Marine Corps Base, able Lane Evans, a former (2) the Department of Defense has pro- Camp Pendleton, California. member of the United States grammed sufficient funding to mitigate com- Sec. 2842. Grant of easement, Eglin Air House of Representatives. munity traffic congestion in accordance with Force Base, Florida. Sec. 2884. Naming of research laboratory at the defense access roads program under sec- Sec. 2843. Land conveyance, Lynn Haven Air Force Rome Research Site, tion 210 of title 23, United States Code. Fuel Depot, Lynn Haven, Flor- Rome, New York, in honor of TITLE XXVIIII—MILITARY CONSTRUCTION ida. the Honorable Sherwood L. Sec. 2844. Modification of lease of property, GENERAL PROVISIONS Boehlert, a former member of National Flight Academy at the United States House of Rep- Subtitle A—Military Construction Program the National Museum of Naval resentatives. and Military Family Housing Changes Aviation, Naval Air Station, Sec. 2885. Naming of administration build- Sec. 2801. Authority to use operation and Pensacola, Florida. ing at Joint Systems Manufac- maintenance funds for con- Sec. 2845. Land exchange, Detroit, Michigan. turing Center, Lima, Ohio, in struction projects outside the Sec. 2846. Transfer of jurisdiction, former honor of the Honorable Michael United States. Nike missile site, Grosse Ile, G. Oxley, a former member of Sec. 2802. Clarification of requirement for Michigan. the United States House of Rep- authorization of military con- Sec. 2847. Modification to land conveyance resentatives. struction. authority, Fort Bragg, North Sec. 2886. Naming of Logistics Automation Sec. 2803. Increase in thresholds for unspec- Carolina. Training Facility, Army Quar- ified minor military construc- Sec. 2848. Land conveyance, Lewis and Clark termaster Center and School, tion projects. United States Army Reserve Fort Lee, Virginia, in honor of Sec. 2804. Temporary authority to support Center, Bismarck, North Da- General Richard H. Thompson. revitalization of Department of kota. Sec. 2887. Authority to relocate Joint Spec- Defense laboratories through Sec. 2849. Land exchange, Fort Hood, Texas. trum Center to Fort Meade, unspecified minor military con- Subtitle D—Energy Security Maryland. struction projects. Sec. 2861. Repeal of congressional notifica- Subtitle A—Military Construction Program Sec. 2805. Extension of authority to accept tion requirement regarding and Military Family Housing Changes equalization payments for facil- cancellation ceiling for Depart- SEC. 2801. AUTHORITY TO USE OPERATION AND ity exchanges. ment of Defense energy savings MAINTENANCE FUNDS FOR CON- Sec. 2806. Modifications of authority to lease performance contracts. STRUCTION PROJECTS OUTSIDE military family housing. Sec. 2862. Definition of alternative fueled ve- THE UNITED STATES. Sec. 2807. Expansion of authority to ex- hicle. (a) ONE-YEAR EXTENSION OF AUTHORITY.— change reserve component fa- Sec. 2863. Use of energy efficient lighting Subsection (a) of section 2808 of the Military cilities. fixtures and bulbs in Depart- Construction Authorization Act for Fiscal Sec. 2808. Limitation on use of alternative ment of Defense facilities. Year 2004 (division B of Public Law 108–136; authority for acquisition and Sec. 2864. Reporting requirements relating 117 Stat. 1723), as amended by section 2810 of improvement of military hous- to renewable energy use by De- the Military Construction Authorization Act ing for privatization of tem- partment of Defense to meet for Fiscal Year 2005 (division B of Public Law porary lodging facilities. Department electricity needs. 108–375; 118 Stat. 2128), section 2809 of the Sec. 2809. Two-year extension of temporary Subtitle E—Other Matters Military Construction Authorization Act for program to use minor military Sec. 2871. Revised deadline for transfer of Fiscal Year 2006 (division B of Public Law construction authority for con- Arlington Naval Annex to Ar- 109–163; 119 Stat. 3508), and section 2802 of the struction of child development lington National Cemetery. Military Construction Authorization Act for centers. Sec. 2872. Transfer of jurisdiction over Air Fiscal Year 2007 (division B of Public Law Sec. 2810. Report on housing privatization Force Memorial to Department 109–364; 120 Stat. 2466), is further amended by initiatives. of the Air Force. striking ‘‘2007’’ and inserting ‘‘2008’’.

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(b) PRENOTIFICATION REQUIREMENT.—Sub- (2) by inserting after subsection (c) the fol- (3) by adding at the end the following new section (b) of such section is amended by lowing new subsection (d): paragraph: striking the first sentence and inserting the ‘‘(d) LABORATORY REVITALIZATION.—(1) For ‘‘(7)(A) Not more than 600 housing units following new sentences: ‘‘Before using ap- the revitalization and recapitalization of may be leased by the Secretary of the Army propriated funds available for operation and laboratories owned by the United States and under subsection (a) for which the expendi- maintenance to carry out a construction under the jurisdiction of the Secretary con- ture for the rental of such units (including project outside the United States that has an cerned, the Secretary concerned may obli- the cost of utilities, maintenance, and oper- estimated cost in excess of the amounts au- gate and expend— ation) exceeds the maximum amount per thorized for unspecified minor military con- ‘‘(A) from appropriations available to the unit per year in effect under paragraph (2) struction projects under section 2805(c) of Secretary concerned for operation and main- but does not exceed $18,620 per unit per year, title 10, United States Code, the Secretary of tenance, amounts necessary to carry out an as adjusted from time to time under para- Defense shall submit to the congressional unspecified minor military construction graph (5). committees specified in subsection (f) a no- project costing not more than $2,000,000; or ‘‘(B) The maximum lease amount provided tice regarding the construction project. The ‘‘(B) from appropriations available to the in subparagraph (A) shall apply only to project may be carried out only after the end Secretary concerned for military construc- Army family housing in areas designated by of the 10-day period beginning on the date tion not otherwise authorized by law, the Secretary of the Army. ‘‘(C) The term of a lease under subpara- the notice is received by the committees or, amounts necessary to carry out an unspec- graph (A) may not exceed 2 years.’’. if earlier, the end of the 7-day period begin- ified minor military construction project (b) FOREIGN MILITARY FAMILY HOUSING ning on the date on which a copy of the noti- costing not more than $4,000,000. ‘‘(2) For an unspecified minor military con- LEASES.—Subsection (e)(2) of such section is fication is provided in an electronic medium amended by striking ‘‘the Secretary of the pursuant to section 480 of title 10, United struction project conducted pursuant to this subsection, $2,000,000 shall be deemed to be Navy may lease not more than 2,800 units of States Code.’’. family housing in Italy, and the Secretary of (c) ANNUAL LIMITATION ON USE OF AUTHOR- the amount specified in subsection (b)(1) re- garding when advance approval of the the Army may lease not more than 500 units ITY.—Subsection (c) of such section is of family housing in Italy’’ and inserting amended to read as follows: project by the Secretary concerned and con- gressional notification is required. The Sec- ‘‘the Secretaries of the military departments ‘‘(c) ANNUAL LIMITATION ON USE OF AU- retary of Defense shall establish procedures may lease not more than 3,300 units of fam- THORITY.—The total cost of the construction for the review and approval of requests from ily housing in Italy’’. projects carried out under the authority of the Secretary of a military department to (c) INCREASED THRESHOLD FOR CONGRES- this section using, in whole or in part, appro- carry out a construction project under this SIONAL NOTIFICATION FOR FOREIGN MILITARY priated funds available for operation and subsection. FAMILY HOUSING LEASES.—Subsection (f) of maintenance shall not exceed $200,000,000 in a ‘‘(3) For purposes of this subsection, the such section is amended by striking fiscal year.’’. total amount allowed to be applied in any ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. (d) CONFORMING AMENDMENT.—Subsection one fiscal year to projects at any one labora- (d) REPORT REQUIRED.—Not later than (g) of such section is amended by striking tory shall be limited to the larger of the March 1, 2008, the Secretary of Defense shall ‘‘notice of the’’ and inserting ‘‘advance no- amounts applicable under paragraph (1). submit to the congressional defense commit- tice of the proposed’’. ‘‘(4) Not later than February 1, 2010, the tees a report on the rental of family housing (e) RATIFICATION OF PROPOSED CONSTRUC- Secretary of Defense shall submit to the con- in foreign countries (including the costs of TION AND LAND ACQUISITION PROJECTS USING gressional defense committees a report on utilities, maintenance, and operations) that FISCAL YEAR 2007 OPERATION AND MAINTE- the use of the authority provided by this sub- exceed $60,000 per unit per year. The report NANCE FUNDS.—The nine construction section. The report shall include a list and shall include a list and description of rental projects outside the United States proposed description of the construction projects car- units (including total gross square feet and to be carried out using funds appropriated to ried out under this subsection, including the number of bedrooms), location, rental cost, the Department of Defense for operation and location and cost of each project. the requirement for the rental, and the op- maintenance for fiscal year 2007, but for ‘‘(5) In this subsection, the term ‘labora- tions that the Secretary has available to de- which the obligation or expenditure of funds tory’ includes— crease the costs associated with the rentals. was prohibited by subsection (g) of section ‘‘(A) a research, engineering, and develop- SEC. 2807. EXPANSION OF AUTHORITY TO EX- 2808 of the Military Construction Authoriza- ment center; and CHANGE RESERVE COMPONENT FA- tion Act for Fiscal Year 2004 (division B of ‘‘(B) a test and evaluation activity. CILITIES. Public Law 108–136; 117 Stat. 1723), as added ‘‘(6) The authority to carry out a project Section 18240(a) of title 10, United States by section 2809 of the Military Construction under this subsection expires on September Code, is amended by striking ‘‘with a State’’ Authorization Act for Fiscal Year 2006 (divi- 30, 2012.’’. in the first sentence and inserting ‘‘with an sion B of Public Law 109–163; 119 Stat. 3508), (b) STYLISTIC AMENDMENTS.—Such section Executive agency (as defined in section 105 of may be carried out using such funds after is further amended— title 5), the United States Postal Service, or the date of the enactment of this Act not- (1) in subsection (a), by inserting ‘‘AUTHOR- a State’’. withstanding such subsection (g). ITY TO CARRY OUT UNSPECIFIED MINOR MILI- SEC. 2808. LIMITATION ON USE OF ALTERNATIVE SEC. 2802. CLARIFICATION OF REQUIREMENT TARY CONSTRUCTION PROJECTS.—’’ after AUTHORITY FOR ACQUISITION AND FOR AUTHORIZATION OF MILITARY ‘‘(a)’’; IMPROVEMENT OF MILITARY HOUS- CONSTRUCTION. (2) in subsection (b), by inserting ‘‘AP- ING FOR PRIVATIZATION OF TEM- (a) CLARIFICATION OF REQUIREMENT FOR AU- PROVAL AND CONGRESSIONAL NOTIFICATION.—’’ PORARY LODGING FACILITIES. THORIZATION.—Section 2802(a) of title 10, after ‘‘(b)’’; (a) LIMITATION ON PRIVATIZATION OF TEM- United States Code, is amended by inserting (3) in subsection (c), by inserting ‘‘USE OF PORARY LODGING FACILITIES.—Notwith- after ‘‘military construction projects’’ the OPERATION AND MAINTENANCE FUNDS.—’’ standing any other provision of subchapter following: ‘‘, land acquisitions, and defense after ‘‘(c)’’; and IV of chapter 169 of title 10, United States access road projects (as described under sec- (4) in subsection (e), as redesignated by Code, the privatization of temporary lodging tion 210 of title 23)’’. subsection (a)(1), by inserting ‘‘PROHIBITION facilities under such subchapter is limited to (b) CLARIFICATION OF DEFINITION.—Section ON USE FOR NEW HOUSING UNITS.—’’ after the military installations authorized in sub- 2801(a) of such title is amended by inserting ‘‘(e)’’. section (b) until 120 days after the date on after ‘‘permanent requirements’’ the fol- SEC. 2805. EXTENSION OF AUTHORITY TO ACCEPT which the report described in subsection lowing: ‘‘, or any acquisition of land or con- EQUALIZATION PAYMENTS FOR FA- (d)(1) is submitted. struction of a defense access road (as de- CILITY EXCHANGES. (b) AUTHORIZED INSTALLATIONS.—The mili- scribed in section 210 of title 23)’’. Section 2809(c)(5) of the Military Construc- tary installations at which the privatization tion Authorization Act for Fiscal Year 2005 of temporary lodging facilities may proceed SEC. 2803. INCREASE IN THRESHOLDS FOR UN- SPECIFIED MINOR MILITARY CON- (division B of Public Law 108–375; 118 Stat. under subsection (a) are the following: STRUCTION PROJECTS. 2127) is amended by striking ‘‘September 30, (1) Redstone Arsenal, Alabama. Section 2805(a)(1) of title 10, United States 2007’’ and inserting ‘‘September 30, 2010’’. (2) Fort Rucker, Alabama. Code, is amended by striking ‘‘$1,500,000’’ and SEC. 2806. MODIFICATIONS OF AUTHORITY TO (3) Yuma Proving Ground, Arizona. inserting ‘‘$2,000,000’’. LEASE MILITARY FAMILY HOUSING. (4) Fort McNair, District of Columbia. (a) INCREASED MAXIMUM LEASE AMOUNT AP- (5) Fort Shafter, Hawaii. SEC. 2804. TEMPORARY AUTHORITY TO SUPPORT PLICABLE TO CERTAIN DOMESTIC ARMY FAMILY REVITALIZATION OF DEPARTMENT (6) Tripler Army Medical Center, Hawaii. OF DEFENSE LABORATORIES HOUSING LEASES.—Subsection (b) of section (7) Fort Leavenworth, Kansas. THROUGH UNSPECIFIED MINOR 2828 of title 10, United States Code, is amend- (8) Fort Riley, Kansas. MILITARY CONSTRUCTION ed— (9) Fort Polk, Louisiana. PROJECTS. (1) in paragraph (2), by striking ‘‘para- (10) Fort Sill, Oklahoma. (a) LABORATORY REVITALIZATION.—Section graphs (3) and (4)’’ and inserting ‘‘paragraphs (11) Fort Hood, Texas. 2805 of title 10, United States Code, is amend- (3), (4), and (7)’’; (12) Fort Sam Houston, Texas. ed— (2) in paragraph (5), by striking ‘‘para- (13) Fort Myer, Virginia. (1) by redesignating subsection (d) as sub- graphs (2) and (3)’’ and inserting ‘‘paragraphs (c) EFFECT OF LIMITATION.—The limitation section (e); and (2), (3), and (7)’’; and imposed by subsection (a) prohibits the

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(9) The names of the developers for the (a) ELIMINATION OF AUTHORITY TO ACCEPT (d) REPORTING REQUIREMENTS.— project and any history of previous defaults FACILITIES OPERATION SUPPORT AS IN-KIND (1) REPORT BY SECRETARY OF THE ARMY.— or bankruptcies by these developers or their CONSIDERATION.—Subsection (c)(1) of section Not earlier than eight months after the date affiliates. 2667 of title 10, United States Code, is amend- ed— on which the notice of transfer associated (c) HOUSING PRIVATIZATION TRANSACTION (1) by redesignating subparagraph (E) as with the military installations specified in DEFINED.—In this section, the term ‘‘housing subsection (b) is issued, the Secretary of the privatization transaction’’ means any con- subparagraph (F); and Army shall submit to the congressional de- tract or other transaction for the construc- (2) by striking subparagraph (D) and in- fense committees and the Comptroller Gen- tion or acquisition of military family hous- serting the following new subparagraphs: eral a report that— ing or military unaccompanied housing en- ‘‘(D) Provision or payment of utility serv- (A) describes the implementation of the tered into under the authority of subchapter ices for the Secretary concerned. privatization of temporary lodging facilities IV of chapter 169 of title 10, United States ‘‘(E) Provision of real property mainte- at the installations specified in subsection Code. nance services for the Secretary concerned.’’. (b); (b) ELIMINATION OF AUTHORITY TO USE (B) evaluates the efficiency of the pro- Subtitle B—Real Property and Facilities RENTAL AND CERTAIN OTHER PROCEEDS FOR gram; and Administration FACILITIES OPERATION SUPPORT.—Subsection (C) contains such recommendations as the SEC. 2821. REQUIREMENT TO REPORT REAL (e)(1)(C) of such section is amended— Secretary considers appropriate regarding PROPERTY TRANSACTIONS RESULT- (1) by adjusting the margins of clauses (ii) expansion of the program. ING IN ANNUAL COSTS OF MORE and (iii) to conform to the margin of clause THAN $750,000. (2) REPORT BY COMPTROLLER GENERAL.—Not (i); and later than 90 days after receiving the report (a) INCLUSION OF TRANSACTIONS INVOLVING (2) by striking clause (iv) and inserting the under paragraph (1), the Comptroller General DEFENSE AGENCIES.— following new clauses: shall submit to the congressional defense (1) REQUIREMENT TO REPORT.—Subsection ‘‘(iv) Payment of utility services. committees a review of both the privatiza- (a) of section 2662 of title 10, United States ‘‘(v) Real property maintenance services.’’. tion of temporary lodging facilities and the Code, is amended— (c) USE OF COMPETITIVE PROCEDURES FOR report of the Secretary. (A) in paragraph (1), by striking ‘‘, or his SELECTION OF CERTAIN LESSEES.—Subsection SEC. 2809. TWO-YEAR EXTENSION OF TEMPORARY designee,’’ and inserting ‘‘or, with respect to (h) of such section is amended— PROGRAM TO USE MINOR MILITARY a Defense Agency, the Secretary of Defense’’; (1) in paragraph (1), by striking ‘‘exceeds CONSTRUCTION AUTHORITY FOR and one year, and the fair market value of the CONSTRUCTION OF CHILD DEVEL- (B) in paragraph (3), by inserting after lease’’ and inserting ‘‘exceeds one year, or OPMENT CENTERS. ‘‘military department’’ the following: ‘‘or the fair market value of the lease’’; (a) EXTENSION.—Subsection (e) of section the Secretary of Defense’’. (2) by redesignating paragraph (3) as para- 2810 of the Military Construction Authoriza- (2) ANNUAL REPORT REGARDING MINOR graph (4); and tion Act for Fiscal Year 2006 (division B of TRANSACTIONS.—Subsection (b) of such sec- (3) by striking paragraph (2) and inserting Public Law 109–163; 119 Stat. 3510) is amended tion is amended by inserting after ‘‘military the following new paragraphs: by striking ‘‘September 30, 2007’’ and insert- department’’ the following: ‘‘and, with re- ‘‘(2) Paragraph (1) does not apply if the ing ‘‘September 30, 2009’’. spect to Defense Agencies, the Secretary of Secretary concerned determines that— (b) REPORT REQUIRED.—Subsection (d) of Defense’’. ‘‘(A) a public interest will be served as a such section is amended by striking ‘‘March (3) EXCEPTIONS.—Subsection (g) of such result of the lease; and 1, 2007’’ and inserting ‘‘March 1, 2009’’. section is amended by adding at the end the ‘‘(B) the use of competitive procedures for SEC. 2810. REPORT ON HOUSING PRIVATIZATION following new paragraph: the selection of certain lessees is INITIATIVES. ‘‘(4) In this subsection, the term ‘Secretary unobtainable or not compatible with the (a) REPORT REQUIRED.—Not later than concerned’ includes, with respect to Defense public benefit served under subparagraph March 31, 2008, the Comptroller General shall Agencies, the Secretary of Defense.’’. (A). submit to the Committees on Armed Serv- (b) INCLUSION OF ADDITIONAL TRANS- ‘‘(3) Not later than 45 days before entering ices of the Senate and the House of Rep- ACTION.—Subsection (a)(1) of such section is into a lease described in paragraph (1), the resentatives a report containing— amended by adding at the end the following Secretary concerned shall submit to Con- (1) a list of all housing privatization trans- new subparagraph: gress written notice describing the terms of actions carried out by the Department of De- ‘‘(G) Any transaction or contract action the proposed lease and— fense that, as of such date, are behind sched- that results in, or includes, the acquisition ‘‘(A) the competitive procedures used to se- ule or in default; and or use by, or the lease or license to, the lect the lessee; or (2) recommendations regarding the oppor- United States of real property, if the esti- ‘‘(B) in the case of a lease involving the tunities for the Federal Government to en- mated annual rental or cost for the use of public benefit exception authorized by para- sure that all terms of each housing privatiza- the real property is more than $750,000.’’. graph (2), a description of the public benefit tion transaction are completed according to to be served by the lease.’’. SEC. 2822. CONTINUED CONSOLIDATION OF REAL the original schedule and budget. (d) TECHNICAL AMENDMENTS RELATED TO (b) SPECIFIC INFORMATION REGARDING EACH PROPERTY PROVISIONS WITHOUT SUBSTANTIVE CHANGE. PRIOR-YEAR AMENDMENT.—Subsection (e) of TRANSACTION.—For each housing privatiza- such section is amended— (a) CONSOLIDATION.—Section 2663 of title 10, tion transaction included in the report re- (1) in paragraph (1)(B)(ii), by striking quired by subsection (a), the report shall pro- United States Code, is amended by adding at the end the following new subsection: ‘‘paragraph (4), (5), or (6)’’ and inserting vide a description of the following: ‘‘paragraph (3), (4), or (5)’’; and ‘‘(h) LAND ACQUISITION OPTIONS IN ADVANCE (1) The reasons for schedule delays, cost (2) by redesignating paragraphs (4), (5), and OF MILITARY CONSTRUCTION PROJECTS.—(1) overruns, or default. (6) as paragraphs (3), (4), and (5). (2) How solicitations and competitions The Secretary of a military department may acquire an option on a parcel of real prop- SEC. 2824. COOPERATIVE AGREEMENT AUTHOR- were conducted for the project. ITY FOR MANAGEMENT OF CUL- (3) How financing, partnerships, legal ar- erty before or after its acquisition is author- TURAL RESOURCES ON CERTAIN rangements, leases, or contracts in relation ized by law, if the Secretary considers it SITES OUTSIDE MILITARY INSTALLA- to the project were structured. suitable and likely to be needed for a mili- TIONS. (4) Which entities, including Federal enti- tary project of the military department (a) EXPANDED AUTHORITY.—Section 2684 of ties, are bearing financial risk for the under the jurisdiction of the Secretary. title 10, United States Code, is amended— project, and to what extent. ‘‘(2) As consideration for an option ac- (1) in subsection (a), by striking ‘‘on mili- (5) The remedies available to the Federal quired under paragraph (1), the Secretary tary installations’’ and inserting ‘‘located on Government to restore the transaction to may pay, from funds available to the mili- a site authorized by subsection (b)’’; schedule or ensure completion of the terms tary department under the jurisdiction of (2) by redesignating subsections (b) and (c) of the transaction in question at the earliest the Secretary for real property activities, an as subsections (c) and (d), respectively; and possible time. amount that is not more than 12 percent of (3) by inserting after subsection (a) the fol- (6) The extent to which the Federal Gov- the appraised fair market value of the prop- lowing new subsection (b): ernment has the ability to affect the per- erty.’’. ‘‘(b) AUTHORIZED CULTURAL RESOURCES formance of various parties involved in the (b) REPEAL OF SUPERSEDED PROVISION.— SITES.—To be covered by a cooperative project. (1) REPEAL.—Section 2677 of such title is agreement under subsection (a), cultural re- (7) The remedies available to subcontrac- repealed. sources must be located— tors to recoup liens in the case of default, (2) CLERICAL AMENDMENT.—The table of ‘‘(1) on a military installation; or non-payment by the developer or other party sections at the beginning of chapter 159 of ‘‘(2) on a site outside of a military installa- to the transaction or lease agreement, or re- such title is amended by striking the item tion, but only if the cooperative agreement structuring. relating to section 2677. will directly relieve or eliminate current or

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00213 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.076 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H240 CONGRESSIONAL RECORD — HOUSE January 16, 2008 anticipated restrictions that would or might SEC. 2826. EXPANSION TO ALL MILITARY DEPART- mutual concern with other Federal agencies restrict, impede, or otherwise interfere, MENTS OF ARMY PILOT PROGRAM charged with managing Federal land; and whether directly or indirectly, with current FOR PURCHASE OF CERTAIN MUNIC- (3) ensure that each military department or anticipated military training, testing, or IPAL SERVICES FOR MILITARY IN- takes full advantage of the authorities pro- STALLATIONS. operations on a military installation.’’. vided by section 2684a of title 10, United (a) EXPANSION OF PILOT PROGRAM.—Section States Code, in addressing encroachment ad- (b) CULTURAL RESOURCE DEFINED.—Sub- 325 of the Ronald W. Reagan National De- versely affecting, or threatening to adversely section (d) of such section, as redesignated fense Authorization Act for Fiscal Year 2005 affect, the installations, ranges, and military (Public Law 108–375; 10 U.S.C. 2461 note) is by subsection (a)(2), is amended by adding at airspace of the department. the end the following new paragraph: amended— (c) REPORTING REQUIREMENT.—Not later (1) in the section heading, by striking ‘‘(5) An Indian sacred site, as defined in than 90 days after the date of the enactment ‘‘ARMY’’ and inserting ‘‘MILITARY’’; section 1(b)(iii) of Executive Order No. of this Act, the Secretary of Defense shall re- (2) in subsection (a)— 13007.’’. view Chapter 6 of the initial report sub- (A) by striking ‘‘Secretary of the Army’’ mitted to Congress under section 2684a(g) of SEC. 2825. AGREEMENTS TO LIMIT ENCROACH- and inserting ‘‘Secretary of a military de- title 10, United States Code, and report to MENTS AND OTHER CONSTRAINTS partment’’; and ON MILITARY TRAINING, TESTING, the congressional defense committees on the (B) by striking ‘‘an Army installation’’ and AND OPERATIONS. specific steps, if any, that the Secretary inserting ‘‘a military installation under the plans to take, or recommends that Congress (a) MANAGEMENT OF NATURAL RESOURCES jurisdiction of the Secretary’’; and take, to address the issues raised in such OF ACQUIRED PROPERTY.—Subsection (d) of (3) in subsection (d), by striking ‘‘The Sec- chapter. section 2684a of title 10, United States Code, retary’’ and inserting ‘‘The Secretary of a is amended— military department’’. SEC. 2829. REPORTS ON ARMY AND MARINE CORPS OPERATIONAL RANGES. (1) by redesignating paragraphs (3), (4), (5), (b) PARTICIPATING INSTALLATIONS.—Sub- and (6) as paragraphs (4), (5), (6), and (7), re- section (c) of such section is amended by (a) REPORT ON UTILIZATION AND POTENTIAL spectively; and striking ‘‘two Army installations’’ and in- EXPANSION OF ARMY OPERATIONAL RANGES.— (2) by inserting after paragraph (2) the fol- serting ‘‘three military installations from Not later than 180 days after the date of the lowing new paragraph (3): each military service’’. enactment of this Act, the Secretary of the (c) EXTENSION OF DURATION OF PROGRAM.— Army shall submit to the congressional de- ‘‘(3) An agreement with an eligible entity Such section is further amended by striking fense committees a report containing an as- under this section may provide for the man- subsections (e) and (f) and inserting the fol- sessment of the Army operational ranges agement of natural resources on real prop- lowing new subsection: used to support training and range activities erty in which the Secretary concerned ac- ‘‘(e) TERMINATION OF PILOT PROGRAM.—The of the Army. The report shall include the fol- quires any right, title, or interest in accord- pilot program shall terminate on September lowing information: ance with this subsection and for the pay- 30, 2012. Any contract entered into under the (1) The size, description, and mission-es- ment by the United States of all or a portion pilot program shall terminate not later than sential tasks supported by each Army oper- of the costs of such natural resource man- that date.’’. ational range during fiscal year 2003. (2) A description of the projected changes agement if the Secretary concerned deter- SEC. 2827. PROHIBITION ON COMMERCIAL in Army operational range requirements, in- mines that there is a demonstrated need to FLIGHTS INTO SELFRIDGE AIR NA- cluding the size, characteristics, and at- preserve or restore habitat for the purpose TIONAL GUARD BASE. The Secretary of Defense shall prohibit the tributes for mission-essential activities at described in subsection (a)(2).’’. use of Selfridge Air National Guard Base by each Army operational range and the extent (b) LIMITATION ON PORTION OF ACQUISITION commercial service aircraft. to which any changes in requirements are a result of— COSTS BORNE BY UNITED STATES.—Paragraph SEC. 2828. SENSE OF CONGRESS ON DEPART- (4) of such subsection, as redesignated by MENT OF DEFENSE ACTIONS TO (A) decisions made as part of the 2005 subsection (a)(1), is amended— PROTECT INSTALLATIONS, RANGES, round of defense base closure and realign- (1) by redesignating subparagraph (D) as AND MILITARY AIRSPACE FROM EN- ment under the Defense Base Closure and Re- subparagraph (E); CROACHMENT. alignment Act of 1990 (part A of title XXIX (2) in subparagraph (C), by striking ‘‘equal (a) FINDINGS.—In light of the initial report of Public Law 101–510; 10 U.S.C. 2687 note); to the fair market value’’ and all that fol- of the Department of Defense submitted pur- (B) the conversion of Army brigades to a lows through the period at the end and in- suant to section 2684a(g) of title 10, United modular format; serting ‘‘equal to, at the discretion of the States Code, and of the RAND Corporation (C) the Integrated Global Presence and Secretary concerned— report entitled ‘‘The Thin Green Line: An Basing Strategy; ‘‘(i) the fair market value of any property Assessment of DoD’s Readiness and Environ- (D) the proposal contained in the budget or interest in property to be transferred to mental Protection Initiative to Buffer In- justification materials submitted in support the United States upon the request of the stallation Encroachment’’, Congress makes of the Department of Defense budget for fis- Secretary concerned under paragraph (5); or the following findings: cal year 2008 to increase the size of the ac- ‘‘(ii) the cumulative fair market value of (1) Development and loss of habitat in the tive component of the Army to 547,400 per- all properties or interests to be transferred vicinity of, or in areas ecologically related sonnel by the end of fiscal year 2012 and any to the United States under paragraph (5) pur- to, military installations, ranges, and air- modification or acceleration contemplated suant to an agreement under subsection space pose a continuing and significant in the budget submission for fiscal year 2009; (a).’’; and threat to the readiness of the Armed Forces. or (3) by inserting after subparagraph (C) the (2) The Range Sustainability Program (E) high operational tempos or surge re- following new subparagraph: (RSP) of the Department of Defense, and in quirements. particular the Readiness and Environmental (3) The projected deficit or surplus of land ‘‘(D) The portion of acquisition costs borne Protection Initiative (REPI) involving agree- at each Army operational range, and a de- by the United States under subparagraph (A) ments pursuant to section 2684a of title 10, scription of the Army’s plan to address that may exceed the amount determined under United States Code, have been effective in projected deficit or surplus of land as well as subparagraph (C), but only if— addressing this threat to readiness with re- the upgrade of range attributes at each ex- ‘‘(i) the Secretary concerned provides writ- gard to a number of important installations, isting Army operational range. ten notice to the Committee on Armed Serv- ranges, and airspace. (4) A description of the Army’s ices of the Senate and the Committee on (3) The opportunities to take effective ac- prioritization process and investment strat- Armed Services of the House of Representa- tion to protect installations, ranges, and air- egy to address the potential expansion or up- tives containing— space from encroachment is in many cases grade of Army operational ranges. ‘‘(I) a certification by the Secretary that transient, and delay in taking action will re- (5) An analysis of alternatives to the ex- the military value to the United States of sult in either higher costs or permanent loss pansion of Army operational ranges, includ- the property or interest to be acquired justi- of the opportunity effectively to address en- ing an assessment of the joint use of oper- fies a payment in excess of the fair market croachment. ational ranges under the jurisdiction, cus- value of the property or interest; and (b) SENSE OF CONGRESS.—It is the sense of tody, or control of the Secretary of another ‘‘(II) a description of the military value to Congress that the Department of Defense military department. be obtained; and should— (6) An analysis of the cost of, potential ‘‘(ii) the contribution toward the acquisi- (1) develop additional policy guidance on military value of, and potential legal or tion costs of the property or interest is not the further implementation of the Readiness practical impediments to, the expansion of made until at least 14 days after the date on and Environmental Protection Initiative the Joint Readiness Training Center at Fort which the notice is submitted under clause (REPI), to include additional emphasis on Polk, Louisiana, through the acquisition of (i) or, if earlier, at least 10 days after the protecting biodiversity and on further refin- additional land adjacent to or in the vicinity date on which a copy of the notice is pro- ing procedures; of the installation. vided in an electronic medium pursuant to (2) give greater emphasis to effective co- (7) An analysis of the impact of the pro- section 480 of this title.’’. operation and collaboration on matters of posal described in paragraph (2)(D) on the

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00214 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.076 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H241 plan developed prior to such proposal to relo- Corps in order to gain efficiencies in invest- (II) an analysis of the maximum annual cate forces from Germany to the United ment and resource allocation. training load at the Site, without expanding States and vacate installations in Germany (2) An analysis of training requirements the Site; and as part of the Integrated Global Presence for the Army and the Marine Corps that (III) an analysis of the training load and and Basing Strategy, including a compara- could be accomplished through joint use of projected training calendar at the Site when tive analysis of— existing ranges. all brigades stationed or planned to be sta- (A) the projected utilization of the three (3) An analysis of the responses provided tioned at Fort Carson are at home station. combat training centers of the Army if all of by the Secretary of the Army under sub- (B) A report of need for any proposed addi- the six light infantry brigades proposed to be section (a)(5) and the Secretary of the Navy tion of training land to support units sta- added to the active component of the Army subsection (b)(5). tioned or planned to be stationed at Fort would be based in the United States; and (4) Any other matter that the Secretary of Carson, including the following: (B) the projected utilization of such ranges Defense considers to be of importance to en- (i) A description of additional training ac- if at least one of those brigades would be sure the effective and timely expansion of tivities, and their benefits to operational based in Germany or if one of the brigades ranges to meet Army and Marine Corps readiness, which would be conducted by proposed to be relocated pursuant to the training requirements. units stationed at Fort Carson if, through plan in paragraph (a)(2)(C) is retained in Ger- leases or acquisition from consenting land- (d) DEFINITIONS.—In this section: many. (1) The term ‘‘Army operational range’’ owners, the Site were expanded to include— (8) If the analysis required by paragraph (7) has the meaning given the term ‘‘operational (I) the parcel of land identified as ‘‘Area indicates that the Joint Multi-National range’’ in section 101(e)(3) of title 10, United A’’ in the Potential PCMS Land expansion Readiness Center in Hohenfels, Germany, or States Code, except that the term is limited map; (II) the parcel of land identified as ‘‘Area the Army’s training complex at to operational ranges under the jurisdiction, B’’ in the Potential PCMS Land expansion Grafenwoehr, Germany, would not be fully custody, or control of the Secretary of the map; utilized under the basing scenarios analyzed, Army. (III) the parcels of land identified as ‘‘Area an estimate of the cost to replicate the (2) The term ‘‘Marine Corps operational A’’ and ‘‘Area B’’ in the Potential PCMS training capability at that center in another range’’ has the meaning given the term Land expansion map; location. ‘‘operational range’’ in section 101(e)(3) of (b) REPORT ON POTENTIAL EXPANSION OF (IV) acreage sufficient to allow simulta- such title, except that the term is limited to MARINE CORPS OPERATIONAL RANGES.—Not neous exercises of a light infantry brigade operational ranges under the jurisdiction, later than 180 days after the date of the en- and a heavy infantry brigade at the Site; custody, or control of the Secretary of the actment of this Act, the Secretary of the (V) acreage sufficient to allow simulta- Navy shall submit to the congressional de- Navy that are used by or available for use by neous exercises of two heavy infantry bri- fense committees a report containing an as- the Marine Corps. gades at the Site; sessment of Marine Corps operational ranges (3) The term ‘‘range activities’’ has the (VI) acreage sufficient to allow simulta- used to support training and range activities meaning given that term in section 101(e)(2) neous exercises of a light infantry brigade of the Marine Corps. The report required of such title. and a battalion at the Site; and shall include the following information: SEC. 2830. NIAGARA AIR RESERVE BASE, NEW (VII) acreage sufficient to allow simulta- (1) The size, description, and mission-es- YORK, BASING REPORT. neous exercises of a heavy infantry brigade sential tasks supported by each major Ma- Not later than March 1, 2008, the Secretary and a battalion at the Site. rine Corps operational range during fiscal of the Air Force shall submit to the congres- (ii) An analysis of alternatives for acquir- year 2003. sional defense committees a report con- ing or utilizing training land at other instal- (2) A description of the projected changes taining a detailed plan of the current and fu- lations in the United States to support train- in Marine Corps operational range require- ture aviation assets that the Secretary ex- ing activities of units stationed at Fort Car- ments, including the size, characteristics, pects will be based at Niagara Air Reserve son. and attributes for mission-essential activi- Base, New York. The report shall include a (iii) An analysis of alternatives for uti- ties at each range and the extent to which description of all of the aviation assets that lizing other federally owned land to support any changes in requirements are a result of will be impacted by the series of relocations training activities of units stationed at Fort the proposal contained in the fiscal year 2008 to be made to or from Niagara Air Reserve Carson. budget request to increase the size of the ac- Base and the timeline for such relocations. (C) An analysis of alternatives for enhanc- tive component of the Marine Corps to ing economic development opportunities in 202,000 personnel by the end of fiscal year SEC. 2831. REPORT ON THE PINON CANYON MA- southeastern Colorado at the current Site or NEUVER SITE, COLORADO. 2012 and any modification or acceleration through any proposed expansion, including contemplated in the budget submission for (a) REPORT ON THE PINON CANYON MANEU- the consideration of the following alter- fiscal year 2009. VER SITE.— natives: (3) The projected deficit or surplus of land (1) REPORT REQUIRED.—Not later than 180 (i) The leasing of land on the Site or any at each major Marine Corps operational days after the date of the enactment of this expansion of the Site to ranchers for grazing. range, and a description of the Secretary’s Act, the Secretary of the Army shall submit (ii) The leasing of land from private land- plan to address that projected deficit or sur- to the congressional defense committees a owners for training. plus of land as well as the upgrade of range report on the Pinon Canyon Maneuver Site (iii) The procurement of additional serv- attributes at each existing Marine Corps (referred to in this section as ‘‘the Site’’). ices and goods, including biofuels and beef, operational range. (2) CONTENT.—The report required under from local businesses. (4) A description of the Secretary’s paragraph (1) shall include the following: (iv) The creation of an economic develop- prioritization process and investment strat- (A) An analysis of whether existing train- ment fund to benefit communities, local gov- egy to address the potential expansion or up- ing facilities at Fort Carson, Colorado, and ernments, and businesses in southeastern grade of Marine Corps operational ranges. the Site are sufficient to support the train- Colorado. (5) An analysis of alternatives to the ex- ing needs of units stationed or planned to be (v) The establishment of an outreach office pansion of Marine Corps operational ranges, stationed at Fort Carson, including the fol- to provide technical assistance to local busi- including an assessment of the joint use of lowing: nesses that wish to bid on Department of De- operational ranges under the jurisdiction, (i) A description of any new training re- fense contracts. custody, or control of the Secretary of an- quirements or significant developments af- (vi) The establishment of partnerships with other military department. fecting training requirements for units sta- local governments and organizations to ex- (6) An analysis of the cost of, potential tioned or planned to be stationed at Fort pand regional tourism through expanded ac- military value of, and potential legal or Carson since the 2005 Defense Base Closure cess to sites of historic, cultural, and envi- practical impediments to, the expansion of and Realignment Commission found that the ronmental interest on the Site. Marine Corps Base, Twentynine Palms, Cali- base has ‘‘sufficient capacity’’ to support (vii) An acquisition policy that allows will- fornia, through the acquisition of additional four brigade combat teams and associated ing sellers to minimize the tax impact of a land adjacent to or in the vicinity of that in- support units at Fort Carson. sale. stallation that is under the control of the (ii) A study of alternatives for enhancing (viii) Additional investments in Army mis- Bureau of Land Management. training facilities at Fort Carson and the sions and personnel, such as stationing an (c) SUPPLEMENTAL REPORT.—Not later than Site within their current geographic foot- active duty unit at the Site, including— 90 days after the date on which the second of print, including whether these additional in- (I) an analysis of anticipated operational the two reports required by subsections (a) vestments or measures could support addi- benefits; and and (b) is submitted, the Secretary of De- tional training activities. (II) an analysis of economic impacts to sur- fense shall submit to the congressional de- (iii) A description of the current training rounding communities. fense committees a report containing the calendar and training load at the Site, in- (3) POTENTIAL PCMS LAND EXPANSION MAP following information: cluding— DEFINED.—In this subsection, the term ‘‘Po- (1) A description of initiatives by the Sec- (I) the number of brigade-sized and bat- tential PCMS Land expansion map’’ means retary of Defense to coordinate the range ex- talion-sized military exercises held at the the June 2007 map entitled ‘‘Potential PCMS pansion activities of the Army and Marine Site since its establishment; Land expansion’’.

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(b) COMPTROLLER GENERAL REVIEW OF RE- Secretary, to carry out the conveyance Street Land Exchange Maps’’ prepared pur- PORT.—Not later than 180 days after the Sec- under subsection (a), including survey costs, suant to subsection (f). retary of Defense submits the report re- appraisal costs, and other costs related to (7) FEDERAL LAND.—The term ‘‘Federal quired under subsection (a), the Comptroller the conveyance. If amounts are collected land’’ means approximately 1.26 acres of real General of the United States shall submit to from the University in advance of the Sec- property, including any improvements there- Congress a review of the report and of the retary incurring the actual costs, and the on, as depicted on the exchange maps, that is justification of the Army for expansion at amount collected exceeds the costs actually commonly identified as 2660 Atwater Street, the Site. incurred by the Secretary to carry out the Detroit, Michigan, and under the administra- (c) PUBLIC COMMENT.—After the report re- conveyance, the Secretary shall refund the tive control of the United States Coast quired under subsection (b) is submitted to excess amount to the University. Guard. Congress, the Army shall solicit public com- (2) TREATMENT OF AMOUNTS RECEIVED.— (8) SECTOR DETROIT.—The term ‘‘Sector De- ment on the report for a period of not less Amounts received under paragraph (1) as re- troit’’ means Coast Guard Sector Detroit of than 90 days. Not later than 30 days after the imbursement for costs incurred by the Sec- the Ninth Coast Guard District. public comment period has closed, the Sec- retary to carry out the conveyance under (b) CONVEYANCE AUTHORIZED.—The Com- retary shall submit to Congress a written subsection (a) shall be credited to the fund or mandant of the Coast Guard, in coordination summary of comments received. account that was used to cover the costs in- with the Administrator, may convey to the curred by the Secretary in carrying out the Subtitle C—Land Conveyances EDC all right, title, and interest of the conveyance. Amounts so credited shall be United States in and to the Federal land. SEC. 2841. MODIFICATION OF CONVEYANCE AU- merged with amounts in such fund or ac- (c) CONSIDERATION.— THORITY, MARINE CORPS BASE, count and shall be available for the same (1) IN GENERAL.—As consideration for the CAMP PENDLETON, CALIFORNIA. purposes, and subject to the same conditions conveyance under subsection (b)— Section 2851(a) of the Military Construc- and limitations, as amounts in such fund or (A) the City shall convey to the United tion Authorization Act for Fiscal Year 1999 account. States all right, title, and interest in and to (division B of Public Law 105–261; 112 Stat. (d) USE OF PROPERTY FOR OTHER THAN IN- the City land; and 2219) is amended by striking ‘‘, notwith- TENDED PURPOSES.—If the Secretary deter- (B) the EDC shall construct a facility and standing any provision of State law to the mines at any time that the real property parking lot acceptable to the Commandant contrary,’’, as added by section 2867 of Public conveyed under subsection (a) is not being of the Coast Guard. Law 107–107 (115 Stat. 1334). used in accordance with the purposes of the (2) EQUALIZATION PAYMENT OPTION.— SEC. 2842. GRANT OF EASEMENT, EGLIN AIR conveyance specified in such subsection, the (A) IN GENERAL.—The Commandant may, FORCE BASE, FLORIDA. University shall pay to the United States an upon the agreement of the City and the EDC, (a) GRANT AUTHORIZED.—Secretary of the amount equal to the fair market value of the waive the requirement to construct a facility Air Force may use the authority provided by property, as of the time of such determina- and parking lot under paragraph (1)(B) and section 2668 of title 10, United States Code, tion. The fair market value of the property, accept in lieu thereof an equalization pay- to grant to the Mid Bay Bridge Authority an excluding the value of any improvements ment from the City equal to the difference easement for a roadway right-of-way over made to the property by the University, between the value, as determined by the Ad- such land at Eglin Air Force Base, Florida, shall be determined by the Secretary in ac- ministrator at the time of transfer, of the as the Secretary determines necessary to fa- cordance with Federal appraisal standards Federal land and the City land. and procedures. cilitate the construction of a road con- (B) AVAILABILITY OF FUNDS.—Any amounts (e) DESCRIPTION OF PROPERTY.—The exact necting the northern landfall of the Mid Bay received pursuant to subparagraph (A) shall acreage and legal description of the real Bridge to Florida State Highway 85. be available to the Commandant, without property to be conveyed under subsection (a) (b) CONSIDERATION.—As consideration for further appropriation and until expended, to shall be determined by a survey satisfactory the grant of the easement under subsection construct, expand, or improve facilities re- (a), the Mid Bay Bridge Authority shall pay to the Secretary. (f) ADDITIONAL TERMS AND CONDITIONS.— lated to Sector Detroit’s aids to navigation to the Secretary an amount equal to the or vessel maintenance. fair-market-value of the easement, as deter- The Secretary may require such additional terms and conditions in connection with the (d) CONDITIONS OF EXCHANGE.— mined by the Secretary. (1) COVENANTS.—All conditions placed (c) COSTS OF PROJECT.—As a condition of conveyance under subsection (a) as the Sec- retary considers appropriate to protect the within the deeds of title shall be construed the grant of the easement under subsection as covenants running with the land. (a), the Mid Bay Bridge Authority shall be interests of the United States. SEC. 2844. MODIFICATION OF LEASE OF PROP- (2) AUTHORITY TO ACCEPT QUITCLAIM DEED.— responsible for all costs associated with the The Commandant may accept a quitclaim highway project described in such sub- ERTY, NATIONAL FLIGHT ACADEMY AT THE NATIONAL MUSEUM OF deed for the City land and may convey the section, including all costs the Secretary de- NAVAL AVIATION, NAVAL AIR STA- Federal land by quitclaim deed. termines to be necessary to address any im- TION, PENSACOLA, FLORIDA. (3) ENVIRONMENTAL REMEDIATION.—Prior to pacts that the project may have on the de- Section 2850(a) of the Military Construc- the time of the exchange, the Coast Guard fense missions at Eglin Air Force Base. tion Authorization Act for Fiscal Year 2001 and the EDC shall remediate any and all con- SEC. 2843. LAND CONVEYANCE, LYNN HAVEN (division B of the Floyd D. Spence National taminants existing on their respective prop- FUEL DEPOT, LYNN HAVEN, FLOR- Defense Authorization Act for Fiscal Year erties to levels required by applicable State IDA. 2001 (as enacted into law by Public Law 106– and Federal law. The Commandant and, as a (a) CONVEYANCE AUTHORIZED.—The Sec- 398; 114 Stat. 1654A–428)) is amended— condition of the exchange, the EDC shall retary of the Air Force may convey to Flor- (1) by striking ‘‘naval aviation and’’ and make available for review and inspection ida State University (in this section referred inserting ‘‘naval aviation,’’; and any record relating to hazardous materials to as the ‘‘University’’) all right, title, and (2) by inserting before the period at the end on the land to be exchanged under this sec- interest of the United States in and to a par- the following: ‘‘, and, as of January 1, 2008, to tion. The costs of remedial actions relating cel of real property, including improvements teach the science, technology, engineering, to hazardous materials on exchanged land thereon, consisting of approximately 40 acres and mathematics disciplines that have an shall be paid by those entities responsible for located at the Lynn Haven Fuel Depot in impact on and relate to aviation’’. costs under applicable law. Lynn Haven, Florida, as a public benefit con- SEC. 2845. LAND EXCHANGE, DETROIT, MICHI- (e) AUTHORITY TO ENTER INTO LICENSE OR veyance for the purpose of permitting the GAN. LEASE.—The Commandant may enter into a University to develop the property as a new (a) DEFINITIONS.—In this section: license or lease agreement with the Detroit satellite campus. (1) ADMINISTRATOR.—The term ‘‘Adminis- Riverfront Conservancy for the use of a por- (b) CONSIDERATION.— trator’’ means the Administrator of General tion of the Federal land for the Detroit (1) IN GENERAL.—For the conveyance of the Services. Riverfront Walk. Such license or lease shall property under subsection (a), the University (2) CITY.—The term ‘‘City’’ means the City be at no cost to the City and upon such other shall provide the United States with consid- of Detroit, Michigan. terms that are acceptable to the Com- eration in an amount that is acceptable to (3) CITY LAND.—The term ‘‘City land’’ mandant, and shall terminate upon the com- the Secretary, whether in the form of cash means the approximately 0.741 acres of real pletion of the exchange authorized by this payment, in-kind consideration, or a com- property, including any improvement there- section, or the date specified in subsection bination thereof. on, as depicted on the exchange maps, that is (h), whichever occurs earlier. (2) REDUCED TUITION RATES.—The Secretary commonly identified as 110 Mount Elliott (f) MAP AND LEGAL DESCRIPTIONS OF may accept as in-kind consideration under Street, Detroit, Michigan. LAND.— paragraph (1) reduced tuition rates or schol- (4) COMMANDANT.—The term ‘‘Com- (1) IN GENERAL.—As soon as practicable arships for military personnel at the Univer- mandant’’ means the Commandant of the after the date of enactment of this Act, the sity. United States Coast Guard. Commandant shall file with the Committee (c) PAYMENT OF COSTS OF CONVEYANCES.— (5) EDC.—The term ‘‘EDC’’ means the Eco- on Commerce, Science and Transportation of (1) PAYMENT REQUIRED.—The Secretary nomic Development Corporation of the City the Senate and the Committee on Transpor- shall require the University to cover costs to of Detroit. tation and Infrastructure of the House of be incurred by the Secretary, or to reim- (6) EXCHANGE MAPS.—The term ‘‘exchange Representatives the maps, entitled ‘‘Atwater burse the Secretary for costs incurred by the maps’’ means the maps entitled ‘‘Atwater Street Land Exchange Maps’’, which depict

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00216 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.076 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H243 the Federal land and the City lands and pro- (2) in subsection (b), by striking paragraph purposes of the conveyance specified in such vide a legal description of each property to (2) and inserting the following new para- subsection for a period of not less than 30 be exchanged. graph: years following the date of the conveyance. (2) FORCE OF LAW.—The maps and legal de- ‘‘(2) The conveyances under paragraphs (2) (B) After the end of period specified in sub- scriptions filed under paragraph (1) shall and (3) of subsection (a) shall be subject to paragraph (A), the United Tribes Technical have the same force and effect as if included the condition that the County develop and College applies to the Secretary for the re- in this Act, except that the Commandant use the conveyed properties for educational lease of the reversionary interest. may correct typographical errors in the purposes and the construction of public (C) The Secretary certifies, in a manner maps and each legal description. school structures.’’; and that can be filed with the appropriate land (3) PUBLIC AVAILABILITY.—Each map and (3) in subsection (c), by striking paragraph recordation office, that the condition under legal description filed under paragraph (1) (2) and inserting the following new para- subparagraph (A) has been satisfied. shall be on file and available for public in- graph: (c) PAYMENT OF COSTS OF CONVEYANCE.— ‘‘(2) If the Secretary determines at any spection in the appropriate offices of the (1) PAYMENT REQUIRED.—The Secretary Coast Guard and the City. time that the real property conveyed under shall require the United Tribes Technical paragraph (2) or paragraph (3) of subsection (g) ADDITIONAL TERMS AND CONDITIONS.— College to cover costs to be incurred by the (a) is not being used in accordance with sub- The Commandant may require such addi- Secretary, or to reimburse the Secretary for section (b)(2), all right, title, and interest in tional terms and conditions in connection costs incurred by the Secretary, to carry out and to the property conveyed under such with the exchange under this section as the the conveyance under subsection (a), includ- paragraph, including any improvements Commandant considers appropriate to pro- ing survey costs, costs related to environ- thereon, shall revert, at the option of the tect the interests of the United States. Secretary, to the United States, and the mental documentation, and other adminis- (h) EXPIRATION OF AUTHORITY TO CONVEY.— United States shall have the right of imme- trative costs related to the conveyance. If The authority to enter into the exchange au- diate entry thereon.’’. amounts are collected from the United thorized by this section shall expire three (b) PAYMENT OF COSTS OF CONVEYANCE.— Tribes Technical College in advance of the years after the date of enactment of this Such section is further amended by adding at Secretary incurring the actual costs, and the Act. the end the following new subsection: amount collected exceeds the costs actually SEC. 2846. TRANSFER OF JURISDICTION, FORMER ‘‘(f) PAYMENT OF COSTS OF CONVEYANCE OF incurred by the Secretary to carry out the NIKE MISSILE SITE, GROSSE ILE, TRACT NO. 404–1 PROPERTY.— conveyance, the Secretary shall refund the MICHIGAN. ‘‘(1) PAYMENT REQUIRED.—The Secretary excess amount to the United Tribes Tech- (a) TRANSFER.—Administrative jurisdiction shall require the County to cover costs to be nical College. over the property described in subsection (b) incurred by the Secretary, or to reimburse (2) TREATMENT OF AMOUNTS RECEIVED.— is hereby transferred from the Administrator the Secretary for costs incurred by the Sec- Amounts received as reimbursements under of the Environmental Protection Agency to retary, to carry out the conveyance under paragraph (1) shall be credited to the fund or the Secretary of the Interior. subsection (a)(3), including survey costs, account that was used to cover the costs in- (b) PROPERTY DESCRIBED.—The property re- costs related to environmental documenta- curred by the Secretary in carrying out the ferred to in subsection (a) is the former Nike tion, and other administrative costs related conveyance. Amounts so credited shall be missile site located at the southern end of to the conveyance. If amounts are collected merged with amounts in such fund or ac- Grosse Ile, Michigan, as depicted on the map from the County in advance of the Secretary count and shall be available for the same entitled ‘‘07–CE’’ on file with the Environ- incurring the actual costs, and the amount purposes, and subject to the same conditions mental Protection Agency and dated May 16, collected exceeds the costs actually incurred and limitations, as amounts in such fund or 1984. by the Secretary to carry out the convey- account. (c) ADMINISTRATION OF PROPERTY.—Subject ance, the Secretary shall refund the excess (d) DESCRIPTION OF REAL PROPERTY.—The to subsection (d), the Secretary of the Inte- amount to the County. exact acreage and legal description of the rior shall administer the property described ‘‘(2) TREATMENT OF AMOUNTS RECEIVED.— real property to be conveyed under sub- in subsection (b)— Amounts received as reimbursement under section (a) shall be determined by a survey (1) acting through the United States Fish paragraph (1) shall be credited to the fund or satisfactory to the Secretary. and Wildlife Service; account that was used to cover the costs in- (e) ADDITIONAL TERMS AND CONDITIONS.— (2) as part of the Detroit River Inter- curred by the Secretary in carrying out the The Secretary may require such additional national Wildlife Refuge; and conveyance. Amounts so credited shall be terms and conditions in connection with the (3) for use as a habitat for fish and wildlife merged with amounts in such fund or ac- conveyance under subsection (a) as the Sec- and as a recreational property for outdoor count, and shall be available for the same retary considers appropriate to protect the education and environmental appreciation. purposes, and subject to the same conditions interests of the United States. (d) MANAGEMENT OF REMEDIATION.—The and limitations, as amounts in such fund or Secretary of Defense, acting through the SEC. 2849. LAND EXCHANGE, FORT HOOD, TEXAS. account.’’. Army Corps of Engineers, shall manage and (a) EXCHANGE AUTHORIZED.—The Secretary carry out environmental remediation activi- SEC. 2848. LAND CONVEYANCE, LEWIS AND of the Army may convey to the City of CLARK UNITED STATES ARMY RE- Copperas Cove, Texas (in this section re- ties with respect to the property described in SERVE CENTER, BISMARCK, NORTH subsection (b) that, at a minimum, achieve DAKOTA. ferred to as the ‘‘City’’), all right, title, and interest of the United States in and to a par- the standard sufficient to allow the property (a) CONVEYANCE AUTHORIZED.—The Sec- to be used as provided in subsection (c)(3). retary of the Army may convey, without cel of real property, including any improve- Such remediation activities, with the excep- consideration, to the United Tribes Tech- ments thereon, consisting of approximately tion of long-term monitoring, shall be com- nical College all right, title, and interest of 200 acres at Fort Hood, Texas, for the pur- pleted to achieve that standard not later the United States in and to a parcel of real pose of permitting the City to improve arte- than two years after the date of the enact- property, including improvements thereon, rial transportation routes in the community. ment of this Act. The Secretary of Defense consisting of approximately 2 acres located (b) CONSIDERATION.—As consideration for may use amounts made available from the at the Lewis and Clark United States Army the conveyance under subsection (a), the account established by section 2703(a)(5) of Reserve Center, 3319 University Drive, Bis- City shall convey to the Secretary all right, title 10, United States Code, to carry out marck, North Dakota, for the purpose of sup- title, and interest of the City in and to one such remediation. porting education at the United Tribes Tech- or more parcels of real property that are ac- (e) SAVINGS PROVISION.—Nothing in this nical College. ceptable to the Secretary. The fair market section shall be construed to affect or limit (b) REVERSIONARY INTEREST.— value of the real property acquired by the the application of, or any obligation to com- (1) IN GENERAL.—Subject to paragraph (2), Secretary under this subsection shall be at ply with, any environmental law, including if the Secretary determines at any time that least equal to the fair market value of the the Comprehensive Environmental Response, the real property conveyed under subsection real property conveyed under subsection (a), Compensation, and Liability Act of 1980 (42 (a) is not being used in accordance with the as determined by appraisals acceptable to U.S.C. 9601 et seq.) and the Solid Waste Dis- purposes of the conveyance specified in such the Secretary. posal Act (42 U.S.C. 6901 et seq.). subsection, all right, title, and interest in (c) DESCRIPTION OF PROPERTY.—The exact SEC. 2847. MODIFICATION TO LAND CONVEYANCE and to the property shall revert, at the op- acreage and legal description of the real AUTHORITY, FORT BRAGG, NORTH tion of the Secretary, to the United States, property to be exchanged under this section CAROLINA. and the United States shall have the right of shall be determined by surveys satisfactory (a) REQUIREMENT TO CONVEY TRACT NO. 404– immediate entry onto the property. Any de- to the Secretary. 1 PROPERTY WITHOUT CONSIDERATION.—Sec- termination of the Secretary under this sub- (d) PAYMENT OF COSTS OF CONVEYANCES.— tion 2836 of the Military Construction Au- section shall be made on the record after an (1) PAYMENT REQUIRED.—The Secretary thorization Act for Fiscal Year 1998 (division opportunity for a hearing. shall require the City to cover costs to be in- B of Public Law 105–85; 111 Stat. 2005) is (2) EXPIRATION.—The reversionary interest curred by the Secretary, or to reimburse the amended— under paragraph (1) shall expire upon satis- Secretary for costs incurred by the Sec- (1) in subsection (a)(3), by striking ‘‘at fair faction of the following conditions: retary, to carry out the conveyances under market value’’ and inserting ‘‘without con- (A) The real property conveyed under sub- this section, including survey costs related sideration’’; section (a) is used in accordance with the to the conveyances. If amounts are collected

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00217 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.076 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H244 CONGRESSIONAL RECORD — HOUSE January 16, 2008 from the City in advance of the Secretary in- (3) whether use of the fixture or bulb could Subtitle E—Other Matters curring the actual costs, and the amount col- result in interference with productivity; SEC. 2871. REVISED DEADLINE FOR TRANSFER lected exceeds the costs actually incurred by (4) the aesthetics relating to use of the fix- OF ARLINGTON NAVAL ANNEX TO the Secretary to carry out the conveyances, ture or bulb; and ARLINGTON NATIONAL CEMETERY. the Secretary shall refund the excess amount (5) such other factors as the Secretary con- Subsection (h) of section 2881 of the Mili- to the City. cerned determines appropriate. tary Construction Authorization Act for Fis- cal Year 2000 (division B of Public Law 106– (2) TREATMENT OF AMOUNTS RECEIVED.— (d) ENERGY STAR.—A lighting fixture or Amounts received under paragraph (1) as re- bulb shall be treated as being energy effi- 65; 113 Stat. 879), as amended by section 2863 imbursement for costs incurred by the Sec- cient for purposes of this section if— of the Military Construction Authorization retary to carry out the conveyances under (1) the fixture or bulb is certified under the Act for Fiscal Year 2002 (division B of Public this section shall be credited to the fund or Energy Star program established by section Law 107–107; 115 Stat. 1330), section 2851 of account that was used to cover the costs in- 324A of the Energy Policy and Conservation the Military Construction Authorization Act curred by the Secretary in carrying out the Act (42 U.S.C. 6294a); or for Fiscal Year 2003 (division B of Public Law conveyances. Amounts so credited shall be (2) the Secretary of Defense or the Sec- 107–314; 116 Stat. 2726), and section 2881 of the merged with amounts in such fund or ac- retary of a military department has other- Military Construction Authorization Act for count and shall be available for the same wise determined that the fixture or bulb is Fiscal Year 2005 (division B of Public Law purposes, and subject to the same conditions energy efficient. 108–375; 115 Stat. 2153), is further amended by and limitations, as amounts in such fund or striking paragraphs (1) and (2) and inserting account. (e) SIGNIFICANT ALTERATIONS.—A building the following new paragraphs: (e) ADDITIONAL TERM AND CONDITIONS.—The shall be treated as being significantly al- ‘‘(1) January 1, 2011; Secretary may require such additional terms tered for purposes of subsection (a) if the al- ‘‘(2) the date on which the Navy Annex and conditions in connection with the con- teration is subject to congressional author- property is no longer required (as determined veyances under this section as the Secretary ization under section 2802 of title 10, United by the Secretary of Defense) for use as tem- considers appropriate to protect the inter- States Code. porary office space; or ests of the United States. (f) WAIVER AUTHORITY.—The Secretary of ‘‘(3) one year after the date on which the Subtitle D—Energy Security Defense may waive the requirements of this Secretary of the Army notifies the Secretary SEC. 2861. REPEAL OF CONGRESSIONAL NOTIFI- section if the Secretary determines that of Defense that the Navy Annex property is CATION REQUIREMENT REGARDING such a waiver is necessary to protect the na- needed for the expansion of Arlington Na- CANCELLATION CEILING FOR DE- tional security interests of the United tional Cemetery.’’. PARTMENT OF DEFENSE ENERGY States. SEC. 2872. TRANSFER OF JURISDICTION OVER SAVINGS PERFORMANCE CON- (g) EFFECTIVE DATE.—The requirements of AIR FORCE MEMORIAL TO DEPART- TRACTS. subsections (a) and (b) shall take effect one MENT OF THE AIR FORCE. Section 2913 of title 10, United States Code, (a) TRANSFER OF JURISDICTION.—Notwith- year after the date of the enactment of this is amended by striking subsection (e). standing section 2881 of the Military Con- Act. SEC. 2862. DEFINITION OF ALTERNATIVE FUELED struction Authorization Act for Fiscal Year VEHICLE. SEC. 2864. REPORTING REQUIREMENTS RELAT- 2000 (division B of Public Law 106–65; 113 Section 301(3) of the Energy Policy Act of ING TO RENEWABLE ENERGY USE BY Stat. 879) and section 2863 of the Military 1992 (42 U.S.C. 13211(3)) is amended— DEPARTMENT OF DEFENSE TO MEET Construction Authorization Act for Fiscal (1) by striking ‘‘(3) the term’’ and inserting DEPARTMENT ELECTRICITY NEEDS. Year 2002 (division B of Public Law 107–107; the following: (a) INITIAL REPORT.—Not later than 120 115 Stat. 1330; 40 U.S.C. 1003 note), the Sec- ‘‘(3) ALTERNATIVE FUELED VEHICLE.— days after the date of the enactment of this retary of the Army may transfer administra- ‘‘(A) IN GENERAL.—The term’’; and Act, the Under Secretary of Defense for Ac- tive jurisdiction, custody, and control of the (2) by adding at the end the following: quisition, Technology, and Logistics shall parcel of Federal land described in sub- ‘‘(B) INCLUSIONS.—The term ‘alternative submit to the congressional defense commit- section (b)(1) of such section 2863 to the Sec- fueled vehicle’ includes— tees a report containing the following infor- retary of the Air Force. ‘‘(i) a new qualified fuel cell motor vehicle mation: (b) LIMITATION ON PAYMENT OF EXPENSES.— (as defined in section 30B(b)(3) of the Inter- (1) The extent to which energy from renew- If the Air Force Memorial is transferred to nal Revenue Code of 1986); able energy sources is used to meet the elec- the Secretary of the Air Force as authorized ‘‘(ii) a new advanced lean burn technology tricity needs of the Department of Defense, by subsection (a), the United States shall not motor vehicle (as defined in section 30B(c)(3) to be stated as a percentage of total facility pay any costs incurred for the maintenance of that Code); electricity use for the previous fiscal year. and repair of the Air Force Memorial. ‘‘(iii) a new qualified hybrid motor vehicle (2) The extent to which energy from renew- SEC. 2873. REPORT ON PLANS TO REPLACE THE (as defined in section 30B(d)(3) of that Code); able energy sources was procured through al- MONUMENT AT THE TOMB OF THE and ternative financing methods, to be stated as UNKNOWNS AT ARLINGTON NA- ‘‘(iv) any other type of vehicle that the Ad- a percentage of total renewable energy pro- TIONAL CEMETERY, VIRGINIA. ministrator demonstrates to the Secretary curement and as a dollar amount for the pre- (a) REPORT REQUIRED.—Not later than 180 would achieve a significant reduction in pe- vious fiscal year. days after the date of the enactment of this troleum consumption.’’. (3) The extent to which energy from renew- Act, the Secretary of the Army and the Sec- SEC. 2863. USE OF ENERGY EFFICIENT LIGHTING able energy sources was procured through retary of Veterans Affairs shall jointly sub- FIXTURES AND BULBS IN DEPART- the use of appropriated funds, to be stated as mit to Congress a report setting forth the MENT OF DEFENSE FACILITIES. a percentage of total renewable energy pro- following: (a) CONSTRUCTION AND ALTERATION OF curement and as a dollar amount for the pre- (1) The current plans of the Secretaries BUILDINGS.—Each building constructed or vious fiscal year. with respect to— significantly altered by the Secretary of De- (4) A graphical illustration of energy use (A) replacing the monument at the Tomb fense or the Secretary of a military depart- from renewable energy sources by the De- of the Unknowns at Arlington National Cem- ment shall be equipped, to the maximum ex- partment as a percentage of total facility etery, Virginia; and tent feasible as determined by the Secretary electricity use over time, starting no later (B) disposing of the current monument at concerned, with lighting fixtures and bulbs than fiscal year 2000 and running through fis- the Tomb of the Unknowns, if it were re- that are energy efficient. cal year 2025, including projected future moved and replaced. (b) MAINTENANCE OF BUILDINGS.—Each trends in renewable energy consumption (2) An assessment of the feasibility and ad- lighting fixture or bulb that is replaced in through fiscal year 2025 in order to meet the visability of repairing the monument at the the normal course of maintenance of build- goals for renewable energy set forth in sec- Tomb of the Unknowns rather than replacing ings under the jurisdiction of the Secretary tion 2911(e) of title 10, United States Code, or it. of Defense or the Secretary of a military de- other goals, as appropriate. (3) A description of the current efforts of partment shall be replaced, to the maximum the Secretaries to maintain and preserve the extent feasible as determined by the Sec- (b) SUBSEQUENT REPORTS.—For fiscal year monument at the Tomb of the Unknowns. retary concerned, with a lighting fixture or 2008 and each fiscal year thereafter, the in- (4) An explanation of why no attempt has bulb that is energy efficient. formation required by paragraphs (1) been made since 1989 to repair the monument (c) CONSIDERATIONS.—In making a deter- through (4) of subsection (a) shall be in- at the Tomb of the Unknowns. mination under this section concerning the cluded in the Annual Energy Management (5) A comprehensive estimate of the cost of feasibility of installing a lighting fixture or Report prepared by the Under Secretary of replacement of the monument at the Tomb bulb that is energy efficient, the Secretary Defense for Acquisition, Technology, and Lo- of the Unknowns and the cost of repairing of Defense or the Secretary of a military de- gistics. such monument. partment shall consider— (c) RENEWABLE ENERGY SOURCES DE- (6) An assessment of the structural integ- (1) the life cycle cost effectiveness of the FINED.—In this section, the term ‘‘renewable rity of the monument at the Tomb of the Un- fixture or bulb; energy sources’’ has the meaning given that knowns. (2) the compatibility of the fixture or bulb term in section 203(b) of the Energy Policy (b) LIMITATION ON ACTION.—The Secretary with existing equipment; Act of 2005 (42 U.S.C. 15852(b)). of the Army and the Secretary of Veterans

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Affairs may not take any action to replace (b) LOCATION AND DESIGN OF MONUMENT.— (4) An investment strategy planned for the monument at the Tomb of the Unknowns The actual location and final design of the each school to correct deficiencies identified at Arlington National Cemetery, Virginia, monument authorized by subsection (a) shall in paragraph (3), including a description of until 180 days after the date of the receipt by be subject to the approval of the Secretary. each project to correct such deficiencies, Congress of the report required by subsection In selecting the military installation and cost estimates, and timelines to complete (a). site on such installation to serve as the loca- each project. (c) EXCEPTION.—The limitation in sub- tion for the monument, the Secretary shall (5) A description of requirements for new section (b) shall not prevent the Secretary of seek to maximize access to the resulting schools to be constructed over the next 10 the Army or the Secretary of Veterans Af- monument for both visitors and their dogs. years as a result of changes to the popu- fairs from repairing the current monument (c) MAINTENANCE.—The maintenance of the lation of military personnel. at the Tomb of the Unknowns or from ac- monument authorized by subsection (a) by (c) USE OF REPORT AS MASTER PLAN FOR quiring any blocks of marble for uses related the National War Dogs Monument, Inc., shall REPAIR, UPGRADE, AND CONSTRUCTION OF to such monument, subject to the avail- be subject to such conditions regarding ac- SCHOOLS.—The Secretary shall use the report ability of appropriations for those purposes. cess to the monument, and such other condi- required under subsection (a) as a master SEC. 2874. INCREASED AUTHORITY FOR REPAIR, tions, as the Secretary considers appropriate plan for the repair, upgrade, and construc- RESTORATION, AND PRESERVATION to protect the interests of the United States. tion of schools in the Department of Defense OF LAFAYETTE ESCADRILLE MEMO- (d) LIMITATION ON PAYMENT OF EXPENSES.— system that support dependents of members RIAL, MARNES-LA-COQUETTE, FRANCE. The United States Government shall not pay of the Armed Forces and civilian employees Section 1065 of the National Defense Au- any expense for the establishment or mainte- of the Department of Defense. thorization Act for Fiscal Year 2002 (Public nance of the monument authorized by sub- SEC. 2880. REPORT ON FACILITIES AND OPER- Law 107–107; 115 Stat. 1233) is amended— section (a). ATIONS OF DARNALL ARMY MED- (1) in subsection (a)(2), by striking SEC. 2878. REPORT REQUIRED PRIOR TO RE- ICAL CENTER, FORT HOOD MILI- TARY RESERVATION, TEXAS. ‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and MOVAL OF MISSILES FROM 564TH MISSILE SQUADRON. (a) IN GENERAL.—Not later than 120 days (2) in subsection (e), by striking ‘‘under (a) REPORT REQUIRED.—The Secretary of after the date of the enactment of this Act, section 301(a)(4)’’. Defense shall submit to the congressional de- the Secretary of Defense shall submit to the SEC. 2875. ADDITION OF WOONSOCKET LOCAL fense committees a report on the feasibility congressional defense committees a report PROTECTION PROJECT. assessing the facilities and operations of the Section 2866 of the Military Construction of establishing an association between the Darnall Army Medical Center at Fort Hood Authorization Act for Fiscal Year 2007 (divi- 120th Fighter Wing of the Montana Air Na- Military Reservation, Texas. sion B of Public Law 109–364; 120 Stat. 2499) is tional Guard and active duty personnel sta- (b) CONTENT.—The report required under amended by adding at the end the following tioned at Malmstrom Air Force Base, Mon- subsection (a) shall include the following: new subsection: tana. In preparing the report, the Secretary (1) A specific determination of whether the ‘‘(d) WOONSOCKET LOCAL PROTECTION shall include the following evaluations: facilities currently housing Darnall Army PROJECT.— (1) An evaluation of the requirement of the Medical Center meet Department of Defense ‘‘(1) ASSUMPTION OF RESPONSIBILITY.—The Air Force for additional F–15 aircraft active Secretary of the Army, acting through the or reserve component force structure. standards for Army medical centers. Chief of Engineers, shall assume responsi- (2) An evaluation of the airspace training (2) A specific determination of whether the bility for the annual operation and mainte- opportunities in the immediate airspace existing facilities adequately support the op- nance of the Woonsocket local protection around Great Falls International Airport Air erations of Darnall Army Medical Center, in- project authorized by section 10 of the Act of Guard Station. cluding the missions of medical treatment, December 22, 1944 (commonly known as the (3) An evaluation of the impact of civilian medical hold, medical holdover, and War- Flood Control Act of 1944; 58 Stat. 892, chap- operations on military operations at Great riors in Transition. ter 665), including by acquiring, in accord- Falls International Airport. (3) A specific determination of whether the ance with paragraph (2), any interest of the (4) An evaluation of the level of civilian existing facilities provide adequate physical city of Woonsocket, Rhode Island, in and to encroachment on the facilities and airspace space for the number of personnel that would land and structures required for the contin- of the 120th Fighter Wing. be required for Darnall Army Medical Center ued operation and maintenance, repair, re- (5) An evaluation of the support structure to function as a full-sized Army medical cen- placement, rehabilitation, and structural in- available, including active military bases ter. tegrity of the project, as identified by the nearby. (4) A specific determination of whether the city, in coordination with the Secretary. (6) An evaluation of opportunities for addi- current levels of medical and medical-related personnel at Darnall Army Medical Center ‘‘(2) ACQUISITION.—As a condition on the tional association between the Montana Na- Secretary’s assumption of responsibility for tional Guard and the 341st Space Wing. are adequate to support the operations of a the Woonsocket local protection project (b) LIMITATION ON REMOVAL PENDING RE- full-sized Army medical center. under paragraph (1), the city of Woonsocket PORT.—Not more than 40 missiles may be re- (5) A specific determination of whether the shall convey, not later than one year after moved from the 564th Missile Squadron until current levels of graduate medical education the date of the enactment of the National 15 days after the report required in sub- and medical residency programs currently in Defense Authorization Act for Fiscal Year section (a) has been submitted. place at Darnall Army Medical Center are 2008, to the Secretary of the Army, by quit- SEC. 2879. REPORT ON CONDITION OF SCHOOLS adequate to support the operations of a full- claim deed and without consideration, all UNDER JURISDICTION OF DEPART- sized Army medical center. MENT OF DEFENSE EDUCATION AC- (6) A description of any and all deficiencies right, title, and interest of the city in and to TIVITY. the Woonsocket local protection project, in- identified by the Secretary. (a) REPORT REQUIRED.—Not later than (7) A proposed investment plan and cluding any interest of the city in and to March 1, 2008, the Secretary of Defense shall land and structures required for the contin- timeline to correct such deficiencies. submit to the congressional defense commit- SEC. 2881. REPORT ON FEASIBILITY OF ESTAB- ued operation and maintenance, repair, re- tees a report on the conditions of schools placement, rehabilitation, and structural in- LISHING A REGIONAL DISASTER RE- under the jurisdiction of the Department of SPONSE CENTER AT KELLY AIR tegrity of the project, as identified by the Defense Education Activity. FIELD, SAN ANTONIO, TEXAS. city.’’. (b) CONTENT.—The report required under (a) FINDINGS.—Congress makes the fol- SEC. 2876. REPEAL OF MORATORIUM ON IM- subsection (a) shall include the following: lowing findings: PROVEMENTS AT FORT BUCHANAN, (1) A description of each school under the (1) The Federal response to Hurricane PUERTO RICO. control of the Secretary, including the loca- Katrina demonstrated the need for greater Section 1507 of the Floyd D. Spence Na- tion, year constructed, grades of attending coordination and planning capability at the tional Defense Authorization Act for Fiscal children, maximum capacity, and current ca- Federal, State, and local levels of govern- Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–355) is repealed. pacity of the school. ment. (2) A description of the standards and proc- (2) Coordination of State and local assets SEC. 2877. ESTABLISHMENT OF NATIONAL MILI- TARY WORKING DOG TEAMS MONU- esses used by the Secretary to assess the can be more effectively accomplished if such MENT ON SUITABLE MILITARY IN- adequacy of the size of school facilities, the assets are organized on a regional basis simi- STALLATION. ability of facilities to support school pro- lar to the manner in which the Federal (a) AUTHORITY TO ESTABLISH MONUMENT.— grams, and the current condition of facili- Emergency Management Agency organizes The Secretary of Defense may permit the ties. its efforts. National War Dogs Monument, Inc., to estab- (3) A description of the conditions of the (3) Despite the obvious need for experi- lish and maintain, at a suitable location at facility or facilities at each school, including enced and routinely exercised operational Fort Belvoir, Virginia, or another military the level of compliance with the standards headquarters skilled in disaster response, no installation in the United States, a national described in paragraph (2), any existing or such headquarters have been established. monument to honor the sacrifice and service projected facility deficiencies or inadequate (4) Such a headquarters would be appro- of United States Armed Forces working dog conditions at each facility, and whether any priately located on available Federal prop- teams that have participated in the military of the facilities listed are temporary struc- erty in Region VI of the Federal Emergency operations of the United States. tures. Management Agency, which includes Texas,

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00219 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.077 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H246 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Louisiana, Oklahoma, Arkansas, and New (1) Representative Joel Hefley was elected (4) Representative Evans’ efforts to im- Mexico, and is a region subject to forest to represent Colorado’s 5th Congressional prove the transition of individuals from mili- fires, floods, hurricanes, and tornadoes. district in 1986 and served in the House of tary service to the care of the Department of (b) REPORT REQUIRED.—Not later than Representatives until the end of the 109th Veterans Affairs will continue to benefit March 31, 2008, the Secretary of Defense, in Congress in 2007 with distinction, class, in- generations of veterans long into the future. coordination with the Secretary of Home- tegrity, and honor. (5) Representative Evans was credited with land Security, shall submit to Congress a re- (2) Representative Hefley served on the bringing new services to veterans living in port on the feasibility of establishing at Committee on Armed Services of the House his Congressional district, including out- Kelly Air Field in San Antonio, Texas, a per- of Representatives for 18 years, including patient clinics in the Quad Cities and Quincy manent, regionally oriented disaster re- service as Chairman of the Subcommittee on and the Quad-Cities Vet Center. sponse center responsible for planning, co- Military Installations and Facilities from (6) Representative Evans worked with local ordinating, and directing the Federal, State, 1995 through 2000 and, from 2001 until 2007, as leaders to promote the Rock Island Arsenal, and local response to man-made and natural Chairman of the Subcommittee on Readi- and it earned new jobs and missions through disasters that occur in Region VI of the Fed- ness. his support. eral Emergency Management Agency. (3) Representative Hefley was a fair and ef- (7) In honor of his service in the Marine (c) CONTENT.—The report required under fective lawmaker who worked for the na- Corps and to his district and the United subsection (b) shall include the following: tional interest while never forgetting his States, it is fitting and proper that the Navy (1) A determination of how the regional Western roots. and Marine Corps Reserve Center at Rock Is- disaster response center, if established at (4) Representative Hefley’s efforts on the land Arsenal be named in honor of Rep- Kelly Air Field, would organize and leverage Committee on Armed Services were instru- capabilities of the following currently co-lo- resentative Evans. mental to the military value of, and quality (b) DESIGNATION.—The Navy and Marine cated organizations, facilities, and forces lo- of life at, installations in the State of Colo- Corps Reserve Center at Rock Island Arse- cated in San Antonio, Texas: rado, including Fort Carson, Cheyenne nal, Illinois, shall be known and designated (A) Lackland Air Force Base. Mountain, Peterson Air Force Base, as the ‘‘Lane Evans Navy and Marine Corps (B) Fort Sam Houston. Schriever Air Force Base, Buckley Air Force Reserve Center’’. Any reference in a law, (C) Brooke Army Medical Center. Base, and the United States Air Force Acad- map, regulation, document, paper, or other (D) Wilford Hall Medical Center. emy. record of the United States to the Navy and (E) City of San Antonio/Bexar County (5) Representative Hefley was a leader in Marine Corps Reserve Center at Rock Island Emergency Operations Center. efforts to retain and expand Fort Carson as Arsenal shall be deemed to be a reference to (F) Audie Murphy Veterans Administra- an essential part of the national defense sys- the Lane Evans Navy and Marine Corps Re- tion Medical Center. tem during the Defense Base Closure and Re- serve Center. (G) 433rd Airlift Wing C–5 Heavy Lift Air- alignment process. SEC. 2884. NAMING OF RESEARCH LABORATORY craft. (6) Representative Hefley consistently ad- AT AIR FORCE ROME RESEARCH (H) 149 Fighter Wing and Texas Air Na- vocated for providing members of the Armed SITE, ROME, NEW YORK, IN HONOR tional Guard F–16 fighter aircraft. Forces and their families with quality, safe, OF THE HONORABLE SHERWOOD L. (I) Army Northern Command. and affordable housing and supportive com- BOEHLERT, A FORMER MEMBER OF (J) The three level 1 trauma centers of the munities. THE UNITED STATES HOUSE OF REP- RESENTATIVES. National Trauma Institute. (7) Representative Hefley spearheaded the The new laboratory building at the Air (K) Texas Medical Rangers. Military Housing Privatization Initiative to Force Rome Research Site, Rome, New York, (L) San Antonio Metro Health Department. eliminate inadequate housing on military in- shall be known and designated as the ‘‘Sher- (M) The University of Texas Health stallations, with the first pilot program lo- wood Boehlert Center of Excellence for Infor- Science Center at San Antonio. cated at Fort Carson. mation Science and Technology’’. Any ref- (N) The Air Intelligence Surveillance and (8) Representative Hefley’s leadership on erence in a law, map, regulation, document, Reconnaissance Agency at Lackland Air the Military Housing Privatization Initia- paper, or other record of the United States Force Base. tive allowed for the privatization of more to such laboratory facility shall be deemed (O) The United States Air Force Security than 121,000 units of military family housing, to be a reference to the Sherwood Boehlert Police Training Department at Lackland Air which brought meaningful improvements to Center of Excellence for Information Science Force Base. living conditions for thousands of members and Technology. (P) The large manpower pools and blood of the Armed Forces and their spouses and donor pools from the more than 6,000 train- children at installations throughout the SEC. 2885. NAMING OF ADMINISTRATION BUILD- ees at Lackland Air Force Base. ING AT JOINT SYSTEMS MANUFAC- United States. TURING CENTER, LIMA, OHIO, IN (2) A determination of the number of mili- (9) It is fitting and proper that an appro- tary and civilian personnel who would have HONOR OF THE HONORABLE MI- priate military family housing area or struc- CHAEL G. OXLEY, A FORMER MEM- to be mobilized to run the logistics, plan- ture at Fort Carson be designated in honor of BER OF THE UNITED STATES HOUSE ning, and maintenance of the regional dis- Representative Hefley. OF REPRESENTATIVES. aster response center, if established at Kelly (b) DESIGNATION.—Notwithstanding Army The administration building under con- Air Field, during a time of disaster recovery. Regulation AR 1–33, the Secretary of the struction at the Joint Systems Manufac- (3) A determination of the number of mili- Army shall designate one of the military turing Center in Lima, Ohio, shall be known tary and civilian personnel who would be re- family housing areas or facilities con- and designated as the ‘‘Michael G. Oxley Ad- quired to run the logistics, planning, and structed for Fort Carson, Colorado, using the ministration and Technology Center’’. Any maintenance of the regional disaster re- authority provided by subchapter IV of chap- reference in a law, map, regulation, docu- sponse center during a time when no disaster ter 169 of title 10, United States Code, as the ment, paper, or other record of the United is occurring. ‘‘Joel Hefley Village’’. States to such building shall be deemed to be (4) A determination of the cost of improv- SEC. 2883. NAMING OF NAVY AND MARINE CORPS a reference to the Michael G. Oxley Adminis- ing the current infrastructure at Kelly Air RESERVE CENTER AT ROCK ISLAND, tration and Technology Center. Field to meet the needs of displaced victims ILLINOIS, IN HONOR OF THE HONOR- SEC. 2886. NAMING OF LOGISTICS AUTOMATION of a disaster equivalent to that of Hurricanes ABLE LANE EVANS, A FORMER MEM- TRAINING FACILITY, ARMY QUAR- Katrina and Rita or a natural or man-made BER OF THE UNITED STATES HOUSE TERMASTER CENTER AND SCHOOL, disaster of similar scope, including adequate OF REPRESENTATIVES. FORT LEE, VIRGINIA, IN HONOR OF (a) FINDINGS.—Congress makes the fol- beds, food stores, and decontamination sta- GENERAL RICHARD H. THOMPSON. lowing findings: tions to triage radiation or other chemical Notwithstanding Army Regulation AR 1– (1) Representative Lane Evans was elected or biological agent contamination victims. 33, the Logistics Automation Training Facil- to the House of Representatives in 1982 and (5) An evaluation of the current capability ity of the Army Quartermaster Center and served in the House of Representatives until of the Department of Defense and the De- School at Fort Lee, Virginia, shall be known the end of the 109th Congress in 2007 rep- partment of Homeland Security to respond and designated as the ‘‘General Richard H. resenting the people of Illinois’ 17th Congres- to these mission requirements and an assess- Thompson Logistics Automation Training sional district. ment of any additional capabilities that are Facility’’ in honor of General Richard H. (2) As a member of the Committee on Thompson, the only quartermaster to have required. Armed Services of the House of Representa- (6) An assessment of the costs and benefits risen from private to full general. Any ref- tives, Representative Evans worked to bring erence in a law, map, regulation, document, of adding such capabilities at Kelly Air Field common sense priorities to defense spending to the costs and benefits of other locations. paper, or other record of the United States and strengthen the military’s conventional to such facility shall be deemed to be a ref- SEC. 2882. NAMING OF HOUSING FACILITY AT readiness. erence to the General Richard H. Thompson FORT CARSON, COLORADO, IN (3) Representative Evans was a tireless ad- HONOR OF THE HONORABLE JOEL Logistics Automation Training Facility. HEFLEY, A FORMER MEMBER OF vocate for military veterans, ensuring that SEC. 2887. AUTHORITY TO RELOCATE JOINT THE UNITED STATES HOUSE OF REP- veterans receive the medical care they need SPECTRUM CENTER TO FORT RESENTATIVES. and advocating for individuals suffering from MEADE, MARYLAND. (a) FINDINGS.—Congress makes the fol- post-traumatic stress disorder and Gulf War (a) AUTHORITY TO CARRY OUT RELOCATION lowing findings: Syndrome. AGREEMENT.—The Secretary of Defense may

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00220 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.077 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H247 carry out an agreement to relocate the Joint to be authorized in accordance with section Sec. 2904. Authorized Defense Agencies con- Spectrum Center, a geographically separated 2802 of title 10, United States Code. struction and land acquisition unit of the Defense Information Systems (c) TERMINATION OF EXISTING LEASE.—Upon projects. Agency, from Annapolis, Maryland, to Fort completion of the relocation of the Joint Sec. 2905. Authorized base closure and re- Meade, Maryland, or another military instal- Spectrum Center, all right, title, and inter- alignment activities funded lation if— est of the United States in and to the exist- through Department of Defense (1) the Secretary determines that the relo- ing lease for the Joint Spectrum Center shall Base Closure Account 2005 and cation of the Joint Spectrum Center is in the be terminated, as contemplated under Condi- related authorization of appro- best interest of national security and the tion 29.B of the lease. priations. physical protection of personnel and mis- TITLE XXIX—WAR-RELATED AND EMER- SEC. 2901. AUTHORIZED ARMY CONSTRUCTION sions of the Department of Defense; and AND LAND ACQUISITION PROJECTS. GENCY MILITARY CONSTRUCTION AU- (2) the agreement between the lease holder THORIZATIONS (a) INSIDE THE UNITED STATES.—Using and the Department of Defense provides eq- amounts appropriated pursuant to the au- uitable and appropriate terms to facilitate Sec. 2901. Authorized Army construction thorization of appropriations in subsection the relocation. and land acquisition projects. (c)(1), the Secretary of the Army may ac- (b) AUTHORIZATION.—Any facility, road, or Sec. 2902. Authorized Navy construction and quire real property and carry out military infrastructure constructed or altered on a land acquisition projects. construction projects for the installations or military installation as a result of the agree- Sec. 2903. Authorized Air Force construction locations inside the United States, and in ment referred to in subsection (a) is deemed and land acquisition projects. the amounts, set forth in the following table:

Army: Inside the United States

State Installation or Location Amount

Colorado ...... Fort Carson ...... $8,100,000 Georgia ...... Fort Stewart ...... $6,000,000 Kansas ...... Fort Riley ...... $50,000,000 Kentucky ...... Fort Campbell ...... $7,400,000 Louisiana ...... Fort Polk ...... $4,900,000 New York ...... Fort Drum ...... $38,000,000 Texas ...... Fort Hood ...... $9,100,000

(b) OUTSIDE THE UNITED STATES.—Using (c)(2), the Secretary of the Army may ac- locations outside the United States, and in amounts appropriated pursuant to the au- quire real property and carry out military the amounts, set forth in the following table: thorization of appropriations in subsection construction projects for the installations or

Army: Outside the United States

Country Installation or Location Amount

Afghanistan ...... Bagram Air Base ...... $249,600,000 Ghazni ...... $5,000,000 Kabul ...... $36,000,000 Iraq ...... Camp Adder ...... $80,650,000 Al Asad ...... $92,600,000 Camp Anaconda ...... $53,500,000 Camp Constitution ...... $11,700,000 Camp Cropper ...... $9,500,000 Fallujah ...... $880,000 Camp Marez ...... $880,000 Mosul ...... $43,000,000 Q-West ...... $26,000,000 Camp Ramadi ...... $880,000 Scania ...... $14,200,000 Camp Speicher ...... $83,900,000 Camp Taqqadum ...... $880,000 Tikrit ...... $43,000,000 Camp Victory ...... $65,400,000 Camp Warrior ...... $880,000 Various Locations ...... $207,000,000 Kuwait ...... Camp Arifjan ...... $30,000,000

(c) AUTHORIZATION OF APPROPRIATIONS.— (3) For architectural and engineering serv- views, longevity of the site selected, and Funds are hereby authorized to be appro- ices and construction design under section timelines for completion. The Secretary priated for fiscal years beginning after Sep- 2807 of title 10, United States Code, shall submit the report not later than Janu- tember 30, 2007, for military construction, $78,800,000. ary 15, 2008. (d) REPORT REQUIRED BEFORE COMMENCING land acquisition, and military family hous- SEC. 2902. AUTHORIZED NAVY CONSTRUCTION CERTAIN PROJECTS.—Funds may not be obli- AND LAND ACQUISITION PROJECTS. ing functions of the Department of the Army gated for the projects authorized by sub- in the total amount of $1,257,750,000 as fol- section (b) for Camp Arifjan, Kuwait, or (a) INSIDE THE UNITED STATES.—Using lows: Camp Cropper, Iraq, until 14 days after the amounts appropriated pursuant to the au- (1) For military construction projects in- date on which the Secretary of Defense sub- thorization of appropriations in subsection side the United States authorized by sub- mits to the congressional defense commit- (d)(1), the Secretary of the Navy may acquire section (a), $123,500,000. tees a report, in either unclassified or classi- real property and carry out military con- (2) For military construction projects out- fied form, containing a detailed justification struction projects for the installations or lo- side the United States authorized by sub- for the project, including the overall intent cations inside the United States, and in the section (b), $1,055,450,000. of the requested construction, host-nation amounts, set forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

California ...... Camp Pendleton ...... $102,034,000 Twentynine Palms ...... $4,440,000 North Carolina ...... Camp Lejeune ...... $43,340,000

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(b) OUTSIDE THE UNITED STATES.—Using (d)(2), the Secretary of the Navy may acquire cations outside the United States, and in the amounts appropriated pursuant to the au- real property and carry out military con- amounts, set forth in the following table: thorization of appropriations in subsection struction projects for the installations or lo-

Navy: Outside the United States

Country Installation or Location Amount

Djibouti ...... Camp Lemonier ...... $25,410,000

(c) FAMILY HOUSING.—Using amounts ap- retary of the Navy may construct or acquire lations or locations, and in the amounts, set propriated pursuant to the authorization of family housing units (including land acquisi- forth in the following table: appropriations in subsection (d)(4), the Sec- tion and supporting facilities) at the instal-

Navy: Family Housing

State Installation or Location Amount

California ...... Camp Pendleton ...... $10,692,000 Twentynine Palms ...... $1,074,000

(d) AUTHORIZATION OF APPROPRIATIONS.— (2) For military construction projects out- SEC. 2903. AUTHORIZED AIR FORCE CONSTRUC- Subject to section 2825 of title 10, United side the United States authorized by sub- TION AND LAND ACQUISITION States Code, funds are hereby authorized to section (a), $25,410,000. PROJECTS. be appropriated for fiscal years beginning (3) For architectural and engineering serv- (a) OUTSIDE THE UNITED STATES.—Using after September 30, 2007, for military con- ices and construction design under section amounts appropriated pursuant to the au- struction, land acquisition, and military 2807 of title 10, United States Code, thorization of appropriations in subsection family housing functions of the Department $11,791,000. of the Navy in the total amount of (b)(1), the Secretary of the Air Force may ac- (4) For construction and acquisition, plan- $198,781,000, as follows: quire real property and carry out military (1) For military construction projects in- ning and design, and improvement of mili- construction projects for the installations or side the United States authorized by sub- tary family housing and facilities, $11,766,000. locations outside the United States, and in section (a), $149,814,000. the amounts, set forth in the following table:

Air Force: Outside the United States

Country Installation or Location Amount

Afghanistan ...... Bagram Air Base ...... $108,800,000 Kandahar ...... $26,300,000 Iraq ...... Balad Air Base ...... $58,300,000 Kyrgyzstan ...... Manas Air Base ...... $30,300,000

(b) AUTHORIZATION OF APPROPRIATIONS.— (2) For architectural and engineering serv- real property and carry out military con- Funds are hereby authorized to be appro- ices and construction design under section struction projects for the installations or lo- priated for fiscal years beginning after Sep- 2807 of title 10, United States Code, cations inside the United States, and in the tember 30, 2007, for military construction, $35,000,000. amounts, set forth in the following table: land acquisition, and military family hous- SEC. 2904. AUTHORIZED DEFENSE AGENCIES ing functions of the Department of the Air CONSTRUCTION AND LAND ACQUISI- Force in the total amount of $258,700,000, as TION PROJECTS. follows: (a) INSIDE THE UNITED STATES.—Using (1) For military construction projects out- amounts appropriated pursuant to the au- side the United States authorized by sub- thorization of appropriations in subsection section (a), $223,700,000. (c)(1), the Secretary of Defense may acquire

Defense Agencies: Inside the United States

State Installation or Location Amount

Texas ...... Fort Sam Houston ...... $21,000,000

(b) OUTSIDE THE UNITED STATES.—Using (c)(2), the Secretary of Defense may acquire cations outside the United States, and in the amounts appropriated pursuant to the au- real property and carry out military con- amounts, set forth in the following table: thorization of appropriations in subsection struction projects for the installations or lo-

Defense Agencies: Outside the United States

Country Installation or Location Amount

Qatar ...... Al Udeid ...... $6,600,000

(c) AUTHORIZATION OF APPROPRIATIONS.— (2) For military construction projects out- propriated pursuant to the authorization of Funds are hereby authorized to be appro- side the United States authorized by sub- appropriations in subsection (b), the Sec- priated for fiscal years beginning after Sep- section (a), $6,600,000. retary of Defense may carry out base closure tember 30, 2007, for military construction, SEC. 2905. AUTHORIZED BASE CLOSURE AND RE- and realignment activities otherwise author- land acquisition, and military family hous- ALIGNMENT ACTIVITIES FUNDED ized by section 2702 of this Act, including THROUGH DEPARTMENT OF DE- real property acquisition and military con- ing functions of the Department of Defense FENSE BASE CLOSURE ACCOUNT (other than the military departments) in the 2005 AND RELATED AUTHORIZATION struction projects, as authorized by the De- total amount of $27,600,000 as follows: OF APPROPRIATIONS. fense Base Closure and Realignment Act of (1) For military construction projects in- (a) AUTHORIZED BASE CLOSURE AND RE- 1990 (part A of title XXIX of Public Law 101– side the United States authorized by sub- ALIGNMENT ACTIVITIES FUNDED THROUGH DE- 510; 10 U.S.C. 2687 note) and funded through section (a), $21,000,000. PARTMENT OF DEFENSE BASE CLOSURE AC- the Department of Defense Base Closure Ac- COUNT 2005.—Using amounts authorized ap- count 2005 established by section 2906A of

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00222 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.077 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H249 such Act, in the amount of $423,650,000. Such Sec. 3133. Minimum security standard for SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. amount is in addition to the amount speci- nuclear weapons and formula Funds are hereby authorized to be appro- fied for such base closure and realignment quantities of strategic special priated to the Department of Energy for fis- activities in section 2702 of this Act. nuclear material. cal year 2008 for defense nuclear waste dis- (b) AUTHORIZATION OF APPROPRIATIONS.— Sec. 3134. Annual report. posal for payment to the Nuclear Waste Funds are hereby authorized to be appro- Subtitle A—National Security Programs Fund established in section 302(c) of the Nu- priated for fiscal years beginning after Sep- Authorizations clear Waste Policy Act of 1982 (42 U.S.C. tember 30, 2007, for base closure and realign- SEC. 3101. NATIONAL NUCLEAR SECURITY AD- 10222(c)) in the amount of $292,046,000. ment activities authorized by subsection (a) MINISTRATION. SEC. 3105. ENERGY SECURITY AND ASSURANCE. and funded through the Department of De- (a) AUTHORIZATION OF APPROPRIATIONS.— Funds are hereby authorized to be appro- fense Base Closure Account 2005 in the total Funds are hereby authorized to be appro- priated to the Department of Energy for fis- amount of $415,910,000. priated to the Department of Energy for fis- cal year 2008 for energy security and assur- DIVISION C—DEPARTMENT OF ENERGY cal year 2008 for the activities of the Na- ance programs necessary for national secu- NATIONAL SECURITY AUTHORIZATIONS tional Nuclear Security Administration in rity in the amount of $5,860,000. AND OTHER AUTHORIZATIONS carrying out programs necessary for na- Subtitle B—Program Authorizations, TITLE XXXI—DEPARTMENT OF ENERGY tional security in the amount of Restrictions, and Limitations NATIONAL SECURITY PROGRAMS $9,576,095,000, to be allocated as follows: (1) For weapons activities, $6,465,574,000. SEC. 3111. RELIABLE REPLACEMENT WARHEAD Subtitle A—National Security Programs PROGRAM. (2) For defense nuclear nonproliferation ac- Authorizations No funds appropriated pursuant to the au- tivities, $1,902,646,000. thorization of appropriations in section Sec. 3101. National Nuclear Security Admin- (3) For naval reactors, $808,219,000. 3101(a)(1) or otherwise made available for istration. (4) For the Office of the Administrator for weapons activities of the National Nuclear Sec. 3102. Defense environmental cleanup. Nuclear Security, $399,656,000. Security Administration for fiscal year 2008 Sec. 3103. Other defense activities. (b) AUTHORIZATION OF NEW PLANT may be obligated or expended for activities Sec. 3104. Defense nuclear waste disposal. PROJECTS.—From funds referred to in sub- Sec. 3105. Energy security and assurance. section (a) that are available for carrying under the Reliable Replacement Warhead Subtitle B—Program Authorizations, out plant projects, the Secretary of Energy program under section 4204a of the Atomic Restrictions, and Limitations may carry out new plant projects for the Na- Energy Defense Act (50 U.S.C. 2524a) beyond phase 2A activities. Sec. 3111. Reliable Replacement Warhead tional Nuclear Security Administration as program. follows: SEC. 3112. NUCLEAR TEST READINESS. Sec. 3112. Nuclear test readiness. (1) For readiness in technical base and fa- (a) REPEAL OF REQUIREMENTS ON READINESS Sec. 3113. Modification of reporting require- cilities, the following new plant projects: POSTURE.—Section 3113 of the National De- ment. Project 08–D–801, High pressure fire loop, fense Authorization Act for Fiscal Year 2004 Sec. 3114. Limitation on availability of Pantex Plant, Amarillo, Texas, $7,000,000. (Public Law 108–136; 117 Stat. 1743; 50 U.S.C. funds for Fissile Materials Dis- Project 08–D–802, High explosive pressing 2528a) is repealed. position program. facility, Pantex Plant, Amarillo, Texas, (b) REPORTS ON NUCLEAR TEST READINESS Sec. 3115. Modification of limitations on $25,300,000. POSTURES.— availability of funds for Waste Project 08–D–804, Technical Area 55 rein- (1) IN GENERAL.—Section 4208 of the Atomic Treatment and Immobilization vestment project, Los Alamos National Lab- Energy Defense Act (50 U.S.C. 2528) is amend- Plant. oratory, Los Alamos, New Mexico, $6,000,000. ed to read as follows: Sec. 3116. Modification of sunset date of the (2) For facilities and infrastructure recapi- ‘‘SEC. 4208. REPORTS ON NUCLEAR TEST READI- Office of the Ombudsman of the talization, the following new plant projects: NESS. Energy Employees Occupa- Project 08–D–601, Mercury highway, Ne- ‘‘(a) IN GENERAL.—Not later than March 1, tional Illness Compensation vada Test Site, Nevada, $7,800,000. 2009, and every odd-numbered year there- Program. Project 08–D–602, Potable water system up- after, the Secretary of Energy shall submit Sec. 3117. Technical amendments. grades, Y–12 Plant, Oak Ridge, Tennessee, to the congressional defense committees a Subtitle C—Other Matters $22,500,000. report on the nuclear test readiness of the (3) For safeguards and security, the fol- United States. Sec. 3121. Study on using existing pits for lowing new plant project: ‘‘(b) ELEMENTS.—Each report under sub- the Reliable Replacement War- Project 08–D–701, Nuclear materials safe- section (a) shall include, current as of the head program. guards and security upgrade, Los Alamos Na- date of such report, the following: Sec. 3122. Report on retirement and dis- tional Laboratory, Los Alamos, New Mexico, ‘‘(1) An estimate of the period of time that mantlement of nuclear war- $49,496,000. would be necessary for the Secretary of En- heads. (4) For naval reactors, the following new ergy to conduct an underground test of a nu- Sec. 3123. Plan for addressing security risks plant projects: clear weapon once directed by the President posed to nuclear weapons com- Project 08–D–901, Shipping and receiving to conduct such a test. plex. and warehouse complex, Bettis Atomic ‘‘(2) A description of the level of test readi- Sec. 3124. Department of Energy protective Power Laboratory, West Mifflin, Pennsyl- ness that the Secretary of Energy, in con- forces. vania, $9,000,000. sultation with the Secretary of Defense, de- Sec. 3125. Evaluation of National Nuclear Project 08–D–190, Project engineering and termines to be appropriate. Security Administration stra- design, Expended Core Facility M–290 Recov- ‘‘(3) A list and description of the workforce tegic plan for advanced com- ering Discharge Station, Naval Reactors Fa- skills and capabilities that are essential to puting. cility, Idaho Falls, Idaho, $550,000. carrying out an underground nuclear test at Sec. 3126. Sense of Congress on the nuclear SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. the Nevada Test Site. nonproliferation policy of the (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) A list and description of the infra- United States and the Reliable Funds are hereby authorized to be appro- structure and physical plant that are essen- Replacement Warhead program. priated to the Department of Energy for fis- tial to carrying out an underground nuclear Sec. 3127. Department of Energy report on cal year 2008 for defense environmental test at the Nevada Test Site. plan to strengthen and expand cleanup activities in carrying out programs ‘‘(5) An assessment of the readiness status International Radiological necessary for national security in the of the skills and capabilities described in Threat Reduction program. amount of $5,367,905,000. paragraph (3) and the infrastructure and Sec. 3128. Department of Energy report on (b) AUTHORIZATION FOR NEW PLANT physical plant described in paragraph (4). plan to strengthen and expand PROJECT.—From funds referred to in sub- ‘‘(c) FORM.—Each report under subsection Materials Protection, Control, section (a) that are available for carrying (a) shall be submitted in unclassified form, and Accounting program. out plant projects, the Secretary of Energy but may include a classified annex.’’. Sec. 3129. Agreements and reports on nu- may carry out, for defense environmental (2) CLERICAL AMENDMENT.—The item relat- clear forensics capabilities. cleanup activities, the following new plant ing to section 4208 in the table of contents Sec. 3130. Report on status of environmental project: for such Act is amended to read as follows: management initiatives to ac- Project 08–D–414, Project engineering and ‘‘Sec. 4208. Reports on nuclear test readi- celerate the reduction of envi- design, Plutonium Vitrification Facility, ness.’’. ronmental risks and challenges various locations, $9,000,000. posed by the legacy of the Cold SEC. 3113. MODIFICATION OF REPORTING RE- SEC. 3103. OTHER DEFENSE ACTIVITIES. QUIREMENT. War. Funds are hereby authorized to be appro- Section 3111 of the National Defense Au- Subtitle D—Nuclear Terrorism Prevention priated to the Department of Energy for fis- thorization Act for Fiscal Year 2006 (Public Sec. 3131. Definitions. cal year 2008 for other defense activities in Law 109–163; 119 Stat. 3539) is amended— Sec. 3132. Sense of Congress on the preven- carrying out programs necessary for na- (1) by redesignating subsections (c) and (d) tion of nuclear terrorism. tional security in the amount of $763,974,000. as (d) and (e), respectively;

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00223 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.077 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H250 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (2) by inserting after subsection (b) the fol- the Nuclear Weapons Council, shall carry out deployed to address the physical and cyber lowing: a study analyzing the feasibility of using ex- security threats posed to that site; ‘‘(c) FORM.—The report required by sub- isting pits in the Reliable Replacement War- ‘‘(B) for each site and for the nuclear weap- section (b) shall be submitted in classified head program. ons complex, the methods used by the Na- form, and shall include a detailed unclassi- (b) REPORT.— tional Nuclear Security Administration to fied summary.’’; and (1) IN GENERAL.—Not later six months after establish priorities among investments in (3) in subsection (e), as so redesignated, by the date of the enactment of this Act, the physical and cyber security technologies; striking ‘‘(c)’’ and inserting ‘‘(d)’’. Administrator shall submit to the congres- and SEC. 3114. LIMITATION ON AVAILABILITY OF sional defense committees a report on the re- ‘‘(C) a detailed description of how the funds FUNDS FOR FISSILE MATERIALS DIS- sults of the study. The report shall be in un- identified for each program element specified POSITION PROGRAM. classified form, but may include a classified pursuant to paragraph (1) in the budget for (a) LIMITATION PENDING REPORT ON USE OF annex. the Administration for each fiscal year dur- PRIOR FISCAL YEAR FUNDS.—No more than 75 (2) MATTERS INCLUDED.—The report shall ing that five-fiscal year period will help percent of the fiscal year 2008 Fissile Mate- contain the assessment of the Administrator carry out that plan.’’. rials Disposition program funds may be obli- of the results of the study, including— gated for the Fissile Materials Disposition (A) an assessment of— SEC. 3124. DEPARTMENT OF ENERGY PROTEC- program until the Secretary of Energy, in (i) whether using existing pits in the pro- TIVE FORCES. consultation with the Administrator for Nu- gram is technically feasible; (a) COMPTROLLER GENERAL REPORT ON DE- clear Security, submits to the congressional (ii) whether using existing pits in the pro- PARTMENT OF ENERGY PROTECTIVE FORCE defense committees a report setting forth a gram is more advantageous than using newly MANAGEMENT.— plan for obligating and expending funds manufactured pits in the program; (1) IN GENERAL.—Not later than 180 days made available for that program in fiscal (iii) the number of existing pits suitable after the date of the enactment of this Act, years before fiscal year 2008 that remain for such use; the Comptroller General of the United States available for obligation or expenditure as of (iv) whether proceeding to use existing pits shall submit to the Committee on Armed January 1, 2005, and for fiscal year 2008. in the program before using newly manufac- Services of the Senate and the Committee on (b) AVAILABILITY OF UNUTILIZED FUNDS tured pits in the program is desirable; and Armed Services of the House of Representa- UNDER CERTIFICATION OF PARTIAL USE.—Any (v) the extent to which using existing pits, funds identified in the plan required in sub- tives a report on the management of the pro- as compared to using newly manufactured tective forces of the Department of Energy. section (a) that are not planned to be obli- pits, in the program would reduce future re- gated by the end of fiscal year 2009 shall also (2) CONTENTS.—The report shall include the quirements for new pit production, and how following: be available for any defense nuclear non- such use of existing pits would affect the proliferation activities (other than the (A) An identification of each Department schedule and scope for new pit production; of Energy site with Category I nuclear mate- Fissile Materials Disposition program) for and which amounts are authorized to be appro- rials. (B) a comparison of the requirements for (B) For each site identified under subpara- priated by section 3101(a)(2). certifying— (c) FISCAL YEAR 2008 FISSILE MATERIALS graph (A)— (i) reliable replacement warheads using ex- (i) a description of the management and DISPOSITION PROGRAM FUNDS DEFINED.—In isting pits; contractual structure for protective forces at this section, the term ‘‘fiscal year 2008 (ii) reliable replacement warheads using the site; Fissile Materials Disposition program funds’’ newly manufactured pits; and (ii) a statement of the number and cat- means amounts authorized to be appro- (iii) warheads maintained by the Stockpile egory of protective force members at the priated by section 3101(a)(2) and available for Life Extension Program. site; the Fissile Materials Disposition program. (c) FUNDING.—Of the amounts made avail- SEC. 3115. MODIFICATION OF LIMITATIONS ON able pursuant to the authorization of appro- (iii) a description of the manner in which AVAILABILITY OF FUNDS FOR priations in section 3101(a)(1), such funds as the site is moving to a tactical response WASTE TREATMENT AND IMMO- may be necessary shall be available to carry force as required by the policy of the Depart- BILIZATION PLANT. out this section. ment of Energy and an assessment of the Paragraph (2) of section 3120(a) of the John issues or problems, if any, involved in mov- Warner National Defense Authorization Act SEC. 3122. REPORT ON RETIREMENT AND DIS- MANTLEMENT OF NUCLEAR WAR- ing to such a force; for Fiscal Year 2007 (Public Law 109–364; 120 HEADS. (iv) a description of the extent to which Stat. 2510) is amended— Not later than March 1, 2008, the Adminis- the protective force at the site has been as- (1) by striking ‘‘the Defense Contract Man- trator for Nuclear Security, in consultation signed or is responsible for law enforcement agement Agency has recommended for ac- with the Nuclear Weapons Council, shall sub- or law-enforcement related activities; ceptance’’ and inserting ‘‘an independent en- mit to the congressional defense committees (v) an assessment of the ability of the pro- tity has reviewed’’; and a report on the retirement and dismantle- tective force at the site to fulfill any such (2) by inserting ‘‘and that the system has ment of the nuclear warheads that will not law enforcement or law enforcement-related been certified by the Secretary for use by a be part of the enduring stockpile as of De- responsibilities; and construction contractor at the Waste Treat- cember 31, 2012, but that have not yet been (vi) an assessment of whether the protec- ment and Immobilization Plant’’ after retired or dismantled. The report shall in- tive force at the site is adequately staffed, ‘‘Waste Treatment and Immobilization clude— trained, and equipped to comply with the re- Plant’’. (1) the existing plan and schedule for retir- quirements of the Design Basis Threat issued SEC. 3116. MODIFICATION OF SUNSET DATE OF ing and dismantling those warheads; by the Department of Energy in November THE OFFICE OF THE OMBUDSMAN (2) an assessment of the capacity of the nu- 2005 and, if not, when it is projected to be. OF THE ENERGY EMPLOYEES OCCU- clear weapons complex to accommodate an (C) An analysis comparing the manage- PATIONAL ILLNESS COMPENSATION accelerated schedule for retiring and disman- ment, training, pay, benefits, duties, respon- PROGRAM. tling those warheads, taking into account Section 3686(g) of the Energy Employees sibilities, and assignments of the protective the full range of capabilities in the complex; Occupational Illness Compensation Program force at each site identified under subpara- and Act of 2000 (42 U.S.C. 7385s–15(g)) is amended graph (A) with the management, training, (3) an identification of the resources need- by striking ‘‘on the date that is 3 years after pay, benefits, duties, responsibilities, and as- ed to accommodate such an accelerated the date of the enactment of this section’’ signments of the Federal transportation se- schedule for retiring and dismantling those and inserting ‘‘October 28, 2012’’. curity force of the Department of Energy. warheads. SEC. 3117. TECHNICAL AMENDMENTS. (D) A statement of options for managing SEC. 3123. PLAN FOR ADDRESSING SECURITY The Atomic Energy Defense Act (50 U.S.C. the protective force at sites identified under RISKS POSED TO NUCLEAR WEAP- subparagraph (A) in a more uniform manner, 2521 et seq.) is amended as follows: ONS COMPLEX. an analysis of the advantages and disadvan- (1) The heading of section 4204a (50 U.S.C. Section 3253(b) of the National Nuclear Se- tages of each option, and an assessment of 2524a) is amended to read as follows: curity Administration Act (50 U.S.C. 2453(b)) ‘‘SEC. 4204A. RELIABLE REPLACEMENT is amended by adding at the end the fol- the approximate cost of each option when WARHEAD PROGRAM.’’. lowing: compared with the costs associated with the (2) The table of contents for that Act is ‘‘(6) A plan, developed in consultation with existing management of the protective force amended by inserting after the item relating the Director of the Office of Health, Safety, at such sites. to section 4204 the following new item: and Security of the Department of Energy, (3) FORM.—The report shall be submitted in ‘‘Sec. 4204A. Reliable Replacement Warhead for the research and development, deploy- unclassified form, but may include a classi- program.’’. ment, and lifecycle sustainment of the tech- fied annex. Subtitle C—Other Matters nologies employed within the nuclear weap- (b) DEPARTMENT OF ENERGY ANALYSIS OF SEC. 3121. STUDY ON USING EXISTING PITS FOR ons complex to address physical and cyber ALTERNATIVES FOR MANAGING AND DEPLOYING THE RELIABLE REPLACEMENT WAR- security threats during the applicable five- PROTECTIVE FORCES.— HEAD PROGRAM. fiscal year period, together with— (1) IN GENERAL.—Not later than 90 days (a) STUDY REQUIRED.—The Administrator ‘‘(A) for each site in the nuclear weapons after the date on which the report is sub- for Nuclear Security, in consultation with complex, a description of the technologies mitted under subsection (a), the Secretary of

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00224 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.077 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H251 Energy, in conjunction with the Adminis- the Non-Proliferation of Nuclear Weapons, security upgrades, give high priority to trator for Nuclear Security and the Assist- done at Washington, London, and Moscow those determined to be the highest risk; ant Secretary for Environmental Manage- July 1, 1968, and entered into force March 5, (4) accelerate efforts to remove as many ment, shall submit to the Committee on 1970 (in this section referred to as the ‘‘Nu- radioisotope thermoelectric generators Armed Services of the Senate and the Com- clear Non-Proliferation Treaty’’); (RTGs) in the Russian Federation as prac- mittee on Armed Services of the House of (2) the United States should initiate talks ticable; Representatives a report on the management with Russia to reduce the number of non- (5) develop a long-term sustainability plan of the protective forces of the Department of strategic nuclear weapons and further reduce for security upgrades that includes, among Energy. the number of strategic nuclear weapons in other things, future resources required to (2) CONTENTS.—The report shall include the the respective nuclear weapons stockpiles of implement such a plan; and following: the United States and Russia in a trans- (6) develop a long-term operational plan (A) Each of the matters specified in sub- parent and verifiable fashion and in a man- that ensures sufficient funding for the IRTR paragraphs (A), (B), and (C) of subsection ner consistent with the security of the program and ensures sufficient funding to (a)(2). United States; identify, recover, and secure all vulnerable (B) Each of the matters specified in sub- (3) the United States and other declared high-risk radiological sources worldwide as paragraph (D) of subsection (a)(2), except nuclear weapons state parties to the Nuclear quickly and effectively as possible. that— Non-Proliferation Treaty, together with SEC. 3128. DEPARTMENT OF ENERGY REPORT ON (i) the options analyzed shall include each weapons states that are not parties to the PLAN TO STRENGTHEN AND EXPAND of the options included in the report sub- Treaty, should work to reduce the total MATERIALS PROTECTION, CONTROL, AND ACCOUNTING PROGRAM. mitted under subsection (a), as well as any number of nuclear weapons in the respective Not later than 120 days after the date of other options identified by the Secretary; stockpiles and related delivery systems of the enactment of this Act, the Secretary of and such states; Energy shall submit to Congress a specific (ii) the analysis and assessment shall also (4) the United States, Russia, and other plan for strengthening and expanding the De- include an analysis of the role played by in- states should work to negotiate, and then partment of Energy Materials Protection, centives inherent in the use of private con- sign and ratify, a treaty setting forth a date Control, and Accounting (MPC&A) program. tractors to provide protective forces in the for the cessation of the production of fissile The plan shall address concerns raised and performance of those protective forces. material; recommendations made by the Government (3) FORM.—The report shall be submitted in (5) the United States should sustain the Accountability Office in its report of Feb- unclassified form, but may include a classi- science-based stockpile stewardship pro- ruary 2007, titled ‘‘Progress Made in Improv- fied annex. gram, which provides the basis for certifying ing Security at Russian Nuclear Sites, but SEC. 3125. EVALUATION OF NATIONAL NUCLEAR the United States nuclear deterrent and the Long-Term Sustainability of U.S. Fund- SECURITY ADMINISTRATION STRA- maintaining the moratorium on underground ed Security Upgrades is Uncertain’’, and TEGIC PLAN FOR ADVANCED COM- nuclear weapons testing; shall specifically include actions to— PUTING. (6) the United States should commit to dis- (1) strengthen program management and (a) IN GENERAL.—The Secretary of Energy mantle as soon as possible all retired war- the effectiveness of the Department’s efforts shall— heads or warheads that are planned to be re- to improve security at weapons-usable nu- (1) enter into an agreement with an inde- tired from the United States nuclear weap- clear material and warhead sites in the Rus- pendent entity to conduct an evaluation of ons stockpile; sian Federation and other countries by— the strategic plan for advanced computing of (7) the United States, along with the other (A) revising the metrics used to measure the National Nuclear Security Administra- declared nuclear weapons state parties to the MPC&A program progress to better reflect tion; and Nuclear Non-Proliferation Treaty, should the level of security upgrade completion at (2) not later than one year after the date of participate in transparent discussions re- buildings reported as ‘‘secure’’; the enactment of this Act, submit to the garding their nuclear weapons programs and (B) actively working with other countries, congressional defense committees a report plans, including plans for any new weapons in coordination with the Secretary of State, containing the results of the evaluation de- or warheads, and how such programs and to develop an appropriate access plan for scribed in paragraph (1). plans relate to their obligations as nuclear each country; and (b) ELEMENTS.—The evaluation described weapons state parties under the Treaty; (C) developing a management information in subsection (a)(1) shall include the fol- (8) the United States and the declared nu- system to track the Department’s progress lowing: clear weapons state parties to the Nuclear in providing Russia with a sustainable (1) An assessment of— Non-Proliferation Treaty should work to de- MPC&A system by 2013; and (A) the adequacy of the strategic plan in crease reliance on, and the importance of, (2) develop a long-term operational plan supporting the Stockpile Stewardship Pro- nuclear weapons; and that ensures sufficient funding for the gram; (9) the United States should formulate any MPC&A program, including for National (B) the role of research into, and develop- decision on whether to manufacture or de- Programs and Sustainability, and ensures ment of, high-performance computing sup- ploy a reliable replacement warhead within sufficient funding to secure all weapons-usa- ported by the National Nuclear Security Ad- the broader context of the progress made by ble nuclear material and warhead sites as ministration in fulfilling the mission of the the United States toward achieving each of quickly and effectively as possible. National Nuclear Security Administration the goals described in paragraphs (1) through SEC. 3129. AGREEMENTS AND REPORTS ON NU- and in maintaining the leadership of the (8). CLEAR FORENSICS CAPABILITIES. United States in high-performance com- (a) INTERNATIONAL AGREEMENTS.— SEC. 3127. DEPARTMENT OF ENERGY REPORT ON puting; and (1) IN GENERAL.—Title XLIII of the Atomic (C) the impacts of changes in investment PLAN TO STRENGTHEN AND EXPAND INTERNATIONAL RADIOLOGICAL Energy Defense Act (50 U.S.C. 2561 et seq.) is levels or research and development strate- THREAT REDUCTION PROGRAM. amended by adding at the end the following: gies on fulfilling the missions of the Na- ‘‘SEC. 4307. INTERNATIONAL AGREEMENTS ON tional Nuclear Security Administration. Not later than 120 days after the date of the enactment of this Act, the Secretary of NUCLEAR WEAPONS DATA. (2) An assessment of the efforts of the De- ‘‘The Secretary of Energy may, with the partment of Energy to— Energy shall submit to Congress a report that sets forth a specific plan for strength- concurrence of the Secretary of State and in (A) coordinate high-performance com- coordination with the Secretary of Defense, ening and expanding the Department of En- puting work within the Department, in par- the Secretary of Homeland Security, and the ergy International Radiological Threat Re- ticular between the National Nuclear Secu- Director of National Intelligence, enter into duction (IRTR) program within the Global rity Administration and the Office of agreements with countries or international Threat Reduction Initiative. The plan shall Science; organizations to conduct data collection and (B) develop joint strategies with other Fed- address concerns raised and recommenda- analysis to determine accurately and in a eral agencies and private industry groups for tions made by the Government Account- timely manner the source of any components the development of high-performance com- ability Office in its report of March 13, 2007, of, or fissile material used or attempted to puting; and titled ‘‘Focusing on the Highest Priority Ra- be used in, a nuclear device or weapon. diological Sources Could Improve DOE’s Ef- (C) share high-performance computing de- ‘‘SEC. 4308. INTERNATIONAL AGREEMENTS ON IN- velopments with private industry and cap- forts to Secure Sources in Foreign Coun- FORMATION ON RADIOACTIVE MA- italize on innovations in private industry in tries’’, and shall specifically include actions TERIALS. high-performance computing. to— ‘‘The Secretary of Energy may, with the (1) improve the Department’s coordination SEC. 3126. SENSE OF CONGRESS ON THE NU- concurrence of the Secretary of State and in CLEAR NON-PROLIFERATION POL- with the Department of State and the Nu- coordination with the Secretary of Defense, ICY OF THE UNITED STATES AND clear Regulatory Commission; the Secretary of Homeland Security, and the THE RELIABLE REPLACEMENT WAR- (2) improve information-sharing between Director of National Intelligence, enter into HEAD PROGRAM. the Department and the International Atom- agreements with countries or international It is the sense of Congress that— ic Energy Agency; organizations— (1) the United States should maintain its (3) with respect to hospitals and clinics ‘‘(1) to acquire for the materials informa- commitment to Article VI of the Treaty on containing radiological sources that receive tion program of the Department of Energy

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00225 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H252 CONGRESSIONAL RECORD — HOUSE January 16, 2008 validated information on the physical char- (B) Regulatory agreements. cluding combating nuclear smuggling, secur- acteristics of radioactive material produced, (C) Interim storage and final disposal of ing and accounting for nuclear weapons, and used, or stored at various locations, in order high-level waste, spent nuclear fuel, trans- eliminating, removing, or securing and ac- to facilitate the ability to determine accu- uranic waste, and low-level waste. counting for formula quantities of strategic rately and in a timely manner the source of (D) Closure and transfer of environmental special nuclear material wherever such any components of, or fissile material used remediation sites. quantities may be; or attempted to be used in, a nuclear device (E) Achievements in innovation by con- (3) the United States, together with the or weapon; and tractors of the Department with respect to international community, should take a ‘‘(2) to obtain access to information de- accelerated risk reduction and cleanup. comprehensive approach to reducing the dan- scribed in paragraph (1) in the event of— (F) Consolidation of special nuclear mate- ger of nuclear terrorism, including by mak- ‘‘(A) a nuclear detonation; or rials and improvements in safeguards and se- ing additional efforts to identify and elimi- ‘‘(B) the interdiction or discovery of a nu- curity. nate terrorist groups that aim to acquire nu- clear device or weapon or nuclear material.’’. (2) An assessment of whether legislative clear weapons, to ensure that nuclear weap- (2) CLERICAL AMENDMENT.—The table of changes or clarifications would improve or ons worldwide are secure and accounted for contents at the beginning of such Act is accelerate environmental management ac- and that formula quantities of strategic spe- amended by inserting after the item relating tivities. cial nuclear material worldwide are elimi- to section 4306A the following: (3) A listing of the major mandatory mile- nated, removed, or secure and accounted for ‘‘Sec. 4307. International agreements on nu- stones and commitments by site, by type of to a degree sufficient to defeat the threat clear weapons data. agreement, and by year to the extent that that terrorists and criminals have shown ‘‘Sec. 4308. International agreements on in- they are currently defined, together with a they can pose, and to increase the ability to formation on radioactive mate- summary of the major mandatory milestones find and stop terrorist efforts to manufac- rials.’’. by site that are projected to be missed or are ture nuclear explosives or to transport nu- (b) REPORT ON AGREEMENTS.—Not later in jeopardy of being missed, with categories clear explosives and materials anywhere in than one year after the date of the enact- to explain the reason for non-compliance. the world; ment of this Act, the Secretary of Energy (4) An estimate of the life cycle cost of the (4) within such a comprehensive approach, shall, in coordination with the Secretary of current scope of the environmental manage- a high priority must be placed on ensuring State, submit to Congress a report identi- ment program as of October 1, 2007, by that all nuclear weapons worldwide are se- fying— project baseline summary and summarized cure and accounted for and that all formula (1) the countries or international organiza- by site, including assumptions impacting quantities of strategic special nuclear mate- tions with which the Secretary has sought to cost projections and descriptions of the work rial worldwide are eliminated, removed, or make agreements pursuant to sections 4307 to be done at each site. secure and accounted for; and and 4308 of the Atomic Energy Defense Act, (5) For environmental cleanup liabilities (5) the International Atomic Energy Agen- as added by subsection (a); and excess facilities projected to be trans- cy should be funded appropriately to fulfill (2) any countries or international organiza- ferred to the environmental management its role in coordinating international efforts tions with which such agreements have been program, a description of the process for to protect nuclear material and to combat finalized and the measures included in such nomination and acceptance of new work nuclear smuggling. agreements; and scope into the program, a listing of pending SEC. 3133. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA (3) any major obstacles to completing such nominations, and life cycle cost estimates agreements with other countries and inter- QUANTITIES OF STRATEGIC SPECIAL and schedules to address them. NUCLEAR MATERIAL. national organizations. (c) REVIEW BY COMPTROLLER GENERAL.— (a) POLICY.—It is the policy of the United (c) REPORT ON STANDARDS AND CAPABILI- Not later than March 30, 2009, the Comp- States to work with the international com- TIES.—Not later than 180 days after the date troller General shall submit to the congres- of the enactment of this Act, the President munity to take all possible steps to ensure sional defense committees a report con- that all nuclear weapons around the world shall submit to Congress a report— taining a review of the report required by (1) setting forth standards and procedures are secure and accounted for and that all for- subsection (a). mula quantities of strategic special nuclear to be used in determining accurately and in material are eliminated, removed, or secure a timely manner any country or group that Subtitle D—Nuclear Terrorism Prevention and accounted for to a level sufficient to de- knowingly or negligently provides to an- SEC. 3131. DEFINITIONS. feat the threats posed by terrorists and other country or group— In this subtitle: criminals. (A) a nuclear device or weapon; (1) The term ‘‘Convention on the Physical (b) INTERNATIONAL NUCLEAR SECURITY (B) a major component of a nuclear device Protection of Nuclear Material’’ means the Convention on the Physical Protection of STANDARD.—It is the sense of Congress that, or weapon; or in furtherance of the policy described in sub- Nuclear Material, signed at New York and (C) fissile material that could be used in a section (a), and consistent with the require- Vienna March 3, 1980. nuclear device or weapon; ment for ‘‘appropriate effective’’ physical (2) The term ‘‘formula quantities of stra- (2) assessing the capability of the United protection contained in United Nations Se- tegic special nuclear material’’ means ura- States to collect and analyze nuclear mate- curity Council Resolution 1540 (2004), as well rial or debris in a manner consistent with nium–235 (contained in uranium enriched to as the Nuclear Non-Proliferation Treaty and the standards and procedures described in 20 percent or more in the U–235 isotope), ura- the Convention on the Physical Protection paragraph (1); and nium–233, or plutonium in any combination of Nuclear Material, the President, in con- (3) including a plan and proposed funding in a total quantity of 5,000 grams or more sultation with relevant Federal departments for rectifying any shortfalls in the nuclear computed by the formula, grams = (grams and agencies, should seek the broadest pos- forensics capabilities of the United States by contained U–235) + 2.5 (grams U–233 + grams sible international agreement on a global September 30, 2010. plutonium), as set forth in the definitions of standard for nuclear security that— SEC. 3130. REPORT ON STATUS OF ENVIRON- ‘‘formula quantity’’ and ‘‘strategic special (1) ensures that nuclear weapons and for- MENTAL MANAGEMENT INITIATIVES nuclear material’’ in section 73.2 of title 10, mula quantities of strategic special nuclear TO ACCELERATE THE REDUCTION Code of Federal Regulations. material are secure and accounted for to a OF ENVIRONMENTAL RISKS AND (3) The term ‘‘Nuclear Non-Proliferation sufficient level to defeat the threats posed by CHALLENGES POSED BY THE LEG- Treaty’’ means the Treaty on the Non-Pro- ACY OF THE COLD WAR. terrorists and criminals; liferation of Nuclear Weapons, done at Wash- (a) IN GENERAL.—Not later than September (2) takes into account the limitations of 30, 2008, the Secretary of Energy shall submit ington, London, and Moscow July 1, 1968, and equipment and human performance; and to the congressional defense committees and entered into force March 5, 1970 (21 UST 483). (3) includes steps to provide confidence the Comptroller General of the United States (4) The term ‘‘nuclear weapon’’ means any that the needed measures have in fact been a report on the status of the environmental device utilizing atomic energy, exclusive of implemented. management initiatives undertaken to accel- the means for transporting or propelling the (c) INTERNATIONAL EFFORTS.—It is the erate the reduction of the environmental device (where such means is a separable and sense of Congress that, in furtherance of the risks and challenges that, as a result of the divisible part of the device), the principal policy described in subsection (a), the Presi- legacy of the Cold War, are faced by the De- purpose of which is for use as, or for the de- dent, in consultation with relevant Federal partment of Energy, contractors of the De- velopment of, a weapon, a weapon prototype, departments and agencies, should— partment, and applicable Federal and State or a weapon test device. (1) work with other countries and the agencies with regulatory jurisdiction. SEC. 3132. SENSE OF CONGRESS ON THE PREVEN- International Atomic Energy Agency to as- (b) ELEMENTS.—The report required by sub- TION OF NUCLEAR TERRORISM. sist as appropriate, and if necessary work to section (a) shall include the following: It is the sense of Congress that— convince, the governments of any and all (1) A discussion and assessment of the (1) the President should make the preven- countries in possession of nuclear weapons or progress made in reducing the environmental tion of a nuclear terrorist attack on the formula quantities of strategic special nu- risks and challenges described in subsection United States a high priority; clear material to ensure that security is up- (a) in each of the following areas: (2) the President should accelerate pro- graded to meet the standard described in (A) Acquisition strategy and contract man- grams, requesting additional funding as ap- subsection (b) as rapidly as possible and in a agement. propriate, to prevent nuclear terrorism, in- manner that—

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00226 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H253 (A) accounts for the nature of the terrorist TITLE XXXII—WAR-RELATED NATIONAL Sec. 3513. Chartering to State and local gov- and criminal threat in each such country; NUCLEAR SECURITY ADMINISTRATION ernmental instrumentalities. and AUTHORIZATIONS Sec. 3514. Disposal of obsolete Government (B) ensures that any measures to which the Sec. 3201. Additional war-related authoriza- vessels. United States and any such country agree tion of appropriations for Na- Sec. 3515. Vessel transfer authority. are sustained after United States and other tional Nuclear Security Admin- Sec. 3516. Sea trials for Ready Reserve international assistance ends; istration. Force. (2) ensure that United States financial and Sec. 3517. Review of applications for loans SEC. 3201. ADDITIONAL WAR-RELATED AUTHOR- and guarantees. technical assistance is available, as appro- IZATION OF APPROPRIATIONS FOR priate, to countries for which the provision NATIONAL NUCLEAR SECURITY AD- Subtitle C—Technical Corrections of such assistance would accelerate the im- MINISTRATION. Sec. 3521. Personal injury to or death of sea- plementation of, or improve the effective- (a) IN GENERAL.—Funds are hereby author- men. ness of, such security upgrades; and ized to be appropriated for fiscal year 2008 to Sec. 3522. Amendments to Chapter 537 based (3) work with the governments of other the Department of Energy for the National on Public Law 109–163. countries to ensure that effective nuclear se- Nuclear Security Administration for defense Sec. 3523. Additional amendments based on curity rules, accompanied by effective regu- nuclear nonproliferation in the amount of Public Law 109–163. lation and enforcement, are put in place to $50,000,000, of which $30,000,000 is for the Sec. 3524. Amendments based on Public Law govern all nuclear weapons and formula International Nuclear Materials Protection 109–171. quantities of strategic special nuclear mate- and Cooperation program and $20,000,000 is Sec. 3525. Amendments based on Public Law rial around the world. for the Global Threat Reduction Initiative. 109–241. SEC. 3134. ANNUAL REPORT. (b) TREATMENT AS ADDITIONAL AUTHORIZA- Sec. 3526. Amendments based on Public Law (a) IN GENERAL.—Not later than September TION.—The amounts authorized to be appro- 109–364. 1 of each year through 2012, the President, in priated by this section are in addition to Sec. 3527. Miscellaneous amendments. consultation with relevant Federal depart- amounts otherwise authorized to be appro- Sec. 3528. Application of sunset provision to ments and agencies, shall submit to Congress priated by this Act. codified provision. a report on the security of nuclear weapons TITLE XXXIII—DEFENSE NUCLEAR Sec. 3529. Additional technical corrections. and related equipment and formula quan- Subtitle A—Maritime Administration tities of strategic special nuclear material FACILITIES SAFETY BOARD Reauthorization outside of the United States. Sec. 3301. Authorization. (b) ELEMENTS.—The report required under SEC. 3301. AUTHORIZATION. SEC. 3501. AUTHORIZATION OF APPROPRIATIONS subsection (a) shall include the following: There are authorized to be appropriated for FOR FISCAL YEAR 2008. (1) A section on the programs for the secu- fiscal year 2008, $22,499,000 for the operation Funds are hereby authorized to be appro- rity and accounting of nuclear weapons and of the Defense Nuclear Facilities Safety priated for fiscal year 2008, to be available the elimination, removal, and security and Board under chapter 21 of the Atomic Energy without fiscal year limitation if so provided accounting of formula quantities of strategic Act of 1954 (42 U.S.C. 2286 et seq.). in appropriations Acts, for the use of the De- partment of Transportation for the Maritime special nuclear material, established under TITLE XXXIV—NAVAL PETROLEUM Administration as follows: section 3132(b) of the Ronald W. Reagan Na- RESERVES tional Defense Authorization Act for Fiscal (1) For expenses necessary for operations Year 2005 (50 U.S.C. 2569(b)), which shall in- Sec. 3401. Authorization of appropriations. and training activities, $124,303,000, of clude the following: Sec. 3402. Remedial action at Moab uranium which— (A) A survey of the facilities and sites milling site. (A) $63,958,000 shall remain available until worldwide that contain nuclear weapons or SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. expended for expenses and capital improve- related equipment, or formula quantities of (a) AMOUNT.—There are hereby authorized ments at the United States Merchant Marine strategic special nuclear material. to be appropriated to the Secretary of En- Academy; and (B) A list of such facilities and sites deter- ergy $17,301,000 for fiscal year 2008 for the (B) $11,500,000 which shall remain available mined to be of the highest priority for secu- purpose of carrying out activities under until expended for maintenance and repair of rity and accounting of nuclear weapons and chapter 641 of title 10, United States Code, school ships at the State Maritime Acad- related equipment, or the elimination, re- relating to the naval petroleum reserves. emies. moval, or security and accounting of formula (b) PERIOD OF AVAILABILITY.—Funds appro- (2) For expenses to maintain and preserve quantities of strategic special nuclear mate- priated pursuant to the authorization of ap- a United States-flag merchant fleet to serve rial, taking into account risk of theft from propriations in subsection (a) shall remain the national security needs of the United such facilities and sites, and organized by available until expended. States under chapter 531 of title 46, United level of priority. SEC. 3402. REMEDIAL ACTION AT MOAB URANIUM States Code, $156,000,000. (C) A prioritized plan, including measur- MILLING SITE. (3) For paying reimbursement under sec- able milestones, metrics, estimated time- Section 3405(i) of the Strom Thurmond Na- tion 3517 of the Maritime Security Act of tables, and estimated costs of implementa- tional Defense Authorization Act for Fiscal 2003 (46 U.S.C. 53101 note), $19,500,000. tion, on the following: Year 1999 (Public Law 105–261; 10 U.S.C. 7420 (4) For assistance to small shipyards and (i) The security and accounting of nuclear note) is amended by adding at the end the maritime communities under section 54101 of weapons and related equipment and the following new paragraph: title 46, United States Code, $25,000,000. elimination, removal, or security and ac- ‘‘(6)(A) Not later than October 1, 2019, the (5) For expenses to dispose of obsolete ves- counting of formula quantities of strategic Secretary of Energy shall complete remedi- sels in the National Defense Reserve Fleet, special nuclear material at such facilities ation at the Moab site and removal of the including provision of assistance under sec- and sites worldwide. tailings to the Crescent Junction site in tion 7 of Public Law 92–402, $20,000,000. (ii) Ensuring that security upgrades and Utah. (6) For the cost (as defined in section 502(5) accounting reforms implemented at such fa- ‘‘(B) In the event the Secretary of Energy of the Federal Credit Reform Act of 1990 (2 cilities and sites worldwide, using the finan- is unable to complete remediation at the U.S.C 661a(5)) of loan guarantees under the cial and technical assistance of the United Moab Site by October 1, 2019, the Secretary program authorized by chapter 537 of title 46, States, are effectively sustained after such shall submit to Congress a plan setting forth United States Code, $30,000,000. assistance ends. the projected completion date and the esti- (7) For administrative expenses related to (iii) The role that international agencies mated funding to meet the revised date. the implementation of the loan guarantee and the international community have com- The Secretary shall submit the plan, if re- program under chapter 537 of title 46, United mitted to play, together with a plan for se- quired, to Congress not later than October 2, States Code, administrative expenses related curing international contributions. 2019.’’. to implementation of the reimbursement (D) An assessment of the progress made in TITLE XXXV—MARITIME ADMINISTRATION program under section 3517 of the Maritime implementing the plan described in subpara- Subtitle A—Maritime Administration Security Act of 2003 (46 U.S.C. 53101 note), graph (C), including a description of the ef- Reauthorization and administrative expenses related to the forts of foreign governments to secure and implementation of the small shipyards and Sec. 3501. Authorization of appropriations account for nuclear weapons and related maritime communities assistance program for fiscal year 2008. equipment and to eliminate, remove, or se- under section 54101 of title 46, United States Sec. 3502. Temporary authority to transfer cure and account for formula quantities of Code, $6,000,000. obsolete combatant vessels to strategic special nuclear material. Navy for disposal. SEC. 3502. TEMPORARY AUTHORITY TO TRANS- FER OBSOLETE COMBATANT VES- (2) A section on efforts to establish and im- Sec. 3503. Vessel disposal program. plement the international nuclear security SELS TO NAVY FOR DISPOSAL. standard described in section 3133(b) and re- Subtitle B—Programs The Secretary of Transportation shall, lated policies. Sec. 3511. Commercial vessel chartering au- subject to the availability of appropriations (c) FORM.—The report may be submitted in thority. and consistent with section 1535 of title 31, classified form but shall include a detailed Sec. 3512. Maritime Administration vessel United States Code, popularly known as the unclassified summary. chartering authority. Economy Act, transfer to the Secretary of

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00227 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H254 CONGRESSIONAL RECORD — HOUSE January 16, 2008 the Navy during fiscal year 2008 for disposal head of each Federal department or agency (1) by inserting ‘‘(either by sale or pur- by the Navy, no fewer than 3 combatant ves- participating in the working group, in con- chase of disposal services)’’ after ‘‘shall dis- sels in the nonretention fleet of the Mari- sultation with the other Federal depart- pose’’; and time Administration that are acceptable to ments and agencies participating in the (2) by striking subparagraph (A) of para- the Secretary of the Navy. working group, shall take such action as graph (1) and inserting the following: SEC. 3503. VESSEL DISPOSAL PROGRAM. may be necessary, including the promulga- ‘‘(A) in accordance with a priority system (a) IN GENERAL.—Within 30 days after the tion of regulations, under existing authori- for disposing of vessels, as determined by the date of the enactment of this Act, the Sec- ties to ensure that the implementation of Secretary, which shall include provisions re- retary of Transportation shall convene a the plan provides for compliance with all quiring the Maritime Administration to— working group to review and make rec- Federal and State laws and for the protec- ‘‘(i) dispose of all deteriorated high pri- ommendations on best practices for the stor- tion of the environment in the storage, in- ority ships that are available for disposal, age and disposal of obsolete vessels owned or terim transportation, and disposal of obso- within 12 months of their designation as operated by the Federal Government. The lete vessels owned or operated by Federal such; and Secretary shall invite senior representatives agencies. ‘‘(ii) give priority to the disposition of from the Maritime Administration, the (2) ARMED SERVICES VESSELS.—The Sec- those vessels that pose the most significant Coast Guard, the Environmental Protection retary and the Secretary of Defense, in con- danger to the environment or cost the most Agency, the National Oceanic and Atmos- sultation with the Administrator of the En- to maintain;’’. pheric Administration, and the United vironmental Protection Agency, shall each SEC. 3515. VESSEL TRANSFER AUTHORITY. States Navy to participate in the working ensure that environmental best practices are Section 50304 of title 46, United States group. The Secretary may request the par- observed with respect to the storage, dis- Code, is amended by adding at the end there- ticipation of senior representatives of any posal, and interim transportation of obsolete of the following: other Federal department or agency, as ap- vessels owned or operated by the Department ‘‘(d) VESSEL CHARTERS TO OTHER DEPART- propriate, and may also request participa- of Defense. MENTS.—On a reimbursable or nonreimburs- tion from concerned State environmental (f) RULE OF CONSTRUCTION.—Nothing in this able basis, as determined by the Secretary of agencies. section shall be construed to supersede, Transportation, the Secretary may charter (b) SCOPE.—Among the vessels to be con- limit, modify, or otherwise affect any other or otherwise make available a vessel under sidered by the working group are Federally provision of law, including environmental the jurisdiction of the Secretary to any owned or operated vessels that are— law. other department, upon the request by the (1) to be scrapped or recycled; Subtitle B—Programs Secretary of the Department that receives (2) to be used as artificial reefs; or SEC. 3511. COMMERCIAL VESSEL CHARTERING the vessel. The prior consent of the Sec- (3) to be used for the Navy’s SINKEX pro- AUTHORITY. retary of Defense for such use shall be re- gram. (a) IN GENERAL.—Subchapter III of chapter quired with respect to any vessel in the (c) PURPOSE.—The working group shall— 575 of title 46, United States Code, is amend- Ready Reserve Force or in the National De- (1) examine current storage and disposal ed by adding at the end the following: fense Reserve Fleet which is maintained in a policies, procedures, and practices for obso- ‘‘§ 57533. Vessel chartering authority retention status for the Department of De- lete vessels owned or operated by Federal ‘‘The Secretary of Transportation may fense.’’. agencies; enter into contracts or other agreements on SEC. 3516. SEA TRIALS FOR READY RESERVE (2) examine Federal and State laws and behalf of the United States to purchase, FORCE. regulations governing such policies, proce- charter, operate, or otherwise acquire the Section 11(c)(1)(B) of the Merchant Ship dures, and practices and any applicable envi- use of any vessels documented under chapter Sales Act of 1946 (50 U.S.C. App. 1744(c)(1)(B)) ronmental laws; and 121 of this title and any other related real or is amended to read as follows: (3) within 90 days after the date of enact- personal property. The Secretary is author- ‘‘(B) activate and conduct sea trials on ment of the Act, submit a plan to the Com- ized to use this authority as the Secretary each vessel at least once every 30 months;’’. mittee on Armed Services and the Com- deems appropriate.’’. SEC. 3517. REVIEW OF APPLICATIONS FOR LOANS mittee on Commerce, Science and Transpor- (b) CONFORMING AMENDMENT.—The chapter AND GUARANTEES. tation of the Senate and the Committee on analysis for chapter 575 of such title is (a) FINDINGS.—The Congress makes the fol- Armed Services of the House of Representa- amended by adding at the end the following: lowing findings: tives to improve and harmonize practices for ‘‘57533. Vessel chartering authority’’. (1) The maritime loan guarantee program storage and disposal of such vessels, includ- SEC. 3512. MARITIME ADMINISTRATION VESSEL was established by the Congress through the ing the interim transportation of such ves- CHARTERING AUTHORITY. Merchant Marine Act, 1936 to encourage do- sels. Section 50303 of title 46, United States mestic shipbuilding by making available fed- (d) CONTENTS OF PLAN.—The working group Code, is amended by— erally backed loan guarantees for new con- shall include in the plan submitted under (1) inserting ‘‘vessels,’’ after ‘‘piers,’’; and struction to ship owners and operators. subsection (c)(3)— (2) by striking ‘‘control;’’ in subsection (2) The maritime loan guarantee program (1) a description of existing measures for (a)(1) and inserting ‘‘control, except that the has a long and successful history of ship con- the storage, disposal, and interim transpor- prior consent of the Secretary of Defense for struction with a low historical default rate. tation of obsolete vessels owned or operated such use shall be required with respect to (3) The current process for review of appli- by Federal agencies in compliance with Fed- any vessel in the Ready Reserve Force or in cations for maritime loans in the Depart- eral and State environmental laws in a man- the National Defense Reserve Fleet which is ment of Transportation has effectively dis- ner that protects the environment; maintained in a retention status for the De- continued the program as envisioned by the (2) a description of Federal and State laws partment of Defense;’’. Congress. and regulations governing the current poli- SEC. 3513. CHARTERING TO STATE AND LOCAL (4) The President has requested no funding cies, procedures, and practices for the stor- GOVERNMENTAL INSTRUMENTAL- for the loan guarantee program despite the age, disposal, and interim transportation of ITIES. stated national policy to foster the develop- such vessels; Section 11(b) of the Merchant Ship Sales ment and encourage the maintenance of a (3) recommendations for environmental Act of 1946 (50 U.S.C. App. 1744(b)), is amend- merchant marine in section 50101 of title 46, best practices that meet or exceed, and har- ed— United States Code. monize, the requirements of Federal environ- (1) by striking ‘‘or’’ after the semicolon in (5) United States commercial shipyards mental laws and regulations applicable to paragraph (3); were placed at a competitive disadvantage in the storage, disposal, and interim transpor- (2) by striking ‘‘Defense.’’ in paragraph (4) the world shipbuilding market by govern- tation of such vessels; and inserting ‘‘Defense; or’’; and ment subsidized foreign commercial ship- (4) recommendations for environmental (3) by adding at the end thereof the fol- yards. best practices that meet or exceed the re- lowing: (6) The maritime loan guarantee program quirements of State laws and regulations ap- ‘‘(5) on a reimbursable basis, for charter to has the potential to modernize shipyards and plicable to the storage, disposal, and interim the government of any State, locality, or the ships of the United States coastwise transportation of such vessels; Territory of the United States, except that trade and restore a competitive position in (5) procedures for the identification and re- the prior consent of the Secretary of Defense the world shipbuilding market for United mediation of any environmental impacts for such use shall be required with respect to States shipyards. caused by the storage, disposal, and interim any vessel in the Ready Reserve Force or in (7) The maritime loan guarantee program transportation of such vessels; and the National Defense Reserve Fleet which is is a useful tool to encourage domestic ship- (6) recommendations for necessary steps, maintained in a retention status for the De- building, preserving a vital industrial capac- including regulations if appropriate, to en- partment of Defense.’’. ity critical to the security of the United sure that best environmental practices apply SEC. 3514. DISPOSAL OF OBSOLETE GOVERN- States. to all such vessels. MENT VESSELS. (b) REQUIREMENTS.— (e) IMPLEMENTATION OF PLAN.— Section 6(c)(1) of the National Maritime (1) IN GENERAL.—Within 180 days after the (1) IN GENERAL.—As soon as practicable Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is date of enactment of this Act, the Adminis- after the date of enactment of the Act, the amended— trator of the Maritime Administration shall

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00228 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H255 develop and implement a comprehensive plan ance under subtitle D of the Maritime Secu- (9) The following provisions are amended for the review of applications for loan guar- rity Act of 2003 (46 U.S.C. 53101 note); and by striking ‘‘Secretary’’ and ‘‘Secretary of antees under chapter 537 of title 46, United ‘‘(B) after applying subparagraph (A), a Transportation’’ and inserting ‘‘Adminis- States Code. vessel that is otherwise eligible for a guar- trator’’: (2) DEADLINE FOR ACTION ON APPLICATION.— antee and that the Secretary of Defense de- (A) Section 53710(b)(2)(A)(i). (A) TRADITIONAL APPLICATIONS.—In the termines— (B) Section 53717(b) each place it appears in comprehensive plan the Administrator will ‘‘(i) is suitable for service as a naval auxil- a heading and in text. ensure that within the 90-day period fol- iary in time of war or national emergency; (C) Section 53718. lowing receipt of all pertinent documenta- and (D) Section 53731 each place it appears, ex- tion required for review of a traditional loan ‘‘(ii) meets a shortfall in sealift capacity or cept where ‘‘Secretary’’ is followed by ‘‘of application, the application shall be either capability. Energy’’. accepted or rejected. ‘‘(2) TIME FOR DETERMINATION.—The Sec- (E) Section 53732 (as amended by paragraph (B) NONTRADITIONAL APPLICATIONS.—In the retary of Defense shall determine whether a (8)) each place it appears, except where ‘‘Sec- comprehensive plan the Administrator will vessel satisfies paragraph (1)(B) not later retary’’ is followed by ‘‘of the Treasury’’, ‘‘of ensure that within the 180-day period fol- than 30 days after receipt of a request from State’’, or ‘‘of Defense’’. lowing receipt of all pertinent documenta- the Administrator for such a determina- (F) Section 53733 each place it appears. tion required for review of a nontraditional tion.’’. (10) The following provisions are amended loan application, the application shall be ei- (3) Section 53707 is amended— by inserting ‘‘or Administrator’’ after ‘‘Sec- ther accepted or rejected. (A) by inserting ‘‘or Administrator’’ in retary’’ each place it appears in headings and (c) SUBMISSION TO CONGRESS.—The Admin- subsections (a) and (d) after ‘‘Secretary’’ text, except where ‘‘Secretary’’ is followed istrator shall submit a copy of the com- each place it appears; by ‘‘of Transportation’’ or ‘‘of the Treasury’’: prehensive plan to the Committee on Com- (B) by striking ‘‘Secretary of Transpor- (A) The items relating to sections 53722 and merce, Science, and Transportation of the tation’’ in subsection (b) and inserting ‘‘Ad- 53723 in the chapter analysis for chapter 537. Senate and the Committee on Armed Serv- ministrator’’; (B) Sections 53701(1), (4), and (9) (as redesig- ices of the House of Representatives within (C) by striking ‘‘of Commerce’’ in sub- nated by paragraph (1)(A)), 53702(a), 53703, 180 days after the date of enactment of this section (c); and 53704, 53706(a)(3)(B)(iii), 53709(a)(1), (b)(1) and Act. (D) in subsection (d)(2), by— (2)(A), and (d), 53710(a) and (c), 53711, 53712 (d) DEFINITIONS.—In this section: (i) inserting ‘‘if the Secretary or Adminis- (except in the last sentence of subsection (b) (1) TRADITIONAL APPLICATION.—The term trator considers necessary,’’ before ‘‘the as amended by paragraph (6)), 53713 to 53716, ‘‘traditional application’’ means an applica- waiver’’; and 53721 to 53725, and 53734. tion for a loan, guarantee, or commitment to (ii) striking ‘‘the increased’’ and inserting (11) Sections 53715(d)(1), 53716(d)(3), 53721(c), guarantee submitted pursuant to chapter 537 ‘‘any significant increase in’’. 53722(a)(1) and (b)(1)(B), and 53724(b) are of title 46, United States Code, that involves (4) Section 53708 is amended— amended by inserting ‘‘or Administrator’s’’ a market, technology, and financial struc- (A) by striking ‘‘SECRETARY OF TRANSPOR- after ‘‘Secretary’s’’. ture of a type that has proven successful in TATION’’ in the heading of subsection (a) and (b) REPEAL OF SUPERSEDED AMENDMENTS.— previous applications and does not present inserting ‘‘ADMINISTRATOR’’; Section 3507 (except subsection (c)(4)) of the an unreasonable risk to the United States, as (B) by striking ‘‘Secretary’’ and ‘‘Sec- National Defense Authorization Act for Fis- determined by the Administrator of the Mar- retary of Transportation’’ each place they cal Year 2006 (Public Law 109–163) is repealed. itime Administration. appear in subsection (a) and inserting ‘‘Ad- SEC. 3523. ADDITIONAL AMENDMENTS BASED ON (2) NONTRADITIONAL APPLICATION.—The ministrator’’; PUBLIC LAW 109–163. (a) AMENDMENTS.—Title 46, United States term ‘‘nontraditional application’’ means an (C) by striking ‘‘OF COMMERCE’’ in the application for a loan, guarantee, or commit- heading of subsection (b); Code, is amended as follows: ment to guarantee submitted pursuant to (D) by striking ‘‘of Commerce’’ in sub- (1) Chapters 513 and 515 are amended by chapter 537 of title 46, United States Code, sections (b) and (c); striking ‘‘Naval Reserve’’ each place it ap- that is not a traditional application, as de- (E) in subsection (d), by— pears in analyses, headings, and text and in- termined by the Administrator of the Mari- (i) inserting ‘‘or Administrator’’ after serting ‘‘Navy Reserve’’. time Administration. ‘‘Secretary’’ the first place it appears; and (2) Section 51504(f) is amended to read as Subtitle C—Technical Corrections (ii) striking ‘‘financial structures, or other follows: ‘‘(f) FUEL COSTS.— SEC. 3521. PERSONAL INJURY TO OR DEATH OF risk factors identified by the Secretary. Any ‘‘(1) IN GENERAL.—Subject to the avail- SEAMEN. independent analysis conducted under this ability of appropriations, the Secretary shall (a) AMENDMENT.—Section 30104 of title 46, subsection shall be performed by a party pay to each State maritime academy the United States Code, is amended— chosen by the Secretary.’’ and inserting ‘‘or costs of fuel used by a vessel provided under (1) by striking ‘‘(a) CAUSE OF ACTION.—’’; financial structures. A third party inde- this section while used for training. and pendent analysis conducted under this sub- ‘‘(2) MAXIMUM AMOUNTS.—The amount of (2) by repealing subsection (b). section shall be performed by a private sec- the payment to a State maritime academy (b) EFFECTIVE DATE.—The amendment tor expert in assessing such risk factors who under paragraph (1) may not exceed— made by subsection (a) shall be effective as if is selected by the Secretary or Adminis- ‘‘(A) $100,000 for fiscal year 2006; included in the enactment of Public Law 109– trator.’’; and ‘‘(B) $200,000 for fiscal year 2007; and 304. (F) in subsection (e), by— ‘‘(C) $300,000 for fiscal year 2008 and each (i) inserting ‘‘or Administrator’’ after SEC. 3522. AMENDMENTS TO CHAPTER 537 BASED fiscal year thereafter.’’. ON PUBLIC LAW 109–163. ‘‘Secretary’’ the first place it appears; and (3) Section 51505(b)(2)(B) is amended by (a) AMENDMENTS.—Title 46, United States (ii) striking ‘‘financial structures, or other striking ‘‘$200,000’’ and inserting ‘‘$300,000 for Code, is amended as follows: risk factors identified by the Secretary’’ and fiscal year 2006, $400,000 for fiscal year 2007, (1) Section 53701 is amended by— inserting ‘‘or financial structures’’. and $500,000 for fiscal year 2008 and each fis- (A) redesignating paragraphs (2) through (5) Section 53710(b)(1) is amended by strik- cal year thereafter’’. (13) as paragraphs (3) through (14), respec- ing ‘‘Secretary’s’’ and inserting ‘‘Adminis- (4) Section 51701(a) is amended by striking tively; trator’s’’. ‘‘of the United States.’’ and inserting ‘‘of the (B) inserting after paragraph (1) the fol- (6) Section 53712(b) is amended by striking United States and to perform functions to lowing: the last sentence and inserting ‘‘If the Sec- assist the United States merchant marine, as ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- retary or Administrator has waived a re- determined necessary by the Secretary.’’. trator’ means the Administrator of the Mari- quirement under section 53707(d) of this title, (5)(A) Section 51907 is amended to read as time Administration.’’; and the loan agreement shall include require- follows: (C) striking paragraph (13) (as redesig- ments for additional payments, collateral, or nated) and inserting the following: equity contributions to meet the waived re- ‘‘§ 51907. Provision of decorations, medals, ‘‘(13) SECRETARY.—The term ‘Secretary’ quirement upon the occurrence of verifiable and replacements means the Secretary of Commerce with re- conditions indicating that the obligor’s fi- ‘‘The Secretary of Transportation may spect to fishing vessels and fishery facili- nancial condition enables the obligor to provide— ties.’’. meet the waived requirement.’’. ‘‘(1) the decorations and medals authorized (2) Section 53706(c) is amended to read as (7) Subsections (c) and (d) of section 53717 by this chapter and replacements for those follows: are each amended— decorations and medals; and ‘‘(c) PRIORITIES FOR CERTAIN VESSELS.— (A) by striking ‘‘OF COMMERCE’’ in the sub- ‘‘(2) replacements for decorations and med- ‘‘(1) VESSELS.—In guaranteeing or making section heading; and als issued under a prior law.’’. a commitment to guarantee an obligation (B) by striking ‘‘of Commerce’’ each place (B) The item relating to section 51907 in under this chapter, the Administrator shall it appears. the chapter analysis for chapter 519 is give priority to— (8) Section 53732(e)(2) is amended by insert- amended to read as follows: ‘‘(A) a vessel that is otherwise eligible for ing ‘‘of Defense’’ after ‘‘Secretary’’ the sec- ‘‘51907. Provision of decorations, medals, and a guarantee and is constructed with assist- ond place it appears. replacements’’.

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00229 Fmt 4636 Sfmt 0655 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H256 CONGRESSIONAL RECORD — HOUSE January 16, 2008 (6)(A) The following new chapter is in- (A) by striking ‘‘and’’ at the end of para- ‘‘(B) may, in their discretion, notify the serted after chapter 539: graph (2); Secretary of any failure of the graduate to ‘‘CHAPTER 541—MISCELLANEOUS (B) by striking ‘‘organizations.’’ in para- perform the graduate’s duties, either on ac- graph (3) and inserting ‘‘organizations; and’’; tive duty or in the Ready Reserve component ‘‘Sec and ‘‘54101. Assistance for small shipyards and of their respective service, or as a commis- (C) by adding at the end the following: maritime communities’’. sioned officer of the National Oceanic and ‘‘(4) on any other vessel considered by the (B) Section 3506 of the National Defense Atmospheric Administration or the Public Secretary to be necessary or appropriate or Authorization Act for Fiscal Year 2006 (46 Health Service, respectively. in the national interest.’’. U.S.C. 53101 note) is transferred to and redes- ‘‘(2) INFORMATION TO BE PROVIDED.—A re- (4) Section 55105(b)(3) is amended by strik- ignated as section 54101 of title 46, United port or notice under paragraph (1) shall iden- ing ‘‘Secretary of the department in which States Code, to appear at the end of chapter tify any graduate determined to have failed the Coast Guard is operating’’ and inserting 541 of title 46, as inserted by subparagraph to comply with service obligation require- ‘‘Secretary of Homeland Security’’. ments and provide all required information (A). (5) Section 70306(a) is amended by striking (C) The heading of such section, as trans- as to why such graduate failed to comply. ‘‘Not later than February 28 of each year, the ‘‘(3) CONSIDERED AS IN DEFAULT.—Upon re- ferred by subparagraph (B), is amended to Secretary shall submit a report’’ and insert- read as follows: ceipt of such a report or notice, such grad- ing ‘‘The Secretary shall submit an annual uate may be considered to be in default of ‘‘§ 54101. Assistance for small shipyards and report’’. the graduate’s service obligations by the maritime communities’’. (6) Section 70502(d)(2) is amended to read as Secretary, and subject to all remedies the (D) Paragraph (1) of subsection (h) of such follows: Secretary may have with respect to such a section, as transferred by subparagraph (B), ‘‘(2) RESPONSE TO CLAIM OF REGISTRY.—The default.’’. is amended by striking ‘‘(15 U.S.C. 632);’’ and response of a foreign nation to a claim of (2) APPLICATION.—Section 51306(f) of title inserting ‘‘(15 U.S.C. 632));’’. registry under paragraph (1)(A) or (C) may be 46, United States Code, as added by para- (E) The table of chapters at the beginning made by radio, telephone, or similar oral or graph (1), does not apply with respect to an of subtitle V is amended by inserting after electronic means, and is proved conclusively agreement entered into under section the item relating to chapter 539 the fol- by certification of the Secretary of State or 51306(a) of title 46, United States Code, before lowing new item: the Secretary’s designee.’’. October 17, 2006. (b) REPEAL OF SUPERSEDED AMENDMENTS.— ‘‘541. Miscellaneous ...... 54101’’. (d) SECTION 51509(c).—Section 51509(c) of Sections 303, 307, 308, 310, 901(q), and 902(o) of title 46, United States Code, is amended— (b) REPEAL OF SUPERSEDED AMENDMENTS.— the Coast Guard and Maritime Transpor- (1) by striking ‘‘MIDSHIPMAN AND’’ in the Sections 515(g)(2), 3502, 3509, and 3510 of the tation Act of 2006 (Public Law 109–241) are re- subsection heading and ‘‘midshipman and’’ National Defense Authorization Act for Fis- pealed. cal Year 2006 (Public Law 109–163) are re- in the text; and SEC. 3526. AMENDMENTS BASED ON PUBLIC LAW (2) inserting ‘‘or the Coast Guard Reserve’’ pealed. 109–364. after ‘‘Reserve)’’. SEC. 3524. AMENDMENTS BASED ON PUBLIC LAW (a) UPDATING OF CROSS REFERENCES.—Sec- 109–171. tion 1017(b)(2) of the John Warner National (e) SECTION 51908(a).—Section 51908(a) of (a) AMENDMENTS.—Section 60301 of title 46, Defense Authorization Act for Fiscal Year title 46, United States Code, is amended by United States Code, is amended— 2007 (Public Law 109–364, 10 U.S.C. 2631 note) striking ‘‘under this chapter’’ and inserting (1) by striking ‘‘2 cents per ton (but not is amended by striking ‘‘section 27 of the ‘‘by this chapter or the Secretary of Trans- more than a total of 10 cents per ton per Merchant Marine Act, 1920 (46 U.S.C. 883), portation’’. year)’’ in subsection (a) and inserting ‘‘4.5 section 12106 of title 46, United States Code, (f) SECTION 53105(e)(2).—Section 53105(e)(2) cents per ton, not to exceed a total of 22.5 and section 2 of the Shipping Act, 1916 (46 of title 46, United States Code, is amended by cents per ton per year, for fiscal years 2006 U.S.C. App. 802)’’ and inserting ‘‘sections striking ‘‘section 2 of the Shipping Act, 1916 through 2010, and 2 cents per ton, not to ex- 12112, 50501, and 55102 of title 46, United (46 U.S.C. App. 802),’’ and inserting ‘‘section ceed a total of 10 cents per ton per year, for States Code’’. 50501 of this title’’. each fiscal year thereafter,’’; and (b) SECTION 51306(e).— (g) REPEAL OF SUPERSEDED AMENDMENTS.— (2) by striking ‘‘6 cents per ton (but not (1) IN GENERAL.—Section 51306 of title 46, Sections 3505, 3506, 3508, and 3510(a) and (b) of more than a total of 30 cents per ton per United States Code, is amended by adding at the John Warner National Defense Author- year)’’ in subsection (b) and inserting ‘‘13.5 the end the following: ization Act for Fiscal Year 2007 (Public Law cents per ton, not to exceed a total of 67.5 ‘‘(e) ALTERNATIVE SERVICE.— 109–364) are repealed. cents per ton per year, for fiscal years 2006 ‘‘(1) SERVICE AS COMMISSIONED OFFICER.—An SEC. 3527. MISCELLANEOUS AMENDMENTS. through 2010, and 6 cents per ton, not to ex- individual who, for the 5-year period fol- (a) DELETION OF OBSOLETE REFERENCE TO ceed a total of 30 cents per ton per year, for lowing graduation from the Academy, serves CANTON ISLAND.—Section 55101(b) of title 46, each fiscal year thereafter,’’. as a commissioned officer on active duty in United States Code, is amended— (b) REPEAL OF SUPERSEDED AMENDMENTS.— an armed force of the United States or as a (1) by inserting ‘‘or’’ after the semicolon at Section 4001 of the Deficit Reduction Act of commissioned officer of the National Oce- the end of paragraph (2); 2005 (Public Law 109–171) is repealed. anic and Atmospheric Administration or the (2) by striking paragraph (3); and Public Health Service shall be excused from (3) by redesignating paragraph (4) as para- SEC. 3525. AMENDMENTS BASED ON PUBLIC LAW the requirements of paragraphs (3) through 109–241. graph (3). (5) of subsection (a). (a) AMENDMENTS.—Title 46, United States (b) IMPROVEMENT OF HEADING.—Title 46, ‘‘(2) MODIFICATION OR WAIVER.—The Sec- Code, is amended as follows: United States Code, is amended as follows: retary may modify or waive any of the terms (1) Section 12111 is amended by adding at (1) The heading of section 55110 is amended and conditions set forth in subsection (a) the end the following: by inserting ‘‘valueless material or’’ before through the imposition of alternative service ‘‘(d) ACTIVITIES INVOLVING MOBILE OFF- ‘‘dredged material’’. requirements.’’. SHORE DRILLING UNITS.— (2) The item for section 55110 in the anal- (2) APPLICATION.—Section 51306(e) of title ‘‘(1) IN GENERAL.—Only a vessel for which a ysis for chapter 551 is amended by inserting 46, United States Code, as added by para- certificate of documentation with a registry ‘‘valueless material or’’ before ‘‘dredged ma- graph (1), applies only to an individual who terial’’. endorsement is issued may engage in— enrolls as a cadet at the United States Mer- ‘‘(A) the setting, relocation, or recovery of chant Marine Academy, and signs an agree- SEC. 3528. APPLICATION OF SUNSET PROVISION TO CODIFIED PROVISION. the anchors or other mooring equipment of a ment under section 51306(a) of title 46, after For purposes of section 303 of the Jobs and mobile offshore drilling unit that is located October 17, 2006. over the outer Continental Shelf (as defined (c) SECTION 51306(f).— Growth Tax Relief Reconciliation Act of 2003 in section 2(a) of the Outer Continental Shelf (1) IN GENERAL.—Section 51306 of title 46, (Public Law 108–27, 26 U.S.C. 1 note), the Lands Act (43 U.S.C. 1331(a))); or United States Code, is further amended by amendment made by section 301(a)(2)(E) of ‘‘(B) the transportation of merchandise or adding at the end the following: that Act shall be deemed to have been made personnel to or from a point in the United ‘‘(f) SERVICE OBLIGATION PERFORMANCE RE- to section 53511(f)(2) of title 46, United States States from or to a mobile offshore drilling PORTING REQUIREMENT.— Code. unit located over the outer Continental Shelf ‘‘(1) IN GENERAL.—Subject to any otherwise SEC. 3529. ADDITIONAL TECHNICAL CORREC- that is not attached to the seabed. applicable restrictions on disclosure in sec- TIONS. ‘‘(2) COASTWISE TRADE NOT AUTHORIZED.— tion 552a of title 5, the Secretary of Defense, (a) AMENDMENTS TO TITLE 46.—Title 46, Nothing in paragraph (1) authorizes the em- the Secretary of the department in which United States Code, is amended as follows: ployment in the coastwise trade of a vessel the Coast Guard is operating, the Adminis- (1) The analysis for chapter 21 is amended that does not meet the requirements of sec- trator of the National Oceanic and Atmos- by striking the item relating to section 2108. tion 12112 of this title.’’. pheric Administration, and the Surgeon Gen- (2) Section 12113(g) is amended by inserting (2) Section 12139(a) is amended by striking eral of the Public Health Service— ‘‘and’’ after ‘‘Conservation’’. ‘‘and charterers’’ and inserting ‘‘charterers, ‘‘(A) shall report the status of obligated (3) Section 12131 is amended by striking and mortgagees’’. service of an individual graduate of the ‘‘commmand’’ and inserting ‘‘command’’. (3) Section 51307 is amended— Academy upon request of the Secretary; and (b) AMENDMENTS TO PUBLIC LAW 109–304.—

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00230 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H257 (1) AMENDMENTS.—Public Law 109–304 is those young men and young women in This provision was the crux of the issue amended as follows: uniform. that brought this bill back to the (A) Section 15(10) is amended by striking Last night, we disposed of the Presi- House after we sent it to the President, ‘‘46 App. U.S.C.’’ and inserting ‘‘46 U.S.C. dent’s veto of an earlier version of this and it’s something that is near and App.’’. (B) Section 15(30) is amended by striking bill. That veto was a surprise, frankly, dear to many of our hearts, and some ‘‘Shipping Act, 1936’’ and inserting ‘‘Shipping to all of us. Today, we move on. We of us worked very closely with Mem- Act, 1916’’. send a final version to the President bers of the other body, in particular (C) The schedule of Statutes at Large re- that his aides have indicated he will Senator LAUTENBERG, over several pealed in section 19, as it relates to the Act sign. The changes to the conference re- years to bring the language that we of June 29, 1936, is amended by— port, which we passed in the House by had in the original bill to the attention (i) striking the second section ‘‘1111’’ (re- a vote of 370–49, and passed the Senate of the House and inclusion in the lating to 46 U.S.C. App. 1279f) and inserting by 90–3, are minimal. Only one section, NDAA bill. section ‘‘1113’’; and (ii) striking the second section ‘‘1112’’ (re- section 1083, dealing with claims The new version simply gives the lating to 46 U.S.C. App. 1279g) and inserting against countries that are or have been President the ability to waive the to- section ‘‘1114’’. state sponsors of terrorism, caused a tality of this pertinent section as to (2) EFFECTIVE DATE.—The amendments problem for the administration that claims against Iraq for terrorism acts made by paragraph (1) shall be effective as if led to this veto. that occurred before or on the date of included in the enactment of Public Law 109– This bill before us includes a com- enactment of the fiscal year 2008 NDAA 304. promise on that provision we worked bill. As my good friend, Mr. SKELTON, (c) REPEAL OF DUPLICATIVE OR out on a bipartisan basis with the body just pointed out, this is perhaps a bet- UNEXECUTABLE AMENDMENTS.— on the other side of the Capitol, as well (1) REPEAL.—Sections 9(a), 15(21) and ter way to write this because certainly (33)(A) through (D)(i), and 16(c)(2) of Public as with the White House, and it allows we can’t or shouldn’t hold the current Law 109–304 are repealed. the President to waive the application government of Iraq responsible for (2) INTENDED EFFECT.—The provisions re- of the section under consideration to things done by its predecessor, Saddam pealed by paragraph (1) shall be treated as if the government of Iraq, while also ex- Hussein. And so this is a good com- never enacted. pressing the sense of the Congress that promise and a good effort. We also (d) LARGE PASSENGER VESSEL CREW RE- the President should negotiate with make some other provisions. We make QUIREMENTS.—Section 8103(k)(3)(C)(iv) of the government of Iraq to satisfy the title 46, United States Code, is amended by the 3.5 percent across-the-board pay inserting ‘‘and section 252 of the Immigra- legitimate claims that American citi- raise and targeted pay raises retro- tion and Nationality Act (8 U.S.C. 1282)’’ zens have against that country and its active to ensure American after ‘‘of such section’’. former leader, Saddam Hussein. servicemembers are not penalized due The SPEAKER pro tempore. Pursu- The only other changes made to the to this delay. ant to the rule, the gentleman from bill were those required to make retro- Overall, the defense bill takes care of Missouri (Mr. SKELTON) and the gen- active the pay increases and many ben- the brave men and women serving our tleman from New Jersey (Mr. SAXTON) efit improvements provided for the country at home and abroad. It author- each will control 20 minutes. military servicemembers as well as izes $506.9 billion in budget authority The Chair recognizes the gentleman their families. Those provisions will be for the Department of Defense and the from Missouri. made effective under this bill as of national security programs of the De- GENERAL LEAVE January 1 of this year, as would have partment of Energy. Additionally, it Mr. SKELTON. Madam Speaker, I been the case had the President signed supports current operations in Iraq, Af- ask unanimous consent that all Mem- the original bill that was before you. ghanistan, and elsewhere in the global bers have 5 legislative days in which to This is a good bill. I think it’s the war on terrorism by authorizing $189.4 revise and extend their remarks on the best defense bill in decades that this billion in supplemental funding for bill that is now under consideration. Congress has put forward. It’s good for operational costs, personnel expenses, The SPEAKER pro tempore. Is there our troops, good for their families, it and procurement of new equipment for objection to the request of the gen- will help improve the readiness of our fiscal year 2008. tleman from Missouri? Armed Forces, and it will bring signifi- Once again, I want to acknowledge There was no objection. cant oversight to the Department of the leadership of Chairman IKE SKEL- Mr. SKELTON. Madam Speaker, I Defense in much needed areas where TON and Ranking Member DUNCAN yield myself such time as I may con- oversight was so needed in the past. HUNTER for their hard work in shep- sume. Madam Speaker, I reserve the bal- herding this vital legislation expedi- I rise today in strong support of the ance of my time. tiously through their chamber. National Defense Authorization Act for Mr. SAXTON. Madam Speaker, I Through their work, this bill guaran- the Fiscal Year 2008, a bill which we yield myself such time as I may con- tees that our service men and women will today consider for the third time sume. will get what they need, and when they on the House floor and which has been Madam Speaker, I rise today to very need it. revised to address the objections ex- sincerely thank my good friend from Madam Speaker, I reserve the bal- pressed by the President. I strongly be- Missouri for his leadership in bringing ance of my time. lieve, Madam Speaker, that this bill is this revised edition of the National De- Mr. SKELTON. Madam Speaker, I one of the most important pieces of fense Authorization Act to the floor in yield 2 minutes to a longstanding and legislation passed by this Congress and an expedited manner. It’s unfortunate hardworking member of our Armed I must say one of the very best, if not that we find ourselves in this position, Services Committee, the gentleman the best, defense authorization bills but through Mr. SKELTON and Mr. from New Jersey (Mr. ANDREWS). that I can recall during my time in HUNTER’s leadership, we were able to (Mr. ANDREWS asked and was given Congress. And I am so extremely find a mutually agreeable compromise permission to revise and extend his re- proud, Madam Speaker, of all the mem- in an expeditious manner. marks.) bers of the Armed Services Committee On December 12, the House passed Mr. ANDREWS. Thank you, Mr. as well as all those who have worked the National Defense Authorization Chairman, for yielding time. hard in and out of our committee to Act, as my good friend just pointed I rise in strong support of this legis- make it happen. out, by a vote of 370–49. This amended lation. The slogan that we should sup- version is a good bipartisan bill, with port our troops is given life and reality b 1600 very few changes from the original leg- by this bill, by paying them well, by A special thanks to our wonderful islation. In section 1083, we ensure ter- equipping them well, and by supporting staff, our crack staff, for the hard work rorism victims have the legal redress them in every respect. This bill de- that they have done to get us where we against state sponsors of terrorism, serves the support of each and every are today, with a bill that will be while granting the President the waiv- Member of this body. signed by the President, and the recipi- er authority to protect our relation- I also echo the remarks of my friend ents of the benefits of this bill will be ship with the new government of Iraq. from New Jersey with respect to the

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00231 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.078 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H258 CONGRESSIONAL RECORD — HOUSE January 16, 2008 hard work that has been done to be rorism, including the previous Iraqi made information available to this sure that Americans who have been Government, deserve every possible Congress, would assert otherwise. I victimized by the state-sponsored ter- means of redress available to them. think that we have to be very cautious rorism have adequate means of redress We believe that in the context of the about building out an entire part of our in our courts. This is the issue that challenge before us, this bill continues defense, planning for an attack from gave rise to the Presidential veto. I and preserves that right, and does it in Iran, when we haven’t even made an ef- happen to agree that the compromise a way that, most importantly, under- fort to break down the walls that have in front of us makes imminent sense. stands that the primary objective of been built up over 29 years and use di- The general rule in American law is this bill is bringing to those brave men plomacy. Yet, we are actually defining that when you sue someone, you don’t and women in uniform who are serving and making a connection between a nu- have the right to freeze their assets or so ably across this planet, particularly clear capability that Iran clearly go after their assets unless you win a in theaters of conflict like Iraq and Af- doesn’t have at this moment and bal- judgment. We make an exception to ghanistan, the immediate added bene- listic missiles. And by creating that that general rule in the case of assets fits that are derived from this piece of linkage, we are actually creating an ar- owned by states which are involved in legislation. chitecture of fear. I don’t think that is state-sponsored terrorism. It is the The distinguished chairman could a sensible way for the greatest Nation wisdom of the compromise here that not be more correct in his observation of the world to be pursuing its policy. that provision remains in effect for all that this is not just a good bill, it is In connection with that, it creates in- of the other states that are involved in bordering on a great bill. The pay in- creased tensions for Europe. state-sponsored terrorism, with the ex- creases, the increases in various bene- I am concerned that we keep building ception of Iraq, which was under the fits are something that we cannot put these missile interceptors in Alaska regime of Saddam Hussein. It leaves to in jeopardy by choosing another course that in a sense helps to frame an inter- the discretion of the President a waiver other than by voting for and feeling ceptor system that has not even been to determine whether claims against very positive about this piece of legis- proved to be technologically feasible; that regime under Saddam Hussein lation. that we are getting into nanotechnol- should go forward, and how they should Like all the speakers before, I join ogy without any serious discussion of go forward. with them in hoping that each and what it means when you start using This is an issue that I think the Con- every Member of this House will take nanotechnology and marry it to weap- gress ought to reconsider and revisit in advantage of this opportunity, rise to ons production. 2008 and beyond. I, frankly, believe the challenge that has been presented b 1615 that an American who has been the to us, and vote ‘‘aye,’’ in the affirma- The discussion in this bill about a victim of improper or illegal conduct tive, for this legislation, and preserve Space Posture Review speaks of the under the old regime should not go the rights and lead a path toward jus- United States policies in space as space without legal redress. That is a lin- tice that those aggrieved people of control, space superiority, targeting gering question that is as a result of state sponsors of terrorism so richly objects on Earth from outer space. this compromise, but it’s a wise and deserve, and at the same time provide Now, that doesn’t sound like the Amer- necessary compromise that would per- the wealth of benefits that are em- ica that many of us would want to par- mit us to do what we should have done bodied in this great piece of legisla- ticipate in when we think that we are a long time ago for the men and women tion. going into kind of a Buck Rogers sce- who serve this country so well. Mr. SKELTON. Madam Speaker, I nario here. So I congratulate the chairman and yield 4 minutes to my friend, the gen- Another section deals with con- Ranking Member HUNTER as authors of tleman from Ohio (Mr. KUCINICH). tinuing and encouraging the School of the compromise. I appreciate their Mr. KUCINICH. I thank the gen- the Americas, something a number of hard work in bringing this bill back to tleman. Members have opposed. life. Happily, I will support it, and look This is a 1,513-page document which Mr. Chairman, I have gone over a forward to doing even greater things in was completed today at 11:12 a.m., and good part of this bill, as much as I 2008. delivered most recently to the Clerk’s could with this short a period of time, Mr. SAXTON. Madam Speaker, I desk. I am sure many Members are fa- and I think when we, on the one hand, yield such time as he may consume to miliar with some of the aspects of it, accept the judgment of Members of the gentleman from New York (Mr. but perhaps not all. Congress that we don’t want a perma- MCHUGH). My good friend, Mr. SKELTON, whose nent presence in Iraq, and on the other Mr. MCHUGH. I thank the gentleman work I am always grateful for, your hand give $80 million for one base, $86 for yielding. commitment to this country is very million for another, $88 million for a Madam Speaker, let me begin by ad- admirable. It takes a lot of work to do third, and $103 million for a fourth, mitting right up front, this is not a what you do, and I stand here today to that sounds like a permanent presence perfect approach, but it is by far the express reservations to, and opposition to me. Either that or it is the most ex- best approach that we have available to, this bill; and the reservations I pensive trailers in the history of hu- to us. I want to echo the words of my have are of course that this bill will manity. friend who just spoke, the gentleman continue to fund the war in Iraq. So there are so many factors in here from New Jersey, and add my words of I have offered Congress an alter- that really I think need to cause us to appreciation and deep compliments to native, which is that we can end the be cautious. Also the one about Paki- the distinguished chairman of the full occupation, close the bases, bring the stan, because I think we are setting the committee, Chairman SKELTON, the troops home, set in motion a parallel stage for sending U.S. troops to Paki- distinguished ranking member, Chair- process of an international security stan, something the American people man HUNTER, the great staff on both and peacekeeping force that would do not want to do. sides, and all the members who have move in as our troops leave. We all I want to thank my friend, neverthe- worked so very hard to bring this mo- want to protect our troops. I think the less, for his commitment to our troops. ment to reality. best way to defend and protect them is We agree that we should protect our Frankly, we are dealing with an issue to bring them home. So that is one of troops. that is a product of the challenge that the first concerns I have. Mr. SAXTON. Madam Speaker, I did not begin in this House. It came The second concern I have is section yield myself such time as I may con- through the general authorization 229 of the bill relates to protection of sume. process, a provision that started in the U.S. and allies from the Iranian bal- I would just like to say to my friend Senate, that, as we have heard here listic missile. One of the things in the from Cleveland, who speaks very today, and I certainly endorse, we in bill that I am very concerned about, articulately on this bill, as I am sure concept all agree with. All of us believe Mr. Chairman, is that it says that Iran he did on the original bill, the gen- that American citizens who have been maintains a nuclear program. Now the tleman made some points that he be- aggrieved by any state sponsor of ter- National Intelligence Agency, which lieves I am sure very much that there

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00232 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.094 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H259 are some things in the bill that he dis- There are a lot of good things in this for taking care of the problems that agrees with, and the gentleman and 48 bill that need to pass, the pay raise to were raised in the Walter Reed situa- other people voted against the original the readiness. But I honestly believe tion a good number of months ago bill, and I am sure for many of the the President has not taken care of where our injured and wounded soldiers same reasons. those who sacrificed the most for this were not receiving the best care. We In fact, it would be surprising if they Nation, and I would like us to look knew that and discussed it. As a mat- weren’t the same reasons, because the upon ourselves as to what we are doing ter of fact, on this floor, in the Wound- 1,513 pages that the gentleman has here today. ed Warriors Act, we included that in under his arm that he referred to are Mr. SKELTON. Madam Speaker, I toto in this legislation; also, out- almost identical to the original bill yield myself such time as I may con- standing sections on contract reform which is here, which has been available sume. regarding the possibility of fraud, the since December 6 of last year. And the Madam Speaker, if I may, let me add reform of acquisition, we touched on 1,513 pages that my friend referred to to the comments today the importance many areas such as that. had one single change from the copy of this legislation. Under our Constitu- I was so pleased with the outcome of that I have in my hand that has been tion, it is up to the Congress of the this, including, of course, most impor- available since December 6. And that United States to raise and maintain tantly readiness, which we need to change, both the ranking member and I the military and provide the rules and keep up, allowing additional troops for took care to explain, I think we ex- regulations therefore. We do that by the Army and the Marine Corps. plained it well, had to do with ter- means of a defense authorization bill I have been on the Armed Services rorism, had to do with Iraq, had to do that comes from the Armed Services Committee most of my career in Con- with not holding the current govern- Committee. gress, and I just can’t think of any ment in Iraq responsible for acts com- We worked long and hard, and we more comprehensive and far-reaching mitted by the previous regime. And we were able to pass such a bill from our authorization bill that we have ever also of course added the second provi- committee back in May and the Senate had. I have to really give credit to our sion that had to do with back pay. passed one back in September. And we, committee for the hard work they did. So, this is a good bill that passed by of course, had conference with the Sen- I just can’t say enough about our crack 370–49 previously. ate, and we were finally able to reach staff on the committee. They are just Mr. KUCINICH. Madam Speaker, will an agreement on a conference report first rate, and we appreciate them, rely my friend yield? that is a piece of legislation that em- on their hard work so very, very much, Mr. SAXTON. I yield to the gen- bodies both the House and the Senate and I want to again pay tribute to tleman from Ohio. provisions. them. Mr. KUCINICH. Madam Speaker, one The people at the White House had With that, Madam Speaker, I will re- of the things that I just want to call to the opportunity to look at it and give serve the balance of my time. If my your attention, to my friend, I am con- comments on various sections of the friend has some further comments to cerned about that section 229 about proposed legislation, which they did. make, we would appreciate them. Iran, especially in light of the new de- We looked at them and worked with Mr. HALL of New York. Madam Speaker, re- velopment that may have happened them and passed a good piece of legis- garding H.R. 4986, the National Defense Au- since this was drafted and the draft lation. Like I said before, 370 Members thorization Act of 2008, I am disappointed that that you cite about the National Intel- of this House and 90 Members of the changes have been made from the bill passed ligence Estimate. I am not sure that other body voted for it. However, the in December which will weaken the ability of that discussion about the National In- President chose to veto over this provi- Americans tortured by Saddam Hussein to col- telligence Estimate has really been sion—that to me was a surprise—that lect an award determined in federal court for given weight with respect to the lan- it rose to the level of a veto. Neverthe- the abuses of his regime. I am hopeful that guage in section 229 which essentially less, it is what happened, and that is this unfortunate circumstance will be remedied says that Iran maintains a nuclear pro- why we are here. and that Congress and the President will find gram. When you say that Iran main- There seems to be a rather inter- a way to ensure that these brave troops are tains a nuclear program and it is in esting intellectual discussion as to the able to pursue justice. that legislation, I think we set the type of veto. If I remember correctly, Mr. SAXTON. Madam Speaker, we stage for some problems. the veto message that was read to us have no further speakers on our side, I want to thank the gentleman for yesterday here in this Chamber, the and I yield back the balance of my being so kind to yield to me. President’s remarks made reference to time. Mr. SAXTON. Madam Speaker, I re- the fact that it was a pocket veto for Mr. SKELTON. If the gentleman serve the balance of my time. the reason that we were not in session from New Jersey yields back, I yield Mr. SKELTON. Madam Speaker, I and also that it was a regular veto. To back. yield 2 minutes to my colleague from me it sounded as if there were two ve- The SPEAKER pro tempore. The the Armed Services Committee, the toes wrapped up in one message. question is on the motion offered by gentleman from Pennsylvania (Mr. Nevertheless, regarding the issue as the gentleman from Missouri (Mr. to whether it was a pocket veto or not, SESTAK). SKELTON) that the House suspend the Mr. SESTAK. Madam Speaker, I rise the 1974 case Kennedy v. Sampson, rules and pass the bill, H.R. 4986. with great respect for Mr. SKELTON, but which was a D.C. Circuit Court case, The question was taken; and the I did want to express my real hesi- said that the ability to receive a veto Speaker pro tempore announced that tation and my real concern over what message, which we had, under our ad- the ayes appeared to have it. is occurring. journment resolution, Madam Speaker, Mr. KUCINICH. Madam Speaker, on When I have gone and sat through we had language that allowed the Clerk that I demand the yeas and nays. this with lawyers, a lien is not a hold, of the House to receive any messages The yeas and nays were ordered. and we are actually not freezing these which, of course, on December 28 was The vote was taken by electronic de- assets. My concern is this, that here the veto message from the President. vice, and there were—yeas 369, nays 46, men and women who have worn the The Speaker designated the Clerk to not voting 15, as follows: cloth of this Nation and have actually receive it. As we saw, it was a regular [Roll No. 11] been tortured, successfully won a judg- veto as opposed to a pocket veto. I ment, are now precluded by a President hope that puts that issue to rest for the YEAS—369 because the Iraqi Government, to days ahead. Abercrombie Bachmann Becerra Ackerman Bachus Berman whom we are providing $12 billion a Let me briefly also mention, Madam Aderholt Baird Berry month in terms of our natural re- Speaker, that besides the pay raise and Akin Baker Biggert sources, has threatened to pull out of the family benefits and the fact that Alexander Barrett (SC) Bilbray the United States’ trillion dollars of we prevent the increase in fees for Allen Barrow Bilirakis Altmire Bartlett (MD) Bishop (GA) markets $25 billion. I don’t think this pharmaceuticals and TRICARE for the Andrews Barton (TX) Bishop (NY) is right. troops and their families, we provide Arcuri Bean Bishop (UT)

VerDate Aug 31 2005 04:05 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00233 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.096 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H260 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Blackburn Gilchrest McIntyre Smith (NJ) Thompson (MS) Wasserman ‘‘Yea’’—H.R. 4986—The National Defense Blumenauer Gillibrand McKeon Smith (TX) Thornberry Schultz Authorization Act (Rep. SKELTON—Armed Blunt Gingrey McMorris Smith (WA) Tiahrt Watt Boehner Gohmert Rodgers Snyder Tiberi Waxman Services). Bonner Gonzalez McNerney Solis Tsongas Weiner ‘‘Yea’’—H.R. 2768—S–Miner Act (Rep. Bono Mack Goodlatte McNulty Souder Turner Weldon (FL) GEORGE MILLER—Education and Labor) (Sub- Boozman Gordon Meek (FL) Space Weller Udall (CO) ject to a Rule). Boren Granger Meeks (NY) Spratt Udall (NM) Westmoreland Stearns Wexler Boswell Graves Melancon Upton f Stupak Whitfield (KY) Boucher Green, Al Mica Van Hollen Boustany Green, Gene Michaud Sullivan Wilson (NM) PROVIDING FOR AN Visclosky Boyd (FL) Gutierrez Miller (FL) Sutton Wilson (OH) Walberg ADJOURNMENT OF THE HOUSE Boyda (KS) Hall (NY) Miller (MI) Tancredo Wilson (SC) Walden (OR) Brady (PA) Hall (TX) Miller (NC) Tauscher Wittman (VA) Mr. SKELTON. Madam Speaker, I Walsh (NY) Brady (TX) Hare Mitchell Taylor Wolf send to the desk a privileged concur- Braley (IA) Harman Mollohan Terry Walz (MN) Young (AK) Thompson (CA) Wamp Young (FL) rent resolution and ask for its imme- Broun (GA) Hastings (FL) Moore (KS) diate consideration. Brown (SC) Hastings (WA) Moran (KS) NAYS—46 Brown, Corrine Hayes Moran (VA) The Clerk read the concurrent reso- Brown-Waite, Heller Murphy (CT) Baldwin Holt Schakowsky lution, as follows: Ginny Hensarling Murphy, Patrick Capuano Jackson (IL) Sensenbrenner ON ES Buchanan Herger Murphy, Tim Clarke Kucinich Serrano H. C . R . 279 Burgess Herseth Sandlin Murtha Clay Lee Stark Resolved by the House of Representatives (the Burton (IN) Higgins Musgrave Conyers Lewis (GA) Tierney Senate concurring), Butterfield Hill Myrick Davis (IL) Markey Towns That when the House adjourns on the legis- DeFazio McDermott Buyer Hinchey Nadler Vela´ zquez lative day of Wednesday, January 23, 2008, on Calvert Hinojosa Napolitano Delahunt McGovern Waters Doggett Miller, George a motion offered pursuant to this concurrent Camp (MI) Hirono Neal (MA) Watson Duncan Moore (WI) resolution by its Majority Leader or his des- Campbell (CA) Hobson Neugebauer Welch (VT) Ellison Oberstar ignee, it stand adjourned until 2 p.m. on Cannon Hodes Nunes Woolsey Fattah Olver Cantor Hoekstra Obey Wu Monday, January 28, 2008, or until the time Capito Holden Ortiz Filner Pallone of any reassembly pursuant to section 2 of Frank (MA) Pastor Wynn Capps Hooley Pascrell Yarmuth this concurrent resolution, whichever occurs Cardoza Hoyer Pearce Goode Payne Grijalva Petri first; and that when the House adjourns on Carnahan Hulshof Pence the legislative day of Tuesday, January 29, Carney Inglis (SC) Perlmutter NOT VOTING—15 2008, on a motion offered pursuant to this Carter Inslee Peterson (MN) Castle Israel Peterson (PA) Baca Hunter Miller, Gary concurrent resolution by its Majority Leader Castor Issa Pickering Berkley Jackson-Lee Paul or his designee, it stand adjourned until 2 Culberson (TX) Chabot Johnson (GA) Pitts Shimkus p.m. on Wednesday, February 6, 2008, or until Forbes Jefferson Chandler Johnson (IL) Platts Tanner the time of any reassembly pursuant to sec- Fossella Kingston Cleaver Johnson, E. B. Poe Honda Lantos tion 2 of this concurrent resolution, which- Clyburn Johnson, Sam Pomeroy ever occurs first. Coble Jones (NC) Porter b 1651 SEC. 2. The Speaker or her designee, after Cohen Jones (OH) Price (GA) consultation with the Minority Leader, shall Cole (OK) Jordan Price (NC) Ms. VELA´ ZQUEZ, Messrs. GEORGE Conaway Kagen Pryce (OH) MILLER of California, SERRANO, notify the Members of the House to reassem- ble at such place and time as she may des- Cooper Kanjorski Putnam HOLT, OLVER, Ms. WOOLSEY and Ms. Costa Kaptur Radanovich ignate if, in her opinion, the public interest Costello Keller Rahall WATSON changed their vote from shall warrant it. Courtney Kennedy Ramstad ‘‘yea’’ to ‘‘nay.’’ The concurrent resolution was agreed Cramer Kildee Rangel Messrs. CANTOR, NEUGEBAUER to. Crenshaw Kilpatrick Regula and WALBERG changed their vote Crowley Kind Rehberg A motion to reconsider was laid on from ‘‘nay’’ to ‘‘yea.’’ Cubin King (IA) Reichert the table. Cuellar King (NY) Renzi So (two-thirds being in the affirma- Cummings Kirk Reyes tive) the rules were suspended and the f Davis (AL) Klein (FL) Reynolds Davis (CA) Kline (MN) Richardson bill was passed. CONGRATULATING FAIRFIELDS Davis (KY) Knollenberg Rodriguez The result of the vote was announced VOLUNTEER FIRE DEPARTMENT Davis, David Kuhl (NY) Rogers (AL) as above recorded. Davis, Lincoln LaHood Rogers (KY) A motion to reconsider was laid on (Mr. WITTMAN of Virginia asked and Davis, Tom Lamborn Rogers (MI) the table. was given permission to address the Deal (GA) Lampson Rohrabacher House for 1 minute and to revise and DeGette Langevin Ros-Lehtinen Stated against: DeLauro Larsen (WA) Roskam Mr. MICHAUD. Madam Speaker, I mistak- extend his remarks.) Dent Larson (CT) Ross enly voted ‘‘yea’’ on rollcall vote 11. While I Mr. WITTMAN of Virginia. Mr. Diaz-Balart, L. Latham Rothman support many provisions in H.R. 4986, I do not Speaker, I rise today to honor the Fair- Diaz-Balart, M. LaTourette Roybal-Allard fields Volunteer Fire Department of Dicks Latta Royce support this legislation because of the author- Dingell Levin Ruppersberger ization for war funding in Iraq. I intended to Northumberland County, Virginia. I Donnelly Lewis (CA) Rush vote ‘‘nay’’ on rollcall 11. join a grateful community in extending Doolittle Lewis (KY) Ryan (OH) my appreciation as they celebrate 60 Doyle Linder Ryan (WI) f Drake Lipinski Salazar years of service to our community. Dreier LoBiondo Sali PERSONAL EXPLANATION The Fairfields Volunteer Fire De- Edwards Loebsack Sa´ nchez, Linda Mr. BACA. Madam Speaker, if I were partment began serving the commu- Ehlers Lofgren, Zoe T. nity on January 30, 1947. It was at that Ellsworth Lowey Sanchez, Loretta present today, January 16, 2008, I would have Emanuel Lucas Sarbanes voted the following way: time that R.L. Haynie, the depart- Emerson Lungren, Daniel Saxton ‘‘Yea’’—H. Res. 912—Condemning the as- ment’s founder, gathered together 17 Engel E. Schiff sassination of former Pakistani Prime Minister original members to provide much English (PA) Lynch Schmidt Eshoo Mack Schwartz Benazir Bhutto and reaffirming the commit- needed fire and rescue service to the Etheridge Mahoney (FL) Scott (GA) ment of the United States to assist the people Reedville community. Everett Maloney (NY) Scott (VA) of Pakistan in combating terrorist activity and In the beginning, the department Fallin Manzullo Sessions housed its fire truck at a service sta- Farr Marchant Sestak promoting a free and democratic Pakistan Feeney Marshall Shadegg (Rep. ACKERMAN—Foreign Affairs) Suspension tion. Over the years, the department Ferguson Matheson Shays bill. has grown and expanded, adding a Flake Matsui Shea-Porter ‘‘Yea’’—H. Res. 921—Providing for the con- Glebe Point substation in 1957 and a Fortenberry McCarthy (CA) Sherman Foxx McCarthy (NY) Shuler currence by the House in the Senate amend- new Reedville firehouse in 1985. Franks (AZ) McCaul (TX) Shuster ment to H.R. 4253, with an amendment—Mili- The Fairfields Volunteer Fire De- Frelinghuysen McCollum (MN) Simpson tary Reservist and Veteran Small Business partment now boasts 44 members with Gallegly McCotter Sires Reauthorization and Opportunity Act of 2007— a fleet of eight vehicles. Garrett (NJ) McCrery Skelton Gerlach McHenry Slaughter (Rep. VELA´ZQUEZ—Small Business) Suspen- I would like to extend my apprecia- Giffords McHugh Smith (NE) sion bill. tion to all of the current and former

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00234 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.042 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H261 members of the Fairfields Volunteer $335 billion a year from all sources, portation infrastructure, despite what Fire Department for their dedication Federal, State, local, and private, in Mary Peters and George Bush think is and outstanding service to our commu- the Nation’s transportation infrastruc- one of the best ways to promote the nity. I would also like to thank them ture. long-term health and competitiveness for their patience and understanding in b 1700 of the United States of America. We my absence at their 60th anniversary should begin to make those invest- celebration. And today we’re investing about $87 ments. billion, about a third of the minimum f they think is necessary. This is a f REPORT ON RESOLUTION PRO- wake-up call that’s long overdue to The SPEAKER pro tempore (Mr. VIDING FOR CONSIDERATION OF this Congress, to this administration, SIRES). Under a previous order of the H.R. 3524, HOPE VI IMPROVEMENT and to the country about how we’re House, the gentleman from Texas (Mr. AND REAUTHORIZATION ACT OF losing ground. We’re headed toward PAUL) is recognized for 5 minutes. 2007 Third World status in terms of our Na- (Mr. PAUL addressed the House. His tion’s transportation infrastructure. remarks will appear hereafter in the Ms. SUTTON, from the Committee on That is not acceptable. Extensions of Remarks.) Rules, submitted a privileged report Unfortunately, the Bush administra- f (Rept. No. 110–509) on the resolution (H. tion, the headquarters of the head in Res. 922) providing for consideration of the sand folks, are saying no additional HONORING RICHARD HENRY the bill (H.R. 3524) to reauthorize the Federal investment is necessary; that ‘‘DICK’’ WHITE HOPE VI program for revitalization of all of that $220 billion can come from The SPEAKER pro tempore. Under a severely distressed public housing, and privatizing the Nation’s highways; toll- previous order of the House, the gen- for other purposes, which was referred ing and pricing people off the roads will tleman from California (Mr. LEWIS) is to the House Calendar and ordered to help mitigate congestion. Yes, they recognized for 5 minutes. be printed. want to toll existing highways, paid for Mr. LEWIS of California. Mr. Speak- f by taxpayers, they want to put extor- er, as we begin our work in the new tionate tolls on where they would year, I want to take a few moments to SPECIAL ORDERS charge more at rush hour. Now, if you reflect on the passing of a good friend The SPEAKER pro tempore (Mr. happen to live on the east side of town of mine. Richard Henry ‘‘Dick’’ White, SIRES). Under the Speaker’s announced and work on the west side and have to Jr., a fixture in Washington for four policy of January 18, 2007, and under a travel a congested highway, from decades, lost his fight against cancer previous order of the House, the fol- George Bush and Mary Peters, Sec- on December 21, and his death took a lowing Members will be recognized for retary of Transportation, the message whole lot of sunshine from the world. 5 minutes each. is, quit your job, move, or tough luck, Like many who came to Washington, suck it up. That’s not acceptable for f Dick White expected to stay in Wash- America. We are not going to solve this ington for a very short period of time. AMERICA’S INFRASTRUCTURE IS problem through the fantasies of this A 1955 journalism graduate of the Uni- ABYSMAL administration. You’re not going to versity of Oklahoma, Dick arrived here The SPEAKER pro tempore. Under a solve it with the privatization of our in 1965 as a correspondent for the Tulsa previous order of the House, the gen- existing network. Tribune. But rather than return home, Now, in certain areas, tolling, con- tleman from Oregon (Mr. DEFAZIO) is he moved to public service, and that gestion pricing and private-public part- recognized for 5 minutes. work caused him to become a congres- nerships, done properly, protecting the Mr. DEFAZIO. Mr. Speaker, yester- sional staff member over the next 14 public interest, can contribute a small day the commission which Congress years. He was the top staffer for Ed amount. The estimates are, generously, created during the enactment of the maybe 10 percent. But the Bush admin- Edmonson of Oklahoma and Dale Mil- surface transportation, the SAFETEA– istration is saying that can do 100 per- ford of Texas. LU bill, reported its results to the Con- cent because they’re saying they will He left the Hill in the late 1970s to gress in terms of the state of the Na- never ever support any increase in any serve as Washington representative on tion’s infrastructure. The short version taxes to increase any investment in the a number of farm-related issues. He is that the state of the Nation’s infra- national transportation infrastructure. later served as the vice president for structure is abysmal. We are seeing That’s a shame. That’s an incredible the Tobacco Institute, and most re- dramatically increased congestion. We shame. And it is doing an amazing dis- cently maintained a small public af- are seeing bridges collapse. We are los- service to the future of our economy. fairs consulting business. ing ground. We are not even maintain- And as we stagger in this recession Mr. Speaker, it has regrettably be- ing the investment made by the Eisen- created by the policies of this adminis- come vogue in politics to suggest that hower generation in the Nation’s inter- tration, one of the best ways that we lobbying, that is, representing the state system let alone other vital na- can begin to build out of it and to American people in Washington, is less tional needs. It needs immediate atten- make ourselves more productive in the than an honorable profession. Well, tion. future and prevent future recessions is anyone who knew Dick White would And, of course, investment in our in- investment in our infrastructure. You strongly disagree. He represented his frastructure will produce jobs. Large can justify borrowing money to build clients, small businesses, tens of thou- numbers of jobs will be produced things that are going to last 30, 50, 100 sands of farmers, hundreds of thou- should we go ahead with this needed years and benefit all of the American sands of workers, with integrity, hu- construction, not only construction people and our economy. They want to manity and a wealth of knowledge. His jobs but suppliers, small businesses, borrow money to give more tax cuts to service helped thousands of Americans communities will benefit. The economy the few rich people, many of whom be treated fairly when Congress consid- as a whole will benefit in terms of our have done fabulously well, some of ered policy changes that would affect economic productivity and competi- whom lost their shirts with speculation their livelihoods. tiveness with just-in-time delivery and in this recent market. Other sides of I came to know Dick White as a other concerns. And the American peo- the speculators made hundreds of mil- friend after his marriage in 1991 to one ple will benefit in terms of more time lions and billions of dollars by specu- of my senior staff members, Letitia at home, less time in commutes, less lating on the collapse of the housing Hoadley. To say this pair was a devoted fuel wasted in congestion and backups market, while the Bush administration couple is putting it mildly. For the in traffic. These are investments that and Alan Greenspan and everybody past 15 years they have been insepa- need to be made. watched the bubble grow and grow and rable and tenderly have cared for each The commission, a bipartisan com- grow and grow and did nothing. other through good times and bad. mission, by a large majority said we We need a concrete investment for Dick White was always welcome in need to be investing between $220 and the future, an investment in our trans- my office as a member of our extended

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00235 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.101 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H262 CONGRESSIONAL RECORD — HOUSE January 16, 2008 staff family. But his optimism and more, from Wall Street’s hallowed Well, these creditors won’t forget good humor made him welcome any- givers and offshoring artists. what we owe. They like the influence where he went. He always added a bit America, meanwhile, is falling deeper they are wielding. They will call in of sunshine on any visit, and left every- and deeper into recession with infla- their favors to Wall Street as they are one feeling more positive towards the tion rates the steepest in 17 years. All calling in their favors as our troops are day. Wall Street wants to do is make more staged all over this globe. And to those Beyond his public affairs interests, money. But at whose expense? These candidates who were elected with Wall Dick was an avid follower of college big bankers and fund managers will Street’s help and their enormous finan- sports, including Oklahoma football. stop at nothing for profit, even at the cial support, they will call. He loved to travel, especially to the price of our national security. They are The problem is, the American people Caribbean. But his greatest joy was to selling out America. and the very principles to which this spend time at his weekend cottage in Wall Street’s thirst for profit drove Republic is dedicated are compromised Southern Maryland where he enjoyed the subprime lending crisis to suck the and eroded in the process. boating, gardening and swimming. He equity away from ordinary home- Wake up, America. It’s a time for ac- loved to entertain. He would revel in a buyers. It has raided your pension tion and for the people of this country swimming pool full of kids. He was a funds. And the latest gimmick is grab- to rise to preserve their diminishing great listener, and was considered a bing for foreign money to bail them- independence. great grandpa by every boy and girl selves out from bad decisions that are CITIGROUP MAY CUT THOUSANDS OF JOBS who was lucky enough to spend time covering staggering losses. NEW YORK.—Citigroup Inc. is expected to with him. Citigroup, the largest institution in announce thousands of job cuts after posting Even as Dick battled cancer in the the country, has made headlines with dismal results for the fourth quarter, when last few years, he maintained his posi- its $10 billion fourth quarter losses. As the bank’s mortgage-riddled portfolio lost billions of dollars in value. tive nature, hearty laugh, infectious a result, the bank is cutting thousands Citigroup swung to a loss of nearly $10 bil- smile, always a part of Dick’s life. In of jobs and turning to investors from lion in the fourth quarter as it took a write his last summer he purchased a small where? China, Saudi Arabia, Singapore, down of $18.1 billion for bad bets related to boat, hired an instructor, and provided Kuwait, to bail the company out. the mortgage industry, the bank said on a sailing school for neighborhood kids. An article I wish to place in the Tuesday. Dick White is survived by his loving RECORD from the New York Times On the hunt for cash, the nation’s largest bank said Tuesday it also got a $12.5 billion wife Letitia and her family; his daugh- states, ‘‘Other investors that are trying to pump money into Citigroup are Cap- investment from outside investors, including ter, Ann Calvert Brown; son-in-law $6.88 billion from the Government of Singa- Stephen Brown; and grandchildren Su- ital Research Global Investors.’’ Well, pore Investment Corp. zanne Noel Brown and Daniel Calvert who are they? Capital World Investors. Other investors were Capital Research Brown. He is also survived by siblings, I wonder who they are? It mentions the Global Investors, Capital World Investors, Miles White of San Antonio, Texas; Kuwait Investment Authority, the New the Kuwait Investment Authority, the New Elizabeth White George of Belfair, Jersey Division of Investment. New Jersey Division of Investment, shareholder Prince Alwaleed bin Talal of Saudi Arabia Washington; and Robert White of Okla- Jersey is going to bail out Citigroup? How can that be? Shareholder Prince and former chief executive Sanford Weill and homa City, Oklahoma, as well as their his family foundation. families, including numerous nieces, Alwaleed bin Talal of Saudi Arabia and Citigroup also took a net charge of $3.31 nephews and their children. former chief executive Sanford Weill billion for loan-loss reserves in its U.S. con- Mr. Speaker, Dick White, a man of and his family foundation. sumer credit business—primarily for delin- all seasons, gave all who knew him a The article goes on to say, quencies on mortgages, credit cards and auto reason to believe in the value of friend- ‘‘Citigroup said it raised $12.5 billion in loans. A year earlier it reversed $127 million in loan-loss reserves. Citi cited increasing ship as we go forward in life. He would new cash from outside investors, in- cluding $6.88 billion from the Govern- signs of weakness among the consumer— have told us not to mourn his passing, something many others have pointed to as a but rather to celebrate the life he lived ment of Singapore Investment Cor- potential indicator of a recession. in his time with us. In that spirit, I ask poration.’’ Fourth-quarter losses totaled $9.83 billion, my colleagues to join me in remem- We’re raising money from foreign or $1.99 per share, compared with earnings of bering a wonderful husband, father and governments to pump into U.S. bank- $5.13 billion, or $1.03 per share, during the friend to all and to express our warm- ing institutions? Our entire financial same quarter in 2006. Citigroup’s revenue fell est good will to his family. sector is clawing at survival. to $7.22 billion in the fourth quarter, down 70 J.P. Morgan Chase lost 34 percent in percent from $23.83 billion generated during f the fourth quarter, with $1.3 billion in the final quarter of 2006. Analysts polled by Thomson Financial, on The SPEAKER pro tempore. Under a write-downs attributed to the subprime previous order of the House, the gentle- average, forecast a loss of $1.03 per share for crisis. Will Tony Blair be able to bail the quarter on revenue of $10.64 billion. The woman from California (Ms. WOOLSEY) them out in his new advisory position? biggest loss estimate for the quarter was for is recognized for 5 minutes. To which foreign interest will he turn a loss of $1.43 per share, while the lowest rev- (Ms. WOOLSEY addressed the House. for cash? enue estimate was for $6.47 billion. Her remarks will appear hereafter in Foreign capital indebts us more than Citigroup was hit hard for the second the Extensions of Remarks.) the face value of the transaction. I straight quarter by rising delinquencies and defaults in the mortgage market—especially f thought we were a nation founded in among subprime loans given to customers independence. This kind of borrowing AMERICA NEEDS ACTION with poor credit history. The New York- means America is no longer free. We based bank cut the value of bonds and debt The SPEAKER pro tempore. Under a owe and our children will owe, so will backed by the troubled loans by $18.1 billion. previous order of the House, the gentle- our grandchildren and our great grand- During the third quarter, Citigroup took woman from Ohio (Ms. KAPTUR) is rec- children. And they won’t owe Uncle about $6 billion in write-downs. ognized for 5 minutes. Sam; they’ll owe the Premier of Com- It was not all bad news for Citigroup, Ms. KAPTUR. Mr. Speaker, America though, as the bank recorded record results munist China, the King of Saudi Ara- in its international consumer, transaction is embarking upon a Presidential elec- bia, the Emir of the United Arab Emir- services and wealth management segments. tion year. And what are these can- ates, the Bank of Singapore. International consumer revenue increased didates offering? Some say hope. Oth- Wake up, America. George Wash- 45 percent, due to a 21 percent year-over-year ers say change. Others say tax cuts. My ington said beware of entangling for- increase in average deposits and a 30 percent fellow citizens, what we need for some- eign alliances. He said, ‘‘How many op- jump in loan volume. Citigroup’s inter- one to say is we need action. portunities do such alliances afford to national consumer unit also benefited from a America is being bought out from tamper with domestic factions, to prac- $507 million pretax gain on Visa Inc. shares under us. What do the candidates have and a $313 million gain on the sale of Nikko tice the arts of seduction, to mislead Cordial’s Simplex Investment Advisors. to say about that? Nothing. Not yet. public opinion, to influence or awe the Transaction services revenue increased to All the while, their campaign coffers public councils.’’ a record $2.29 billion, driven by growing cus- are brimming with money, more and Wake up, America. tomer volume.

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00236 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.104 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H263 For the full year, Citigroup posted net in- John is to the people in these war-torn Energy and Water of the Appropria- come of $3.62 billion, or 72 cents per share. regions. tions Committee we heard expert, cor- As part of a plan to boost capital on its John knew the dangers he faced, and roborated testimony that heating and balance sheet after the fourth-quarter losses, he went anyway, with dignity and con- cooling and the electrical fixtures and Citigroup said it raised $12.5 billion in new cash from outside investors, including $6.88 viction. Such was his commitment to appliances in buildings in the indus- billion from the Government of Singapore serve the people of Africa. trial, commercial and residential sec- Investment Corp. John Granville was a thoughtful and tors use nearly 50 percent of all the en- Citigroup also cut its quarterly dividend to honorable man who was deeply loved ergy that is used in America today and 32 cents per share from 54 cents per share to by his family, friends and the commu- thereby were responsible for nearly 50 save money. nity in my hometown of South Buffalo, percent of the greenhouse gas emis- Shares of Citigroup fell 85 cents, or 2.9 per- New York. We are proud to salute John sions that cause global warming. cent, to $28.21 in premarket trading from a and honor him for his lasting service to We were also told that we could re- $29.06 close Monday. our Nation and for the important hu- duce by one-half the energy used in f manitarian work that he was doing in new or renovated buildings using The SPEAKER pro tempore. Under a Africa. present knowledge and technology. previous order of the House, the gen- John was a graduate of Canisius High One month ago, because of the power- tleman from North Carolina (Mr. School and Fordham University and ful and insistent leadership of Speaker JONES) is recognized for 5 minutes. earned a master’s degree in inter- NANCY PELOSI, and the critical co- (Mr. JONES of North Carolina ad- national development from Clark Uni- operation of Chairmen DINGELL and dressed the House. His remarks will ap- versity. A memorial scholarship has MARKEY and a host of others from both pear hereafter in the Extensions of Re- been established at Canisius High parties, this Congress passed and the marks.) School in his memory as family, President signed landmark energy leg- islation. f friends and classmates want to make sure that he is never forgotten. That new law focused heavily on re- b 1715 We know John will be missed beyond ducing the fossil fuel used in transpor- measure by his loving mother, Jane; tation by raising corporate average CELEBRATING THE LIFE OF JOHN his beloved sister, Katie; and brother- fleet efficiency standards to 35 miles MICHAEL GRANVILLE, AN AMER- in-law, Sean; his loving nieces, Caro- per gallon by the year 2020 and man- ICAN DIPLOMAT lina, Julia, Hanna and Molly; and neph- dating production of 36 billion gallons The SPEAKER pro tempore. Under a ew, Matthew; his extended family and of biofuel, mostly ethanol, by the year previous order of the House, the gen- dear friends. 2020. tleman from New York (Mr. HIGGINS) is I take the liberty of honoring John’s But equally important were some recognized for 5 minutes. life and legacy by including the state- provisions relating to buildings, what I Mr. HIGGINS. Mr. Speaker, I rise ment issued by his family shortly after have said already, which use nearly 50 today to honor and pay tribute to an his death, and it read’s: ‘‘John’s life percent of all the energy used in Amer- outstanding citizen of Buffalo and was a celebration of love, hope and ica today. First, the increased energy Western New York, John Michael peace. He will be missed by many peo- efficiency standards for appliances used in commercial and residential Granville, an American diplomat who ple throughout the world whose lives buildings; second, the goal that all devoted his life to promoting peace were touched and made better because commercial buildings built after the through his humanitarian work in the of his care.’’ continent of Africa. Everyone who knew and was influ- year 2025 would use zero net energy; John Granville worked for the United enced by John will mourn his loss in third, that all federally constructed buildings would reduce their general States Agency for International Devel- their own way. I will do my part to energy usage by 30 percent by the year opment in Sudan. He was fatally shot honor John’s memory by calling upon 2015; and fourth, that all new Federal on New Year’s Day after attending a the administration to strengthen its ef- buildings reduce their fossil fuel-pro- party at the British Embassy in Khar- forts to protect American diplomats duced energy by 55 percent in 2010 and toum. His driver was also killed. His serving overseas and to help end the eliminate by 2030 all fossil fuel-pro- sudden passing is a great shock to all genocide in Darfur and to bring peace of us, and my thoughts and prayers are duced energy. and reconciliation to the Sudan. Our first opportunity to meet the with his family and friends at this dif- Mr. Speaker, on this night, this sol- spirit of this landmark energy bill ficult time. emn and peaceful night in our Nation’s comes in the bill before us tomorrow, In this senseless tragedy, we lost a capital, a neighborhood grieves because the reauthorization of the Hope VI pro- man of peace and purpose, a man who a family from that neighborhood gram. dedicated himself to serving people grieves. Our neighborhood and family This reauthorization proposes a reju- that most of us will never know in a grieve the loss of a young, courageous venated program at $800 million a year place we will never visit. man of peace and reconciliation. And which with just Hope VI dollars alone John’s love for Africa, its culture, its Mr. Speaker, as we have lost a great could produce as many as 4,000 units people was nurtured during his years of young man doing God’s work, tonight per year of housing, affordable housing service there. His most recent work in- our Nation grieves with them. for people with low income. Put in per- volved distributing radios to people in f spective, those potential affordable the southern part of Sudan to support The SPEAKER pro tempore. Under a housing units represent less than 0.1 his agency’s broadcasting initiative in previous order of the House, the gen- percent less than 1/1000th of the hous- the region which was recovering from tleman from Florida (Mr. WELDON) is ing built in this country each year, and 21 years of civil war. The goal was to recognized for 5 minutes. virtually all of the cost is borne by the prepare southern Sudan for elections in (Mr. WELDON of Florida addressed Federal Government. 2009 and a possible referendum on inde- the House. His remarks will appear The bill includes an extremely im- pendence in 2011. hereafter in the Extensions of Re- portant provision that projects must Before joining the United States marks.) use green community criteria to be eli- Agency for International Development, f gible for the Federal funding. Numer- John served as a Peace Corps volunteer ous cities and even States already re- in Cameroon where he helped build the REAUTHORIZATION OF THE HOPE quire or use compliance with such first school in a rural village there. VI PROGRAM green community criteria. In my capacity as a member of the The SPEAKER pro tempore. Under a Washington, DC, for instance, re- Oversight and Government Reform previous order of the House, the gen- quires the criteria for all residential Subcommittee on National Security tleman from Massachusetts (Mr. construction, not just public construc- and Foreign Affairs, I have traveled to OLVER) is recognized for 5 minutes. tion. Sudan. I have seen firsthand how im- Mr. OLVER. Mr. Speaker, last month Washington State requires criteria portant the work of peacemakers like at a hearing of the Subcommittee on stronger than the green community

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00237 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.045 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H264 CONGRESSIONAL RECORD — HOUSE January 16, 2008 base criteria for all State-funded hous- The Army first declared Billy miss- try? A man died fighting for our coun- ing. ing in action, but soon after informed try and we should honor him to the Maine requires similar criteria for all his family that Billy was, in fact, fullest possible extent. This means housing built with public dollars in killed in action. Unfortunately, Billy’s bringing his remains to the airport that State. body was not recovered, and Billy’s closest to his final resting place and Cities from coast to coast, such as family was never able to welcome him providing full military honors upon the Cleveland, Ohio, and Boston, Massa- home. plane’s arrival as well as at the fu- chusetts, and Portland, Oregon, have After 58 years, and through the use of neral. already built Hope VI projects com- modern technology, the Army posi- It was only through pressure from plying with the green community cri- tively identified Billy’s remains. my office that the military provided a teria. An assessment of the added costs Billy’s body, along with five of his nine-member contingent of the Michi- for construction using such criteria comrades, was discovered in 2002 by ac- gan State Funeral Honors Team at the and for some 20 already completed cident when a road was being built Traverse City Airport. To honor Billy’s projects shows an average of 2.4 per- near the trench where he was buried. memory, and to ensure that this does cent increase in construction costs. Army officials recovered about 90 not happen again to another family But we build housing to last for 50 to percent of Billy’s remains and were member, I will work to change the cur- 100 years. Such projects exceed savings successful in matching his DNA with rent Department of Defense policy on in energy costs that are greater than that of his half-brother, Burnie Potter. repatriated soldiers. In my short time the construction costs that is slightly Burnie Potter had given the Army a in Congress, this has been the third re- higher within about 5 years, and those DNA sample years ago on the chance patriated soldier. Whether it was from savings accrue to the low-income fami- that Billy’s remains might one day be Vietnam or World War II or now the lies using that housing over the 50- to recovered. Korean War, each and every soldier 100-year lifetime of the housing. On October 31 of just last year, should be treated the same and should The benefits go to the low-income Burnie Potter and the rest of Billy’s be given full military honors when families directly if the families pay extended family finally received their they return home after sacrificing their utility bills directly or those ben- answers. Billy had been found and was their life for their country. Every sol- efits go to the public housing authori- coming home. dier should be treated the same, with ties if the authority itself pays the Since October, the family and the the same honors and respect upon their utility bill for the housing unit. And community has been busy planning for homecoming. those benefits are then passed on to the his return. Originally, Billy was to be The Korean War, Mr. Speaker, is tenants, and they require less of an ap- reunited with his family at the often referenced as the United States’ propriation in operating costs by our Pellston Regional Airport, just a short forgotten war, but Billy MacLeod will government to the public housing au- 20 miles from his hometown of Che- not be forgotten. I know all of Che- thorities in the various cities around boygan, Michigan, on January 15. boygan County and northern Michigan the country that use this housing. However, just a few days short before residents are proud of Billy and are We should not lose this opportunity Billy’s expected arrival, his family was pleased that this brave soldier will be to meet the spirit of the energy bill, informed that they’d have to pick up coming home to his northern Michigan the new energy law, that landmark leg- his remains in Traverse City, Michi- home. islation which we have all touted and gan. Traverse City is 100 miles away On behalf of a grateful nation, we say so strongly supported. We should use from his home. This is easily a 2-hour thank you and may God bless you, the best green criteria available to pro- drive, if not more, during the winter Billy MacLeod. You were never forgot- mote healthier homes for low-income months. ten. families and save all of that energy Upon learning this news from a over the long haul. friend, I offered my assistance and im- f f mediately contacted the Army. After b 1730 The SPEAKER pro tempore. Under a numerous phone calls, I learned that repatriated soldiers like Billy are The SPEAKER pro tempore (Mr. previous order of the House, the gen- SIRES). Under a previous order of the tleman from Texas (Mr. BURGESS) is treated differently than soldiers who are killed in active military theaters House, the gentleman from Texas (Mr. recognized for 5 minutes. GOHMERT) is recognized for 5 minutes. (Mr. BURGESS addressed the House. like Iraq and Afghanistan. Under current regulations, the De- (Mr. GOHMERT addressed the House. His remarks will appear hereafter in His remarks will appear hereafter in the Extensions of Remarks.) partment of Defense does not use mili- tary aircraft to transport repatriated the Extensions of Remarks.) f soldiers to their final resting place and f HONORING PRIVATE FIRST CLASS instead use only commercial aviation. BILLY MACLEOD I was told that the Pellston Airport REVISIONS TO ALLOCATIONS FOR HOUSE COMMITTEE ON ARMED The SPEAKER pro tempore. Under a was too small to accommodate a com- SERVICES previous order of the House, the gen- mercial plane that could transport tleman from Michigan (Mr. STUPAK) is Billy’s remains. I don’t buy it. The The SPEAKER pro tempore. Under a recognized for 5 minutes. Pellston Regional Airport is a rather previous order of the House, the gen- Mr. STUPAK. Mr. Speaker, I rise to large airport. It is not a small airport. tleman from South Carolina (Mr. honor Private First Class Billy Furthermore, I was told by the De- SPRATT) is recognized for 5 minutes. MacLeod. partment of Defense that it does not Mr. SPRATT. Mr. Speaker, under section Private First Class Billy MacLeod of provide an honor guard at the airport 302 of S. Con. Res. 21, the Concurrent Reso- Cheboygan, Michigan, was a brave 19- when a repatriated soldier returns lution on the Budget for fiscal year 2008, I year-old who answered the call to duty home. Both policies differ for current hereby submit for printing in the CONGRES- and served our Nation during the Ko- theater deaths. For soldiers who are SIONAL RECORD a revision to the budget allo- rean War. killed in active theater, the military cations and aggregates for certain House Billy was among the thousands of uses both military and civilian aircraft committees for fiscal year 2008 and the period U.S. and other United Nations to reach a family’s desired resting of 2008 through 2012. This revision represents servicemembers pitted against the place and provide a military honor an adjustment to certain House committee North Koreans and Chinese in the Bat- guard at the airport upon the body’s budget allocation and aggregates for the pur- tle of Chosin Reservoir. These men arrival. poses of sections 302 and 311 of the Con- were outnumbered by the Chinese and Why does the Department of Defense gressional Budget Act of 1974, as amended, faced bitter cold winter temperatures. not treat our soldiers the same way? and in response to the consideration of H.R. It was in this battle on November 28, Why does it matter, or does it really 4986 (National Defense Authorization Act for 1950, that Billy lost his life fighting for matter, if a soldier was killed yester- Fiscal Year 2008). Corresponding tables are his country. day or 50 years ago defending our coun- attached.

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00238 Fmt 4636 Sfmt 9920 E:\CR\FM\K16JA7.111 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H265 Under section 211 of S. Con. Res. 21, this BUDGET AGGREGATES BUDGET AGGREGATES—Continued adjustment to the budget allocations and ag- [On-budget amounts, in millions of dollars] [On-budget amounts, in millions of dollars] gregates applies while the measure is under Fiscal Year Fiscal Year Fiscal Years Fiscal Year Fiscal Year Fiscal Years consideration. The adjustments will take effect 2007 2008 1 2008–2012 2 2007 2008 1 2008–2012 2

upon enactment of the measure. For purposes Current Aggregates: 3 Revenues ...... 1,900,340 2,016,859 11,141,734 of the Congressional Budget Act of 1974, as Budget Authority ...... 2,250,680 2,354,727 n.a. Outlays ...... 2,263,759 2,358,862 n.a. 1 Current aggregates do not include spending covered by section amended, a revised allocation made under Revenues ...... 1,900,340 2,016,857 11,141,747 207(d)(1)(E) (overseas deployments and related activities). The section has section 211 of S. Con. Res. 21 is to be con- Change in the National not been triggered to date in Appropriations action. Defense Authorization Act 2 Change in revenue aggregate required for the Tax Increase Prevention sidered as an allocation included in the resolu- (H.R. 4986): Act, P.L. 110–166, has been readjusted pursuant to section 321 of S. Con. Budget Authority ...... 0 ¥6 n.a. tion. Outlays ...... 0 ¥31 n.a. Res. 21. Revenues ...... 0 2 ¥13 3 Excludes emergency amounts exempt from enforcement in the budget Revised Aggregates: resolution. Budget Authority ...... 2,250,680 2,354,721 n.a. n.a. = Not applicable because annual appropriations Acts for fiscal years Outlays ...... 2,263,759 2,358,831 n.a. 2009 through 2012 will not be considered until future sessions of Congress. DIRECT SPENDING LEGISLATION AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal Years, in millions of dollars]

2007 2008 2008–2012 Total House Committee BA Outlays BA Outlays BA Outlays

Current allocation: Armed Services ...... 0 0 ¥50 ¥50 ¥410 ¥410 Change in the National Defense Authorization Act (H.R. 4986): Armed Services ...... 0 0 ¥6 ¥31 271 ¥17 Revised allocation: Armed Services ...... 0 0 ¥56 ¥81 ¥139 ¥427

30-SOMETHING WORKING GROUP trol of the Congress, small majority, down to the State of the Union. Those The SPEAKER pro tempore. Under but control. I had a chance to put some are the days remaining, the 12 days. the Speaker’s announced policy of Jan- accountability measures in an Armed I can tell you, also, Mr. Speaker and uary 18, 2007, the gentleman from Flor- Services mark and the Foreign Affairs Members, that it’s important what the ida (Mr. MEEK) is recognized for 60 min- legislation. We were able to do that, President says at the podium just utes as the designee of the majority but very limited because the President below where you are, Mr. Speaker; leader. continues to hold on to the 40 Repub- what he says is going to be very, very Mr. MEEK of Florida. Thank you licans solid that he needs to withstand important. Not only will the United very much, Mr. Speaker. It is an honor a congressional override when he ve- States and the people that work every to be here on the floor. toes legislation that the American peo- day, those that defend our country that As you know, in the 30-Something ple would like to see enacted. are abroad, but other world leaders will Even though it had bipartisan sup- Working Group, we come to the floor be paying attention to what the Presi- port, many pieces of legislation dealing to share information not only with the dent has to say. And I’m pretty sure he with Iraq, also dealing with a number Members, but also with the American is going to have to say a lot. of other issues that are important to people. And I think it’s very, very im- the American people, the President was In past State of the Unions, and this portant, now that we are in our second able to use his veto pen for the first will be my sixth opportunity to be a day of reconvening after the new year, time, many times, and not for the very part of this Congress and to witness a to wish everyone a happy new year, and first time, but for the first time that State of the Union in this Chamber, hopefully we will be very productive on he has been consistent in doing so. there have been some highlights and behalf of this great country of ours. Sometimes it actually has sent the there have been a lot of disappoint- A lot has happened, Mr. Speaker, country backwards when we start deal- ments. And I think that we have to since my last time on the floor. The 30- ing with issues that we’re facing right plow through that now, Mr. Speaker, in Something Working Group had the op- now. a bipartisan way in making sure we do portunity to adjourn the House for the I come to the floor with a new spirit what we must do on behalf of the coun- year 2007. One of the Members of your and hopefully a new outlook in the try. class actually had the opportunity to year 2008 that we will have a better hit the gavel, Ms. YVETTE CLARKE. I say that in the spirit that House way of working in a bipartisan way Democrats in December had an eco- We left, and a lot took place. There here in this House and in the Senate are a lot of Presidential politics that nomic forum, talking about the econ- and working with the President. We omy, talking about what we need to have taken place since then on both can’t say that there has not been stimulate this economy. You’ve heard sides of the aisle, Republican and Dem- reaching out, especially on behalf of a lot of proposals on the campaign trail ocrat. There has been a lot said. There Democrats to Republicans, here in the from Republicans and Democrats and has been a lot of media coverage on dif- Congress. I can tell you that we have Democrats and Republicans. And ev- ferent issues. But I can tell you, Mr. had an opportunity to work with Presi- eryone has a great plan. But I think Speaker, the issue of the economy and dent Bush and also congressional Re- that it’s important that those of us the issue of the war in Iraq continues publicans in talking about various that are elected now to govern, that we to bubble up to the top. The issue of issues that are facing our economy. We govern, because I don’t think the health care continues to bubble to the came in and had discussions with Sec- American people can wait until 2009 to top. retary Paulson, who is the Secretary of And also, as we reflect on what took the Treasury, about the economy. You get accountability and to get relief place last year, the closing part of last will be hearing a lot more from him, from this government. year, it was very frustrating for many Mr. Speaker and Members, as we start Saying that, I want to commend the Americans because one may think that to approach the date that the Presi- administration, the Bush administra- we would have accomplished, when I dent is going to release his budget, tion, that they released $450 million say ‘‘we,’’ those of us here in Wash- which will be in the early part of next from the Low-Income Home Energy As- ington, D.C., I’m including the Presi- month. I believe it will be the 4th. On sistance Program. And I can tell you dent of the United States and the Con- February 4 he will be releasing his that it’s very, very important to be gress, to achieve some sort of sensible budget, as the date stands now. Well, able to assist some of our seniors and plan as it relates to Iraq, and that was between now and then there’s a lot many of our low-income. But this not achieved. More accountability, be- that has to happen. And we’re just 12 money was made available because the cause we have control of the Congress, short days, I must add, Mr. Speaker, Congress put $2.6 billion into that par- and I say ‘‘we,’’ Democrats have con- from the President giving the count- ticular program and funding it in an

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00239 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.046 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H266 CONGRESSIONAL RECORD — HOUSE January 16, 2008 appropriations bill that passed in De- ington, D.C., but back in my district Speaking of that, Mr. Speaker, I cember and increased it by $400 mil- that has been hit real hard in Florida, talked about the Dow closing yester- lion. So really, when you look at it, upwards of $3.33, and that’s just for reg- day, but today the market finished 34 Mr. Speaker, thanks to not only a ular unleaded, octane 87. So when you points down, and I can tell you that it’s Democratic-led Congress, but also think about it, especially those small been a roller coaster day. And many some Republicans that did vote in the business men and women that may Americans don’t have a great under- affirmative to pass this work product have an F–10 or what have you, that standing of how important the opening out of this Congress, out of the $2.6 bil- comes up to a lot of dollars. and closing of the market is, but it has lion, within that we increased it by And when you think about gas prices, a lot to do with our economy and it $400 million, the President released $450 even for those that use mass transit also will make investors more fearful million. I hope that we can continue in and those that are driving hybrids and of going out and doing some of the this spirit, Mr. Speaker, on behalf of other vehicles that are high mileage things they have been doing. So we as Americans that are being hit the hard- vehicles, it hits them, too. But think the government have to step up and est in this economy as we move for- about when you go to the grocery rise to the occasion on behalf of not ward. store. That means that milk is going to only the American people but also in So many times that the administra- cost more because of transportation making sure that we stand up to keep tion, the Bush administration, and so costs. Everything will go up. And our economy going for small and me- many times within that 40 that we talk that’s when we start talking about an dium-sized and large businesses. about that the President has been hold- economy that’s out of reach for Ameri- I think, Mr. Speaker, as we continue ing on to, on many issues that the Con- cans that are making just the same as to head down the days to the State of gress and Republicans here in the they were making last year or the year the Union, we know that there will be House, and we’ve passed bills with bi- before. a lot of things said, and we know that partisan support, are able to hold on to And speaking of a bipartisan victory, the American people are going to be not being overridden. And I think that Mr. Speaker and Members, the passage paying more attention than they were it’s time, it’s high time, especially for of the minimum wage bill that some in paying even last year to the Presi- those Americans that are concerned this Congress said over their dead body dent’s State of the Union for the fol- about what happened on Wall Street will they see the minimum wage in- lowing reason: States, come this Feb- yesterday, I believe it’s 45 points down crease, that it was increased. And at ruary 5, Super Tuesday, will stand in now, I don’t know how it’s going to the same time, because of the respect judgment of those that will replace the close today, but I think it’s very, very that the majority here in this Congress President of the United States because important that we look at what is hap- has for small businesses, that’s the of term limits, will be the nominee on pening right now, what’s happening backbone of our economy, that we were both sides, and they will be paying at- with the mortgage crisis right now in able to also put a package onto the tention to the issues. Well, I want to this country, and what we must do by minimum wage bill that also provided make sure that my colleagues know leadering up and reaching across the some relief to small business people. and all of my colleagues know in Con- aisle to one another to make it happen. But I think it’s important, Mr. gress and also in the executive branch, We have achieved that, Mr. Speaker, Speaker, and I won’t digress into how those of us that are ‘‘working to make in the first session. When I say ‘‘we,’’ I we got to this point because I think this government better,’’ that we un- always used to say in the 109th Con- that’s self-explanatory. I think we derstand our responsibility, because I gress and the 108th Congress, biparti- know that governance has a lot to do am a little concerned, Mr. Speaker, sanship is only allowed when the ma- with it, and we’re trying to bring about that some may feel that one can play jority allows it to happen. And I can that kind of change with the passage of Presidential politics as real Americans say that what I witnessed in the first the energy bill that this House passed are going through real life issues, and I session of the 110th Congress, biparti- in the first session of Congress. But think that it’s important that we don’t sanship was achieved because you can $3.07 is something that we must address allow that season to seep into this see that there were a number of votes, and that we have to address. And until Chamber or seep into the Senate or major votes on major pieces of legisla- we get to the point, Mr. Speaker, that seep into the President’s office to log- tion, that was bipartisan in double Republicans are able to work along jam what we must do on behalf of the digit numbers, and sometimes three with Democratic leadership, Demo- American people. It’s okay to take a digit numbers, of Republicans voting in cratic chairmen, Democratic leaders, stand and say, This is what I would favor of major pieces of legislation and not really bringing about the dif- like to have, but it’s another thing that has passed off this floor and was ference between us and them and mak- when one goes out of their way to stop sent to the President. And in some ing a political statement, but kind of progress, and I think that progress is cases, the President vetoed it because being under the same banner of ‘‘we something that we must work on very we fell short of achieving the 40 that he want to work together.’’ And a good hard. always counts on to help him with- step towards that direction, Mr. Speak- I want to, Mr. Speaker, share a cou- stand a veto. er, was today, seeing the Republican ple of more points with you tonight. I I think it’s important, when we start leader stand with Speaker PELOSI and think it’s important that we look at talking about the letter that the also with the majority leader and the the fact that we are still in a very dif- Speaker and Senator REID, the leader whip on the Republican side and so on ficult situation and we look at putting in the Senate, wrote to the President and so on, it’s good to see that. I hope together this stimulus package, and I on the 11th of this month talking about that that relationship continues. I am speaking to the administration and energy, talking about gas. And I think hope that that effort of coming to- those that are coming up with the it’s important that the President re- gether continues. budget, the Office of Management and sponds to that, because as the Presi- Budget over in the President’s execu- dent is flying to Saudi Arabia and b 1745 tive branch. And also as agencies start other places, really talking with those Definitely, the majority has shown, to move their budget requests forward, leaders because of this very issue here, the Democrats have shown, we have there is a number of Members of Con- Mr. Speaker. We’ve gone from January shown, that we are willing and able to gress that are concerned about that 22, 2001 per gallon price for gas $1.47 work in a bipartisan way as it relates very number to the far end, $1.19 tril- over today’s average of $3.07 per gallon. to putting together a stimulus package lion over the last 6 years, and the Fed- Now, Mr. Speaker, some Members may that would work on behalf of all Amer- eral debt continuing to rise, compared be saying and some staff may be say- icans. And I hope that the President to the 224-year history of this country, ing, and I know the American people shares in that theme and that notion from 1776 to 2000, $1.01 trillion. Forty- are saying, excuse me, Congressman, that the American people would like to two Presidents weren’t able to come up you must have the wrong number with see. And we do know the American peo- with that number, and we are about to that $3.07 because just earlier today ple would like to see us work in a bi- double that number now. A lot of that I’ve seen gas not only here in Wash- partisan way. number was brought about up until

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00240 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.117 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H267 2006, and we have worked very hard to said that he has had 1,100 jobs leave in what we’re talking about here. This is bring that number down in 2007. the last 2 months from Youngstown, the veto where 40-plus Republicans And as you know, there has been a Ohio, or around that Niles, Ohio, area. went down to the White House and great discussion on the pay-as-you-go But meanwhile, not only is China the stood with the President when we put mandate that we have put forth. And I benefactor of those jobs in many cases, requirements on the administration to know that the AMT, the alternative but they also have the opportunity to make sure that we have accountability minimum tax, to avoid a tax increase use those dollars that they have accu- measures on the Iraq spending bill. And on so many Americans was held to the mulated off of commerce or what have this was something that the American last minute and Members had to vote you and use those dollars to buy our people wanted, something that I be- to borrow the money to offset that. I’m debt. So that’s a win-win situation. Not lieve had a big part of Democrats tak- hoping that as we move forth in the only am I the recipient of your jobs ing over the Congress, and we found stimulus package and as we move forth that used to be your jobs, but I am also ourselves in a situation being denied in other tax reform packages, and I am the recipient of being able to buy your that opportunity to bring that kind of speaking to my colleagues on the Re- debt where you have to pay me back accountability to the issue in Iraq and publican side of the aisle that really with interest. the spending in Iraq and the lack of ac- strongly supported borrowing the So as we look at this economic stim- countability in Iraq with 40 of our Re- money in both the House and Senate, I ulus, you have to think about what’s publican colleagues plus going down to think that’s important that we come happening, and that’s the reason why I the White House saying, We stand with together and think about not only the hope that the President responds to you Mr. President. future but the present. Speaker PELOSI’s letter and also Major- Now, I pulled that picture out just to We used to talk about this debt deal- ity Leader REID’s letter, which if he say that it did happen and that it can ing with the future, our children and doesn’t respond to it, I will have it on happen. Do we want that to happen our grandchildren. Well, guess what? the floor to ask the President or some- again? No. Can we work these issues The debt that’s being accumulated now one over at the administration to re- out before we get to the point of the and the posture that this country is in spond to it because these are very try- President saying, ‘‘I have to veto,’’ and right now in the fiscal sense today is ing times for everyday Americans. And a bus has to pull out in front of the dealing with our economy now, is deal- it’s not trying times just for Demo- Capitol and just over 40 Republicans ing with how we are respected by other crats or independents or Republicans. get on that bus and go down to the countries now. We owe more countries We’re talking about all Americans and White House and say, We stand with more money than we ever owed them what they are facing right now. you, Mr. President, and God bless in the history of the Republic. So that I was about to put this chart up, but America and apple pie and Chevy means that we are in a position now fi- let me just point out over here, OPEC trucks? We don’t necessarily need to do nancially that we have never been in nations, that’s Saudi Arabia. So when that. We can head that off if we know before. And so the President takes 8- the President is over there meeting that we need to work in a bipartisan day tours to other parts of the world, with the leadership in Saudi Arabia, way, and we are asking for that to hap- which he has done, and I think any with the King, Prince, and what have pen here on the majority side. world leader must do that. Everyone you, they can’t help but think, You b 1800 can’t come here to the United States. owe me money. You owe Saudi Arabia The State of the Union is a very, You have to go visit them and take money. So when you look at this debt very important time for the country, part in that cultural exchange and dis- that is record breaking at the $1.19 tril- and also for the world. I took the op- cussion. But I think it’s also impor- lion, that’s how we’re getting there. We portunity today to pull some of the tant, Mr. Speaker, when we think are getting there with an administra- statements from the 2007 State of the about that, when the Commander in tion putting forth budgets that are Union. I think that it’s important for Chief goes down those steps off of Air still borrowing money and also holding us to look at what has transpired and Force One, that that world leader the Congress hostage and getting us what has not transpired; just some of should not be looking at that Com- into a position to where now the Amer- the things that were said that have not mander in Chief and saying, First of ican people will have to pay through come to reality or have not come to all, you owe me money. You owe my the nose or lose tax benefits to con- being a part of Federal law. country money. You borrowed money tinue that philosophy. I think when you start dealing with from us. That should not be the So I think the key would be a more issues such as health care, there’s good thought in that world leader’s head. bipartisan effort here in this House and lofty words that can be used, and dur- The vision that that world leader in the Senate to pass a good stimulus ing the President’s talk on health care should have is, A, that I have commu- package, hopefully in concert with the he said, a future hope and opportunity nications with this world leader. We President. But if it’s not in concert requires that all of the citizens have af- have a relationship. We have one that with the President and the administra- fordable and available health care. we can work together in making this tion, and Secretary Paulson is going to The Republican record on that has world safer and also looking at our have a lot to do with that and a lot to been the President’s tax deduction global economy. As this chart shows say about that, the Secretary of the plan, which would do nothing to rein- here, and you’ve seen it before, the Treasury, and if that does not happen, vest a majority of the 47 million Amer- largest foreign holders of U.S. national since there have been committee hear- icans in his plan. And he also makes debt. When the Japanese leaders come ings and there have been Budget and the health care problem even worse, a to the United States or we see them Ways and Means and Financial Serv- plan of raising taxes on many middle- abroad, any of our diplomats or what ices and other committee meetings and class families and also undermining have you, they are thinking $644.3 bil- the American people have had an op- the employer-provided insurance lion and counting, and this number is portunity to hear hours and hours of health program over the next 6 to 8 higher now. debate on the committee level and also years. China as of 11–05 was at $249.8 billion. here in this Chamber, this may very Now, I think it’s important that we China now is at 349.6, and that number well be a sign to put together a stim- look at this issue, and we try to look at is a little higher than that now, and I ulus package and at least stand next to this issue, talking about a Democratic know I need to get this chart updated. our work product and not whither approach of dealing with that health But I think when we look at that and under the President’s threat of a veto. care, and starting this issue with our we say that we want China to do things If he does veto it, that means we have very newly born citizens to this great better than they are doing as it relates to go back to the drawing board if country of ours through the SCHIP to providing products that will be safe there are 40 Members that are willing program. And our plan, looking at the for U.S. consumers, but as we look at to stand with the President. direction that we were heading in, we China, I can’t help but think about the I would also add that in the 30-Some- were working to increase the avail- conversation I had earlier today with thing Working Group, we always take ability of health care insurance to chil- my colleague TIM RYAN from Ohio, who an opportunity to show illustrations of dren, those that are in need the most,

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00241 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.119 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H268 CONGRESSIONAL RECORD — HOUSE January 16, 2008 and that was through the SCHIP pro- The first session of the 110th Con- Presidency to make this right and to gram. And we were not able to do that, gress was a good session and a lot was be what he said he was in his first cam- even after one, two, three attempts to done in the first session. I think it’s paign, that he is a uniter and not a di- get that SCHIP bill past the Presi- important too, when we look at the vider, a uniter and not a divider. I dent’s desk without the veto that he past and start looking towards the fu- think the American people need to see actually carried out and without a con- ture, in the first session of the 110th that played out in this last year that tinued threat of a veto if we were to Congress, the 9/11 Commission rec- he will be serving as President of the send it. ommendations to protect America United States. We did reauthorize the bill for an- from terrorism, passed, signed into Once again, the majority in the other year, but that is not addressing law; the largest college student aid ex- House and Senate, the only way we can many of the issues that are facing pansion since 1944; the GI Bill, that achieve bipartisanship is if the major- Americans right now, and I think as we saved average students $4,400, that is in ity allows it. We know that the major- start to look at this issue, Mr. Speaker their pockets, passed, signed into law; ity has the will and the desire to allow and Members, we have to look at it the first minimum wage increase in a that to happen. The question is, the from the standpoint of we have to start decade, there’s a pay raise for 33 mil- President and the administration, do somewhere. What better place to start lion Americans, that comes in handy they have the will and desire to allow than dealing with our children? I think now, passed, signed into law; Innova- bipartisanship to work between the that it’s important that we move in tion agenda promoting 21st century legislative branch and between the ex- that direction. jobs, passed, put into law. That is com- ecutive branch? Fiscal discipline and the economy. ing back towards making sure we are I hope and I pray, especially on be- We talked about that, and some of that able to stay competitive with other na- half of those that are punching in and will be placed in this State of the tions. punching out every day, on behalf of Union, I am sure. I don’t think the The tough lobbying and ethics reform those that their only income is a So- President can come in here in another bill that was just held by independent cial Security check and what their 12 days or so and not talk about the reform groups, passed, signed into law; family assists them with to keep the economy. I mean it’s almost like an reconstruction and assistance of the lights on, keep food in the refrigerator, elephant standing 3 feet in front of me, Gulf Coast devastated hurricane areas, I hope on behalf of those that are in and I’m saying, I don’t see the ele- passed, signed into law. That was a harm’s way, fighting on behalf of our phant. I don’t see what you’re talking long fought effort that was something country in Afghanistan and also in about. That is the situation right now where the people in the gulf coast Iraq, and those that are deployed in in dealing with the economy. asked for fairness, equity, and atten- military installations throughout the tion from this government. We were Another slogan issue, not really a world, that their mother or their fam- able to bring that to fruition through plan, but a plan that’s released nine ily members are able to survive here the first session of the 110th Congress, times out of 10 in the budget or a piece under this economy and the direction of legislation, the President says, to- which is a Democratic Congress. I can tell you there are a number of that it’s headed in. gether we can balance the budget. It’s going to take bipartisanship. issues that have not been resolved, Well, let’s look at that statement. That means we need to rise up above ‘‘Together we can balance the budget.’’ that were attempted to get resolved, but I think that some of those issues, Democrat and Republican, rise up over Well, over the last 6 years President our differences, and stand on behalf of Bush has not put forth one balanced we look at the expansion of research of stem cells, passed, was not signed by the American people who are counting budget plan. First you have got to on us. start with that. You have got to put on the President. Also, health care for 10 million children of working families, With that, Mr. Speaker, it’s always the table the work product that will an honor to come to the floor and ad- actually balance the budget. passed, not signed into law. Vetoed. We also look at the other major, dress the Members. The 30-Something I think that when you look at his- major pieces of legislation that were Working Group will continue to work toric numbers, where we are now, we even threatened by veto that were hard on behalf of the common good, turned a $5.6 trillion surplus into more stalled in the legislative process be- and also bipartisanship in the House than a $3 trillion deficit. The fastest cause the President issued a veto and in the Senate, and hopefully with growing item in the budget is interest threat. the administration. But we ask for the payments to foreign countries that I I think that as we look at the past Members, if they have any questions or have put up on this chart. It may not success that we have had in a bipar- anyone has any questions or would like be the most exciting thing in the tisan way, and as we look at the future to share a story, that they can contact world, but I can tell you, once we start of what the American people are going us at 30- to really start moving down and paying through now and what they will be [email protected], or down this debt, the goalpost continues going through in the coming months, I just visit www.speaker.gov/ to move further and further away be- think now more than ever in any other 30something, and we would love to cause of the fact that we are not work- time since I have been in Congress, and have a conversation with you. Also if ing together to make sure that we can it’s now my third term, that the Amer- you wish to share your stories about balance this budget. The President ican people need us. The American peo- what is actually happening in your said, Together we can balance the ple need us to work together like no hometown or happening with your budget. Well, just because he says it other time in recent history. business and what it will mean to you doesn’t necessarily mean that it’s Some forecasters have said this is for us to work in a bipartisan way. going to happen. going to be a pretty bad economic I think that is the spirit we want to So when we start to move down the downturn. A lot of folks are using the pick up and the spirit that we want to track, Mr. Speaker, in closing, looking R word, the recession word. We have to have so that we can get something at the economy; looking at the fact work together so that the American done on behalf of the American people. that the American people expect for us people don’t suffer, and we will work f to work together, which we should; together, especially on the majority looking at the fact that this is not the side, in hopefully a bipartisan spirit to CONSTITUTIONAL CAUCUS ON THE centerpiece or peak of the political sea- allow that to happen. But there has to BILL OF RIGHTS son, but there’s a lot being said on both be the will and the desire on behalf of The SPEAKER pro tempore. Under sides, Democrat and Republican, and I the minority party, which is the Re- the Speaker’s announced policy of Jan- think it’s important for us to look at publican Party here in this Congress, uary 18, 2007, the gentleman from New the past, learn from the past, hopefully and the spirit and desire on behalf of Jersey (Mr. GARRETT) is recognized for for a brighter future, looking at the the administration to get something 60 minutes as the designee of the mi- past, what has happened and what has done. nority leader. not happened, and looking at a bright- I think the President should be more Mr. GARRETT of New Jersey. Mr. er future. motivated than any other time in his Speaker, I appreciate the opportunity

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I thank him Magna Carta and the like, but nothing aisle leaves, and I know he is involved not only for his usual diligent work as to the poignancy and the directness as in a discussion right now, but before I he works earnestly in his capacity as a we have in the Bill of Rights was ever repeat my remarks, I will reference his Member representing his great State as seen prior to this documentation. closing remarks, which was an out- a Member of Congress and all the re- Tonight I join, as I say, with Mr. reach for bipartisanship to address the sponsibilities that that takes, I thank BISHOP and others in focusing on the economic situations that the country him not only for his work that he does ratification of this Bill of Rights, and I finds itself in. The gentleman can rest in addition to that to try to come up would like then to begin a discussion of assured that, at least from this gen- with methodologies to improve the per- how this document continues then to tleman from this side of the aisle, he formance of this House, which we are affect us today. can find that bipartisanship, because I all eager to look forward to and take According to Thomas Jefferson, the think when we all go back home to our part and see the work there as well, Bill of Rights was largely the brain- districts, regardless of the States that but in addition to all those responsibil- child of one man, George Mason. In we are in, we are hearing the same ities, he has also taken on the chore fact, Jefferson wrote, ‘‘The fact is un- complaint, outcry, what have you. It and responsibility, and I don’t think he questionable that the Bill of Rights in may be different in different portions looks at it as a chore, to come to the the constitution of Virginia,’’ which is of the country. Certain States are cer- floor once a month as part of the Con- where he was from, ‘‘were drawn origi- tainly harder hit than others. But I gressional Constitutional Caucus to ad- nally by George Mason, one of our think there is a general perception out dress the important philosophical and greatest men.’’ Yet, unfortunately, not there that no matter where you are, fundamental issues of the day. many people today have even heard of the economy is in, let’s say something So before I begin, I want to thank the him. It is for this reason that many of the doldrums. gentleman from Utah, Mr. BISHOP, for have called him the forgotten founder. So this side of the aisle is glad to all of his work to his constituents and But most Americans recognize the reach out to the other side of the aisle. also to the members of this conference name from the movie and Cinderella I also know that the White House is as well. story of 2006, the NCAA tournament, in more than willing to work to address As I say, we are here tonight as we which the George Mason University the economic situation that we find begin another year of our monthly Patriots made its way to the final four. ourselves in. That being said, I think Constitutional Hour. During this sec- But it was George Mason’s tremendous that the American public wants to be ond session of the 110th Congress, the contributions and accomplishments sure, wants to be sure that whatever members of this caucus will use this himself that have largely gone unrec- solution that we come up with out of opportunity to emphasize for our col- ognized. this House, the House and the Senate, leagues and also for the Nation the ne- Mr. Mason established himself as one and the President eventually signs cessity of ensuring that our govern- of the richest planters in colonial Vir- onto, will do something that will cre- ment is operating according to the in- ginia, and, like George Washington, ate more good than harm, and that will tent of our Founding Fathers and the who everyone is familiar with, he pre- be long lasting and not just short-lived original intent in the Constitution. ferred to remain at home working on or a flash in the pan. As the tenth amendment affirms, as I his plantation and spending time with A flash-in-the-pan might be some- often speak of on this floor, the author- his family. But when duty called, he thing like we have seen in my very own ity over most domestic issues belongs did not ignore it nor hide from it, and State. I come from the great State of to the States, either directly or throughout his adulthood, consented to New Jersey. We do something in our through their political subdivisions the request of his fellow Virginians and State which is called homestead re- and the people themselves, and not served in various political capacities. bates. Every year around election time, here for this House to be haranguing He was a Fairfax County justice, a whichever party is in power at that about. trustee of the City of Alexandria, and a time sends out a homestead rebate As the one who helped begin this cau- representative in the Virginia House of check of around $300, $400 or $500. I cus, I have discovered that for many Burgesses. guess that is supposed to be good for Americans, including unfortunately It was when England enacted the the economy and that sort of thing, but some of my fellow colleagues, I guess, Stamp Act that he wrote a letter to at the end of the day of course that has the Constitution is nothing more than London merchants, who he had often just de minimis effect on the overall a historical document, not germane to many dealings with, explaining the economy, and if you look at the State the current hour. Too many citizens do colonists’ position and asking for their of New Jersey economy right now, you not know what the Constitution says support leading to the revolution. will know it is not doing well at all. about the governance of this Nation, One of his greatest accomplishments That, coupled with the fact that the let alone how to help discern its mean- was his contribution to the Virginia State legislature has raised taxes on ing and therefore apply it to what we Declaration of Rights. When he became the people, but corporate taxes, income do in this conference. a delegate to the Constitutional Con- taxes, sales taxes and the like, we have Therefore, one of the goals of this vention, he was one of the five frequent seen 72,000 flee our State. caucus is to help educate both the speakers there. Members of this Congress and also the Despite all that, he ultimately re- b 1815 public as well about the original intent fused to sign the final version of the So we know that we do not want a of the Founding Fathers and how some Constitution, for two reasons: One, and flash-in-the-pan approach, but instead portions of that document got here, most importantly to our discussion to- something that will improve the econ- and tonight we will be talking about night, he wanted to have a Bill of omy in a better way. That would most the Bill of Rights. Rights in that original document to likely be something that would allow a Last month, on that point, we cele- protect individuals against a grasping, permanent return of people’s money to brated the 216th anniversary of the overgrowing central government, one their pocketbooks, such as lowering ratification of that Bill of Rights. It which we see today. Secondly, he dis- the tax rates, allowing the creation of was on December 15, 1791, our Founding agreed with the convention’s tacit ap- more jobs and the like. But I digress, Fathers decided to attach the first 10 proval of the institution of slavery. because I was just referring to the clos- amendments to the Constitution. After So, because of his stands, he refused ing comments to the gentleman on the months of deliberation, they succeeded, to sign the document and he also lost a other side the aisle. I believe, in securing liberties and free- longtime friendship with George Wash- Now I would like to turn the atten- doms that were unimaginable, truly ington and others. But it was one year tion to what we are here for the next unimaginable, to previous civiliza- before his death Mason was vindicated. hour to speak about, and that is during tions. That was when the Bill of Rights was

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With that, I It divides power among sovereigns and faith in the workings of government would like to yield to the gentleman among branches of government pre- bodies. He fought passionately for the from Utah. Again, I appreciate your cisely so we may resist the temptation freedoms of the individual, whether it being with us. to concentrate power in one location as was a citizen or slave at the time, and Mr. BISHOP of Utah. Mr. Speaker, I an expedient solution to the crisis of he was largely responsible for ensuring am pleased to be here and I am grateful the day. that the protection of the rights of the to the gentleman from New Jersey for Power with no check historically re- individual would be such an essential allowing me to have some time here. sulted in tyranny, and no government part of the American system. That is You know, when we come into this was out of the potential of doing that; our responsibility as Members of Con- Chamber and we look around, there are however, balance of power and limita- gress, to ensure that those rights are cameos of the great lawgivers of the tions of governments would result in continuously protected in the legisla- world all around us. There is Moses to the support of individual civil liberties. tion that we deal with on this floor. Hammurabi, even Napoleon over there In Federalist 51, Madison said, ‘‘Ex- To show you how much we are in- in the corner. It is interesting, there perience has taught mankind the ne- debted to Mason, let me quote a por- are only two Americans in this pan- cessity of auxiliary precautions.’’ That tion of the Virginia Declaration of theon of great lawgivers, Thomas Jef- was the structure he was talking Rights, which I just said he authored. ferson and George Mason, ironically about, separation of powers, fed- ‘‘All men are born equally free and neither of whom signed the Constitu- eralism. independent and have certain inherent tion. In Federalist 45, Madison again Of those two, Mason is, as the gen- natural rights, among which are the wrote, ‘‘The powers delegated by the tleman from New Jersey said, clearly enjoyment of life and liberty, with the proposed Constitution are few and de- the most interesting. He is one of three means of acquiring and possessing fined. Those which are to remain in the people who was at the entire Constitu- property and pursuing and obtaining State governments are numerous and tional Convention, and then at the end happiness and safety.’’ indefinite.’’ That was the plan. Those were his words. They sound refused to give his assent to the actual In Federalist 32, Hamilton continued very familiar to us all. Mason was also document because it did not contain a to say that ‘‘under the plan of the con- among the first to call for such basic Bill of Rights. vention, States retained the authority American liberties as freedom of press, I would like to talk for just a second in the most absolute and unqualified religious tolerance and the right to about the other members of that con- sense, and that attempt on the part of trial by jury. As he understood it, the vention who did not agree to add this the national government to abridge Bill of Rights would protect citizens, as Bill of Rights, because one must ask any State power would be a violent as- I say, from encroaching Federal Gov- why were great patriots like Wash- sumption of power unwarranted by any ernment, and so his original language ington, Franklin, Madison, Hamilton, then eventually made its way into our Dickinson, Wilson, why did they refuse article or clause of the Constitution.’’ current U.S. Constitution and the Bill to join with a Bill of Rights? Were they Unfortunately, today our national of Rights. opposed to civil liberties? It is pretty government has grown out of the As my colleague will detail, I pre- obvious they were not. bounds originally established. Often by sume, or talk about, and I will a little But what they said is a fear that the good intent, often by misguided com- bit later on, the Bill of Rights has been Bill of Rights, that actually if you passion for people, which eventually in certain cases misinterpreted in cer- start listing what those rights are, it actually ends up hurting far more than tain court cases in the past over the may be a ceiling of what rights are al- it ever intended to help. As P.J. last centuries. In certain instances lowed as opposed to a floor of what O’Rourke once wrote, the history of these errors have allowed the govern- rights are going to be guaranteed. Ac- government is not how Washington ment to seize some of the very free- tually, the Bill of Rights is misnamed. works, but how to make it stop. doms that the Bill of Rights was in- It should be called the ‘‘Bill of We understood in the Bill of Rights, tended to protect. Wrongs.’’ It is a list of things that it is when they were listed, a couple of I will go into those in a little bit wrong for the Federal Government to unique concepts. The Bill of Rights al- dealing with the first amendment and do, no matter how many people actu- ways talked about how Congress may the establishment of religion, an issue ally want to do it. make no law to inhibit the rights of an that is very poignant today, and also in In their concern though, they were individual. Other countries had bills of the first amendment, issues of the still concerned about civil liberties. rights. The USSR Constitution did also court’s interpretation of abuse of free- They had an additional plan to do that, have a bill of rights which contained dom of speech and the press and how which was a structural guarantee of guarantees of free speech. But, as they they have changed in the interpreta- the rights of citizens. We call it today said, in order to produce a socialist tions of recent Supreme Court deci- federalism. It was a means to defend state, citizens of the USSR are guaran- sions as to which is more important the individual liberties of Americans. teed freedom of speech, et cetera. They realized that increasing the and paramount, commercial and inde- b 1830 pendent speech. number of competitors to power was as The second amendment, I believe we effective as listing the things that Now, there is a difference. In the may have some speakers later on again would be prohibited for the government USSR constitution, the freedom of on very poignant cases that will be to do. As Madison said, ambition would speech was granted by the government coming dealing here with issues right counteract ambition. and therefore could be taken back by here in the District of Columbia. They had two ways of looking at it. the government, as opposed to the way The fifth amendment, taking clauses The horizontal separation of powers be- we are looking at it as rights inherent again, legislation that this House has tween the executive, legislative and ju- in individuals. dealt with and we will be talking about dicial branches, which, unfortunately, Now, when the Bill of Rights was ac- very briefly later on as well. is what we only spend our time teach- tually established, there were 10 Bills Right to speedy trial and how what ing in schools today. But equally im- of Rights. I want you to know that we do here with regard to the criminal- portant to them was a vertical separa- when they did that, they did not forget ization of laws can have an impact on tion of powers between a national gov- this concept of a structural balance of that as well. ernment and a State government. power, both horizontally and In closing my remarks right now, the The fear, obviously, was that the vertically, as the foundation for ensur- tenth amendment, I believe Ms. FOXX Federal Government would not check ing the civil liberties. And that is why

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00244 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.124 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H271 they did the 10th amendment. The 10th study the history of the Constitution posely ignoring it, then you run down amendment clearly says that the pow- and try to figure out what they were the path, as my colleague from Utah ers not delegated to the United States thinking, but we clearly know what said a few moments ago, and that is we by the Constitution nor prohibited by they thought in the sense that they simply with our own wit, our own wis- its States are reserved to the States re- wrote it down. In the language of the dom, and our own wishes decide what it spectively or to the people. day, this Constitution, the Bill of says as opposed to actually looking at Jefferson called this 10th amendment Rights, and Declaration of Independ- the document and interpreting it. the bedrock of constitutional govern- ence were written in plain English, and Another benefit it would give us if we ment. These are the words that are sig- each of us as intelligent human beings would do that is, from time to time, nificant and important, and we must should be able to read that document the Constitution is interpreted by our remind ourselves. and understand what it has to say. And Supreme Court. One recent ruling that Congress passes laws almost on a I think our Founding Fathers intended has many of us scratching our head is weekly basis. Sometimes we make in- for us to do that. They wrote it down the definition of the word public good, correct assumptions about the meaning not for some archaic court to continue public purpose, in which the Supreme the Founding Fathers had on the to interpret on our behalf, but for us to Court has announced that those words words, or we simply ignore those words live our lives and run this government can be defined to say that any govern- as looking as if they were irrelevant to and create the kind of Federal Govern- ment can take property, personal, pri- our time. Justice Scalia once again ment that is limited, that doesn’t have vate property away from one taxpayer wrote about the Constitution, ‘‘What it the reach into our personal lives that and give it to another taxpayer if the meant when it was adopted, it means governments always want to do, that subsequent receiving taxpayer can cre- today. And its meaning doesn’t change even this government under leadership ate more value for the taxing entity. just because we think that meaning is from both sides of the aisle continues That does not seem to square with a no longer adequate to our times.’’ to reach into our own private lives in simple straightforward reading of the That also applies to the words in the ways that our Founding Fathers I don’t Constitution. And it would encourage Bill of Rights: What it meant at its think intended. all of us, as we look at the work that time of adoption, it still means today, Hamilton was probably the one the Supreme Court does, to understand and it doesn’t change in the period of founding father who had the most ex- those clear documents. time and simply because our assump- pansive view of Federal Government of So this bill, it would be great, my tions may wish to change. any of the Founding Fathers. And I colleagues and Mr. Speaker, if we could I was once in a conversation with an- think, if he came back to life today and get additional cosponsors. In Sep- other history teacher. She asked, how got a good look at what we are doing, tember of each year, we celebrate Con- do we know what they originally he would simply say, ‘‘Oh, my, how stitution Week, and I think it would be thought when they were writing these could you possibly do this reach of gov- terrific if this coming September that words? And it was very simple: We ernment based on the documents that one of the things that we brag on about study history. we left you guys?’’ the Constitution is that we will en- It may be that I am an old history My bill, H.R. 3550, is pretty simple, deavor to once a year read that docu- teacher and I am kind of biased about pretty straightforward. It is the idea ment and to understand it and to try to this; but when we fail to study the his- that every Senator, every Member of use it as we move forward in our busi- tory of this country and, more impor- the House, every senior staffer would ness of fulfilling our constitutional re- tantly, when we fail to study the his- once a year be required to simply read sponsibilities as the legislators under tory of our government, the history of the Constitution. It is not a long read, the legislative branch. this document, we fail to understand it is about 2,500 words, and most of us I appreciate both my colleagues al- what they meant by those words, and have third grade educations or better lowing me to come down here and then we replace our own definition. We and should be able to comprehend the briefly pitch my bill. It is a bit self- use our own wit to try and come up simple, straightforward language of the serving. It seems awfully simplistic. I with what it should be and oftentimes Constitution. have gotten some rather interesting re- we fail in understanding what made I am told anecdotally that even in sponses from folks I have talked to this country great or what we need to our law schools where they teach a about it, ones that you would not ex- do to truly honor the Constitution and one-semester or two-semester course pect. And it is a bit disappointing to the Bill of Rights that are there. on the Constitution and constitutional have people laugh at the idea that we One of the things we need to do most law, that a requirement to read it from would actually read that document definitely in this country is take the cover to cover, from start to finish, is once a year and make a note in the time and effort to ensure that we read generally not included in the cur- front of our pocket copy that we have the documents, that we understand the riculum. Now, they will read parts of it read it, that somehow that is beneath documents, and we put them in their and they will read pieces of it and us, it is beneath the dignity of this historical connotation. That is the way study pieces of it, but just simply sit- body that we should in fact read that we preserve and secure them. ting down and reading it from start to Constitution and the Bill of Rights I would like to yield to the gen- finish is not something that they do. once a year. tleman from Texas who has a unique At a minimum, there should be 435 So, hopefully we will be able to work approach here, one of the things we Members of this body and 100 Members on the other 432 Members of this body may do to try to remind us, even those across the building who once a year to get them to agree that this is some- of us who were elected to this body, take a look at the Constitution and the thing that we would do once a year in that maybe it is time to review and Bill of Rights, just to make sure that an attempt to do our jobs better. know the history of this document and as we go about our business day in and Again, I appreciate being able to these documents so we understand day out that we are not straying from spend the time with my colleagues what the words mean and how the the original precepts that are clearly from Utah and New Jersey. words should be applied in our time. there. This body and the one across the Mr. GARRETT of New Jersey. I Mr. CONAWAY. I thank my col- other side of the building write laws thank the gentleman from Texas. Can leagues from Utah and New Jersey for every day to implement this govern- the gentleman just remind me of the once again highlighting these impor- ment, to run this government under bill number again? tant documents and important truths that Constitution. From time to time, Mr. CONAWAY. It is H.R. 3550. I be- that this country was founded upon, many of us propose amendments to the lieve you are already a cosponsor. and how important they really are. Constitution; those work their way Mr. GARRETT of New Jersey. I am And you are both doing a great job of through the process. It would seem to already a cosponsor, but I don’t always walking through some of the details. me pretty straightforward logic that, if remember bill numbers. But at a bit higher plane is the idea we are working in that manner, we Mr. CONAWAY. There are thousands that each of us should know what the ought to know what is in the Constitu- of bills introduced. But this was in the Constitution says. It is one thing to tion. And, without reading it, with pur- 110th Congress, and it is styled The

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00245 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.126 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H272 CONGRESSIONAL RECORD — HOUSE January 16, 2008 AMERICA Act, A Modest Effort to might take to read through the docu- So I think that was part of the dis- Read and Instill the Constitution ment. So, if nothing else, we could say cussion that was going on: If we are Again. we are trying to learn how to do our simply giving certain rights over here Mr. GARRETT of New Jersey. And if jobs better, much in the vein that the to a central government, we really the gentleman would inform us, do we other professionals, doctors, lawyers, don’t need to establish it. have bipartisan support as far as co- and CPAs year in and year out have to The anti-Federalists realized, how- sponsors of the bill as of yet? do to hone their skills. ever, that there was a need for it; that Mr. CONAWAY. Not yet. Mr. GARRETT of New Jersey. I like without establishing the paramount Mr. GARRETT of New Jersey. I that idea. CE credits, continuing edu- power of the individual and also the would encourage the gentleman, be- cation credits for Members of Congress. state, that this centralized government cause I know I have been on the floor There are two avenues to get people could consume the States. And that is and while we have established this Con- to do something, whatever their profes- exactly what Mason was talking about gressional Constitutional Caucus, sions are. One is the CE way, and the when he set forth his objections to it. which is open to all Members of both other is just personal pressure. If you It was, as I said before, I believe in Sep- sides of the aisle, I believe I have heard are in a profession, you have to be good tember of 1787, it was during the final sitting on this floor that there is an- at your profession to continue to be days of the Constitutional Convention other caucus on the other side of the hired. I guess, in Congress, you have to that George Mason wrote the reasons aisle which I guess is open but I be good in your profession to continue for his refusal to sign the Constitution. haven’t heard yet, the First Amend- to be reelected. But the other way, I He did it, interestingly enough, on the ment Caucus. So at least there is at would suggest to constituents who may back of a committee of style report. least one caucus over there who is con- hear these remarks tonight, to ask Since we have committee reports up cerned about the first amendment, if I their Member of Congress at the next here, he simply wrote them all down. am not mistaken, and hopefully maybe town hall meeting, at the next town Copies of those, manuscript copies of some of those Members would be will- hall meeting when the questions come that document were then circulated, ing to, if they are eager to speak on the up just to ask the Members of Con- and Mason sent copies to various indi- first amendment, they will want to be gress, ‘‘By the way, when was the last viduals, including George Washington, knowledgeable about the entire Con- time, if ever, that you have read the a long-time friend of his. Washington, stitution as well. We might want to U.S. Constitution?’’ I know there are a though, was on the other side of this reach out to them. few folks out there like ROSCOE BART- issue. So, on November 22, the objec- I share with the gentleman from LETT that carry the Constitution with tions were printed in the Virginia Texas his eagerness to see this legisla- them. But that would be a good ques- Journal. Interestingly, again, it was tion. It is one of those commonsense tion for the members of the public to done at the behest of Washington’s sec- sort of things that if you are engaged ask their Members of Congress. Give retary, and the reason they were print- in crafting laws, then you should know them a quiz, ask if they know what any ing them out publicly like this was so what your authority for crafting those of the 10 amendments are to the Bill of that Washington could publicly refute laws are. And, of course, that authority Rights and so on. them. Those original documents are comes to us not from previous laws Going back now to comments by the still with us today. They are in the that we have passed, but from the Con- gentleman from Utah of the foundation Chapin Library in Williams College. stitution of the United States, which or the formulation of the Bill of b 1845 Rights, and I note the gentleman was obviously ratified and supported The preamble of his objections read: by all the States and the people there- touched upon this. Part of the reason initially why there was a, I don’t know ‘‘There is no declaration of rights, and of. the laws of the general government The gentleman from Texas also if you want to say a pushback, but not being paramount to the laws and con- makes me think back on my history. I so much of a strong desire, except for stitution of the several States, the dec- am an attorney, and you got me think- folks such as Mason and also what were larations of rights in the separate called the anti-Federalists, a lot of ing there for a moment what my his- States are no security, nor are the peo- people who talk about the Federalist tory as far as the courses that I have ple secure even in the enjoyment of the Society and the Federalists who gave taken over the years. I went to a State benefits of the common law.’’ school for undergraduate studies, us this and Hamiltonians. But the anti- So Mason is simply saying here that Montclair State College and now it is Federalists were on the other side. I may live in a State, and my State Montclair State University, I believe I Part of the reason why there was a may provide certain rights, but if the took a constitutional law class there pushback and saying we don’t need this Federal Government’s rights or powers and I believe it was a requirement for was because the original push for cre- are paramount to my own State’s that class to read the Constitution. ation of the current Constitution came rights, the Federal Government can But then I went to law school; and as I after the Articles of Confederation. step in and take away any rights that am sitting here listening to your re- And originally, when they set up their, my State constitution guarantees me, marks, I don’t believe that I was re- convention is not the right word but in and I would lose those rights and privi- quired in any of my courses, whether it essence that is what it was, to estab- leges that are God given. is contracts or torts and the whole lit- lish a new document, what they were Now, a lot of this discussion by peo- any of courses that you are required in intending to do was simply to create a ple listening is: How does this affect the first, second, and third year of law new document or make amendments to me? This is a lot of philosophical talk- school, I don’t believe that I was re- the old Articles of Confederation to ing. Well, it isn’t really. Day after day, quired as a law student to ever sit grant certain powers to a centralized as the gentleman from Utah mentioned down and read the entire Constitution. government. So if their intent was to before, we pass bill after bill, and some Most of what you do in law school, ac- create or to establish powers for this are signed into law. Some are perfunc- tually, is the case method, in which new centralized government, there was tory, naming of a school or post office, case all you are doing is reading cases. not the mindset to say, well, we also at but others are profoundly important And cases simply give you information the same time need to set out for what upon our daily lives. Do I have to re- of judges’ interpretation of other cases. the powers or rights of the individuals mind the public about the PATRIOT Mr. CONAWAY. It just occurred to are; because that is taken as a given, Act and the discussion that entailed me. I am a CPA in a different life, and that it is the people who have the there? Later on I believe we will be dis- in order to keep my license current I rights and the powers, and we are just cussing the FISA Court’s issues and the have to have 40 hours a year of con- simply granting some of those rights or powers; again, the issues of the powers tinuing education, and I know you as a powers to the Federal Government to of the various branches of the govern- lawyer also have to have continuing be able to better administer the com- ment and how they impact upon our in- education. Maybe this could be looked merce and trade and so on and so forth dividual liberties. at as continuing education for Mem- that the Articles was incompetent of These are all fundamental questions bers of Congress to spend the 2 hours it doing. that come back to not powers created

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00246 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.127 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H273 in the House or Senate or the execu- are there. So it is a great opportunity amendment in our exercise of power tive, but rights or powers that we see to go. here at the Federal level. We have in the documents, the Constitution of But it reminds us again, I think, of taken onto ourselves at the Federal the United States. the really radical notion that this level many, many more powers than I It is germane that we bring these country was in the 1700s and still is in think the Founders anticipated that we things up this year, 2008, a Presidential many ways. Our Constitution is really would take on. We have no business, election year. Most of the candidates a short and very, very elegant docu- for example, being involved in edu- are speaking about change. Either side ment. I know tonight that we have cation. There is nowhere in the Con- of the party is talking about change. been talking somewhat about the Bill stitution the mention of education, and But the fundamental question that the of Rights and what that meant to the that is not a responsibility of the Fed- voter has to ask: Is the change that Constitution and was the Bill of Rights eral Government. they are espousing and bringing about needed. I know that even when the We have taken on the issue of health founded on any constitutional prin- Constitution was being debated in the care and so many more things that I ciples or are they simply giving us 1700s that there was a great deal of de- think we should not be involved in. If change for change’s sake and change bate about it. But I think that one of we would contain our activities and re- that does not have any constitutional the tasks that we should always focus sponsibilities to those things that the powers or rights given to the Federal on, and we do most of the time, is focus Founders said we should be dealing Government? on particularly the ninth and 10th with, I think we might be able to find I see we have been joined by the gen- amendments, those two amendments in governing a lot more manageable here tlewoman from North Carolina (Ms. the Bill of Rights. at the Federal level. I think we have FOXX), and if she would like to speak I also know that coming from the lost much of the sense of account- now, I appreciate her participation. State of North Carolina, that it is ability for Federal spending because we Ms. FOXX. Thank you, Congressman probably unlikely that the State of are not able to put the time into it GARRETT. I appreciate the leadership North Carolina would have ever rati- that we need in terms of oversight be- that you give to the Constitution Cau- fied the Constitution had it not been cause we are so involved in things that cus, along with our colleague, Mr. for the Bill of Rights, and I think there we have no business being involved in. BISHOP. I thank you for letting me par- were other delegates to the Constitu- We must be very grateful for the ticipate. tional Convention who felt the same ninth and 10th amendments, I think, I think about the Constitution every way. because they are bulwarks against un- day and I think about it many, many But those of us again who have such checked expansion, many people would times during the day. I think that what a particular fondness for our Constitu- say, and are really the ideological we are doing through the Constitution tion and for highlighting it and contin- foundation of the other eight amend- Caucus is an extremely important ually bringing it to the attention of ments. But again, we lose site of that thing, that we come here and talk the American people, that most of the because we go out there and get in- about it and bring attention to it to time we want to highlight the ninth volved in all kinds of good ideas and the American people, because I think and 10th amendments. good intentions, but they are simply that because we live in basically a Again, taking my grandchildren to violating what the Constitution says peaceful time, I know we are at war Philadelphia and talking with people we should be about. And of course we with Islamic terrorists and we have to there and talking with them about it, take that oath to uphold the Constitu- be dealing with that every day, but ba- you try to get people to understand the tion, but we tweak things in an effort sically we go about our work on a day- radical notion that we, the first three to make better things happen. to-day basis, we go to school, go to words of the Constitution, ‘‘We the But again, I want us to constantly be work, doing the day-to-day things that People,’’ how radical that idea was reminding the American public of what we do in this country without thinking then, how radical in many ways it is they should be demanding from us. too much about what is happening now when you look at what is hap- They should be demanding of the Fed- worldwide. But we need to be aware of pening all over the world in terms of eral Government that we not get in- the fact that it is because we have such violence and upheaval in other govern- volved in those things that are left to a wonderful document as the Constitu- ments, and to realize how little of that the States and left to the people be- tion that we are able to do that. We are we have had in this country because we cause that takes us away from looking a Nation of laws, and our laws are root- are so grounded in the words, ‘‘We the after particularly the defense of this ed in the Constitution itself. People.’’ Nation which again allows us to do I want to say again that I don’t real- I want to say a little about the ninth those things on a day-to-day basis that ly need much of a reminder of that, but and 10th amendments and then make we do without very much thinking during the Christmas recess that we some comments about my concern par- about it. had I had the opportunity to take my ticularly about the 10th amendment I hope that as we bring this to the at- 11-year-old grandson and 81⁄2-year-old and what has happened over the last tention of the public, that they will be granddaughter and daughter to Phila- 200 or so years in this country. more demanding of us in terms of these delphia for 3 days. My grandson is The ninth amendment, of course, is issues. There are very hearty souls out studying United States history, and I the enumeration in the Constitution of there in the country who do that on a thought what a great opportunity for certain rights shall not be construed to regular basis. I know that they do it to him to be able to go to Philadelphia deny or disparage others retained by me on a regular basis, and I am sure and see where the Declaration of Inde- the people. Again, the emphasis always they do it to some of my colleagues. pendence was written and signed, is on the rights that belong to the peo- But I think what we need is those fre- where the Constitution was signed, and ple, those inalienable rights that are quent revolutions that Jefferson talked reflect a little bit on those documents spelled out. And then of course the 10th about, that that would be good for our and on this country and particularly amendment, the powers not delegated country. the beginning of the country. to the United States by the Constitu- I think we saw that happen last year I want to commend the trip to any- tion nor prohibited by it to the States a little bit when the Senate was debat- body in the United States to Philadel- are reserved to the States respectively ing what they called a comprehensive phia. There is a new Constitution Cen- or to the people. Always the emphasis immigration bill. The people of this ter there that I had not seen before. comes back to the people and to the country clearly did not want that. They have marvelous displays, mar- powers that are given to the States. They spoke and they spoke with a loud velous examples of the Constitution One of the things that troubles me voice. What I hope we will see at times and what it means to us on a day-to- the most and that I highlight whenever when the Congress is dealing with day basis in this country. The amend- I talk to school groups or even other issues that are not covered in the Con- ments to the Constitution are spelled people about the Constitution and stitution, that people will more often out, and the rulings of the Supreme about our work here is that we have rise up and say, We don’t want you to Court relative to many different issues gotten too far away from the 10th do those things. Pay attention to what

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00247 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.128 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H274 CONGRESSIONAL RECORD — HOUSE January 16, 2008 we are saying. Those are our respon- Mr. BROUN of Georgia. I thank the The third question is do we really sibilities or they are the responsibil- gentleman for yielding. need it. And the fourth is can we afford ities of the States. Mr. Speaker, I must begin by saying it. I believe so firmly in those that I So I want to thank you again for hav- that I believe in the Constitution as printed those up and it’s on the desk of ing this Special Order tonight and giv- James Madison and company meant it. every single staffer in my office. Up- ing us the opportunity to bring to the In fact, I carry a copy in my pocket at holding and defending law-abiding citi- attention of the public the issues that all times. It’s getting a little shopworn zens’ rights to bear arms passes all four we are concerned about relative to the and dog-eared. I describe myself as a of those tests. Constitution and say that I will turn it Madisonian Republican. And it’s inter- The second amendment of the Con- back to my colleague from Utah who is esting, most people in our country stitution declares that ‘‘A well regu- the cochair for this Special Order. today don’t realize that James Madi- lated militia being necessary to the se- Mr. BISHOP of Utah. I appreciate the son, Thomas Jefferson, Alexander curity of a free state, the right of the gentlewoman from North Carolina ex- Hamilton, John Quincy Adams all con- people to keep and bear arms shall not pressing her comments about the Bill sidered themselves to be Republicans be infringed.’’ of Rights and the significance of the because they believed in very limited Our Founding Fathers believed very ninth and 10th amendments. government, and that’s what I believe firmly that an armed populace was the I would now like to concentrate on a in also. only way to prevent tyranny by their couple of other bills that are in the Bill But I rise today to join in with my own government and I, likewise, adhere of Rights. Perhaps the second amend- colleagues on this discussion of the im- to that same philosophy. ment. As we talked earlier, it is very portance of the Bill of Rights and the I am an avid hunter and outdoors- important for us to understand and Constitution, specifically about the man, and I strongly support the Con- know the meaning of the words. second amendment. stitution’s second amendment right to The preamble of the Constitution I began to be politically active by bear arms, and will defend the right of talks about a more perfect union, coming to Washington as vice presi- law-abiding citizens to purchase, use which is a terribly ungrammatical say- dent for Safari Club International. And and keep firearms, as well as to bear ing. You can be perfect, but you can’t in my capacity of being a vice presi- those arms and to transport those be more perfect. What we don’t realize dent, I would work on hunters’ rights arms. I vigorously oppose all attempts is that this is a term of art historically and gun owners’ rights. And I must say to restrict the second amendment. I be- used. ‘‘More perfect union’’ was the that, as you look at this, as my col- lieve that any law, local, State, or Fed- concept of the union of England, Scot- league just mentioned, the militia in eral, that infringes upon a law-abiding land and Wales, where all of a sudden the days of the Constitution writing citizen’s God-given right to bear an their defense was based on a navy, not meant every single male 18 years of age arm, a God-given right that’s supposed necessarily on armies. and older. to be protected by the Constitution of In his address to the second session It is interesting in our Constitution the United States, any law, Federal, of the First Congress of the United we prohibit an army from lasting any State or local that infringes upon those States, the President, George Wash- longer than 2 years, for specific rea- rights are unconstitutional, and I’ll ington stated, ‘‘Firearms stand next in sons. fight to try to restore those rights that importance to the Constitution itself. have been already put in place on all b 1900 They are the American people’s liberty levels. Armies, at that time, were merce- teeth and keystone under independ- nary units. When one thought of the ence.’’ Since 1975, the residents of Wash- army, they thought of mercenaries. He went on, ‘‘From the hour the Pil- ington, DC have had their second When the British were fighting us in grims landed, to this present day, amendment right to bear arms stolen the Revolutionary War, they didn’t events, occurrences, and tendencies from them by the District’s govern- send British over here. They sent Ger- prove that to ensure peace, security ment. Last year, in Heller v. DC, the man Hessians over here for us. and happiness, the rifle and pistol are DC Court of Appeals ruled that the gun The concept was for an army, when it equally indispensable. The very atmos- ban in the District of Columbia vio- was not attacking foreign countries, a phere of firearms anywhere restrains lated an individual’s right to keep and tyrant could use the army to attack evil interference. They deserve a place bear arms that is protected by the Con- his own people and there would be no of honor with all that’s good.’’ stitution and the second amendment; remorse since they were not nec- When I ran for Congress, I made a thus, nullifying the gun ban that the essarily of the same nationality. The commitment to the constituents in my District of Columbia put upon its citi- idea of a popular army does not come district, the 10th Congressional Dis- zens. until the French Revolution, and that’s trict in Georgia, that if elected, I Upon appeal by the District of Co- still a couple of decades away. would fight to protect their constitu- lumbia, the Supreme Court has decided So when we talk about the militia, at tional rights and their pocketbooks for to consider this very important second that particular period of time the mili- every American. I promised to apply a amendment constitutional case. The tia meant the people. Army was a mer- four-way test to every piece of legisla- U.S. Supreme Court will consider the cenary; militia was individuals who tion that comes before the House for a constitutionality of DC’s ban on hand- were, by definition, to be a balance in vote and everything that we do in our gun ownership and self-defense by law- the power against the government. office. Before every vote, every vote abiding residents in their own homes. When Madison wrote that all mem- that we take, I ask whether the legisla- The Court will first address the ques- bers, all Americans should be in the tion is moral and right, and does it fit tion of whether the second amendment militia, and all Americans should be within the constraints of what God to the Constitution, as embodied in the able to have a gun and know how to use gives us in His inherent word. Bill of Rights, protects an individual’s a gun, he was making reference to that The second question, is it constitu- right to own a firearm and to protect historical concept. tional. And I’m not talking about this themselves, or whether it is a right of When one looks at the second amend- perverted idea of the Constitution that the government. ment today, they have to realize that this Congress and the administration We already see that the government the word militia was a reference to the and particularly the judiciary are oper- cannot protect citizens. In fact, the people. ating on today, but is it constitutional courts even ruled that the police do not With that, I would like to yield some according to James Madison and the have an obligation to protect a citizen time now to the gentleman from Geor- people who wrote it. They wrote volu- anywhere. We only have that right our- gia (Mr. BROUN) who has a few com- minously about what they meant in selves. If the Court agrees that it is an ments specifically about the second the Constitution of the United States, individual right, then they will deter- amendment which I think is very apro- and we in all three branches of govern- mine if the District’s self-defense and pos as we’re talking about the Bill of ment need to apply their writings to handgun bans are constitutional or Rights today. how we operate government. not.

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00248 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.129 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H275 The Supreme Court has a historic op- speech. All of those things needed to be gion. It is more important than ever portunity to return to the original in- spelled out because of the abuses of that we hear the voices of Turkish tent and the meaning of the second power of the Federal Government. leaders and understand their visions amendment. The second amendment Now, we have not seen that very for Turkey’s future. protects us. It’s a fundamental and an much in our 200-plus-year history since SPEECH DELIVERED BY H.E. ABDULLAH GU˝ L, individual right of law-abiding citizens the Constitution was adopted. But it’s PRESIDENT OF THE REPUBLIC OF TURKEY, ON to own firearms for any lawful purpose. very important that we put it into the JANUARY 9, 2008 Further, any law infringing upon this historical context that it was in at the Distinguished guests, ladies and gentle- freedom, including the ban on self-de- time, and understand, again, that men, it is a pleasure for me to address such fense and on handgun ownership, is un- under the rule of the British Govern- a distinguished audience. constitutional. ment, they didn’t have those rights and At the outset, I would like to thank Amer- ican-Turkish Council for providing me with Further, every study that’s been done those rights could be very easily such an opportunity. has shown that gun control provides abused. Thank you for giving me the I would also like to thank the Council and absolutely no benefit in curbing crime. opportunity to add that to the com- its members for their invaluable contribu- Rather, these types of restrictions only ments that I had made earlier. tions for advancing the economic and com- leave law-abiding citizens more suscep- Mr. GARRETT of New Jersey. Is mercial ties between Turkey and the United tible to criminal attack. Other than there any time remaining? States. I expect ATC to continue its efforts law enforcement, only criminals have The SPEAKER pro tempore (Mr. in this regard. Turkey and the United States have been WELCH of Vermont). 30 seconds. guns in the District of Columbia. enjoying a robust partnership of a strategic In fact, it was interesting, the com- Mr. GARRETT of New Jersey. In the nature. This solidarity is important not only munity of Morton Grove, Illinois concluding 30 seconds, I again thank for our two nations. It is also important for passed a ban on handguns. And then in the gentleman from Utah and the preserving peace, security and stability in a response to that, a city in Georgia, gentlelady for her comments as well. wide geography. Kennesaw, Georgia, passed an ordi- And as we continue this elaboration, Yesterday, in the White House, President nance stating that every household education on the Bill of Rights and the Bush and I have confirmed our commitment should own a firearm. It was a very in- overall Constitution, I hearken back to to consolidate this valuable relationship. Ladies and gentlemen, since the end of the teresting social experiment. the gentleman’s comments from Texas Cold War, Turkish-American relations have And what happened? The crime rate and the gentleman from Georgia, that been undergoing a transformation in line in Morton Grove, Illinois skyrocketed. we should all ask the seminal and basic with changing global dynamics. Within this The crime rate in Kennesaw, Georgia question for whatever we do here in context, it is crucial that our trade and eco- plummeted. These bans do not protect this Congress and of course in the Pres- nomic relations should be elevated to the anybody but a criminal. idential election that is coming up as level of our political and military ties. The U.S. Court of Appeals for the well when they make all the promises Although our trade volume increased from District of Columbia Circuit correctly to us across the country. Is what $6.3 billion to $11 billion in 2006, these figures ruled that DC statutes are unconstitu- are still far from reflecting the potential of they’re proposing to do, is it in the our two countries. Already numerous busi- tional. I strongly believe that the rul- Constitution? ness relations exist between our two nations. ing should and will be upheld by the f But there is a vast and still growing oppor- U.S. Supreme Court. tunity for so many more. Mr. GARRETT of New Jersey. I STRATEGIC IMPORTANCE OF THE As members of the business and invest- thank the gentleman. I understand we NATION OF TURKEY ment community, your contributions to this have 3 minutes. I thank him for his (Ms. FOXX asked and was given per- goal will be invaluable. elaboration on the importance of one of mission to address the House for 1 Today, I will briefly dwell on Turkey’s Eu- minute and to revise and extend her re- ropean Union bid, recent economic trans- the critical elements of the Bill of formation, the near-term outlook for the Rights, the second amendment. I am marks.) Turkish economy and Turkey’s main focus just referring now to the gentlelady Ms. FOXX. Mr. Speaker, as the global areas for the coming years. from North Carolina (Ms. FOXX), know- war on terror continues, it is more im- I would like to start with Turkey’s rela- ing that we only have 3 minutes left. portant than ever that our Nation se- tions with the European Union. Turkey’s ac- Does she have further? I think she cures strategic partners in fighting the cession process is critically important for us. does. scourge of radical Islamic terrorism. We are fully committed to doing all that I yield her now such time as she may The nation of Turkey is just such an takes to become an EU member because we believe the steps required are in themselves consume. ally. It has proven to be a committed beneficial to Turkey. Ms. FOXX. I thank the gentleman ally in the fight for freedom and de- Turkey’s reform efforts are poised to re- from New Jersey. mocracy. Turkey has worked side by gain momentum. The Program for Align- The comments Mr. BISHOP made a side with the United States to make ment with the European Acquis’’ envisages little bit ago reminded me, when we strides in our struggle against the the completion of our harmonization process were talking about the second amend- forces of terror. by 2013. We appreciate the continued strong ment, that if you look again at the Bill Turkey is also a nation that is in the support of the U.S. Administrations for our of Rights, and you realize that every midst of a tremendous political and E.U. bid. one of those issues, almost, was in re- Thanks to economic and political reforms economic transformation. Its economy of the past few years, the Turkish economy action to what had happened during has seen almost unprecedented eco- has experienced its fastest sustained growth the war for independence, and just nomic growth in recent years, and is a in more than 80 years. prior to the war for independence, with shining example of the power of the Despite the recent slowdown, the medium the actions on the part of England to- market to spur investment, raise living outlook for growth remains strong. Turkey ward the United States. And I think standards and promote stability. is already the 6th largest economy in Europe that it is very important that we re- During Turkish President Abdullah and 17th in the world. Our GDP was about member, again, the context in which Gul’s visit to Washington this month, I half a trillion U.S. Dollars in 2007. The target is to make Turkey the world’s those amendments were written, be- had the privilege to meet with him and 11th largest economy by the year 2023. For- cause the abuses of a national or Fed- hear his speech to the American Turk- eign direct investments have averaged to a eral Government were very, very clear ish Council about the economic and mere one billion US dollars per year during in the minds of the people of this coun- democratic promise his nation holds. the 1980–2002 period. This figure has jumped try at the time that they worked on He told the story of Turkey’s remark- to 10 billion in 2005, 20 billion in 2006, and the Declaration of Independence, and able growth and reforms over the past around 20 billion US dollars last year. they outlined their grievances there. few years. Turkey’s successes are a The United States ranks fourth among the And then, as they looked at the amend- story of the power of freedom, democ- countries that invest in Turkey. In 2006, American companies invested approximately ments to the Constitution, they did not racy and economic growth. five billion Dollars in Turkey. An increase in want soldiers billeted in their homes. Turkey is an important ally that will this figure in the coming years will allow They did want the right to assembly. play a strategic role in the future American companies to make use of Tur- They did want the right to freedom of peace and prosperity of a volatile re- key’s potential.

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00249 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.130 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H276 CONGRESSIONAL RECORD — HOUSE January 16, 2008 The boom in FDI inflows is no accident. It brought to this House, the reason we told that this great global economy reflects the improvement in Turkey’s busi- were sent here was to change the way would bring a lasting prosperity to ness climate and its growth potential. In business has been done. It wasn’t about them, and they were receiving lay-off World Bank’s ‘‘Doing Business Survey’’, Tur- maintaining a status quo. It wasn’t notices or many of the other ills that key has jumped from 91st to 57th place. Tur- had come with it. key’s main focus areas over the coming about talking about issues that weren’t years will be: relevant to their lives. It was very ap- I think many of us understood, and (1) implementing the social security re- parent that at least in my district of not denying that there is a global econ- form and introducing a universal health in- southern Minnesota that they chose to omy, there is a need for an inter- surance scheme, send a schoolteacher without political connectedness, but it needs to be based (2) streamlining and liberalizing the en- experience to Congress to speak about on some solid principles that benefit ergy sector, while ensuring supply security, those issues that were most on their those vast majority of Americans. (3) accelerating privatization with key So I think as we get ready to talk companies on the agenda, minds, to talk about the issues of eco- nomic equality, to talk about the about some of those priorities we get (4) enhancing the labor market and miti- ready to talk about what this Congress gating the financial and non-financial costs issues of true national security, to talk can do and what this Nation should do on registered employment, about the issues that were going to im- (5) fighting effectively against the infor- pact their children for generations to to make sure that our economic pros- perity is not limited to a small slice of mality, come. (6) improving the intermediation role of And in doing so, they sent several the population, and in fact, it’s limited the financial sector. loud and clear messages to us. And I to the slice of the population that I believe, undertaking these reforms will quite honestly isn’t producing that pave the way for a more competitive and think first and foremost, as I’m joined with some of my other freshman Demo- well. more efficient business environment in Tur- Americans over the last 5 years have cratic colleagues, it was very apparent key. I would also like to remind you that the got a record that I think they can be economic and political reform process in to many of us that we were sent here to very proud of. Their productivity levels Turkey have gone hand in hand. I am con- talk about those issues in a manner are as high as any Nation in the world. fident that they will proceed hand in hand. that was about effectiveness. It was The thing that becomes a disconnect Ladies and gentlemen, a few years ago, we not about ideology. It was not about only had a road map. Today, we have results. on that is, as that productivity levels Turkey has made significant progress in espousing to have a firm belief or the went up, their real wages went down. achieving economic and financial stability firm understanding that we had all the At the same time, they watched CEO over the past few years. We are committed to answers. The belief was to work to- salaries and corporate profits reach an preserving the gains and building on the suc- gether, to work with the experts, to all-time high. And that disconnect is cess. Turkey is a land of opportunities and work with local elected officials and breeding that sense of anxiety amongst we are open for business. come up with some of the most press- I firmly believe that Turkey provides the public, and I think there’s some ing solutions. things that this Congress can do and ample opportunities to reach out to Eurasia And I think many of us understood and the Middle East. Both Turkish and will do to address those needs and to during our campaigns and the time American private sector entities should con- put policies forward. sider joint investment and business opportu- that we’ve been here in Congress, it’s I have a couple of interesting statis- nities that they can successfully embark not surprising to anyone, and my col- tics that I think Americans should upon in different regions. leagues tonight will talk about these know. First and foremost, on December Turkey’s close historic, cultural and social things, they didn’t need to see a poll to 21, President Bush, giving a speech on ties with the Balkans, South Caucasus and understand that Americans were be- the economy, was clear to stress how the Central Asia could provide comparative coming very nervous with the state of advantages to these joint ventures. strong this economy is. And in fact, his the economy. outgoing economic policy adviser said, Cooperation on energy will bring a new They were told over and over and strategic dimension to our bilateral rela- We just don’t see the reason the econ- tions. Such cooperation will also help in fur- over again by this administration that omy won’t continue to expand. Had I ther deepening of Turkish-American rela- they were living in the best economy been a reporter in that room or a Con- tions. America had ever seen, and they would gressman there, I might have asked, To the extent American companies invest quote facts and figures like the gross For who will it expand? And the issue in technology in Turkey, their contributions domestic product and things like that. or the answer to that is not for the for peace and stability in the region will And when I would talk to my constitu- working middle class. grow. ents in southern Minnesota, they Turkey has a flourishing economy. As We see 47 million Americans without Turkish economy grows, the opportunities it would come up with something that health care. I think a more telling sta- presents grow as well. I trust that business- was very insightful. They would say, I tistic is this. I came to this Congress as men such as yourselves will seize these op- don’t know. It’s very possible that the a high school teacher. I was lucky to portunities, thereby enabling our economic GDP is growing, but that’s not filling have years of experience and advanced and trade relations to develop further and my gas tank; and, I don’t know about degrees that put me a little further on for our bilateral ties to become even closer. you, but college is becoming more ex- the pay scale. Had I been a first year Thank you. pensive; and, I’m concerned about heat- teacher teaching high school in south- f ing oil prices this fall; and, I’m con- ern Minnesota, I would have started at b 1915 cerned that what’s happening with the just around $32,000 a year. My share of economy is not moving any closer to the premium for family health care THE STATE OF THE ECONOMY addressing those issues that I care coverage would have been $7,200 a year The SPEAKER pro tempore. Under most about. right off the top of that. And this is an the Speaker’s announced policy of Jan- They were concerned about the loss issue that would expand that 47 million uary 18, 2007, the gentleman from Min- of their jobs. They were continuously into another possibly 50 million that nesota (Mr. WALZ) is recognized for 60 told that this global economy and are on the verge of being unable to pay minutes. these trade agreements that we were for it. Mr. WALZ of Minnesota. Mr. Speak- working on would grow these wonder- So we have issues of health care er, in coming today on the first day ful jobs, wonderful prosperity, and costs. We have issues of energy costs. back in this new session, the second what they continued to hear in the We have issues of tuition and those session of the 110th Congress, I wanted news was global corporations making types of things. And as this Congress to take a little bit of time to reflect on record profits as we saw real wages for came to session, those are the issues some of the changes that happened in working Americans sink. we were talking about, making college this Congress but also more impor- They were told that this great awak- more affordable, addressing the issue of tantly to look towards the future and ening of the global economy would be moving into renewable energies and look at the priorities that this new so helpful to them, and then they passing CAFE standards to make our Congress is bringing. would open up their gas bills for heat- automobiles reach that level of effi- It’s very apparent that myself and ing and find out that they were having ciency that will help working class my 43 Democratic colleagues were trouble making ends meet. They were families.

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00250 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.082 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H277 So, as I’m joined here tonight by my kids growing up. And then just re- workers got 70 percent, owners got 30 colleagues from across this great Na- cently, the Schaeffer Pen Company in percent. tion, and I might add, a very optimistic Fort Madison closed after over 100 In the current era, that number is group at that and a very visionary years of being one of those symbols of down in the 20s. So while American group that understand, and the last what American manufacturers can workers are working harder and hard- statistic I will give before letting some produce. er, most of the gain in their produc- of my colleagues join in on this, we had Those aren’t just losses of jobs to tivity is not going to them. It’s going a piece of research that was done by people in those communities. The rip- to owners. It’s going to the corpora- the independent, nonpartisan Congres- ple effect throughout those commu- tions, and the workers working harder sional Research Service. And they did a nities in terms of people who move out and harder are not getting the benefit study asking what had added to our na- and leave a void of volunteers who of that. tional deficit, and their conclusion was work in community service organiza- And we’re seeing it day in and day that 98 percent of that was added by tions, who work as mentors to the next out. And not only that; we’re seeing in- legislative choices, the biggest being generation of leaders that are going to stances in which people who have tax cuts for a very small percentage be responsible for leading this country worked their entire lives, because of that, quite honestly, we were told on in a great new direction, those are the emergencies, because of businesses theory would generate wealth back disturbing trends we never hear about going out of business, are losing their into the economy. from the President when he’s talking life savings. The fact of the matter is the tax cuts about the rosy state of the economy. I will never forget being at a Catholic were not targeted at our great entre- And one of the things that brought picnic one day in 2006 and talking to a preneurial class. They were not tar- all of us here to Congress is our sense man who had worked for Winn-Dixie geted at those people who were going that the middle class was increasingly Corporation. He had worked 28 years to create jobs and reinvest. They were being shut out of the American Dream, for Winn-Dixie, and he had accumu- targeted to people that would continue that the opportunity for our children lated $150,000 in his retirement plan. to build trust funds to pass on to future and the next generation of children to Winn-Dixie had gone into bankruptcy. generations of that very, very thin follow them was being limited by eco- He was left with $30,000. He lost 80 per- privileged class. nomic policies that did not provide in- cent of his life savings because of the And because of that, this Congress centive for the middle-class entre- problems inherent in his corporation, has got work to do. This Congress and preneurs to make risks and create jobs and they had not planned adequately these Members that were sent to this and provide opportunities in their to secure his retirement benefits. Congress that will speak tonight were home communities. And what we want So these have ripple effects. These sent by their constituents not to talk to do as a Congress is make sure that are stories that are heard by relatives, ideology, not to argue with the other our fiscal policies are creating those by friends, by neighbors, and that in- side, but to look at the issues and not types of opportunities in our own dis- creases the anxiety throughout soci- come with facts and figures, but to say, tricts and throughout this country, be- ety. And this is what I sense that we Hey, I’m a schoolteacher sitting in cause that’s what’s going to make us face in this country today is not just southern Minnesota and I’m having competitive in the 21st century. the actual fact of people’s standard of trouble making ends meet and I actu- So what I’d like to do at this time is living not increasing despite the fact ally could qualify for food stamps. let my friend Mr. YARMUTH, who comes they’re working harder and harder, but What’s wrong with an economy that from the great State of Kentucky and their faith in the future is declining does that and what can be done to has probably a different perspective on and faith in the future of their neigh- bring back a sense of fairness to it? what he sees in his home district, share bors and their friends because they see I think the good news in this is, if 98 with us some of the things he observes the threats to them, and they say what percent of the Federal deficit was that are directly related to the state of am I working for, what am I trying so caused directly as a consequence of leg- the economy that brings us here to- hard to accomplish. islation, we’ve got the opportunity to night. Then we had the added specter, as I reverse that. And I’m proud to be Mr. YARMUTH. Mr. Speaker, will know one of our colleagues will discuss standing with three Members that I the gentleman yield? this evening, of the incredible crisis in know have that as a priority, and I’d Mr. WALZ of Minnesota. I yield to the health care system where 50 per- like to first of all yield to my colleague the gentleman from Kentucky. cent of the bankruptcies that we now south of the border in Iowa, Mr. Mr. YARMUTH. Mr. Speaker, I thank experience in this country are due to BRALEY. my colleague and thank him for his health care costs and people, again, Mr. BRALEY of Iowa. Mr. Speaker, comments and also Mr. WALZ for his who have done everything the right I’d like to thank the gentleman for leadership as well. way and have lost everything because yielding and also thank you for your I will say, no, the situation in Ken- of bad luck of the draw. They’ve come outstanding leadership with this spe- tucky is not much different than it is down with cancer. They’ve come down cial time we get to share together here anywhere else in the country, and with a serious injury that’s preventing on the House floor. throughout the campaign 2 years ago them from working. My district in northeast Iowa, the and before that, as I talked to people in So as we go across the entire spec- First District of Iowa, is in some ways my district and around the State of trum of American society that’s what very similar to yours, my friend, Mr. Kentucky, what I heard was the same we find day in and day out. I like to WALZ’s. It’s the rust belt of Iowa. It’s message you have heard. You know, think of government as the way we or- got a lot of agricultural, manufac- we’re working harder and harder, we’re ganize our responsibilities to each turing history, and I think it’s a micro- struggling, we’re doing the best we can, other, and in this day and age we do cosm of what you’ve been talking and yet we’re falling behind. We’re not face these very serious choices and about. making progress. Our standard of liv- very clear choices in how we perceive We have great manufacturers that ing is not getting better, not improv- our economy and what government’s I’m fortunate enough to have in my ing. role should be. district, companies like John Deere And I know that we don’t want to that have been around for years and burden the audience with too many b 1930 have stayed in the communities pro- statistics, but Mr. WALZ talked about And the question is, do we reward viding jobs and opportunity. But we’ve productivity, and one of the most as- wealth versus work? And I think this also had a tremendous impact on our tounding statistics I’ve heard recently group that was elected in 2006 has a economy in Iowa this year from our is that 25 years ago, when there was a clear position on that; we want to re- loss of our Maytag plant in Newton, productivity gain in the United States, ward work and not necessarily wealth. one of those manufacturers that people workers benefited to the tune of 70 per- We want to make sure that when peo- know as a brand name that used to be cent of that productivity gain. So for ple work harder, they benefit. And we on the game shows we used to watch as every dollar increase in productivity, want to make sure that the economy is

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00251 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.132 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H278 CONGRESSIONAL RECORD — HOUSE January 16, 2008 fair to everyone and works for every- This is a time when we have to look neighborhood that won’t have a bread one. And if we can’t do that, then we very hard and be realistic about the earner, in Kimberly, Wisconsin, just don’t deserve to be representing the problems that face us. But when Amer- outside of my district, 120 paper mak- American people because we have let ica really turns its attention to some- ing jobs. them down. And I know that this group thing, it changes the future. And that’s Now, how does it happen in this coun- is not going to let them down; I know what this Congress is going to do. try at this time, how does it happen that’s why we came here. And I’m That’s our job. That’s why we were when we allow Communist China to proud to be here for that reason, and sent here was to change the future and target each and every sector of our I’m not going to stop fighting as long to provide hope to people. economy and our manufacturing econ- as I’m here. With that, I would like to turn this omy for extinction? They’ve targeted So, I thank all of you for your over to my friend from Wisconsin, STE- our steel. And what happened to steel collegiality and all of your efforts in VEN KAGEN. And with that, sir, would production? It went down here and this behalf. We are part of a great you let us know what you think of this went overseas. They’ve targeted tex- cause for the working families in stimulus package that the Speaker is tiles. They’ve targeted auto produc- America, and I’m very proud to be a talking about. tion. So, what are we going to make in part of that. Mr. KAGEN. Well, thank you very America? Because if we don’t make With that, I will yield to my col- much, Congressman ED. I really appre- anything, quite simply put, we won’t league from out west, the site of this ciate being with you, not just here on have anything. year’s Democratic convention, Mr. the floor, but many people don’t realize The unemployment claims for the PERLMUTTER. that you’re my roommate. We’ve got month of December, 322,000 jobs lost, Mr. PERLMUTTER. Thank you, Mr. an apartment. We’re working together people looking for work. What about YARMUTH. to pay our rent, we’re working together the minimum wage, $5.85? You can’t It’s great to be standing on the floor to pay our Nation’s bills, and we’re feed a family on $5.85 per hour. You with gentlemen who have been elected working together to build a better na- by the people in 2006 to change the way can’t educate yourself and your chil- tion for everyone. this Nation is being run, and to provide dren. And before I mention anything about So, we have got a lot of work to do, the hope that we need to deal with the our economy, you have to all be think- not just in the Green Bay football problems you’ve outlined. And we can ing about the Green Bay Packers this game. I don’t know who we’re playing, do this, we know we can do this. This weekend. We’ve got a football game up some team from New Jersey or the New is a time where we change the focus in Green Bay that we’re going to rock from the wealthiest 1 percent to the York Giants. I wish them well. I hope the world. We’re going to demonstrate hardworking people of middle America. no one is injured because—well, they not just how professionals can work to- This is the time for hardworking Amer- do have pretty good health insurance, I icans. And we’re going to provide, gether as a team in athletics, but we hear. So, we’ve got a lot of problems that based on this stimulus package, a have to imitate them here on the we have to face together. I am very package of different approaches to help House floor by beginning to work middle Americans, hardworking Amer- across party lines. proud and honored to be able to serve And if you’re looking for a good ex- icans, we’re going to provide them with with all of you here tonight as we talk ample of how corporate America should refunds so that there will be some about this economic stimulus, as I send be run, look no further than the Green money in their pocket, not just in the it over to my colleague, Mr. ELLISON, pocket of the wealthiest 1 percent, but Bay Packers because they will never, who represents the great State of Min- in the pockets of everyone across ever be outsourced. They cannot be nesota. And he is going to, perhaps, al- America. Ronald Reagan used to talk shipped overseas. Why? Because the lude to the fact that we have to have about trickle down. Well, that’s not community owns the Green Bay Pack- an economic stimulus that’s timely, how the economy works, it works ers. Not a bad example. that’s targeted to those who really I’d like to turn your attention to two trickle up. It’s a flood up. If people in need it, and temporary. the middle have money, they spend it, questions, questions that I think are Mr. ELLISON. Well, Doctor, let me and that will generate all sorts of new important for all of us in this class of just add my voice and say I love to be business in America. ’06, what some of us call ‘‘America’s on the House floor with my colleagues. We’re also going to provide stimuli Hope,’’ whose side are we on? Now, does You guys are servants of the people of that will create many new jobs, wheth- anybody sitting here, standing here the United States, whether we’re from er it’s in the energy sector. We can im- having this conversation with America, the upper Midwest or Iowa, Kentucky, prove how we’re dealing with health anybody here sitting in a board room or all the way out in Colorado, it’s a care and increase jobs there. But this is of a major corporation? I don’t think joy to be in the company of people who a time when we really are going to so. We’re working hard for everyday care about the American working class change how Washington is conducting people who are trying to make it and are willing to get out there strong business. The President would like us through the day. to speak up for what working class peo- just to focus on the wealthiest. He The second question is, what kind of ple need. would like us just to keep things the Nation are we, what kind of Nation are You know, this stimulus package is same. We’re not doing that. We’re here we when we don’t educate our children, to signal change in a broader sense to to provide hope to people and change so when we don’t guarantee access to af- make our economy fair and more pro- that people in their everyday lives fordable health care for every child in ductive. It’s signaling change. One hun- know that they’ve got folks here who America, for every citizen, every legal dred billion dollars is a whole lot of were elected to fight for them. And we resident of this country? Who are we money, but when you think about this are going to change things by pro- now as a Nation? Now, you don’t want trillion-plus-dollar economy we live in, viding a whole new approach to the to talk much about statistics because it’s not a whole lot by comparison. But economy this year. it will put people to sleep at this hour it’s not designed to solve every prob- We hope to provide a package that of the night, but the Department of lem, it’s supposed to spark economic will be $100 billion, that’s about 10 Labor has given us these numbers. The change, signal an overall change in the months in Iraq, that’s nothing, where Consumer Price Index went up by .3 way our economy is structured so that we can help this country really get on percent. That’s a little bit of inflation, we can have working class people pros- a solid footing economically, and then a little whiff of what we’re going to get per and grow. for the long-term future, really develop at the end of 2008. The unemployment My colleague from Colorado pointed a whole new energy system that will rate up to 5 percent nationwide; some out that it’s not a matter of trickle provide thousands and thousands and areas of my district even more. We got down, it’s bubble up. You put the thousands of jobs across this country, the news today earlier this morning money in the hands of middle-class as well as revamp our health care sys- that a paper maker in Niagara, Wis- people, they go out and buy washing tem that has become such a drag on consin, they’re going to shut down 320 machines, they go out and buy food, the economy. jobs. That’s 320 homes in a very small they go out and buy groceries, they put

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00252 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.134 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H279 their kids in school, and the next thing purchase, they’ve got to refinance their ance. He put the medical bills on the you know more deals are being done homes, although that’s tough to do credit card as long as he could, and you see an overall increase in the today, and that’s why they go to title couldn’t pay that; as a matter of fact, economy, a rising tide lifting all boats. loans, payday loans and pawnshops. paid one credit card, but on the other You take care of the middle class and This is what is driving that move. We one he was late. Guess what happened the rest will take care of itself. are drying up the consumer sector. to the interest rate on the credit card If you give tax cuts to the wealthiest And I just want to say that we have that he was on time for? It went up. of the wealthy, the very definition of seen record foreclosures in America, That’s called universal default. So, now being rich is that you don’t need the record foreclosures. We haven’t seen he’s paying 32 percent interest. He’s money. So, what do you do? You don’t this many foreclosures since the Great getting further and further behind. spend the money. You merge. You go Depression. He’s not working. His partner is strug- buy some company overseas and then Mr. BRALEY of Iowa. Would the gen- gling to keep the mortgage paid. They they take advantage of comparative tleman yield? see a reset in the mortgage. Now they wage differentials and the next thing Mr. ELLISON. Absolutely. are totally up. They are just really in you know we’re exporting jobs. The Mr. BRALEY of Iowa. Like all of bad shape now, and they are facing fact is is that an economic stimulus you, I spent time out of my district foreclosure. targeted to people who really will during the recess between the holidays When the man told me this story, he spend that money and really do need and coming back this week. And I was was dry in the eye but I was misty. I that money and can spend that discre- shocked to visit Davenport, Iowa, the couldn’t believe, I said, you know, not tionary income will spark our econ- largest city in my district, and learn in America. People who work hard, 40 omy. But it will only be a signal of an that Davenport leads the country per hours a week every week, cannot be in overall shift of economic fairness that capita in the number of subprime mort- this situation. It’s wrong. And I felt it has to do with our innovation agenda, gage foreclosures. And I know that all was my responsibility to do something that has to do with increasing the min- of you have constituents in your dis- about it. imum wage, that has to do with de- tricts that are being impacted directly b 1945 creasing the cost of college loans, an by the subprime crisis. And although overall economic package that is big our friend from Wisconsin certainly So when I stand on the floor to talk and that is structural that has to do spent a lot of time talking about the about working class prosperity with with making changes to predatory Green Bay Packers, and I know that’s you here tonight, six Members of Con- lending laws, that has to do with our heresy in the State of Minnesota, what gress, and when I heard our Speaker housing markets, an overall package I thought maybe we could do is share talk about this stimulus package, I was that will take a little more time to im- some of the personal stories we’ve reminded of what happened when the plement, but an economic stimulus heard from people who are directly im- great President Franklin Delano Roo- package that will happen soon and will pacted by these mortgage foreclosures sevelt died. Back in those days, Rep- spark economic growth directly affect- by the need to convert their spending resentative YARMUTH, they used to ing the unemployment numbers that habits to credit rather than cash be- have the coffin of the President loaded jumped in December, and as Mr. cause they’re being pinched in the mid- up on the trains. You know what I am PERLMUTTER correctly points out, di- dle, and put a human face on the prob- talking about, Representative WALZ? rectly affecting the increase in the lems we’re talking about and why this And that train was carrying that cas- Consumer Price Index as well. economic stimulus package is so im- ket across the country. And there was Now, you know, the underlying portant. a man who appeared at one of those source of this economy’s weakness is With that, I will yield back. train stops where that casket was the collapse in the housing market. In Mr. ELLISON. I want to respond di- being carried across the country, and 1995, what happened to the housing rectly to your point, Congressman, be- there was a journalist there too, and market? Bam, straight to the moon. cause I think this is one of the things the man was crying about the Presi- People thought it would never end. As that in a very palpable feeling way dent. He was in tears over President a matter of fact, people bought houses, really struck home to me, and that was Roosevelt. And as you know, he was some of them subprime. Some of them when I was campaigning back in 2006. I the President during the Great Depres- found themselves thinking, well, if I met a gentleman who kind of came to sion. buy this house right now, get into this the front door when I knocked on his And the journalist walked up to the subprime mortgage, the increasing door. And he came in a very gingerly man and said to the man, ‘‘Sir, I see housing values gives me wealth; I can way; it was clear that he had suffered that you’re crying and very emotional refinance when this house is even some kind of injury and wasn’t feeling over what happened to the President. worth more. But, you know, everything very good. And he said to me, you Did you know President Roosevelt?’’ that goes up must come down. And as know, KEITH, about a year ago I was up And the man gathered himself, a matter of fact, when we saw people on my roof because me and my partner cleared his threat, and he said, ‘‘No, I refinance these homes, they consumed make a little more than minimum didn’t know President Roosevelt. But that increased wealth in their house. wage, not that much more than min- he knew me.’’ That helped drive the consumer sector, imum wage, but we were able to get Mr. WALZ of Minnesota. Absolutely. but eventually these things come down into the house because we got into the And as I said, it’s very encouraging, and we are hitting the wall. subprime mortgage. We got some cred- and I think it should be, Mr. Speaker, People are not making it, folks. We it cards that they sent to us that we to the American people to see the dedi- have a negative savings rate in Amer- didn’t ask for. But because I didn’t cation and the commitment. I know ica. Negative savings rate. That means have a whole lot of money, I climbed my colleague from Minneapolis has if you get paid on Friday, you’re out of up on that roof to fix it because it was taken a lead role on this issue of fore- money Wednesday night. That means leaking. I didn’t want to see more dam- closures. And as my colleague from you’re hanging on and you’re hoping age happen to the house, we had to down in Iowa has said, this is an area that you can stretch that penny out to patch it. And I, as you might guess, fell that no one is escaping being touched get to the end of the week. That means off that roof. The guy fell off the roof by this. Mr. ELLISON may represent a that instead of steak you’re eating and sustained some serious injuries. very urban area in Minneapolis, but hamburger and instead of salmon The injuries were too bad, his partner Mr. BRALEY and I and the rest of us you’re eating tuna fish. And it’s not was going to try to put him in the car here have areas that are somewhat funny. It’s serious business. People are but he couldn’t move him because he rural, and we are feeling that pinch. really, really struggling. was hurting, and it was dangerous, and We’re feeling it. And so the fact is, folks, that we so he called the EMS truck, Emergency One thing I would say is it reminds have a negative savings rate and that Medical Services. They came to get me, in thinking of the story that you is why people are turning to the credit him. That was about 1,800 bucks right just recalled about President Roo- cards. That’s why, when they get a big there. He didn’t have health care insur- sevelt’s knowing us, I’d like to give

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00253 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.135 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H280 CONGRESSIONAL RECORD — HOUSE January 16, 2008 you a quote from our current President for working Americans, the President I went up north to northern Wis- when he was out meeting constituents. is concerned about making tax cuts consin. On the way back, I stopped into And this was out in Omaha, Nebraska, permanent in the year 2011 when they Two Angels Restaurant in Antigo to a little while back, and it was with a expire. All of the money that we spent see what’s going on, to put my finger woman named Mary Mornin. And Mary last year on higher education, on our on the pulse of their community. And was explaining, she was a woman in her veterans, on conservation, and on med- there at the counter was a 55-year-old fifties, a divorced mother of three, in- ical research does not equal the former carpenter, a former carpenter cluding a special needs child. And she amount we spent servicing the debt. because he has gone through bank- was explaining to the President at that Think what this great Nation can do. ruptcy not once but twice because of time, just several years ago already, of And with that, I yield to the doctor health care bills. The first time, since the growing anxiety she had about from Wisconsin. he works by himself, he’s his own em- what was happening. And she men- Mr. KAGEN. Thank you very much ployer, he went bankrupt because he tioned to the President that to make for yielding. I just wanted to make a didn’t have enough health insurance ends meet, she was working three jobs. more accurate diagnosis of the condi- when he had cardiac surgery, and the And the President said, ‘‘You work tion that you are in. Mr. WALZ, it’s not second time he had a new heart valve three jobs?’’ $30,000 of Federal debt sitting over your put in. The second bankruptcy he went Ms. Mornin said, ‘‘Yes, sir, three head or your newborn son. It’s $375,000 through, and he went through it twice, jobs.’’ on an accrual basis when you factor was due to an abscess in his brain. He And the President said, ‘‘Wow, that’s into all the debts that we’re going to can’t think straight. He can’t work. uniquely American, isn’t it? I mean, owe to those of us who very soon will And he’s counting on us to do some- that’s fantastic that you’re doing be on Social Security or Medicare as thing to help him, to guarantee he has that.’’ And then he laughed and said, we retire. access to health care he and his wife ‘‘laughter’’ in parentheses here, ‘‘Do So you have to begin to accurately can afford. They can’t take away his you get any sleep?’’ diagnose the problem in health care, home, but they have destroyed his spir- And Ms. Mornin said, ‘‘No, not physically, or an architect has to do it, it. much.’’ a plumber has to do it. Let’s identify So I think we are here to give hope to This President has been so out of what’s really going on here. What is it everybody, that by working together touch with the reality that affects that has caused millions and millions we will repair not just this idea of bor- most Americans that he can stand in of manufacturing jobs to jump over- row and spend with pay as you go, with front of them and tell us this is the seas, to be taken away from the work- fiscal responsibility, but also ulti- greatest economy ever. He can stand ers that we represent, the families that mately, and we won’t get to it tonight, there and watch as the housing market we represent? Because people back we have to fashion a trade policy that imploded and the indicators were there home are asking me, as they are asking is not just fair but is balanced. and people were asking him to do you, Hey, KAGEN, what are you going I yield to Mr. PERLMUTTER. things about that. He can stand there to do for me? The first thing you have Mr. PERLMUTTER. Mr. Speaker, I and talk about this being the greatest to do is identify the two causes I be- think we have got again to realize and economy under his watch full well lieve are doing this. understand why the people sent us here knowing that the facts indicate he First, it’s the trade policy. A trade to change America, to change the way took office with a $126 billion surplus policy that allows corporations to take Washington runs, and they want us to and he has continuously driven us into away our jobs. Listen, Mr. look out for middle America, hard- debt. PERLMUTTER, if I go to your home and working people. They want us to look We are at a point in this great Nation I take your car and you don’t even out in the short term, the mid term, now that last year alone we spent $406 know about it, if I steal your car, I go and the long term. billion servicing the interest on the to jail. I get punished for stealing, for And in the short term, you talked debt, not the principle. taking away your property. But if I go about it. We want to provide in a bipar- Mr. ELLISON. Will the gentleman to where you are working, if it’s a tisan way, working with our friends on yield? paper company, if it’s a steel factory, if the other side and with the administra- Mr. WALZ of Minnesota. I yield. it’s some auto manufacturer in De- tion, real relief to millions of people Mr. ELLISON. How much is your troit, if I take away your job, I get across America. And you described it debt for this big debt that he has run rich. So there is something wrong with as timely, targeted, and temporary. up? our trade policy that allows com- Relief that gets right into people’s Mr. WALZ of Minnesota. It’s $30,000 munist China to compete unfairly pockets where they can then buy those for each and every one of us. using an abundance of what I would necessities, whether it’s a washer or Mr. ELLISON. How about little Gus, call slave labor. they have got to fix the sink or what- your son? The second reason is we have had a ever it might be, because people, even Mr. WALZ of Minnesota. Gus is 14 fiscal policy by the Republican admin- those that don’t run into terrible prob- months. His is $30,000, not counting the istration that has plowed more debt lems as you described, are having a interest. onto everybody. The debt in 2000 on an heck of a time making ends meet. I would just make this point that the accrual basis, according to the most They’re working 40 hours. They’re President, in the theatrics of the ap- trusted man in Washington, David working 60 hours. But if there is one propriation bills to run this country, Walker, the Comptroller General of the bump in the road, a kid who has to held up funding across the spectrum GAO, was $20 trillion and at the end of have braces or any little thing just sets from veterans to health care research 2006 was $53 trillion. From $20 trillion you back, because everybody is that to our soldiers’ pay increase that he to $53 trillion is a debt no one in this close, as energy prices go up, as tuition pocket vetoed, all of these things, over room, no one living today can afford to goes up, as health care costs go up. So $22 billion. And I want you to put this repay. So we have to repair our trade our job is to give them some relief. And into perspective. What this President policies, and we have to come to an end when we do that, that will help the has done in his fiscal irresponsibility, with this policy of borrow and spend economy as a whole. which should not surprise a single per- and borrow and spend and borrow and Then we have the mid term and long son in this country given his track spend. We cannot afford to stay on this term, the trade policies. But for me in record on the private sector and given path. my area, which is primarily the sub- that he was practicing, as my col- I believe in large part those are the urbs of Denver, it is middle America. It leagues have said, a very tenuous prin- reasons why we came here to the House is right down the middle politically. It ciple of trickle down, that took the to do the people’s work and why we are is right down the middle financially. complexity of the entire economy and going to speak up every day for the It’s not rich. It’s not poor. It’s not shook it down into one mantra. Today people that tell us their problems. And Democrat or Republican. It is right as this economy and this Democratic I will share with you just one story of down the middle as an independent Congress is looking for real solutions my constituents. kind of an area. And they are expecting

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00254 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.136 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H281 of us to turn the attention to them, to are evil and that they don’t care about one else. It’s all these things people middle America, and not just the the working class. But we have a situa- have been talking about, credit card wealthiest people. And when we do tion in which that pendulum needs to abuse, this scheme that was cooked up that, we’re going to change the face of be moved back to the point where ev- by Wall Street and others on the this Nation again. erybody shares in the growth of this subprime mortgage, and even the so- JOHN YARMUTH was talking about the country. called exceptional mortgages that are fact that as we have improved produc- So as I look at this group, all of below subprime, the way that Wall tivity, the worker, the average guy, whom are committed to solving prob- Street has found to package these and hasn’t seen the benefit of that, but it’s lems and not necessarily to advancing then sell them to, in some cases, been more of the owner. And that’s a dogma, I think that’s what the Amer- unsuspecting buyers, and in some okay, too, that the owner sees some ican people expect us to do and I think cases, to knowledgeable buyers who benefit, but it should be shared across that’s what we are going to continue to thought they could make money; the the board, because at the end of the work to do. degradation of any kind of regulatory day you have this disparity between I would like to yield to my distin- oversight, when regulatory oversight the rich and the poor continue to grow, guished colleague and friend from done right is going to protect average and that’s not healthy for any country. Vermont (Mr. WELCH). people. The chairman of Financial This country has thrived and pro- b 2000 Services, I think, put it right on regu- gressed because of the middle class, be- lation. There’s only two problems; one cause of the hardworking people in the Mr. WELCH of Vermont. Thank you. is when you do too much, and the other middle. I have been listening, partly presiding, is when you do none at all. It is some- So we have long-term strategies, but I have been thinking about this thing that has to be done in order to which would be investments in energy, question of why is it there is such a protect the pocketbooks of everyday rebuilding our infrastructure. The sense that we need to do something Americans. speaker comes from the city where we called a stimulus package, where we Mr. BRALEY of Iowa. Would the gen- had the bridge collapse. We have too are talking about $100 billion going tleman yield for a question about the many roads, too many things that have into an economy that is $14 trillion, great State of Vermont? to be repaired in this country, and it is and it’s a modest amount. Why is it Mr. WELCH of Vermont. Yes. time for us to turn our investments to that there is such a sense that this Mr. BRALEY of Iowa. I have made this country, and lots of jobs will be stimulus is needed when in fact, by his- this statement before, that my family developed as a response to that. torical standards, unemployment is ac- wound up in Iowa because of one of the I yield to my friend from Kentucky. tually relatively low. We had bad news. greatest Federal economic stimulus Mr. YARMUTH. Thank you. One of It went from 4.7 to 5 percent. But the packages in history, something called the things that I want to follow up on historical average is well above 5 per- the Homestead Act. One of my great what you were talking about was we cent. great grandfathers, George Washington were sent here to solve problems. And The reason there is such anxiety is Braley, walked to Iowa from I think one of the reasons that we have the reasons my friend from Kentucky Northfield, Vermont, because of the gotten into the predicament we’re in is and all of you have mentioned, that Homestead Act. My other great great because a lot of people in the White this has not been a rising tide that lifts grandparents, John and Nancy, left Ire- House and in this Congress thought all boats. Most people, even those who land during the potato famine and that you can govern by dogma. And are employed, have not had wages that went there because of the Homestead when people say the free market’s in- have come close to keeping up with Act. One of the first things they did fallible or that regulation is bad or their bills, and that has been intensi- was found a Presbyterian Church, government should get out of the way fied, of course, with energy, buying which they named the Homestead and we hear those kinds of dogmatic gas, buying home heating fuel, paying Church because of the importance of philosophical statements, a lot of peo- for your college education for your that stimulus package in creating op- ple bought into those. And what we see kids, and medical bills. The story that portunity and hope for that generation time after time, and I guess we are all the Speaker told about that young of Americans. slow learners in this country, but what family with medical bills is painful, So my question to you, my friend, is we see time after time, whether it’s but it’s true. So what you have had is as you look at your State now and the with the subprime mortgage, whether this economy that is simply not work- people that you have the privilege of it’s with Katrina, or in all sorts of ing for average people. representing here in Congress, what areas, with our health care system, is So what do we have an opportunity type of real world benefits are they that dogma doesn’t do very well when to do? A stimulus package is some- going to receive from this stimulus the rubber meets the road. There are thing that is concrete. We don’t offer it package we are talking about to give real facts that we have to deal with. as something that is going to ‘‘solve’’ hope and opportunity to the next gen- So we come here, and I know a lot of the problem, but it is going to show eration of people from the Green Moun- people, when we try to suggest that the that there’s a cop on the beat. And tain State? disparity between rich and poor has there is an opportunity, by following Mr. WELCH of Vermont. The ele- gotten too great or that corporations the advice of economists across the ments of the stimulus package, as we have too much power, think we are spectrum, from conservative to liberal, know, are being discussed, but basi- playing at class war or we are trying to that say that in a time of declining in- cally it would be a short-term tax pit one part of society against the comes, a stimulus is a mainstream break or check to families; it would be other. And that’s not at all what we’re Keynesian approach to giving a shot in food stamps for folks who are strug- doing. And I hope the audience has un- the arm to the economy and a boost in gling; it would be an extension of un- derstood that everybody tonight has confidence. employment benefits from 26 weeks to talked about fairness and, dare I say it, Now, we do that and do it quickly, 39 weeks for folks who have been laid balance, and we are talking about the hopefully in the next 2 weeks, and we off from their jobs. So those are some fact that in this country over the last do it together with our colleagues. It’s of the things that would help. couple of decades the economic pen- a statement of confidence, and it also, It’s not just Vermont, as you know, dulum has swung way too far to one by the way, establishes that where you my friend from Iowa. By the way, I am side. And the marketplace works where need to help is with those folks who are a great fan of the Homestead Act, but there is some kind of balance in power, paying their bills on the basis of their if your forebears had not walked from and now there is no balance in power salary or punching a clock. Then we Vermont to Iowa, you might be a Con- because the rules are all stacked have the longer term work to do, and gressman from Vermont right now. against every working American. that is to right the inequities that I yield to my friend and class presi- So we’re not trying to say that cor- have been so systemically applied to dent from Minnesota. porations are evil. I don’t think any- have this vast spread between the mid- Mr. WALZ of Minnesota. I think it’s body would say that, or that the rich dle class, low-income folks, and every- interesting, and the changes that this

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00255 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.137 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H282 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Congress has meant to bring, this stim- it needs to understand that what Presi- It has been devalued. In Milwaukee ulus package has meant, as all my col- dent Bush failed to realize with Ms. we’ve got Miller and Miller Light beer. leagues have talked about, is of being Mornin is, this wasn’t a sense of she Well, we have got dollar light. The gold that short-term, targeted, temporary wanted to be away from her child, hasn’t changed for millions of years, reform that will put money right into working three jobs. She had to be. but it takes a lot more money to buy the economy. That is in exact opposi- And the idea that you should be an ounce of gold. The oil that drives tion to, I guess, the plan this President proud, and we are going to hear more our economy, our fossil-based fuel has espoused for the past 6 years that about this, this idea of productivity is economy, our oil that we are pur- has drained money from not only the a great thing, but in many cases, chasing hasn’t changed in millions of Federal coffers, but has drained jobs Americans will work as hard as they years, but it takes a lot more money and siphoned them overseas. possibly can. But the problem with this today. How much? Almost $100 a barrel. I think it’s really critical. A couple economy is the return is not coming. To do what? To drive our economy. of points. I think my colleague from Before I yield to my colleagues, I Folks, we have to get our country Louisville was exactly right when he think this is one thing that we were back, and it begins by working to- was talking about the pendulum has sent here to reinspire, to get Ameri- gether, no matter what party you’re in, swung. The only thing I wished on that cans to change their view on this, be- to give people hope and confidence that is, and I think people need to be very cause I think this is one of the most their government can work together clear about is, there is no natural order disturbing statistics that I have ever across party lines. But we have to be to things where that pendulum will heard. Now, for the first time since able to see the same problem and begin come back on its own. The change to they have been asking this question, to work on it together. make that pendulum come back was since President Bush’s Presidency, and This economic stimulus that we are the votes that were cast last year for during this time period, when asked if putting together in Washington today, Members, just like this, standing here. their children will be better off than that the Democrats are preparing to Sometimes you have got to reach up they were, the majority of Americans work with the Republicans, is great for and grab that pendulum and get your respond no. They do not believe that America. It gives me hope that we can hands a little bit bloody, pulling it the leadership out of this administra- work together across party lines and back to where it needs to be. tion or the previous years of Repub- put together a stimulus package that That is exactly what we are trying to lican-led Congresses have done any- will help every working family in do. But as we are doing this today, thing to set a vision for America. America. Because what do we have to some of the leadership on the Repub- So I don’t know if we should be sur- do? We have to reward work just as we lican side of the aisle held a news con- prised that the solution would be more do wealth. ference and put forward a piece of leg- of the same coming from the other I yield back to my colleague from islation that they would do, that they side. The solution that the American Louisville. Mr. YARMUTH. I would just like to would target to help this situation, to people want is not more of the same. add as maybe a closing remark that take away the anxiety of working class It’s a change that reflects their values. So with that, I would yield to my one of the things in the area of dogma Americans, to make them feel like friend from Wisconsin for a few closing we talk about, or cliches, we want gov- they can feed their family, heat their words from him. ernment out of our lives. Everybody homes, and keep their good job. And Mr. KAGEN. Thank you, Mr. WALZ. I hates government until they need gov- their solution? Corporate tax breaks. certainly appreciate it. I think what ernment. That is from the richest to The only thing in their package, reduc- people in Wisconsin are telling me in the poorest. We know there’s a lot of ing the corporate tax rate. Green Bay and Clintonville, every- subsidy to the wealthiest people, the We all understand the theory that where I go throughout my district, is wealthiest corporations. They say they that will allow for corporate America they want their country back. I was don’t like government, but they are al- to reinvest in infrastructure, to rein- walking in a parade and a lifetime Re- ways coming here to ask for help when vest in jobs. In theory, it sounds bril- publican pulled me over and said, hey, it suits them. liant. In practice, it’s going to mean Doc, we sent you to Washington be- This is one of those times when ev- higher CEO salaries and more imports cause I want my country back. I said, eryone needs government in this coun- coming from China where they put the Exactly what do you mean by that? He try. Everyone needs the stimulus that factories to save the money on the said, Heck, I want a border I can see we are about to try to provide. It’s the labor, to save the money on the envi- and defend. I want my Nation back. right thing, it’s the smart thing, and ronmental standards. Without any borders, we cease to exist. it’s the moral thing to do. I think that So those are the type of things that I agree with him. if we can convince enough people on I think need to be clear, and I hear my Several blocks later in that same pa- the other side of the aisle, we will colleague from Colorado saying very rade a retired teacher pulled me in and strike a great victory for this country clear that we were not sent here to said, Hey, KAGEN, we sent you to Con- and for the American people. I look for- bicker, we were not sent here to gress because we want our country ward to doing that in the next couple espouse ideology, but we were sent here back. I said, What is this, an epidemic? of weeks. with a very clear mandate: Force I said, What do you mean by that? He Mr. PERLMUTTER. I just would like change. The status quo would say, Con- said, Well, I want my constitutional to close. I think our friend from Min- tinue on with President Bush’s tax rights back. I want my government to neapolis, Mr. ELLISON, used the right cuts, give corporate tax breaks. But ev- protect my fourth amendment rights, word; the economic stimulus is a eryone in this room knows that your my rights to habeas corpus. spark. It will help those people who constituents, the vast majority of People want their country back. We really can use it just make the ends Americans know that is not going to all feel it here in Washington. We want meet that week. Once that happens, work. our country back. We don’t want to that moves an economy as millions of So I am quite intrigued that our col- take it back; we want our values back. people in unison do that. leagues on the other side are going to We want a government again that be- So we have a chance to really change stick with that. And I don’t know if lieves in being responsible with our the way this economy is headed, we they need to poke their heads outside a hard-earned tax dollars. Everywhere I have a real chance to change the focus little bit more, but that wind of change go, I ask people in Wisconsin, Hey, I’m from the wealthiest 1 percent to the is blowing very hard and it will sweep working for you. I’m your hired hand. I people who are working so hard every this place clean. It will sweep this have got your hard-earned tax money day across America. Those people that place clean and put people here who here from your family. Where do you make this country so wonderful, so understand those needs, who don’t need want me to spend it, overseas or right great. to go and find talking points to under- back here at home? And everybody I am just glad that the folks from stand how hard it is to send your kids tells me they want it spent at home. Wheat Ridge and Lakewood and Arvada to college, to understand paying a gas But, Mr. WALZ, this United States and Golden and Brighton and Com- bill becomes a major family issue. And dollar doesn’t buy what it used to buy. merce City and Aurora and a number of

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00256 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.138 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H283 other places in my District gave me chief of the strongest nation in the it was understood to mean, the text of the chance to come here and help make world, the unchallenged superpower in the Constitution means what it was un- that change. I think that they are the world. derstood to mean when it was ratified looking for change, and they are look- Those issues include items such as by our forebearers, and that each ing for hope, and we are going to de- Social Security reform and health care amendment means what it was under- liver that. reform and tax reform, fiscal responsi- stood to mean when it was ratified? It With that, I will turn it back to the bility. The social programs, education is not a living, breathing document, president of our class, the eminent Mr. for example, would be another one. not a changing document, but a docu- WALZ. How strong should our military be? ment that is a guarantee to the people Mr. WALZ of Minnesota. I thank the How do we fight our enemies globally. here in the United States. The next gentleman. I thank all of my col- How to do we get to the point where we President will make those decisions. leagues. I cannot tell you how proud I can declare one day in this global war Of all the issues that I have laid out am to have each and every one of you on terror against Islamic jihadists? here, including our border security and here, and while all of us believe in the And how do we secure our borders and our national security, which many free market, the one thing I know for how do we reestablish the, I will call it times are wrapped up into one, and the sure is I believe a lot more in my fellow the sanctity of this Nation, the sov- refurbishment of the rule of law, which citizens, and I thank the citizens of ereignty of America? How do we rees- I believe is the central pillar of Amer- Colorado and of Wisconsin and of Ken- tablish that? How do we reestablish the ican exceptionalism, all of that is up tucky and of Iowa for sending people rule of law in this country when we for grabs in the presidential race that here who care about those values, who have watched the rule of law and the is being played out across America want to get that right. enforcement of our laws decline over State By State. The world watches. So with that, I leave in an optimistic the last 20 years, a little bit more than The world watches because it affects state of mind. I leave with the Amer- 20 years, I will say since the 1986 am- them, because we will be electing the ican people, Mr. Speaker, knowing that nesty bill that Ronald Reagan signed next leader in the free world. these gentlemen here are going to di- and defined as amnesty? Of all of these issues that I have laid rect us in the right direction and truly What about the appointments that out, Mr. Speaker, I would ask you to bring back that sense of equity. will be made to the Supreme Court but put those issues down into two dif- by the next president of the United ferent columns. I would label those two f States? As most of the pundits have columns. On the one side I would label b 2015 analyzed, it looks like it will be per- it the column called quality of life ISSUES AFFECTING AMERICA haps two appointments to the Supreme issues. Court that will come up in the next The quality of life issues are those The SPEAKER pro tempore. Under term. Those two appointments that are issues that probably don’t turn the des- the Speaker’s announced policy of Jan- anticipated will change the balance in tiny of America. They will change our uary 18, 2007, the gentleman from Iowa the court and perhaps have more im- quality of life and raise our standard of (Mr. KING) is recognized for 60 minutes. pact on the destiny of America, and I living perhaps and give us a little bet- Mr. KING of Iowa. Mr. Speaker, it is will say will be the legacy of the next ter security, but if we get them wrong, an honor to be recognized to address President. There will be big questions we can go back and try them again. you here on the floor of the United such as will Rowe versus Wade be over- One of those issues that I would put States Congress, as always, and I ap- turned? Will the States be then in a po- in the quality of life side of thing preciate this privilege. There are a se- sition where they can determine their would be the health care issue. That is ries of subjects that come to mind that policy on protecting innocent, unborn about all they talk about over on the I think it is important for you to con- human life? other side of the aisle, Mr. Speaker, ex- sider and for the Members and for The issue of marriage is coming for- cept for change, change, change, those onlookers that are here to con- ward here in this Nation. It is under as- change, and that may be what is in sider as well. sault across this country. It happens to your pocket, Mr. Speaker. But when One of those issues has been front be a bellwether issue within the State you don’t say what you would change and center in my mind and in my legis- of Iowa. Judge Robert Hansen over- to, you are just going to change from lative career as we watch these presi- turned Iowa’s Defense of Marriage Act. what we are to something else under dential debates that go on on both In that decision, he just unilaterally the presumption that doing something sides of the aisle, from the Democrat erased the will of the Iowa people and different, even if it is wrong, is better and the Republican side, and as we replaced it with his own. That case is than what we are doing now, isn’t good watch the caucus and primary season going before the Supreme Court. That enough for the American people. flow across the country, and as Amer- will be determined. The American people are going to ica waits with bated breath to see how If the decision of Judge Hansen is want to know what you would change this emerges, as far as who will be the upheld, Iowa then becomes the Mecca from and what you would change to, nominees on either side for the Demo- for same-sex marriage, because there is what you would make different and crats and the Republicans. not a residency requirement, which why and what is the rationale. That A series of issues that come to mind means then that weekend packages will be a requirement moving into the that stand out to me that I would ask from Las Vegas or San Francisco trav- general election. It may not be a re- you, Mr. Speaker, to consider as you eling to Iowa for same sex couples to quirement in the primary election, and as others take a look at where get married, and then they will go back that change. they might come down on their par- to their home States to file suit. But the issues in the two categories, ticular choice of nominees and the These are big issues, Mr. Speaker, the one category which is quality of things that are important here in the the issue of innocent human life, the life issues, and I put health care in United States of America, and I would issue of marriage, the institution, there. We can do some things with submit this approach, and that is that which goes all the way back to the health care, and I think we should. And there are a whole series of issues that Garden of Eden, and it is transcended if we get some of those wrong, we can are important to us and we talk about and that sacrament of marriage has back up and we can try again and try them and we debate them constantly. been preserved since before original sin to get it right. In fact, we have been But we often overlook the necessity to and it survived the great flood, but it is doing that for some time, and I expect prioritize those issues. under assault now from judicial activ- we will do that for some time. Health I will say there are roughly about 10 ists. Those, life and marriage, will like- care belongs in the quality of life side, big issues out there that get discussed ly be determined by the next two ap- not in the destiny side, because it prob- on the parts of Republicans and Demo- pointments to the Supreme Court. ably doesn’t change the destiny of crats as we turn the focus of America And will we have a President that America, but it something that has to towards who will be the next leader of understands that the Constitution do with our quality of life. It is impor- the free world, the next commander-in- means what it says and it means what tant.

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00257 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.139 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H284 CONGRESSIONAL RECORD — HOUSE January 16, 2008 It is important like Social Security and down and up and down. But all the his first term in office in 1993, was de- reform is also important, Mr. Speaker. while while that is happening, our bated in this Congress from $30 billion And we are here now with a bankrupt gross domestic product is increasing, down to $17 billion, and finally they Social Security program. It has been a people are earning more money, our concluded that $17 billion wasn’t couple of years since I have checked capital base is growing, and this econ- enough to make any kind of a dif- the numbers, but the Social Security omy that now sits here, as it has in the ference and they just kind of dropped trust fund, the last time I checked it past year, the dollar went out past his- it. was $1.74 trillion. That is how much torical limits a whole series of numbers Well, now we are up to about, one re- money this Congress owes the trust of times, it has grown exponentially quest I have heard was $300 billion to fund. from where it was 20 years ago. We put into the hands of people, borrowed The trust fund is in little bonds in have that much more assets to work money so it could be spent to stimulate Parkersburg, West Virginia, in filing with, an economy that is growing. the economy. Other arguments are cabinets. I have a copy of one. It says But if this category of our economic that we should cut corporate income $3.54 billion on this little piece of growth and our tax reform, if we get it tax and capital gains and a few other paper. It is an IOU from the govern- wrong, we can back up and try again. things, and I do support those changes. ment written to the government. But We have been backing up and trying it But what needs to happen, Mr. we haven’t prepared to pay the Social again for over 200 years here in Amer- Speaker, is the Bush tax cuts need it to Security liability that accrues starting ica. be made permanent. The two tax cuts as we go into the red, the deficit spend- So I will submit that tax reform also in 2001 and 2003 saved us from I believe ing in 2016 or 2017, and then by 2042, all belongs over here in the category of a severe recession and perhaps a de- of the surplus is spent and now we are quality of life issues, issues that are pression because there was enough vi- digging ourselves an even deeper hole. important to us, issues that have to do sion in the eyes and in the mind of But it happens to us in 2016 and 2017, with whether we will be in a boom or President Bush that we were under as- because already the Social Security whether we will be in a decline, and sault from a lot of ways. One was al trust fund couldn’t be trusted. That how much prosperity might be there Qaeda. The financial center had been money has all been spent, and we have and how we provide a tax program that attacked, and the things that had been simply written ourselves an IOU and takes the burden off of sectors of the designed to drive us down needed to be we have decided to take the paper out economy so that they can earn, save stimulated back the other way. of this pocket, write ourselves an IOU and invest and expect a return off their So we did those tax cuts in 2001. We of $1.74 trillion and take it and put it investment. But I don’t think the tax did them in 2003. And this economy has over in this pocket, because there is reform issue is a destiny issue. I think boomed. Sometime last April, this gov- nothing in this trust fund. it is a quality of life issue. ernment collected more money in a It is important that we address the While I am on that subject, Mr. single day than had ever been collected reform of Social Security, but if we Speaker, I want to address this issue before, stimulated by tax cuts. don’t do it this year or next year or 4 that is before this Congress about b 2030 years from now, it gets harder and whether there is going to be some kind harder, but it probably doesn’t change of a check, a payout to everybody to And today we are hanging in the bal- the destiny of America. So I put that stimulate the economy. Will we send ance. The whole series of tax cuts over also in the quality of life side somebody a rebate on their taxes and winds down in 2010 and disappear and along with health care. give everybody $200 of walking around expire because they were set up to sun- Then we come to tax reform. I am lis- money so they can go out in the streets set, and politically that was the way tening as my colleagues debate this and buy some Gucci bags and go to the that they were sold. And, of course, if around in committee and on the floor, massage parlor, like what happened those tax cuts sunset, they become tax Mr. Speaker, about what we will do with some checks that went to the increases; and those tax increases will about this impending recession. Well, southern part of the United States not be tax increases on capital gains, there the first question is, are we in a reces- that long ago? Is that a way to get us will be a personal and corporate in- sion? And I can’t quite hear somebody out of that economy? come tax. There will be tax increases say yes, we are. When I think about that, I back up to on the estate tax, the death tax. And Most of the time we don’t know we 1992, Mr. Speaker, when Bill Clinton all of those things are in the way they are in one until we look back and real- was elected President. He came into prevent people from planning, they ize that we were, Mr. Speaker. So I am this city, was inaugurated in January take away their confidence in this not going to submit that we are in a re- of 1993, and immediately he said to this economy. And when you take away cession today. I would submit though Congress, I need a $30 billion economic confidence in an economy, the result is that we are constantly on our way into incentive plan, because the recession people don’t invest, they don’t expand, one. We are either on our way to a that had been kind of illustrated and they don’t create jobs. And if you are boom or on our way to a bust or some probably was part of the imagination not creating jobs and if you are not minimized version of either. of the political campaign, I will argue able to increase wages and benefits, So, yes, we are likely, since we have it didn’t really exist, but in order to then the money that is in people’s had this long, long period of unprece- get rid of it, he had to have this cre- pockets diminishes and they spend less dented growth here in America, ation of this recession, President Clin- money and this economy collapses chances are we are going to have to ton needed an economic incentive plan. eventually. make some corrections. And this econ- So he asked this Congress to appro- Extending the Bush tax cuts and omy is not an economy, and no free priate $30 billion to go into make-work making them permanent would be the market economy has ever been, the projects, make-work projects that we single most effective thing we could do kind where you just simply said we are might see today as AmeriCorps. In to cause this economy to turn around going to grow this economy out, let’s fact, I think it actually came out of the other way and head back up again just say 3.5 percent a year, and we will that inspiration. But the idea was to for another long period of economic lay the ruler on the graph, lift it up to borrow $30 billion and put it into the growth. The single most important a 3.5 percent growth and strike our- hands of Americans and have that thing this Congress has a chance to do, selves a line out there and say we are money be spent out into the streets of and I believe that as history looks back going to be on target every single day. America, and then now this recession on this time they will say, you had It doesn’t work that way, Mr. Speaker. that he thought we were in would be your chance, this was it. And I submit, The way it works is that you have solved because money would be spent Mr. Speaker, we should take that little periods of growth and little peri- into the economy and stimulate the chance. ods of decline, and as the graph ratch- economy. But back to this subject at hand of ets its way up, if you look at it in more Well, the $30 billion economic incen- these quality of life issues. Tax reform of an illuminated perspective, it looks tive package that was requested by is quality of life, because the dynamics more like a sawtooth, where it goes up President Clinton in the first month of in the economy are tied to it. Health

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00258 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.140 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H285 care is quality of life, because the very up the leaders of today. And the cul- same values so that they would go out care that we get that gives us this ro- ture of a generation ago was the cul- and go to work every day and they bust health that we have enjoyed ture that raised up the leaders of a gen- would carry the values of our faith and comes from the policies we put in place eration ago, and so on, and so it goes as our family and our freedom. there and the incentives we put in you look back through the history of A lot more freedom has been injected place, and a lot of it is getting the reg- America all the way back to before the into this society, a lot of it through ulations out of the way. And reforming Revolutionary War. So each generation the 1960s, and not just sexual freedom Social Security is another quality of is built upon the previous generation, but freedom that has to do with illegal life issue. Those issues over on that and the leaders of each generation are drugs and freedom for a lifestyle that side, quality of life, let’s weigh them produced and raised up by the culture, is far more permissive than the life- for the importance that they are. by the values of the current time. style that was permitted in the envi- But the decision that we are making And today, the values of the United ronment that I grew up in, Mr. Speak- in this Presidential race isn’t a deci- States of America in their aggregate er. Those are cultural changes. Our sion necessarily about what the quality raise up the leaders that come in here music reflects it, our literature reflects of life will be for the Americans that to serve in this United States Congress. it, our movies reflect it, and our tele- live in the next 4 years, the first 4 The culture of every 435 districts pro- vision reflect the shifts and the dif- years of the next term, or the next 8 duces the leader that represents each ferences in our culture, and they re- years for that matter. This decision is of the 435 districts; and the cultures in flect the differences in our values. far more important than our quality of the States produces the Senators, two For example, could one imagine that life that will take place between 2009 for each of the 50 States that go to there would be sitcoms and serial pro- and perhaps as late as 2017. serve in the United States Senate. And grams on TV that have to do with No, Mr. Speaker, the decision the the values of the congressional dis- same-sex marriage or same-sex rela- American people need to make is a des- tricts and the values of the States are tionships even 10 years ago, let alone tiny decision. We need to be making a the values that, at least presumably, 20, 30, 40, 50 years ago. And I would say decision in this country about who will are embodied within the people who are maybe 10 years ago, not much earlier be the best leader in the free world elected to come and serve in this than that could one have conceived of that moves us forward, that lays the United States Congress, Mr. Speaker. such a thing. That is how far this soci- foundation down on the tracks so that The culture raises up the leaders, and ety has been moved quickly, much of it the next generations will have that the leaders reflect the values of their by the courts, much of it by the liberal foundation to build on so that they can time and their place. And then the de- media in the movie industry and the achieve the American Dream and they cisions that are made by the leaders, television entertainment industry. But can aspire to leaving the world a better and I will take this to the decisions the permissiveness is different than the place than it was when they came, as made by the President of the United society that I grew up in, and our val- we have had that responsibility handed States, lay the foundation and alter ues have changed. to us from our fathers and our fore- the culture and shift the values and set Now, I am not one of the people who fathers. sits over on that side of the aisle and But I want to make an argument the principles that shift the culture for believe that change itself is a goal. I here, Mr. Speaker, about how impor- the next generation. And if we shift am one who thinks that we should be tant this is, in a sense of this country this culture now, the next generation rooted in our values; we should identify that we are that is America. will react to it, will reflect the new First of all, the Founders came here values of the new culture that has been the central pillar and all of the other to the United States of America and changed by the decisions made by the pieces of the foundation of American they had a vision. That vision first was leaders today. exceptionalism, and we should refur- that our rights come from God. They That is why it is so important that bish those pillars of American don’t come from humanity. They are we turn our focus to the destiny issues exceptionalism and we should diminish not endowed upon us by a king or a for- and begin to ask the question, who will those things that undermine those pil- eign prince and potentate. They are best lead this country? Who will best lars of exceptionalism. But the permis- not endowed upon us by a dictator. Our lay the foundation for the decisions siveness that has grown has changed rights come directly from God. And that will be made that will affect the our culture. And because of that, it is they come directly to the people. And formation and the shaping of the val- reflected here on the floor of Congress, then the people hand that responsi- ues of America which are our culture? and in such a way that I can go to St. bility over to government to govern Who will make those decisions? Peter’s Square and go to communion them, but always under the will of the And as I look forward into this, I will with more than one Member of Con- people and always with the rights that argue that those are the destiny deci- gress, and then next week come back are guaranteed to the people. And if sions, Mr. Speaker, those issues that here and on the floor hear one of those this foundation of this great Nation, change the destiny of America. And Members of Congress who walked to those values that we hold dear are di- when the destiny of America is communion with the new Pope Bene- minished, if they are eroded, if we changed, it shifts the culture, and the dict XVI, a very pro-life faith that we don’t build upon that foundation, the foundation of the culture will be the have, and have that Member that went next generation doesn’t have a good foundation that our entire culture to communion come to the floor and foundation to build upon. grows from, that young people learn argue that there should be a constitu- The culture that is created from the about. tional right to partial-birth abortion. Constitution and from our religious Now, this menu of life that I had What a twist and a shape in our civili- values and our values of family and when I was a young boy in the early zation and our society. faith and freedom and free market 1950s in Iowa, Mr. Speaker, was not What that says about the foundation economy and property rights, if this quite such a varied menu of life as our of our culture, that is something that culture that is the culture of the young people growing up in America has got to be shifted back, Mr. Speak- United States of America that has have today. I had a very, very bright er. It has got to be shifted back, and it within it the vitality of millions of im- black and white list on what was right needs to be changed at the Supreme migrants that came here legally, that and what was wrong, and what I could Court level and all the Federal courts have injected their vitality into this do and what I couldn’t do. And it cov- all the way down. overall American culture with an ap- ered a whole gamut of things between When we have law schools in America preciation for the host country that is telling the truth and working industri- that teach the Constitution from case here and an obligation that they hap- ously and helping my fellow man and law and not from the text of the Con- pily provide, which is to give back to having a strong, faithful Christian stitution; if they presume that the stu- this country, the country that so glad- background, and having a duty to my dents that come there read the Con- ly welcomed them. father and my mother and later on my stitution and understand it, I don’t This vitality that is this Nation, this wife and my children, and knowing know where they think they got the vitality of this culture is what raises that I needed to teach them in these education. But when they teach that

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00259 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.142 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H286 CONGRESSIONAL RECORD — HOUSE January 16, 2008 the case law controls and the text of firmation of those kind of judges, at up in Roe v. Wade. Next week when we the Constitution does not control, that some point the law schools will have to mark that 35th year, 50 million babies is something that has got to have a start teaching the Constitution for aborted before they had an opportunity dramatic shift if we are to have any what it says, not for what some piece to breathe free air and contribute to guarantee. And when I realized that, of case law might say about that Con- this society and have been denied the and I know that we have three or four stitution. And I think we should be right to life. members, maybe even more, of the Su- able to drill back to the Constitution Marriage is being attacked from all preme Court that think that the Con- and always anchor it in the text of the sides, mostly within the courts because stitution is this living, breathing docu- Constitution. If we get appointments they understand that they cannot win ment that is there for them to manipu- to the Supreme Court that do so, we these cases to the legislatures across late at their will, and when I think of can transform the guarantees that we America, and they can’t take their the prospect of one or two or more jus- have, and we can change the dynamics case to the United States Congress. tices in the Supreme Court potentially within all the law schools in America, But it changes the destiny of a coun- being nominated by a liberal President and we can change the understanding try if you destroy marriage. Some will and confirmed by a United States Sen- here in the House of Representatives, say why am I worried about two people ate that believe that the Constitution and we can change the understanding of the same sex getting married and can mean what a judge wants it to of the Constitution in the United moving next door to me; it doesn’t af- mean, especially if it is an activist de- States Senate, and we can go back to fect my life. It may not affect my life cision because of a judge that might those fundamental guarantees. Because if that were my neighborhood either. conclude a result rather than the text, after all, Mr. Speaker, if the Constitu- And I don’t know that I would take a I think that is wrong, Mr. Speaker, and tion doesn’t mean what it says it personal objection to that. I think it puts our constitutional guar- means, if it is there, something that But I would ask, Mr. Speaker, that antees at risk. only a judge can determine is in the people step back and take a broader We have an issue before the Supreme emanations and the penumbras of the look and think about how the culture Court that was just heard the other Constitution itself, if that is all it is, gets shifted and changed, and think day on the second amendment, and then what guarantees do we have at about the menu of life that little kids there was an amicus brief that was of- all? Is the Constitution then some ar- would have in a society where we fered apparently before the Court and chaic document? Or is it a tool to be would see a court impose same-sex by the White House that the second deployed by activist judges only for marriage on America. If you can make amendment is an individual constitu- them to decide when they will amend the argument in court that two men tional right, but it could be regulated the Constitution? Or is it a guarantee ought to be able to get married and ac- by political subdivisions, by cities or to the people of the United States as it cess all the benefits that are saved counties or States. And I could argue was designed to be? right now, preserved, protected and that if you are going to guarantee my I would submit that if the Constitu- promoted for a man and woman joined second amendment rights but tell po- tion were offered to the American peo- together in holy matrimony because litical subdivisions that they don’t ple to be ratified with a little caveat the State has an interest in promoting have to respect that constitutional there that, well, the judges will be able marriage because that is a crucible right, that it is no right at all. And we to rewrite or define it whenever they through which we pour all of our val- need judges that understand that. We see fit, it would have never been rati- ues. But if we open that up to a man need appointments to the Supreme fied by the several States and would and a man or a woman and a woman, Court that understand that this Con- not be the document that has held to- what standard do we draw the line stitution means what it says, and we gether this free country that we are. upon next? What standard do we say it need Federal judges appointed all the can’t be two men and a woman or two way down the line with that philos- b 2045 women and a man, or three women, or ophy. Destiny issues, Mr. Speaker. The ap- a brother and a sister and a mother? I dream of the day that, for example, pointments to the Supreme Court, the Where do we draw the line? when Justice Roberts went before the next one or two or perhaps more ap- I recall some testimony before a United States Senate and he spoke pointments to the Supreme Court, will hearing in the Judiciary Committee a about his beliefs in the Constitution redirect the destiny of America. couple of years ago, the now chairman and his understanding of case law, he We either go into the abyss of judi- of the Finance Committee said, Well, it went through that confirmation. And cial activism, the judicial activism would be two consenting adults. Two when he handled that in an exceptional that found a right to privacy that consenting adults doesn’t satisfy a fashion, it was extraordinarily impres- didn’t exist, a right to abortion that standard here in America. Two con- sive and absolutely worthy of the Chief didn’t exist, and a Roe v. Wade decision senting adults could be twin brothers, Justice of the Supreme Court. I that was poorly reasoned and an unjust a brother and a sister, a mother and a thought I detected a tone that was mandate on the American people that daughter, a mother and a son, a father more constitutional in Justice Alito’s has taken us down this path where next and a daughter. Those things would all confirmation hearings, when I recall week will mark the 35th year of Roe v. be rejected and objected to by society’s him speaking more openly about the Wade. We have already marked the 50 norms today. Constitution meaning what it says, and millionth innocent little unborn baby But is this about breaking down soci- having less deference to case law and that has been aborted and not given a ety’s norms? Is it about breaking down more deference to the text of this Con- chance at life. our values? Is that really the agenda stitution. And I dream of the day that, The solutions to our problems are in over here on this side of the aisle, Mr. in order to get confirmed to the Su- the generations that will come after Speaker? I will submit it is. The agen- preme Court or perhaps confirmed at us, and 50 million have been denied this da is change, change, change. Change any Federal court level, Mr. Speaker, opportunity to breathe this free air in sells at every one of those Presidential that an appointee would have to pro- America, creating a sin against this rallies across the country because that fess belief and conviction in the text of Nation and a hole in our heart and a is the mission of that side of the aisle. the Constitution rather than the def- vacuum that is filled by tens of mil- Change for what purpose? erence to case law that may have been lions of illegal immigrants that have I will submit that if I had a magic manipulated by liberal judges that come across our border. And we can’t wand and an infinitely long list, and I have come before them. talk about that openly, Mr. Speaker, could say that Speaker PELOSI and the Those appointments to the Supreme because it becomes a reactionary people whom she works with and those Court, if we are successful in con- thing. philosophically aligned with her, you firming those judges that believe the But we should put the whole formula can make me a list of all the things on Constitution means what it says and together. The quality of life issues pale your wish list, and I will assume here that it is not a living, breathing docu- in comparison to the destiny issues, in fantasy land that I have a magic ment, if we get appointments and con- and the destiny of America is wrapped wand and I can grant every wish.

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00260 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.144 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H287 So here we are in the middle of Janu- ment, are reserved for the States and icy that attracted people to come into ary, and you can spend all year long the people, respectively. That devolu- the United States that had a dream. putting that wish list together, Madam tion of power down to the States, that And many of them sold themselves into Speaker. When it comes midnight, all idea called federalism, the States’ indentured servitude for perhaps 7 of the things that you want to change, rights idea need to be preserved and years just to get a boat ride from Lon- the full breadth of the imagination of promoted by the next President of the don to Baltimore, for example, and your wish list and all of your ideolog- United States. We need to understand went to work and worked off their pas- ical colleagues, put that list together basic fundamental principles. sage because they knew that they and submit the list, and when the ball But the destiny of America is going could become free and they could then drops in Times Square to turn us into to be tied to our ability to be able to go to work here and build a dream and the new year 2009, at the stroke of mid- produce leaders that make decisions raise a family. night, with the help of the magic wand, today that lay the foundation, that I look back at my ancestors and what could grant every wish on the wish list, shapes the culture that tomorrow they have done, and most, if not all of I would argue that should that happen, raises up tomorrow’s leaders who will them, have participated in that dream. and the deal would need to be you get then lay the next layer on top of that But from every donor culture in civili- your wish, but now you have to be foundation. zation, we got the vitality of that cul- quiet for the rest of your life. You fill And if we get it wrong, if we get a ture and civilization. out your wish list, and now you are flaw, if we get a rotten piece in the The people who didn’t have a dream, going to have to be satisfied and live foundation and we have to build upon didn’t find a way to get on a boat and with the results of your request, and that, we can’t go back and take that come to the United States, they sat maybe even the consequences of your section back and reform and reshape back where they were. They were con- request, but just the results. and repour it. The destiny issues we tent to live within that society and en- If that happened and the wish list are stuck with. They are our decisions vironment that didn’t provide the op- were achieved at midnight, December and we have to live with them, and portunities that were here because 31, 2008, at the stroke of midnight on that’s why it is important. they didn’t want to take the risk or the new year of 2009, and the deal was So as I have spoken about Roe v. they didn’t have the energy or just no more complaints, you have to be Wade and life and marriage and ap- didn’t share the dream. And I don’t say happy you have finally gotten every- pointments to the Supreme Court and that, Mr. Speaker, to diminish anyone thing you wanted, now and forever, or emphasize how important that is and who didn’t come to the United States. even for a decade or a generation, that how essential that we have a President I say that to identify that we skimmed team that put the list together would who makes those appointments, and the vitality off the top of every donor stay up the rest of the night not cele- when he closes the door of the Oval Of- civilization that sent people here brating but looking to see what it was fice after all of the lobbyists have come across the world. And they came here that they forgot to change. What they and gone and after all of the political with an extra vigor and energy and wanted to tear down of society’s values supporters and advisor and the chief of dream, and we found a way to bring today or what they forgot to change for staff and all of the people that advise them together and assimilate them tomorrow. the President, when they are all done into a common culture, this greater There is no anchor. There is no philo- weighing in and the door closes on the overall American culture. And when sophical anchor. There is no philo- Oval Office, I want a leader in that of- they got tied together, they latched sophical core because the core changes. fice that I know shares my core values, onto that opportunity and got in the For me and for my colleagues, we have Mr. Speaker. I want a leader in that of- harness and went to work. We found a a philosophical core, Mr. Speaker. This fice that I don’t have to wonder about vitality here that had never been cre- core is rooted in our constitutional val- whether he is swayed by someone’s spe- ated in any society or civilization any- ues and the values that are laid out by cial interest or whether he is swayed where in the world. That is often a our Founding Fathers and the rights by some temporary benefit or some missed component of American that come from God and the values trade or some deal or some bargain or exceptionalism is the vitality that that are taught through the family something other than the best inter- comes from the donor civilizations that that is joined together in holy matri- ests in the long-term good for the sent legal immigrants here to the mony. And the ethics of faith and wor- United States of America as grounded United States. That is a vitality that I ship and freedom and hard work and in our core values and understanding want to preserve and promote and pro- the obligation to leave this world a the very principles that this Nation tect. better place than it was when we came, was founded upon and the necessity to Another one of the reasons that we that achievement of the American adhere to those core principles and have been able to be a successful Na- Dream, that laying out a culture that move forward and build another layer tion, because we are a Nation not of raises up the leaders for the next gen- of a sound foundation. men but a Nation of laws, of all of the eration that will lay a new foundation That’s what I want in a leader, Mr. pillars of American exceptionalism on top of the old one so that the next Speaker. And those will be appoint- that I have mentioned, the central pil- generation can build on that and ments to the Supreme Court that will lar of American exceptionalism, Mr. achieve the American Dream, all of shape the foundation of our culture and Speaker, is the rule of law. If we do not that is wrapped up in the value system our destiny. protect and preserve the rule of law, of the people that I go to conference But another component of this, an you can only then go back to what with, the constituents that come out essential core component of this, as I kind of political influence you have: day after day after day to talk to me, mentioned earlier, of all of the pillars who do you have favor with, who can to talk to nearly a multitude of Presi- of American exceptionalism, the pillars you get to do you a favor, who can you dential candidates that went across of faith and family and freedom and get to set aside a law, and who will be Iowa for the past year or more. the Declaration and the Constitution immune to the law. These values matter. These destiny and the free-market economy and prop- In this country, justice has always issues matter. The next two appoint- erty rights and the devolution of power been equal for everyone regardless of ments to the Supreme Court matter, from the Federal Government down to their economic or their social status or and those will be the appointments the States and the States’ rights as their ethnicity or their national origin. that will uphold all of our constitu- separated within the 10th amendment, If you are a member of the human race, tional rights. They will uphold our sec- all of those issues are pillars of Amer- you get the same version of justice in ond amendment rights, for example. ican exceptionalism. America and the same opportunity in And our rights to freedom of speech And another pillar would be the vi- America as anybody else. And it has and religion and assembly. And they tality that comes with legal immigra- not been about equality of results; it will understand the 10th amendment; tion. We have had the privilege in this has been about equality of opportunity. the responsibility that the power is not country of having, for the most part of Those protected civil rights that are designated for the Federal Govern- our history, a smart immigration pol- identified in title VII of the Civil

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00261 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.145 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H288 CONGRESSIONAL RECORD — HOUSE January 16, 2008 Rights Act are there, and they need to nesty is, too, and we’re going to also the Congressional RECORD. It’s gone be protected so everyone has an equal argue that we have to grant amnesty, through the House Judiciary Com- opportunity. or otherwise we can’t accomplish the mittee. To grant amnesty is to pardon And the rule of law gives us that goals that we’d like to see with immi- immigration lawbreakers and reward guarantee that we can work within gration reform. them with the objective of their crime. that environment and that rule of law If they would have made that argu- Pardon and reward. Pretty simple con- will protect our property rights and let ment, Mr. Speaker, and I don’t make cept. us build, earn, saving and invest. But if that argument, but if they had, their If people are here in the United we become a society and a civilization argument would have had a lot more States illegally, and the Senate gets that has disregarded the rule of law credibility. But instead, the proponents their way, well, they actually voted it and perhaps created contempt for the of comprehensive immigration reform down over there, so some in the Senate rule of law, I believe that central pillar sought to redefine the term amnesty, who at least were aggressive enough to of American exceptionalism would and they got bogged down in trying to advance this got their way, then they have been removed from our society or tell the American people that the word would have pardoned the immigration diminished or eroded to the point that we understood to mean amnesty meant lawbreakers en masse, by the tens of it no longer has the credibility that it something different. millions. has, let me say that it had, 20 years They argued that, well, it’s not am- While I’m on that subject, you know, ago. nesty if somebody has to pay a fine. we’ve been saying here in this Congress It’s not amnesty if you make people for at least 5 years, there are 12 million b 2100 learn English. It’s not amnesty if you illegals in America. Twelve million. I believe that pillar called the rule of require them to pay their back taxes or It’s interesting to me that last year we law needs to be refurbished and re- pay their bills or be an honest citizen stopped 1,188,000 illegal border crossers strengthened because it is essential for and not get locked up and be convicted on the southern border; that’s the Bor- America to continue to be an excep- of a felony. der Patrol doing their job. And most of tional Nation. For us to continue to be Mr. Speaker, they argue that if you them self-deported, volunteered to go a leader in the free world, the leader in required all of those things, it wasn’t back to their home country. Most of the free world, we simply must pre- amnesty. And so of all of those things them went across the line to the south serve and protect and refurbish the that I’ve mentioned, those are required to their home country; about two- rule of law. of people that would come here legally thirds of them did. So we’ve stopped So as I look to the 1986 amnesty bill to become an American citizen, includ- 1,188,000. that was signed by Ronald Reagan, de- ing pay the fee in order to be natural- And according to testimony before fined as amnesty, and if you lay the ized. the House Judiciary Committee, the components of that bill down alongside By the time you add up the dollars Border Patrol says they stop a fourth that are required to come into the the components of either one of the to a third of those who try. So that United States legally and achieve a two Senate versions of the comprehen- means, and you do the math, about 4 lawful permanent resident status and sive immigration reform bill, the million tried to go across the southern the fees for a green card, and the fees McCain-Kennedy bill, that’s probably border. Most of them made it. Two out to be naturalized as a citizen, you’re the one that most often defines it, the of every three, or three out of every pretty close to the dollar figure that components of those bills, when you do four made it. You kind of do the math they first proposed would be necessary a side-by-side comparison match up al- on that, 4 million border crossing at- in order, if you’re here illegally, to buy most identically. The 1986 amnesty tempts, and that works out to be about your way into legality. It’s lawful per- bill, the McCain-Kennedy comprehen- 11,000 a night trying to get across our sive immigration reform bill match up manent residence, a green card, natu- ralization, citizenship of the United southern border, most of them making side by side, piece by piece almost all it, the significant majority of them the way down. States for sale for paying a fee that they called a fine that they said that making it across the border, 11,000. President Reagan called it amnesty. I Now, what does that mean? Four mil- they are going to absolve the issue of remember the debate in New Hamp- lion in a year. 11,000 a night, Mr. shire the other night where it was al- amnesty. Now, the American people under- Speaker. To put that in context, I just leged that anybody that says that any- stand this, that when you commit a ask the question, how large was Santa one who supports comprehensive immi- crime in America, there’s a penalty for Ana’s army? And go back and read the gration reform in the Senate, or that that that’s listed in the penal code, historical reports. Most of them will anyone who calls comprehensive immi- whether it’s a Federal law or whether fall between five and 6,000 was the size gration reform in the Senate amnesty it’s a State law. And the penalty that’s of Santa Ana’s army. is a liar. That came out in the debate. listed needs to be the one that’s applied So every single night, coming across Mr. Speaker, that offends me, be- to the perpetrator upon conviction. our southern border, on average, and I cause I know what amnesty is and the You can’t go rob a bank and be look- say night, not day, because most hap- American people know what amnesty ing at life in prison for robbing a bank, pens at night, the equivalent of twice is. And either of the two versions that and after you rob the bank, they come the size of Santa Ana’s army, 11,000 were presented in the United States along and change the law and say, well, come pouring into the United States il- Senate last year was amnesty. And I now the penalty is only going to be a legally, accumulating at a rate a lot don’t know how anyone can argue oth- year in prison rather than life in pris- faster than not just 12 million 5 years erwise, except to go back to the Presi- on. If you did that for a whole class of ago, but a number that I believe today dent’s speech in about January 6 of people, that would be amnesty. If you significantly exceeds 20 million illegals 2004; that was the first aggressive ef- said to the bank robbers, you’re going in the United States of America, put- fort to roll out comprehensive immi- to have to pay a fine now instead of ting pressure on our social services, gration reform. That speech attempted being locked up in prison for 10 or 20 putting pressure on our health care, to redefine amnesty, and there’s been years or life, and you did that to a putting pressure on our schools, put- an attempt on the part of the adminis- whole class of people, that’s amnesty. ting pressure on our infrastructure, our tration and the open borders crowd to The distinction for amnesty gen- utilities, our roads, our streets, our redefine amnesty for the last 4 years. erally comes into, are you going to sewers, our lights. You just can’t trump Noah Webster, waive the penalty or reduce the pen- We’re building infrastructure to ac- Mr. Speaker. People in America know alty for a class of people for a crime commodate for people that if ICE got what amnesty is. And if you wanted they’ve already committed under a dif- there first wouldn’t be there to put comprehensive immigration reform, ferent penalty clause, a different pen- pressure on our infrastructure. And which I’ll call comprehensive amnesty, alty phase? If you do that, you’re under the guise of what? The idea that then you should have just stepped up to granting amnesty, Mr. Speaker. the argument made by the open bor- it and said, yes, we’re for amnesty, and And what is amnesty? I’ve defined ders crowd, by the comprehensive am- we’re going to define for you what am- this many times. It’s many times in nesty people, and that would include

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00262 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.146 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H289 everybody on the Democrat ticket and ment lines and it’s training and it’s same amount as a teacher. Today, some of the folks on the Republican education and it’s letting the market they’re making about half as much as ticket for President, Mr. Speaker, ad- work; letting companies that need a teacher is making, and they can’t vocating that we need to legalize tens labor go out there and do the recruit- make it any longer. And so society of millions of people here. And I guess ment, do the training. pays the burden of health insurance you can eliminate law breaking if you It’s never been easy. And I’ve been an and that burden on the schools on our just eliminate the laws. employer most all of my life. I met infrastructure, while the companies get They argue that this economy can’t payroll for over 28 years, 1,400 some a discount on their labor. prosper if we don’t have massive consecutive weeks. And I can remem- We need to think this thing through, amounts of cheap labor, and that if ber recruiting in the high schools and Mr. Speaker, and we need to hold the they all went home tomorrow this around and making sure that I had a Presidential candidates, whether economy would collapse. good program out there so that we they’re Democrats or Republicans ac- Mr. Speaker, I’m here to put this could hire good people. I didn’t always countable. We need to ask them, please into perspective for the American peo- make the best decision. But we were define amnesty. Accept my definition; ple. You have to think of this United able to put together a good, reliable to pardon immigration lawbreakers States of America as one big company. work force because that was part of our and reward them with the objective of 300 million people here. And of those operation. their crime. Pardon and reward. Accept 300 million people, we have a work Today the argument is, well, no, we that definition, take the oath not to force of about 142 million. And out of don’t have people lined up for these promote amnesty, to veto any bill that that work force, about 6.9 million of jobs, and so, therefore, that proves we might come before their desk that is them are illegals working in our econ- need to open the borders some more. amnesty. Let’s have a little tighter omy, 6.9 million of the 142 million. Well, of course they’re not lined up for labor supply in America. Let’s re-es- If you do the math, you’re going to the jobs. Of course they aren’t; not if tablish the sovereignty of the United come down to around 4.7 percent of the you’re not going to pay them the wages States of America by building the fence work force is illegal. And of that 4.7 that it takes so that people can take and end birthright citizenship, and apply our laws in the workplace to percent, since they’re lower skilled care of their families and pay their way shut off the jobs magnet. people, on average, they’re doing only in this society. 2.2 percent of the work. Supply and demand. And we’re b 2115 So, if you’re managing a factory and watching the middle class in America Let’s let attrition kick in and let say you’re a good manager and you collapse because of a flood of cheap people make a decision to go back to show up at 7:30 in the morning and labor coming in on the low side of the their home country. They got here on your employees clock in at 8 o’clock economic spectrum to provide cheap their own; they can go home on their and the production lines have to start labor in the factories for the elitists in own. and you run from 8 till 5 and you work America who are increasingly moving We have got to build a country for 8 hours and you kick product out the into gated communities and sending America. We have to have an immigra- door and you load it on trucks and it their children to Ivy League schools tion policy that’s designed to enhance has to go every day in an 8-hour shift, and believing that their descendants the economic, the social and the cul- you have to produce the gross domestic will all be able to live in the upper tural well-being of this country, and we product of that company. crust and have cheap labor to take care need to export our values to other Well, this Nation has to do the same of their yards and their mansions and countries so they can build on the thing equivalently. So, at 7:30 in the the labor in their factories, while the same dream. If we do that, not only morning, if you, as a manager of a blue collar person in America, the one would this Nation be a greater Nation company, discovered that 2.2 percent of who, of the 16 or 17 percent of Ameri- but this planet and the people on it your work force, remember, that’s the cans who are high school dropouts, the will be better off, and we will have percentage of the work that’s being American citizens that decide that edu- achieved the American dream. done, not the percentage of the work cation isn’t in their future, but would We will have not just left this Nation force; but if 2.2 percent of your work like to go work in the local factory, a better place for the people that come force wasn’t going to show up, it would punch the time clock and go in there behind us; we’ll have left this world a take about 5 minutes to type out a and do an honest day’s work for an better place for the people that come memo that would go to all the depart- honest day’s pay, that dream that was behind us. ments in your company that would say, achievable 20 years ago, that dream With that, Mr. Speaker, I thank you we’re going to have to make up for a that would allow them, the blue collar for your indulgence. loss of 2.2 percent of our production people, lower educated people with a f today and every day until we can hire good work ethic to be able to punch the CORRECTION TO THE CONGRES- enough people to replace those 2.2 per- clock and do a day’s work for a day’s SIONAL RECORD OF TUESDAY, cent that didn’t show up. pay and buy a modest house and raise JANUARY 15, 2008 AT PAGE H4 And my memo would say this. Your their family and go fishing and go to coffee break in the morning isn’t going the ball game and do those things and to be 15 minutes today; it’s going to be be part of this society, that dream is APPOINTMENT AS MEMBERS OF 91⁄2 minutes. And your coffee break this almost gone, Mr. Speaker, because COMMITTEE TO NOTIFY THE afternoon isn’t going to be 15 minutes, those jobs have been flooded and di- PRESIDENT, PURSUANT TO it’s going to be 91⁄2 minutes because we minished by low skilled labor pouring HOUSE RESOLUTION 913 have to pick up 2.2 percent of the pro- into America. Labor is a commodity Pursuant to House Resolution 913, duction if you’re going to go home at 5 like corn and beans or gold or oil. And and the order of the House of January o’clock. the value of it will be determined by 4, 2007, the Chair announces the Speak- Now, I made that management deci- supply and demand in the marketplace. er’s appointment of the following Mem- sion today because you might have And when you flood lower skilled jobs bers to the Committee on the part of plans, but we can decide to work till 11 with low skilled people, you’re going to the House to join a committee on the minutes after 5 every day and you can see wages go down. They’ve, in fact, part of the Senate to notify the Presi- get your full coffee break morning and gone down in some of the categories. dent of the United States that a afternoon. But 2.2 percent of the work, And unemployment in America has quorum of each House has assembled if all the work in America was done in gone up within the categories of the and that Congress is ready to receive an 8-hour day, amounts to 11 minutes lowest skill. There’s direct evidence in any communication that he may be out of an 8-hour day. That’s the impact this economy that the flood of cheap pleased to make: of the illegal labor in our work force labor is holding wages down. The gentleman from Maryland, Mr. here in America. Twenty years ago, people that HOYER, and And the rest of it’s just distribution, worked in the packing plant in my The gentleman from Ohio, Mr. Mr. Speaker. The rest of it’s recruit- neighborhood were making about the BOEHNER

VerDate Aug 31 2005 06:27 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00263 Fmt 4636 Sfmt 0634 E:\CR\FM\K16JA7.147 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H290 CONGRESSIONAL RECORD — HOUSE January 16, 2008 LEAVE OF ABSENCE (The following Members (at the re- Mr. JONES of North Carolina, for 5 By unanimous consent, leave of ab- quest of Mr. DEFAZIO) to revise and ex- minutes, January 23. sence was granted to: tend their remarks and include extra- Mr. BURGESS, for 5 minutes, today. Mr. BARROW (at the request of Mr. neous material:) Mr. DREIER, for 5 minutes, January 17 HOYER) for January 15 on account of Ms. WOOLSEY, for 5 minutes, today. and 18. codel to Iraq. Mr. CUMMINGS, for 5 minutes, today. Mr. FRANKS of Arizona, for 5 minutes, Mr. TANNER (at the request of Mr. Ms. KAPTUR, for 5 minutes, today. January 23. HOYER) for today on account of per- Mr. DEFAZIO, for 5 minutes, today. Mr. GOHMERT, for 5 minutes, today. sonal illness. Mr. HIGGINS, for 5 minutes, today. f Mr. CULBERSON (at the request of Mr. Mr. STUPAK, for 5 minutes, today. BOEHNER) for today on account of ill- Mr. SPRATT, for 5 minutes, today. ADJOURNMENT ness. Mr. OLVER, for 5 minutes, today. f (The following Members (at the re- Mr. KING of Iowa. Mr. Speaker, I quest of Mr. GOHMERT) to revise and ex- move that the House do now adjourn. SPECIAL ORDERS GRANTED tend their remarks and include extra- The motion was agreed to; accord- By unanimous consent, permission to neous material:) ingly (at 9 o’clock and 16 minutes address the House, following the legis- Mr. LEWIS of California, for 5 min- p.m.), the House adjourned until to- lative program and any special orders utes, today. morrow, Thursday, January 17, 2008, at heretofore entered, was granted hto: Mr. POE, for 5 minutes, January 23. 10 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the third and fourth quarters of 2007, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, CATLIN O’NEILL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 25 AND DEC. 2, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Catlin O’Neill ...... 11 /25 11 /27 Italy ...... 292.00 ...... (3) ...... 292.00 11/27 11/28 Chad ...... 230.00 ...... (3) ...... 230.00 11/28 11/30 Ethiopia ...... 200.00 ...... (3) ...... 200.00 11/30 12/1 Kenya ...... 200.00 ...... (3) ...... 12/1 12/2 Belgium ...... 167.00 ...... (3) ...... 167.00 Committee total ...... 889.00 ...... 889.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. CATLIN O’NEILL, Dec. 30, 2007.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, ROSE AUMAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN DEC. 2 AND DEC. 8, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Rose Auman ...... 12 /03 12 /08 Macedonia ...... 1,185.00 ...... 7,918.07 ...... 9,103.07 Committee total ...... 1,185.00 ...... 7,918.07 ...... 9,103.07 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROSE AUMAN, Jan. 3, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2007

Date Per diem Transportation Other purposes Total

Name of Member or employee Country Foreign U.S. equiva- Foreign U.S. equiva- Foreign U.S. equiva- Foreign U.S. equiva- Arrival Departure currency lent or U.S. currency lent or U.S. currency lent or U.S. currency lent or U.S. currency currency currency 2 currency 2

Hon. Dave Reichert ...... 9/7 9 /10 Kuwait/Iraq ...... 210.00 ...... 9,374.12 ...... 9,584.12 Committee total ...... 210.00 ...... 9,374.12 ...... 9,584.12 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BENNIE G. THOMPSON, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Plese note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. NICK J. RAHALL II, Chairman, Jan. 7, 2008.

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00264 Fmt 4636 Sfmt 8634 E:\CR\FM\K16JA7.150 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H291 EXECUTIVE COMMUNICATIONS, 4933. A letter from the Secretary, Depart- attainment Area to Attainment and Ap- ETC. ment of Education, transmitting the Depart- proval of the Area’s Maintenance Plan and ment’s final rule — Direct Grant Programs 2002 Base Year Inventory [EPA-R03-OAR- Under clause 8 of rule XII, executive [DOCKET ID ED-2007-OCFO-0132] (RIN: 1890- 2007-0625; FRL-8515-2] received January 7, communications were taken from the AA15) received January 3, 2008, pursuant to 5 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Speaker’s table and referred as follows: U.S.C. 801(a)(1)(A); to the Committee on Edu- Committee on Energy and Commerce. 4924. A letter from the Administrator, De- cation and Labor. 4942. A letter from the Principal Deputy partment of Agriculture, transmitting the 4934. A letter from the Attorney, Office of Associate Administrator, Environmental Department’s final rule — Marketing Order Assistant General Counsel for Legislation Protection Agency, transmitting the Agen- Regulating the Handling of Spearmint Oil and Regulatory Law, Department of Energy, cy’s final rule — Approval and Promulgation Produced in the Far West; Revision of the transmitting the Department’s final rule — of Air Quality Implementation Plans; Penn- Salable Quantity and Allotment Percentage Energy Conservation Standards for New Fed- sylvania; Redesignation of 8-Hour Ozone for Class 3 (Native) Spearmint Oil for the eral Commercial and Multi-Family High- Nonattainment Area to Attainment and Ap- 2007-2008 Marketing Year [Docket Nos. AMS- Rise Residential Buildings and New Federal proval of the Areas’ Maintenance Plans and FV-07-0134; FV08-985-1 IFR] received Decem- Low-Rise Residential Buildings [Docket No. 2002 Base-Year Inventories; Correction [EPA- ber 26, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); EE-RM/STD-02-112] (RIN: 1904-AB13) received R03-OAR-2007-0175; EPA-R03-OAR-2007-0476; to the Committee on Agriculture. January 3, 2008, pursuant to 5 U.S.C. EPA-R03-OAR-2007-0344; FRL-8515-1] received 4925. A letter from the Administrator, De- 801(a)(1)(A); to the Committee on Energy and January 7, 2008, pursuant to 5 U.S.C. partment of Agriculture, transmitting the Commerce. 801(a)(1)(A); to the Committee on Energy and Department’s final rule — National Organic 4935. A letter from the Principal Deputy Commerce. Program (NOP); Amendments to the Na- Associate Administrator, Environmental 4943. A letter from the Principal Deputy tional List of Allowed and Prohibited Sub- Protection Agency, transmitting the Agen- Associate Administrator, Environmental stances (Livestock) [Docket Number MAS- cy’s final rule — Revisions to the California Protection Agency, transmitting the Agen- TM-07-0123; TM-03-04] (RIN: 0581-AC62) re- State Implementation Plan, Kern County cy’s final rule — Approval and Promulgation ceived December 26, 2007, pursuant to 5 Air Pollution Control District [EPA-R09- of Air Quality Implementation Plans; Indi- U.S.C. 801(a)(1)(A); to the Committee on Ag- OAR-2007-1075; FRL-8506-2] received January ana; VOC Emissions from Fuel Grade Eth- anol Production Operations; Withdrawal of riculture. 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to 4926. A letter from the Administrator, De- the Committee on Energy and Commerce. Direct Final Rule [EPA-R05-OAR-2007-0293; partment of Agriculture, transmitting the 4936. A letter from the Principal Deputy FRL-8490-2] received January 7, 2008, pursu- Department’s final rule — Pistachios Grown Associate Administrator, Environmental ant to 5 U.S.C. 801(a)(1)(A); to the Committee in California; Changes in Handling Require- Protection Agency, transmitting the Agen- on Energy and Commerce. 4944. A letter from the Industry Operations ments [Docket No. AMS-FV-07-0082; FV07- cy’s final rule — National Oil and Hazardous Specialist, Department of Justice, transmit- 983-1 IFR] received December 26, 2007, pursu- Substances Pollution Contingency Plan; Na- ting the Department’s final rule — U.S. Mu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tional Priorities List [EPA-HQ-SFUND-1989- nitions Import List and Import Restrictions on Agriculture. 0007; FRL-8485-3] received January 7, 2008, Applicable to Certain Countries (2005R-5P) 4927. A letter from the Administrator, De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No. ATF-9F; AG Order No. 2922-2007] partment of Agriculture, transmitting the mittee on Energy and Commerce. (RIN: 1140-AA29) received January 2, 2008, Department’s final rule — National Organic 4937. A letter from the Principal Deputy pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Program (NOP); Amendments to the Na- Associate Administrator, Environmental Protection Agency, transmitting the Agen- mittee on Foreign Affairs. tional List of Allowed and Prohibited Sub- 4945. A letter from the Director, Office of cy’s final rule — Revisions to the California stances (Crops and Livestock) [Docket Num- Personnel Management, President’s Pay State Implementation Plan, San Joaquin ber AMS-TM-07-0112; TM-06-04FR] (RIN: 0581- Agent, transmitting a report justifying the Valley Air Pollution Control District and AC61) received December 26, 2007, pursuant reasons for the extension of locality-based Sacramento Metropolitan Air Quality Man- to 5 U.S.C. 801(a)(1)(A); to the Committee on comparability payments to categories of po- agement District [EPA-R09-OAR-2007-1104; Agriculture. sitions that are in more than one executive FRL-8512-7] received January 7, 2008, pursu- 4928. A letter from the Administrator, De- agency, pursuant to 5 U.S.C. 5304(h)(2)(C); to ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment of Agriculture, transmitting the the Committee on Oversight and Govern- on Energy and Commerce. Department’s final rule — Oranges, Grape- ment Reform. 4938. A letter from the Principal Deputy fruit, Tangerines, and Tangelos Grown in 4946. A letter from the Secretary, Depart- Florida; Decreased Assessment Rate [Docket Associate Administrator, Environmental ment of Commerce, transmitting the semi- No. AMS-FV-07-0088; FV07-905-1 FIR] re- Protection Agency, transmitting the Agen- annual report on the activities of the Inspec- ceived December 26, 2007, pursuant to 5 cy’s final rule — Approval and Promulgation tor General for the period April 1, 2007 U.S.C. 801(a)(1)(A); to the Committee on Ag- of Air Quality Implementation Plans; West through September 30, 2007, pursuant to 5 riculture. Virginia; Withdrawal of Direct Final Rule U.S.C. app. (Insp. Gen. Act) section 5(b); to 4929. A letter from the Congressional Re- [EPA-R03-OAR-2007-0448; FRL-8493-2] re- the Committee on Oversight and Govern- view Coordinator, Department of Agri- ceived January 7, 2008, pursuant to 5 U.S.C. ment Reform. culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Energy and 4947. A letter from the Secretary, Depart- rule — Veterinary Diagnostic Services User Commerce. ment of Housing and Urban Development, Fees [Docket No. APHIS-2006-0161] (RIN: 4939. A letter from the Principal Deputy transmitting the Inspector General’s semi- 0579-AC52) received December 26, 2007, pursu- Associate Administrator, Environmental annual report for the period April 1, 2007 ant to 5 U.S.C. 801(a)(1)(A); to the Committee Protection Agency, transmitting the Agen- through September 30, 2007, pursuant to 5 on Agriculture. cy’s final rule — Approval and Promulgation U.S.C. app. (Insp. Gen. Act) section 5(b); to 4930. A letter from the Principal Deputy of Air Quality Implementation Plans; West the Committee on Oversight and Govern- Associate Administrator, Environmental Virginia; Revised Motor Vehicle Emission ment Reform. Protection Agency, transmitting the Agen- Budgets for the Charleston 8-Hour Ozone 4948. A letter from the Executive Director, cy’s final rule — Thiabendazole; Threshold of Maintenance Area [EPA-R03-OAR-2007-1010; Consumer Product Safety Commission, Regulation Determination [EPA-HQ-OPP- FRL-8575-6] received January 7, 2008, pursu- transmitting purusant to Section 647(b) of 2007-0546; FRL-8347-7] received January 7, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Division F of the Consolidated Appropria- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Energy and Commerce. tions Act, FY 2004, Pub. L. 108-199, a report Committee on Agriculture. 4940. A letter from the Principal Deputy on the Commission’s competitive sourcing 4931. A letter from the Principal Deputy Associate Administrator, Environmental efforts for FY 2007; to the Committee on Associate Administrator, Environmental Protection Agency, transmitting the Agen- Oversight and Government Reform. Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation 4949. A letter from the Principal Deputy cy’s final rule — of Air Quality Implementation Plans; Vir- Under Secretary for Personnel and Readi- Poly(hexamethylenebiguanide) hydro- ginia; Fredericksburg and Shenandoah Na- ness, Department of Defense, transmitting chloride (PHMB); Exemption from the Re- tional Park 8-Hour Ozone Areas Movement the Department’s Annual Category Rating quirement of a Tolerance [EPA-HQ-OPP- from the Nonattainment Area List to the Report for calendar year 2006, pursuant to 2005-0268; FRL-8345-8] received January 7, Maintenance Area List [EPA-R03-OAR-2007- Public Law 107-296, section 3319; to the Com- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1149; FRL-8515-4] received January 7, 2008, mittee on Oversight and Government Re- Committee on Agriculture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- form. 4932. A letter from the Principal Deputy mittee on Energy and Commerce. 4950. A letter from the Secretary, Depart- Associate Administrator, Environmental 4941. A letter from the Principal Deputy ment of Health and Human Services, trans- Protection Agency, transmitting the Agen- Associate Administrator, Environmental mitting in accordance with Section 647(b) of cy’s final rule — Mesotrione; Pesticide Tol- Protection Agency, transmitting the Agen- Title VI of the Consolidated Appropriations erance [EPA-HQ-OPP-2006-0093]; FRL-8344-3] cy’s final rule — Approval and Promulgation Act, FY 2004, Pub. L. 108-199, the Depart- received January 7, 2008, pursuant to 5 U.S.C. of Air Quality Implementation Plans; Penn- ment’s Report to Congress on FY 2007 Com- 801(a)(1)(A); to the Committee on Agri- sylvania; Redesignation of the York (York petitive Sourcing Efforts; to the Committee culture. and Adams Counties) 8-Hour Ozone Non- on Oversight and Government Reform.

VerDate Aug 31 2005 04:18 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00265 Fmt 4636 Sfmt 0634 E:\CR\FM\L16JA7.000 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H292 CONGRESSIONAL RECORD — HOUSE January 16, 2008 4951. A letter from the Chief Financial Offi- 4962. A letter from the Administrator, Gen- 4973. A letter from the Commissioner, So- cer, Department of Housing and Urban De- eral Services Administration, transmitting cial Security Administration, transmitting velopment, transmitting in accordance with in accordance with Section 647(b) of Division in accordance with Section 647(b) of Division Section 647(b) of Division F of the Consoli- F of the Consolidated Appropriations Act, F of the Consolidated Appropriations Act, dated Appropriations Act, FY 2004, Pub. L. FY 2004, Pub. L. 108-199, the Administration’s FY 2004, Pub. L. 108-199, and the Office of 108-199, the Department’s report on competi- report on competitive sourcing efforts for FY Management and Budget Memorandum M-08- tive sourcing efforts for FY 2007; to the Com- 2007; to the Committee on Oversight and 02, the Administration’s report on competi- mittee on Oversight and Government Re- Government Reform. tive sourcing efforts for FY 2007; to the Com- form. 4963. A letter from the Comptroller Gen- mittee on Oversight and Government Re- 4952. A letter from the Attorney General, eral, Government Accountability Office, form. Department of Justice, transmitting the De- transmitting a copy of the Office’s report en- 4974. A letter from the Bureau of Legisla- partment’s view on S. 274, the ‘‘Federal Em- titled, ‘‘A Call for Stewardship: Enhancing tive and Public Affairs, U.S. Agency for ployee Protection of Disclosures Act’’; to the the Federal Government’s Ability to Address International Development, transmitting the Committee on Oversight and Government Key Fiscal and Other 21st Century Chal- Agency’s Fiscal Year 2007 Agency Financial Reform. lenges’’; to the Committee on Oversight and Report; to the Committee on Oversight and 4953. A letter from the Assistant Attorney Government Reform. Government Reform. General for Administration, Department of 4964. A letter from the President, James 4975. A letter from the Chairman, U.S. Justice, transmitting in accordance with Madison Memorial Fellowship Foundation, Postal Service, transmitting the Service’s Section 645 of Division F of the Consolidated transmitting the Foundation’s Annual Re- report as required by Sections 706 and 707 of Appropriations Act, FY 2004, Pub. L. 108-199, port for the year ending September 30, 2007, the Postal Accountability and Enhancement the Department’s report on competitive pursuant to 20 U.S.C. 4513; to the Committee Act of 2006; to the Committee on Oversight sourcing efforts for FY 2007; to the Com- on Oversight and Government Reform. and Government Reform. mittee on Oversight and Government Re- 4965. A letter from the Assistant Adminis- 4976. A letter from the Acting Director, form. trator for Legislative and Intergovernmental U.S. Trade and Development Agency, trans- 4954. A letter from the Assistant Secretary Affairs, National Aeronautics and Space Ad- mitting the Agency’s Annual Report for FY for Administration and Management, De- ministration, transmitting in accordance 2007, pursuant to 5 U.S.C. app. (Insp. Gen. partment of Labor, transmitting purusant to with Section 647(b) of Division F of the Con- Act), section 5(b); to the Committee on Over- Section 647(b) of Division F of the Consoli- solidated Appropriations Act, FY 2004, Pub. sight and Government Reform. dated Appropriations Act, FY 2004, Pub. L. L. 108-199, and the Office of Management and 4977. A letter from the Acting Director, 108-199, a report on the Department’s com- Budget Memorandum M-08-02, the Adminis- U.S. Trade and Development Agency, trans- petitive sourcing efforts for FY 2007; to the tration’s report on competitive sourcing ef- mitting the Agency’s Annual Report for FY Committee on Oversight and Government forts for FY 2007; to the Committee on Over- 2007, pursuant to 5 U.S.C. app. (Insp. Gen. Reform. sight and Government Reform. Act) section 5(b); to the Committee on Over- 4955. A letter from the Deputy Assistant 4966. A letter from the Chairperson, Am- sight and Government Reform. Secretary, Department of the Interior, trans- trak Board of Directors, National Railroad 4978. A letter from the Assistant Secretary mitting in accordance with Section 647(b) of Passenger Corporation, transmitting Am- for Fish, Wildlife and Parks, Department of the Consolidated Appropriations Act, FY trak’s Office of Inspector General’s Semi- the Interior, transmitting the Department’s 2004, Pub., L. 108-199, the Department’s Re- annual Report to Congress for the period final rule — Endangered and Threatened port to Congress on FY 2007 Competitive ending September 30, 2007, pursuant to 5 Wildlife and Plants; Designation of Critical Sourcing Efforts; to the Committee on Over- U.S.C. app. (Insp. Gen. Act), section 5(b); to Habitat for the Monterey Spineflower sight and Government Reform. the Committee on Oversight and Govern- (Chorizanthe pungens var. pungens) [FWS- 4956. A letter from the Federal Register ment Reform. R8-ES-2007-0026] [92210-1117-0000] [ABC Code: Certifying Officer, Department of the Treas- 4967. A letter from the Deputy Director for B4] (RIN: 1018-AU83) received January 11, ury, transmitting the Department’s final Administration and Information Manage- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the rule — Federal Government Participation in ment, Office of Government Ethics, trans- Committee on Natural Resources. the Automated Clearing House (RIN: 1510- mitting in accordance with Section 647(b) of 4979. A letter from the Chief, Regulations AB00) received January 3, 2008, pursuant to 5 Title VI of the Consolidated Appropriations and Administrative Law, Department of U.S.C. 801(a)(1)(A); to the Committee on Act, FY 2004, Pub. L. 108-199, the Office’s Re- Homeland Security, transmitting the De- Oversight and Government Reform. port to Congress on FY 2007 Competitive partment’s final rule — Safety Zone: Lower 4957. A letter from the Assistant Secretary Sourcing Efforts; to the Committee on Over- Cowlitz River Dredging Operation; Longview, for Management and Chief Financial Officer, sight and Government Reform. Washington [CGD Docket No. 13-07-049] (RIN: Department of the Treasury, transmitting 4968. A letter from the President and CEO, 1625-AA00) received January 2, 2008, pursuant purusant to Section 647(b) of Division F of Overseas Private Investment Corporation, to 5 U.S.C. 801(a)(1)(A); to the Committee on the Consolidated Appropriations Act, FY transmitting the Corporation’s annual Man- Transportation and Infrastructure. 2004, Pub. L. 108-199, a report on the Depart- agement Report for FY 2007, pursuant to 31 4980. A letter from the Chief, Regulations ment’s competitive sourcing efforts for FY U.S.C. 9106; to the Committee on Oversight and Administrative Law, Department of 2007; to the Committee on Oversight and and Government Reform. Homeland Security, transmitting the De- Government Reform. 4969. A letter from the Chairman, Securi- partment’s final rule — Drawbridge Oper- 4958. A letter from the Chairman and Chief ties and Exchange Commission, transmitting ation Regulations; Atlantic Intracoastal Wa- Executive Officer, Farm Credit Administra- in accordance with Section 647(b) of Division terway (AIWW), at Scotts Hill, NC [USCG- tion, transmitting the FY 2007 Annual Per- F of the Consolidated Appropriations Act, 2007-0168] (RIN: 1625-AA09) received January formance and Accountability Report in ac- FY 2004, Pub. L. 108-199, and the Office of 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to cordance with the Report Consolidation Act Management and Budget Memorandum M-08- the Committee on Transportation and Infra- of 2000; to the Committee on Oversight and 02, the Commission’s report on competitive structure. Government Reform. sourcing efforts for FY 2007; to the Com- 4981. A letter from the Chief, Regulations 4959. A letter from the Chairman, Federal mittee on Oversight and Government Re- and Administrative Law, Department of Election Commission, transmitting in ac- form. Homeland Security, transmitting the De- cordance with Section 647(b) of Title VI of 4970. A letter from the Administrator, partment’s final rule — Drawbridge Oper- the Consolidated Appropriations Act, FY Small Business Administration, transmit- ating Regulation; Gulf Intracoastal Water- 2004, Pub. L. 108-199, the Commission’s Re- ting the Administration’s FY 2007 Agency way (Algiers Alternate Route), Belle Chasse, port to Congress on FY 2007 Competitive Financial Report, pursuant to Public Law LA [CGD08-07-042] (RIN: 1625-AA09) received Sourcing Efforts; to the Committee on Over- 106-351; to the Committee on Oversight and January 2, 2008, pursuant to 5 U.S.C. sight and Government Reform. Government Reform. 801(a)(1)(A); to the Committee on Transpor- 4960. A letter from the Acting Chief of 4971. A letter from the Acting Secretary, tation and Infrastructure. Staff, Federal Mediation and Conciliation Smithsonian Institution, transmitting in ac- 4982. A letter from the Chief, Regulations Service, transmitting the FY 2007 annual re- cordance with Section 647(b) of Division F of and Administrative Law, Department of port under the Federal Managers’ Financial the Consolidated Appropriations Act, FY Homeland Security, transmitting the De- Integrity Act (FMFIA) of 1982, pursuant to 31 2004, Pub. L. 108-199, the Institution’s report partment’s final rule — Regulated Naviga- U.S.C. 3512(c)(3); to the Committee on Over- on competitive sourcing efforts for FY 2004, tion Area; Buzzards Bay, Massachusetts; sight and Government Reform. FY 2005, FY 2006, or FY 2007; to the Com- Navigable Waterways within the First Coast 4961. A letter from the Chairman, Federal mittee on Oversight and Government Re- Guard District [CGD01-04-133] (RIN: 1625- Trade Commission, transmitting in accord- form. AB17) received January 2, 2008, pursuant to 5 ance with Section 647(b) of Division F of the 4972. A letter from the Commissioner, So- U.S.C. 801(a)(1)(A); to the Committee on Consolidated Appropriations Act, FY 2004, cial Security Administration, transmitting Transportation and Infrastructure. Pub. L. 108-199, the Comission’s report on the third annual report of the Administra- 4983. A letter from the Chief, Regulations competitive sourcing efforts for FY 2007; to tion’s use of the category rating system; to and Administrative Law, Department of the Committee on Oversight and Govern- the Committee on Oversight and Govern- Homeland Security, transmitting the De- ment Reform. ment Reform. partment’s final rule — Rates for Pilotage on

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00266 Fmt 4636 Sfmt 0634 E:\CR\FM\L16JA7.000 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — HOUSE H293 the Great Lakes [USCG-2006-24414] (RIN: 1625- Parades; Great Lake annual marine events. Ms. CASTOR: Committee on Rules. House AB05) received January 2, 2008, pursuant to 5 [USCG-2007-27373] (RIN: 1625-AA08) received Resolution 922. A resolution providing for U.S.C. 801(a)(1)(A); to the Committee on January 2, 2008, pursuant to 5 U.S.C. consideration of the bill (H.R. 3524) to reau- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- thorize the HOPE VI program for revitaliza- 4984. A letter from the Attorney, Depart- tation and Infrastructure. tion of severely distressed public housing, ment of Homeland Security, transmitting 4994. A letter from the Chief, Regulations and for other purposes (Rept. 110–509). Re- the Department’s final rule — Vessel Docu- and Administrative Law, Department of ferred to the House Calendar. mentation; Recording of Instruments [USCG- Homeland Security, transmitting the De- Mr. FRANK: Committee on Financial Serv- 2007-28098] (RIN: 1625-AB18) received January partment’s final rule — Safety Zone; Ala- ices. H.R. 3959. A bill to amend the National 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to meda County Sheriff’s Office Maritime Inter- Flood Insurance Act of 1968 to provide for the Committee on Transportation and Infra- diction Training, San Francisco Bay, CA the phase-in of actuarial rates for certain structure. [Docket No. COTP San Francisco Bay 07-051] pre-FIRM properties; with an amendment 4985. A letter from the Chief, Regulations (RIN 1625-AA00) received January 2, 2008, (Rept. 110–510). Referred to the Committee of and Administrative Law, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Whole House on the State of the Union. Homeland Security, transmitting the De- mittee on Transportation and Infrastruc- partment’s final rule — Drawbridge Oper- ture. f ation Regulations; Charenton Drainage and 4995. A letter from the Chief, Regulations Navigation Canal, Baldwin, LA [CGD08-07- and Administrative Law, Department of REPORTED BILLS SEQUENTIALLY 025] received January 2, 2008, pursuant to 5 Homeland Security, transmitting the De- REFERRED U.S.C. 801(a)(1)(A); to the Committee on partment’s final rule — Safety Zone: Am- Pursuant to clause 2 of rule XII the Transportation and Infrastructure. brose Light, Offshore Sandy Hook, New Jer- following action was taken by the 4986. A letter from the Chief, Regulations sey, Atlantic Ocean [CGD01-07-157] (RIN: and Administrative Law, Department of 1625-AA00) received January 2, 2008, pursuant Speaker: Homeland Security, transmitting the De- to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 275. A bill to promote freedom of ex- partment’s final rule — Drawbridge Oper- Transportation and Infrastructure. pression on the Internet, to protect United ation Regulations; Jamaica Bay, New York, 4996. A letter from the Chief, Regulations States businesses from coercion to partici- NY [CGD01-07-137] received January 2, 2008, and Administrative Law, Department of pate in repression by authoritarian foreign pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Homeland Security, transmitting the De- governments, and for other purposes; re- mittee on Transportation and Infrastruc- partment’s final rule — Safety Zone: ferred to the Committee on the Judiciary for ture. Wantagh Parkway 3 Bridge over the Sloop a period ending not later than February 1, 4987. A letter from the Chief, Regulations Channel, Town of Hempstead, New York 2008 for consideration of such provisions of and Administrative Law, Department of [Docket No. CGD01-07-150] (RIN: 1625-AA00) the bill and amendment as fall within the ju- Homeland Security, transmitting the De- received January 2, 2008, pursuant to 5 U.S.C. risdiction of that committee pursuant to partment’s final rule — Drawbridge Oper- 801(a)(1)(A); to the Committee on Transpor- clause 1(k), rule X. ation Regulations; Kennebec River, Bath and tation and Infrastructure. Woolrich, ME [CGD01-07-136] received Janu- 4997. A letter from the Chief, Publications f ary 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); and Regulations, Internal Revenue Service, to the Committee on Transportation and In- transmitting the Service’s final rule — Cal- PUBLIC BILLS AND RESOLUTIONS frastructure. culating and Apportioning the Section Under clause 2 of rule XII, public 4988. A letter from the Chief, Regulations 11(b)(1) Additional Tax under Section 1561 for bills and resolutions of the following and Administrative Law, Department of Controlled Groups. [TD 9369] (RIN: 1545-BG40) titles were introduced and severally re- Homeland Security, transmitting the De- received December 21, 2007, pursuant to 5 ferred, as follows: partment’s final rule — Drawbridge Oper- U.S.C. 801(a)(1)(A); to the Committee on ation Regulations; Quinnipiac River, New Ways and Means. [Omitted from the Record of January 3, 2008] Haven, CT [CGD01-07-091] (RIN: 1625-AA09) re- 4998. A letter from the Chief, Publications By Ms. BORDALLO (for herself and Mr. ceived January 2, 2008, pursuant to 5 U.S.C. and Regulations, Internal Revenue Service, ABERCROMBIE): 801(a)(1)(A); to the Committee on Transpor- transmitting the Service’s final rule — User H.R. 4931. A bill to amend title 38, United tation and Infrastructure. Fees Relating to Enrollment to Perform Ac- States Code, to include participation in 4989. A letter from the Chief, Regulations tuarial Services [TD 9370] (RIN: 1545-BG88) clean-up operations at Eniwetok Atoll as a and Administrative Law, Department of received December 21, 2007, pursuant to 5 radiation-risk activity for purposes of laws Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on administered by Secretary of Veterans Af- partment’s final rule — Security Zone; Ways and Means. fairs. Nawiliwili Harbor, Kauai, Hawaii [CGD14-07- 4999. A letter from the Chief, Publications By Ms. BORDALLO: 002] (RIN: 1625-AA87) received January 2, and Regulations, Internal Revenue Service, H.R. 4932. A bill to amend title 5, United 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the transmitting the Service’s final rule — Sec- States Code, to make certain additional Committee on Transportation and Infra- tion 1274.—Determination of Issue Price in plans eligible to participate in the health structure. the Case of Certain Debt Instruments Issued benefits program under chapter 89 of such 4990. A letter from the Chief, Regulations for Property (Also Sections 42, 280G, 382, 412, title. and Administrative Law, Department of 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.) By Ms. BORDALLO (for herself, Mr. Homeland Security, transmitting the De- (Rev. Rul. 2008-4) received December 21, 2007, BROWN of South Carolina, and Mr. partment’s final rule — Anchorage Regula- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- GEORGE MILLER of California): tions; Edgecomb, Maine, Sheepscot River mittee on Ways and Means. H.R. 4933. A bill to amend the Lacey Act [Docket No. CGD01-07-011] (RIN: 1625-AA01) 5000. A letter from the Chief, Publications Amendments of 1981 to protect captive wild- received January 2, 2008, pursuant to 5 U.S.C. and Regulations, Internal Revenue Service, life and to make technical corrections, and 801(a)(1)(A); to the Committee on Transpor- transmitting the Service’s final rule — Regu- for other purposes. tation and Infrastructure. lations Under Section 367(a) Applicable to [Submitted January 16, 2008] 4991. A letter from the Principal Deputy Certain Outbound Reorganizations and Sec- Associate Administrator, Department of tion 351 Exchanges [Notice 2008-10] received By Mrs. CUBIN: Homeland Security, transmitting the De- January 2, 2008, pursuant to 5 U.S.C. H.R. 4983. A bill to suspend temporarily the partment’s final rule — Security Zone; 801(a)(1)(A); to the Committee on Ways and duty on certain acrylic fiber tow; to the Kahului Harbor, Maui, HI [Docket No. Means. Committee on Ways and Means. USCG-2007-0093] (RIN: 1625-AA87) received 5001. A letter from the Chief, Publications By Mrs. CUBIN: January 2, 2008, pursuant to 5 U.S.C. and Regulations, Internal Revenue Service, H.R. 4984. A bill to suspend temporarily the 801(a)(1)(A); to the Committee on Transpor- transmitting the Service’s final rule — Infor- duty on certain acrylic fiber tow; to the tation and Infrastructure. mation Reporting Requirements Under In- Committee on Ways and Means. 4992. A letter from the Chief, Regulations ternal Revenue Code 6039 [Notice 2008-8] re- By Mr. CHABOT: and Administrative Law, Department of ceived December 21, 2007, pursuant to 5 H.R. 4985. A bill to extend the temporary Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on suspension of duty on Penta Amino Aceto partment’s final rule — Security Zone; Ways and Means. Nitrate Cobalt III; to the Committee on Tinian, Commonwealth of the Northern Mar- Ways and Means. f iana Islands [COTP Guam 07-005] (RIN: 1625- By Mr. SKELTON (for himself and Mr. AA87) received January 2, 2008, pursuant to 5 REPORTS OF COMMITTEES ON HUNTER): U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS H.R. 4986. A bill to provide for the enact- Transportation and Infrastructure. ment of the National Defense Authorization 4993. A letter from the Chief, Regulations Under clause 2 of rule XIII, reports of Act for Fiscal Year 2008, as previously en- and Administrative Law, Department of committees were delivered to the Clerk rolled, with certain modifications to address Homeland Security, transmitting the De- for printing and reference to the proper the foreign sovereign immunities provisions partment’s final rule — Regattas and Marine calendar, as follows: of title 28, United States Code, with respect

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to the attachment of property in certain By Mr. MCDERMOTT: or preserved otherwise than by vinegar or judgements against Iraq, the lapse of statu- H.R. 4996. A bill to suspend temporarily the acetic acid, not frozen; to the Committee on tory authorities for the payment of bonuses, duty on modified steel leaf spring leaves; to Ways and Means. special pays, and similar benefits for mem- the Committee on Ways and Means. By Mrs. TAUSCHER: bers of the uniformed services, and for other By Mr. MCDERMOTT: H.R. 5014. A bill to extend the temporary purposes; to the Committee on Armed Serv- H.R. 4997. A bill to extend the temporary suspension of duty on oysters (other than ices. considered and passed. suspension of duty on certain suspension sys- smoked), prepared or preserved; to the Com- By Mr. JONES of North Carolina (for tem stabilizer bars; to the Committee on mittee on Ways and Means. himself and Mr. KING of New York): Ways and Means. By Mrs. TAUSCHER: H.R. 4987. A bill to require construction of By Mr. NEUGEBAUER: H.R. 5015. A bill to suspend temporarily the fencing and security improvements in the H.R. 4998. A bill to extend the temporary duty on certain sardines in oil, in airtight border area from the Pacific Ocean to the suspension of duty on mixtures of methyl 4- containers, neither skinned nor boned; to the Gulf of Mexico; to the Committee on Home- iodo-2-[3-(4-methoxy-6-methyl-1,3,5- triazin-2- Committee on Ways and Means. land Security. yl)ureidosulfonyl] benzoate, sodium By Mrs. TAUSCHER: By Mr. PETERSON of Pennsylvania: salt(Iodosulfuron methyl, sodium salt) and H.R. 5016. A bill to suspend temporarily the H.R. 4988. A bill to extend the temporary application adjuvants; to the Committee on duty on S-Abscisic Acid; to the Committee suspension of duty on Orgasol; to the Com- Ways and Means. on Ways and Means. mittee on Ways and Means. By Mr. NEUGEBAUER: By Mrs. TAUSCHER: H.R. 4999. A bill to extend the temporary By Mr. PETERSON of Pennsylvania: H.R. 5017. A bill to suspend temporarily the suspension of duty on Mesosulfuronmethyl; H.R. 4989. A bill to suspend temporarily the duty on Pyrethrum Extract; to the Com- to the Committee on Ways and Means. duty on stainless steel single piece exhaust mittee on Ways and Means. gas manifolds; to the Committee on Ways By Mr. NEUGEBAUER: H.R. 5000. A bill to suspend temporarily the By Mrs. TAUSCHER: and Means. H.R. 5018. A bill to extend the suspension of By Mr. WAXMAN (for himself and Ms. duty on mixtures containing (R)-2-[4-(6- chloro-1,3-benzoxazol-2- duty on Fenpropathrin; to the Committee on ROYBAL-ALLARD): Ways and Means. H.R. 4990. A bill to amend title XIX of the yloxy)phenoxy]propionate (Fenoxaprop By Mrs. TAUSCHER: Social Security Act to include all public Ethyl), (CAS No. 71283-80-2), 5-hydroxy-1,3- H.R. 5019. A bill to extend the temporary clinics for the distribution of pediatric vac- dmiethylpyrazol-4-yl 2-mesyl-4- suspension of duty on Tralemethrin; to the cines under the Medicaid Program; to the (trifluoromethyl)phenyl ketone Committee on Energy and Commerce. (Pyrafulfotole) (CAS No. 365400-11-9), 2,6- Committee on Ways and Means. By Mr. WAXMAN (for himself and Ms. dibromo-4-cyanophenyl octanoate By Mrs. TAUSCHER: H.R. 5020. A bill to extend the temporary ROYBAL-ALLARD): (Bromoxynil octanoate) (CAS No. 1689-99-2), H.R. 4991. A bill to amend the Social Secu- and 2,6-dibromo-4-cyanophenyl heptanoate suspension of duty on Bioallethrin; to the rity Act, the Federal Food, Drug, and Cos- (Bromoxynil heptanoate) (CAS No. 56634-95- Committee on Ways and Means. metic Act, and the Public Health Service Act 8); to the Committee on Ways and Means. By Mrs. TAUSCHER: to ensure a sufficient supply of vaccines, and By Ms. NORTON: H.R. 5021. A bill to extend the temporary for other purposes; to the Committee on En- H.R. 5001. A bill to authorize the Adminis- suspension of duty on S-Bioallethrin; to the ergy and Commerce. trator of General Services to provide for the Committee on Ways and Means. By Mr. WAXMAN (for himself and Ms. redevelopment of the Old Post Office Build- By Mrs. TAUSCHER: H.R. 5022. A bill to extend the temporary ROYBAL-ALLARD): ing located in the District of Columbia; to H.R. 4992. A bill to amend title XVIII of the the Committee on Transportation and Infra- suspension of duty on Bispyribac-sodium; to Social Security Act to provide for coverage structure. the Committee on Ways and Means. of federally recommended vaccines under By Mrs. TAUSCHER: By Mrs. TAUSCHER: Medicare part B; to the Committee on En- H.R. 5002. A bill to extend the temporary H.R. 5023. A bill to extend the temporary ergy and Commerce, and in addition to the suspension of duty on Deltamethrin; to the suspension of duty on Dinotefuran; to the Committee on Ways and Means, for a period Committee on Ways and Means. Committee on Ways and Means. to be subsequently determined by the Speak- By Mrs. TAUSCHER: By Mrs. TAUSCHER: er, in each case for consideration of such pro- H.R. 5003. A bill to extend the temporary H.R. 5024. A bill to extend the temporary visions as fall within the jurisdiction of the suspension of duty on Tetramethrin; to the suspension of duty on Etoxazole; to the Com- committee concerned. Committee on Ways and Means. mittee on Ways and Means. By Mr. WAXMAN (for himself and Ms. By Mrs. TAUSCHER: By Mrs. TAUSCHER: ROYBAL-ALLARD): H.R. 5004. A bill to extend the temporary H.R. 5025. A bill to extend the temporary H.R. 4993. A bill to amend the Public suspension of duty on flumiclorac pentyl suspension of duty on Pyriproxyfen; to the Health Service Act to increase the avail- ester; to the Committee on Ways and Means. Committee on Ways and Means. ability of vaccines, and for other purposes; to By Mrs. TAUSCHER: By Mrs. TAUSCHER: the Committee on Energy and Commerce, H.R. 5005. A bill to extend the temporary H.R. 5026. A bill to extend the temporary and in addition to the Committees on Edu- suspension of duty on Flumioxasin; to the suspension of duty on Uniconazole; to the cation and Labor, Ways and Means, and Committee on Ways and Means. Committee on Ways and Means. Oversight and Government Reform, for a pe- By Mrs. TAUSCHER: By Mr. WEXLER: riod to be subsequently determined by the H.R. 5006. A bill to extend the temporary H.R. 5027. A bill to suspend temporarily the Speaker, in each case for consideration of suspension of duty on Acephate; to the Com- duty on integral flow controllers, certified such provisions as fall within the jurisdic- mittee on Ways and Means. by the importer exclusively for installation tion of the committee concerned. By Mrs. TAUSCHER: in semiconductor wafer fabrication ma- H.R. 5007. A bill to extend the temporary By Mr. BERRY: chines; to the Committee on Ways and H.R. 4994. A bill to suspend temporarily the suspension of duty on Resmethrin; to the Means. duty on certain inflatable mattresses; to the Committee on Ways and Means. By Mr. WEXLER: Committee on Ways and Means. By Mrs. TAUSCHER: H.R. 5028. A bill to amend the Employee H.R. 5008. A bill to extend the temporary By Mr. CANTOR (for himself, Mr. Retirement Income Security Act of 1974 and suspension of duty on Cypermethrin; to the HENSARLING, Mr. BLUNT, Mr. CAMP- the Internal Revenue Code of 1986 to require Committee on Ways and Means. BELL of California, Ms. GRANGER, Mr. that group health plans provide coverage for By Mrs. TAUSCHER: pervasive developmental disorders such as JORDAN, Mr. MCHENRY, Mrs. H.R. 5009. A bill to suspend temporarily the BACHMANN, Mr. HERGER, Mr. CHABOT, duty on s-Methoprene; to the Committee on autism; to the Committee on Education and Mr. PRICE of Georgia, Mr. FLAKE, Mr. Ways and Means. Labor, and in addition to the Committee on FEENEY, Mr. DAVID DAVIS of Ten- By Mrs. TAUSCHER: Ways and Means, for a period to be subse- nessee, Mr. BROWN of South Carolina, H.R. 5010. A bill to extend the temporary quently determined by the Speaker, in each Mr. BARRETT of South Carolina, Mr. suspension of duty on Clothianidin; to the case for consideration of such provisions as GARRETT of New Jersey, Mr. DOO- Committee on Ways and Means. fall within the jurisdiction of the committee LITTLE, Mr. LAMBORN, Mr. AKIN, Mr. By Mrs. TAUSCHER: concerned. WELDON of Florida, Mr. KINGSTON, H.R. 5011. A bill to extend the temporary By Mr. YOUNG of Florida: Mr. PITTS, Mr. MARCHANT, Mr. suspension of duty on Permethrin; to the H.R. 5029. A bill to designate the name for GINGREY, Mr. SOUDER, Mr. GOODE, Ms. Committee on Ways and Means. the medical facilities being constructed at FOXX, Mr. ROSKAM, Mr. KUHL of New By Mrs. TAUSCHER: the National Naval Medical Center, Be- York, Mr. WALBERG, Mr. BISHOP of H.R. 5012. A bill to extend the temporary thesda, Maryland, to replace Walter Reed Utah, Mr. FRANKS of Arizona, Mr. suspension of duty on artichokes, prepared Army Medical Center; to the Committee on KING of Iowa, and Mr. PENCE): or preserved by vinegar or acetic acid; to the Armed Services. H.R. 4995. A bill to amend the Internal Rev- Committee on Ways and Means. By Mr. SKELTON: enue Code of 1986 to reduce corporate mar- By Mrs. TAUSCHER: H. Con. Res. 279. Concurrent resolution ginal income tax rates, and for other pur- H.R. 5013. A bill to extend the temporary providing for an adjournment of the House; poses; to the Committee on Ways and Means. suspension of duty on artichokes, prepared considered and agreed to.

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By Ms. LEE (for herself, Mr. MEEKS of H.R. 549: Mr. REYNOLDS. H.R. 3934: Mr. CHABOT. New York, Mrs. CHRISTENSEN, Ms. H.R. 631: Mr. BROUN of Georgia. H.R. 3968: Mr. PLATTS. WATERS, Ms. KILPATRICK, Mr. WAX- H.R. 782: Mr. HARE. H.R. 4014: Ms. RICHARDSON. MAN, Ms. NORTON, Ms. BALDWIN, Ms. H.R. 958: Mr. BAIRD. H.R. 4015: Ms. RICHARDSON. CORRINE BROWN of Florida, Mr. RUSH, H.R. 992: Mr. HINCHEY, Mr. GRIJALVA, and H.R. 4016: Ms. RICHARDSON. Ms. BORDALLO, Mr. LEWIS of Georgia, Mr. KENNEDY. H.R. 4029: Mr. WYNN. Mr. MCDERMOTT, Mr. CUMMINGS, Ms. H.R. 997: Mr. REYNOLDS. MOORE of Wisconsin, and Mr. DAVIS H.R. 1014: Mr. COURTNEY. H.R. 4105: Mr. HINCHEY and Ms. WOOLSEY. of Illinois): H.R. 1076: Mr. ROSS. H.R. 4204: Ms. MCCOLLUM of Minnesota, Mr. H. Con. Res. 280. Concurrent resolution H.R. 1084: Mr. SMITH of Washington and Mr. HARE, Mr. CLEAVER, Ms. MATSUI, Mr. MORAN supporting the goals and ideals of ‘‘National VAN HOLLEN. of Virginia, and Mr. AL GREEN of Texas. Black HIV/AIDS Awareness Day‘‘; to the H.R. 1279: Mr. WALSH of New York. H.R. 4206: Mr. MCHUGH. Committee on Energy and Commerce. H.R. 1352: Mr. FRANK of Massachusetts. H.R. 4207: Mr. HOBSON, Mr. COOPER, and Mr. ´ By Ms. VELAZQUEZ: H.R. 1386: Mr. SHAYS and Mr. GERLACH. ELLISON. H.R. 1391: Mr. TIERNEY. H. Res. 921. A resolution providing for the H.R. 4221: Ms. HOOLEY. concurrence by the House in the Senate H.R. 1418: Mr. GORDON. H.R. 4236: Mr. MCGOVERN, Mr. RUSH, Mr. amendment to H.R. 4253, with an amend- H.R. 1521: Mr. KLEIN of Florida. DOYLE, Mr. COURTNEY, Ms. LINDA T. SA´ NCHEZ ment; considered and agreed to. H.R. 1553: Mr. LATOURETTE, Mr. ANDREWS, of California, Mr. SHULER, Mr. WYNN, and By Mrs. BACHMANN (for herself, Mr. and Mr. BARTLETT of Maryland. Mr. PASTOR. KLINE of Minnesota, Mr. PETERSON of H.R. 1576: Mr. ETHERIDGE and Mr. MATHE- H.R. 4247: Mr. PETERSON of Minnesota and Minnesota, Mr. WALZ of Minnesota, SON. Mr. BRADY of Pennsylvania. Mr. ELLISON, Mr. RAMSTAD, Ms. H.R. 1609: Mr. KIRK, Mr. GENE GREEN of H.R. 4248: Mr. BUTTERFIELD, Mr. DENT, and MCCOLLUM of Minnesota, and Mr. Texas, Mr. HODES, Mr. RUSH, and Mr. TAY- Ms. SHEA-PORTER. OBERSTAR): LOR. H. Res. 923. A resolution recognizing the H.R. 1621: Mr. WAXMAN and Ms. SOLIS. H.R. 4264: Mr. FILNER. State of Minnesota’s 150th anniversary; to H.R. 1665: Mr. LATOURETTE. H.R. 4266: Mr. CHANDLER. the Committee on Oversight and Govern- H.R. 1783: Mr. BISHOP of Georgia. H.R. 4297: Mr. KAGEN. H.R. 1824: Mr. NEUGEBAUER. ment Reform. H.R. 4318: Mr. WAMP and Mr. LEWIS of Ken- By Mr. BRALEY of Iowa (for himself, H.R. 1843: Mr. MILLER of North Carolina. tucky. H.R. 1888: Ms. BEAN. Mr. LATHAM, Mr. BOSWELL, Mr. H.R. 4327: Mr. SCOTT of Virginia. LOEBSACK, and Mr. KING of Iowa): H.R. 1927: Mr. RUSH. H.R. 4355: Mr. BOUCHER and Ms. LINDA T. H. Res. 924. A resolution congratulating H.R. 1957: Ms. ESHOO. SA´ NCHEZ of California. Iowa State University of Science and Tech- H.R. 2073: Mr. ROTHMAN. H.R. 4461: Mrs. DRAKE. nology for 150 years of leadership and service H.R. 2141: Mr. SMITH of Nebraska. to the United States and the world as Iowa’s H.R. 2169: Mr. BAIRD and Mr. ACKERMAN. H.R. 4544: Ms. WOOLSEY, Mr. CUELLAR, Mrs. land-grant university; to the Committee on H.R. 2210: Mr. ROTHMAN. CUBIN, Ms. WASSERMAN SCHULTZ, and Ms. Education and Labor. H.R. 2343: Ms. BALDWIN. HARMAN. By Mr. POE: H.R. 2470: Mr. DAVIS of Kentucky. H.R. 4660: Ms. WOOLSEY. H. Res. 925. A resolution condemning the H.R. 2564; Mr. GOODE. H.R. 4835: Mr. HARE, Mr. PRICE of North People’s Republic of China for its socially H.R. 2702: Mr. LARSON of Connecticut. Carolina, Ms. BALDWIN, Mr. SCHIFF, and Mr. unacceptable business practices, including H.R. 2708: Mrs. LOWEY, Mr. SERRANO, Ms. KAGEN. WASSERMAN SCHULTZ, Mr. MCGOVERN, Mr. the manufacturing and exportation of unsafe H.R. 4882: Ms. ZOE LOFGREN of California COHEN, Mr. ALLEN, and Ms. WOOLSEY. products, casual disregard for the environ- and Ms. LINDA T. SA´ NCHEZ of California. H.R. 2723: Mr. MORAN of Virginia. ment, and exploitative employment prac- H.R. 4915: Mr. EHLERS, Mr. HOEKSTRA, Mr. H.R. 2762: Mr. HODES and Mrs. GILLIBRAND. tices; to the Committee on Foreign Affairs. SHAYS, Mr. RUSH, and Mr. COBLE. H.R. 2790: Ms. CORRINE BROWN of Florida By Ms. SUTTON: and Mr. DOYLE. H.R. 4926: Ms. JACKSON-LEE of Texas, Mr. H. Res. 926. A resolution recognizing the H.R. 2862: Mr. PETRI. KENNEDY, and Ms. KAPTUR. importance of food, product safety, and U.S. H.R. 2994: Mr. ROTHMAN, Mr. ROSS, and Ms. H.R. 4959: Mr. GRIJALVA, Ms. SCHAKOWSKY, trade policy; to the Committee on Ways and HOOLEY. and Mr. MOORE of Kansas. Means, and in addition to the Committees on H.R. 3029: Mrs. CAPPS. H. Con. Res. 2: Mr. LEWIS of Georgia. Energy and Commerce, and Agriculture, for H.R. 3094: Mr. SESTAK and Mr. FILNER. H. Con. Res. 26: Ms. DEGETTE. a period to be subsequently determined by H.R. 3099: Mr. BISHOP of Georgia. the Speaker, in each case for consideration H. Con. Res. 27: Ms. DEGETTE. H.R. 3140: Mr. CRENSHAW, Mr. PORTER, and of such provisions as fall within the jurisdic- H. Con. Res. 28: Mr. CULBERSON and Mrs. Mr. SESTAK. tion of the committee concerned. BOYDA of Kansas. H.R. 3257: Mr. ETHERIDGE. By Mr. WEXLER (for himself, Ms. H. Con. Res. 154: Mrs. MYRICK and Mr. H.R. 3282: Mr. SESTAK. WASSERMAN SCHULTZ, Mr. KLEIN of ENGEL. H.R. 3304: Mr. CHABOT and Mr. BRADY of Florida, Mr. HASTINGS of Florida, and Pennsylvania. H. Con. Res. 198: Mr. WALZ of Minnesota, Mr. MAHONEY of Florida): Ms. HIRONO, and Mr. MARKEY. H.R. 3326: Mr. STARK. H. Res. 927. A resolution commending the H.R. 3327: Mr. LIPINSKI and Mrs. MALONEY H. Con. Res. 253: Mr. BRADY of Pennsyl- Florida Atlantic University Owls for their of New York. vania, Mr. MILLER of Florida, Mr. SESTAK, historic win in the 2007 RL Carriers New Or- H.R. 3334: Mr. LANGEVIN. Mr. SNYDER, Ms. BORDALLO, and Mr. RUSH. leans Bowl; to the Committee on Education H.R. 3359: Mr. MACK, Mr. SESSIONS, and Mr. H. Con. Res. 257: Mr. MCCOTTER. and Labor. BUTTERFIELD. H. Con. Res. 267: Mr. SPACE, Mr. HERGER, f H.R. 3457: Mr. HERGER. and Mr. LOBIONDO. H.R. 3533: Ms. WOOLSEY and Mr. WOLF. H. Res. 111: Mr. MURTHA. PRIVATE BILLS AND H.R. 3546: Mr. LOEBSACK, Mr. DELAHUNT, H. Res. 185: Mr. FRANK of Massachusetts. RESOLUTIONS and Mr. BUTTERFIELD. H. Res. 652: Mr. COSTA. H.R. 3609: Mr. BACA. Under clause 3 of rule XII, H. Res. 692: Mr. MCCOTTER. H.R. 3622: Mr. CROWLEY and Mr. PRICE of Mr. LIPINSKI introduced A bill (H.R. 5030) North Carolina. H. Res. 821: Mr. INGLIS of South Carolina and Mrs. MCCARTHY of New York. for the relief of Corina de Chalup Turcinovic; H.R. 3630: Ms. LINDA T. SA´ NCHEZ of Cali- which was referred to the Committee on the fornia. H. Res. 834: Mr. MORAN of Virginia, Mr. Judiciary. H.R. 3639: Mr. SHAYS. MCDERMOTT, and Mr. HINCHEY. f H.R. 3652: Ms. JACKSON-LEE of Texas. H. Res. 854: Mr. ROTHMAN. H.R. 3654: Mr. LEWIS of Kentucky, Mr. H. Res. 886: Mr. AKIN, Mrs. BLACKBURN, ADDITIONAL SPONSORS BARTLETT of Maryland, Mr. JONES of North Mrs. BACHMANN, Mr. FORTENBERRY, Mr. Under clause 7 of rule XII, sponsors Carolina, and Mr. SMITH of Texas. WELDON of Florida, Mr. KINGSTON, Mr. PITTS, H.R. 3663: Mr. LYNCH, Mr. ISRAEL, Mr. CON- Mr. GINGREY, Mr. SOUDER, Mr. GOODE, Ms. were added to public bills and resolu- YERS, Ms. LINDA T. SA´ NCHEZ of California, FOXX, Mr. ROSKAM, Mr. KUHL of New York, tions as follows: Mr. PALLONE, Mr. HALL of New York, Ms. Mr. BISHOP of Utah, Mr. WALBERG, Mr. H.R. 136: Mr. INGLIS of South Carolina. SOLIS, Mr. FATTAH, and Mr. SHERMAN. FRANKS of Arizona, Mr. KING of Iowa, Mr. H.R. 192: Mr. GILCHREST. H.R. 3670: Mr. HERGER. CHABOT, Mr. DANIEL E. LUNGREN of Cali- H.R. 219: Mr. SESSIONS. H.R. 3865: Mr. WU, Mr. MARKEY, and Mr. fornia, Mr. PENCE, Mr. PRICE of Georgia, Mr. H.R. 241: Mrs. BIGGERT. SESTAK. BROUN of Georgia, Mr. FEENEY, Mr. SALI, Mr. H.R. 248: Mr. ENGLISH of Pennsylvania. H.R. 3926: Ms. LINDA T. SA´ NCHEZ of Cali- WAMP, Mr. GARRETT of New Jersey, Mr. DOO- H.R. 303: Mrs. LOWEY. fornia. LITTLE, and Mr. BRADY of Texas.

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00269 Fmt 4636 Sfmt 0634 E:\CR\FM\L16JA7.100 H16JAPT1 wwoods2 on PRODPC68 with HOUSE H296 CONGRESSIONAL RECORD — HOUSE January 16, 2008 H. Res. 909: Ms. JACKSON-LEE of Texas, Mr. CONGRESSIONAL EARMARKS, LIM- The amendment to be offered by Rep- PALLONE, Ms. ROS-LEHTINEN, Mr. SIRES, Mrs. ITED TAX BENEFITS, OR LIM- resentative MAXINE WATERS or a designee to JONES of Ohio, and Mr. WEXLER. ITED TARIFF BENEFITS H.R. 3524 the HOPE VI Improvement and Re- H. Res. 912: Mr. SHAYS, Mr. JONES of North authorization Act of 2007, does not contain Carolina, Mrs. MALONEY of New York, Mr. Under clause 9 of rule XXI, lists or any congressional earmarks, limited tax CHABOT, Mr. HARE, Ms. BORDALLO, Mr. PITTS, statements on congressional earmarks, benefits, or limited tariff benefits as defined Mr. MARIO DIAZ-BALART of Florida, Mr. KING of New York, Mr. MCCAUL of Texas, and Mr. limited tax benefits, or limited tariff in clause 9(d), 9(e), or 9(f) of rule XXI. GALLEGLY. benefits were submitted as follows:

VerDate Aug 31 2005 05:28 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00270 Fmt 4636 Sfmt 0634 E:\CR\FM\A16JA7.092 H16JAPT1 wwoods2 on PRODPC68 with HOUSE January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E19 EXTENSIONS OF REMARKS

IN MEMORY OF TEXAS TRANSPOR- 1986. During this time William was licensed as letes and coaches of the Taft Union High TATION COMMISSION CHAIRMAN a professional surveyor. He assumed the posi- School Wildcats varsity football team on win- RICHARD ‘‘RIC’’ WILLIAMSON tion of chief operating officer in 1991 and 10 ning the 2007 California Interscholastic Fed- years later became the marketing principal. eration Central Section Division IV champion- HON. MICHAEL C. BURGESS This enabled him to focus on the marketing ship, also known as the Valley Championship. and client side of the business. OF TEXAS On Friday, November 30, 2007, the Wild- Working at the helm of several significant IN THE HOUSE OF REPRESENTATIVES cats defeated Corcoran High School 28–14 in projects, William has put the Rowe stamp on their last game of the season to win the cham- Wednesday, January 16, 2008 many communities in Michigan. He led the pionship. This was a truly outstanding team that worked on projects for the City of Mr. BURGESS. Madam Speaker, I rise achievement to cap an outstanding season, a Flushing, City of Niles, City of Linden, Village today to remember The Honorable Ric season where the Wildcats finished with a of Byron, Village of Chesaning, Village of Williamson, former Chairman of the Texas record of 12–1. The Wildcat victory marked Transportation Commission and a dear friend Holly, Village of Oxford, Charter Township of Flushing, Genesee County Road Commission, the first football Valley Championship for Taft of mine. since 1930. Taft Union High School football Ric began his 23-year tenure in faithful pub- Shiawassee County Road Commission, Shiawassee County Drain Commission, Flint fans, students and the Taft community were lic service to the state of Texas in 1984, when treated to an exciting championship game he was elected as a State Representative. In Downtown Development Authority, Genesys Health Systems, and Venice Park Landfill. where in the fourth quarter with a tied score, 2001, he was appointed by Texas Governor the Wildcats’ skill, training, hard work, and Rick Perry to serve on the Texas Transpor- He is affiliated with several professional and community organizations and has held leader- athleticism paid off and led them to an emo- tation Commission, and was named chairman tional two touchdown victory. in 2004. Ric served on several boards, includ- ship positions with many. He is the past na- ing the Southern Regional Education Board, tional director and past president of the Amer- I want to extend my congratulations to the Legislative Budget Board, Department of Infor- ican Council of Engineering Companies. He is Taft Union High School Wildcats student ath- mation Resources Board, Uniform Statewide the past president of the American Society of letes for their impressive championship win Accounting System Committee, and the Civil Engineers, East Central Michigan Chap- and 2007 season. The 2007 roster included Southern Legislative Conference, to name a ter. William is the past president of the Michi- Donald Baggs II, Derek Barnes, David few. gan Society of Professional Engineers, Flint Barraza, Dalton Botts, Chad Cruz, Wes As Chairman of the Texas Transportation Chapter. He is a member of the Michigan So- Elland, Blake Emberson, Lyndon Faagau, Commission, Ric’s visions always aimed at im- ciety of Professional Surveyors, a Genesee/ Jose Flores, Jeremy Gonzales, Sergio proving the state of transportation and the Lapeer/Shiawassee Region V planning com- Gonzales, Tommy Halphin, James Hiracheta, quality of infrastructure in Texas. Many times missioner, the Chairman of the Genesee Tyler Houghton, Austin Kindred, Loren Kolb, his initiatives were deemed controversial or County Brownfield Redevelopment Board, and Joe Laulu, Andrew LeClair, Konelio Maino, difficult, but his resolve and determination per- the vice chairman of the Flint River Corridor Dylan Niblett, Matther Nixon, Jeremy Orr, severed and many of his harshest critics have Alliance. He has served as the chairman and Christian Ramirez, Kurtis Rawls, Blaine Reich, come to respect and support his innovative acting president of the Flint/Genesee Eco- Jerry Romo, Ricardo Romo, Ben Savali, Ioane transportation concepts. nomic Growth Alliance and the chairman of Savail, Fabian Scheifele, Shane Sefo, Cody Ric will always be remembered by his the Genesee Area Focus Council. He is on Shirreffs, Jesse Simmons, Steven friends and associates as a true champion for the board of directors of Genesee County Spoonemore, Jesse Tafoya, Fabian Taute, all things Texan. Unafraid to challenge the sta- Mental Health Facilities, Genesee County Kyle Taylor, Jeremiah Twisselman, Joel tus quo, he was a highly regarded leader Mental Health, and the ‘‘Ready-Set-Grow’’ Vermillion, Tommy Williams, Aaron bringing innovative ideas to provide safe, eco- Program for Genesee County. William is a Wroblewski, Stewart Bandy, Avesee Faagau, nomic and reliable transportation to improve past board of directors member of the Flint In- Adalberto Figueroa, Eric Foch, Shaquil Gant, the daily lives of Texans. dustrial Mutual Association and the past chair- Mike Hagstrom, Kacey Kaszyckl, Hunter On a personal level Ric remained a patient man of the Genesee Regional Chamber of Liljeroos, Mike Newkirk, Todd Parker, Felipe mentor and a steadfast friend. My thoughts Commerce. Pulldo, Cody Reaves, Andrew Smith, Freddy and prayers are with his wife Mary Ann and William continues his association with his Tuuamalemalo, Jordan Vermillion, and his family. Ric will be greatly missed. alma mater by serving on the board of direc- Braxton Walters. tors for the Michigan Technological University f I also want to congratulate the coaching Fund, the Civil Engineering Advisory Board staff who helped lead the team to its cham- HONORING WILLIAM J. WINIARSKI and as a member of the Civil and Environ- pionship season. The Wildcat head coach is mental Engineering Academy. Steve Sprague and his coaching team in- Madam Speaker, I ask the House of Rep- HON. DALE E. KILDEE cludes Russell Emberson, Arley Hill, Rick resentatives to join me in paying tribute to Wil- OF MICHIGAN Woodson, Shawn Cummins, Rob Cleveland, liam J. Winiarski as he retires from Rowe In- IN THE HOUSE OF REPRESENTATIVES Paul Martinez, Brian Durkan, Bryan Powell, corporated. Through his work he has left a Dee Griffith, Mike Goodwin, John Wagner, and Wednesday, January 16, 2008 permanent mark upon the communities of Jeremy Letterman. Mr. KILDEE. Madam Speaker, I rise today Michigan and has enhanced the quality of life to pay tribute to William J. Winiarski as he re- for its citizens. Participation in athletics is a wonderful com- tires from Rowe Incorporated. A dinner was f ponent of a high school education because it provides opportunities for leadership, team- held in his honor on January 11th in Grand CONGRATULATING THE TAFT Blanc, Michigan. work and competition. The months of physical UNION HIGH SCHOOL WILDCATS and mental training and the teamwork that William Winiarski started working for Rowe VARSITY FOOTBALL TEAM Incorporated in 1971. He received his bach- was required to win this Valley Championship elor of science in civil engineering degree from will benefit these young men long after their Michigan Technological University in 1973. He HON. KEVIN McCARTHY high school graduation. OF CALIFORNIA was promoted to project manager in 1976, the On behalf of the residents of the 22nd Con- IN THE HOUSE OF REPRESENTATIVES same year he became a professional engi- gressional District, I once again commend the neer. His career with Rowe continued and he Wednesday, January 16, 2008 Taft Union High School Wildcats on winning was named a vice president in 1978 and be- Mr. MCCARTHY of California. Madam the 2007 Valley Championship. I am very came the president/chief operating officer in Speaker, I rise today to honor the student ath- proud of the accomplishments of the 2007

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K16JA8.001 E16JAPT1 smartinez on PRODPC61 with REMARKS E20 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2008 Wildcats football team, and I know the par- public administration. He also completed the fetal care center, pediatric intensive care unit, ents, teachers, neighbors and fans in our com- program at the John F. Kennedy School of pediatric emergency room, fertility and repro- munity will remember this season for many Government and the Senior Governmental Ex- ductive medicine center, and kidney transplan- years to come. ecutive Program at Harvard University. tation center. f Mr. Britton served in the Air Force Reserve The 2,500 employees of Hurley Medical from 1970 until 1978. He left reserve to join Center work very hard to provide quality IN HONOR OF THE GEORGE WASH- the city manager in the city of Scottsdale, Ari- healthcare to their patients. The medical cen- INGTON CARVER TIGERS: 2007 zona, where he served as the director of mu- ter has received the 2007 HealthGrades Crit- AAA GEORGIA STATE FOOTBALL nicipal utilities and assistant to the city man- ical Care Excellence Award, and the 2007 CHAMPIONS ager. Mr. Britton was the executive assistant ‘‘Certificate of Merit for Outstanding Achieve- to Arizona Governor Bruce Babbitt from 1980 ment in Organ Donation’’ from Michigan Gift of HON. SANFORD D. BISHOP, JR. through 1986, where he chaired the Gov- Life. In 2005 they received the Governor’s OF GEORGIA ernor’s Cabinet and oversaw various State Award for Quality in Inpatient Setting, Ambula- IN THE HOUSE OF REPRESENTATIVES agencies. For the next 15 years, he was the tory Setting, and Emergency Department. The deputy city manager for the city of Phoenix. Hurley Asthma Center has also received the Wednesday, January 16, 2008 In 2001 Mr. Britton returned back to Mo- MHA Ludwig Community Benefit Award. Mr. BISHOP of Georgia. Madam Speaker, I desto and joined the city of Modesto. He start- Madam Speaker, I ask the House of Rep- rise today to honor the achievements of the ed as deputy city manager and was appointed resentatives to join me in congratulating Hur- 2007 Georgia AAA State Football Champions, city manager in March 2005. During Mr. ley Medical Center for providing outstanding the George Washington Carver Tigers. On De- Britton’s time in office the city of Modesto has healthcare to the Flint community for the past cember 15th, 2007, the Tigers defeated an- made numerous improvements. In 2006 alone 100 years. Their mission statement is ‘‘Clinical other great football team in my district, the the city had increased downtown signage, and Excellence, Service to People.’’ Every person Cairo Syrupmakers by a score of 16–13 on a developed and increased participation in the living in Genesee County has been touched, rainy, windy day in Cairo, Georgia. Citizens Emergency Response Team. The either directly or through a loved one, by the The game was an epic battle between two Modesto Fire Department was also able to commitment of the employees, affiliated talented, well coached teams. This capped an add 12 new firefighters, a new fire truck, and healthcare providers and volunteers of Hurley undefeated 15–0 year for the Tigers and also the department was awarded funding to add Medical Center to live up to their motto. They delivered the school’s first State football title in three fire investigators to be available for all of continue to exemplify James Hurley’s vision to history. And the first state title in any sport Stanislaus County. In addition to all of this, the provide quality healthcare to everyone regard- since the basketball team accomplished this city was also awarded funding to increase the less of their income. I am grateful for their feat in 1971. capacity and ability of the airport. There have compassion and wish them the best for the I want to extend my congratulations to Prin- also been major developments with the city’s next 100 years. cipal Chris Lindsey, Coach Dell McGee and solid waste program, expansion of the youth f the entire Carver family for this great achieve- center, increased commerce, the creation of ment. more parks and bridges and 71 miles of roads IN MEMORY OF COACH NEAL I also want to extend my congratulations to were added, repaved or repaired. The city of WILSON the Cairo Syrupmakers for a great season. Modesto was able to make enormous strides They played all season with courage, spirit, under the direction of Mr. Britton. HON. MICHAEL C. BURGESS and intestinal fortitude. Madam Speaker, I rise today to commend OF TEXAS It takes a great deal of work and sacrifice to and congratulate George Britton upon his re- IN THE HOUSE OF REPRESENTATIVES assemble a State-championship football team. tirement from the city of Modesto. I invite my Wednesday, January 16, 2008 It takes the dedication of the young men who colleagues to join me in wishing Mr. Britton are playing on the team. It also takes a dedi- many years of continued success. Mr. BURGESS. Madam Speaker, I rise cated coaching staff who have the wherewithal f today to remember Coach Neal Wilson, the to dedicate their time and energy to not only longtime athletic director of Lewisville Inde- teaching young men about the game of foot- HONORING 100TH ANNIVERSARY OF pendent School District in Lewisville, Texas ball, but also the game of life. A winning foot- HURLEY MEDICAL CENTER and a tireless public servant. ball team can in many ways bring a commu- Coach Wilson began his four decade-long nity together. This team has brought this com- HON. DALE E. KILDEE coaching career in 1965 with the Lewisville munity together. OF MICHIGAN ISD, and was Lewisville head football coach The 99 young men that made up this year’s IN THE HOUSE OF REPRESENTATIVES from 1978 to the fall of 1985, when he as- football team accomplished something special. sumed full-time athletic director duties. He re- Wednesday, January 16, 2008 By accomplishing this special goal, they devel- tired in December 2000, but came back for oped the character that will help them to suc- Mr. KILDEE. Madam Speaker, I rise today brief athletic director stints at surrounding ceed in other aspects of life. I am proud to to honor the 100th anniversary of Hurley Med- school districts for several years. Coach Wil- represent these special young men and once ical Center in my hometown of Flint, MI. Hur- son then came back to assume the athletic di- again congratulate them on their history-mak- ley Medical Center kicked off a yearlong cele- rector role in the Lewisville ISD during the ing achievement. bration on January 11. spring of 2004, and then again in 2007. f In 1908, James J. Hurley left $55,000 and In 2003, Coach Wilson was inducted into property to the city of Flint to establish a hos- the Texas High School Coaches Association HONORING GEORGE W. BRITTON pital to treat everyone, regardless of their abil- Hall of Honor, and in 2005, Flower Mound ity to pay. The first Board of Managers, J. Dal- High School in Flower Mound, Texas, re- HON. GEORGE RADANOVICH las Dort, Charles A. Lippincott, Edward D. named its football stadium the Neal E. Wilson/ OF CALIFORNIA Black, William E. Martin, and George L. Walk- Jaguar Stadium. Coach Wilson was known as IN THE HOUSE OF REPRESENTATIVES er, implemented his vision. Mrs. Flint P. Smith a strong advocate of all sports and took great organized the first auxiliary to raise money for pride in making sure he not only gave equally Wednesday, January 16, 2008 the fledgling hospital. Their vision and hard to all sports, but also increased his knowledge Mr. RADANOVICH. Madam Speaker, I rise work paid off and the hospital opened its about every sport with each passing day. today to congratulate Mr. George Britton upon doors on December 19, 1908. His motto, according to Lewisville assistant his retirement from the city of Modesto as the Today Hurley Medical Center is a 443-bed athletic director Rody Durham, was that you city manager. Mr. Britton was honored on Jan- teaching medical center annually treating over have to give the kids a chance to win. Coach uary 3, 2008, in Modesto, CA. 20,000 persons for inpatient care and 76,000 Wilson expected himself and every coach to George Britton was born and raised in Mo- emergency room cases. It is the only Level I do their part to put their teams in the best po- desto, CA. After graduating from high school, trauma center and Level III neonatal intensive sition possible and lead by example. ‘‘When Mr. Britton attended the University of Oregon care unit in Genesee County. In addition to we have needed him, he’s always been there where he received a bachelor’s degree and these two services, Hurley Medical Center of- for us,’’ Coach Durham said. then attended the University of Southern Cali- fers the region’s only care centers in the fol- My thoughts go out to his wife Donna and fornia where he received a master’s degree in lowing specialties: burn center, maternal and two sons, Darrell and Lance, as well as a

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.002 E16JAPT1 smartinez on PRODPC61 with REMARKS January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E21 long-list of family and friends. Coach Wilson IN HONOR OF EDWARD DuBOSE Councilman Dunbar was born in Terre will be greatly missed by the many that are Haute, Indiana and attended Indiana Univer- fortunate enough to speak of the impact he HON. SANFORD D. BISHOP, JR. sity and Indiana State University where he re- had on their lives. OF GEORGIA ceived a bachelor of science degree in speech IN THE HOUSE OF REPRESENTATIVES and drama with a minor in political science. f Wednesday, January 16, 2008 After moving to southern California he at- tended University of Redlands, University of HONORING RAY KARPE Mr. BISHOP of Georgia. Madam Speaker, I California in Riverside and California State rise today to honor Edward Dubose, the presi- University, Fullerton and received a master of dent of the Georgia State Conference of the science degree in public school administration HON. KEVIN McCARTHY NAACP and Second District citizen. with a minor in political science and urban pol- OF CALIFORNIA Edward O. DuBose was born in Atlanta, itics. This was the beginning of Councilman Georgia, the third oldest of 10 children to IN THE HOUSE OF REPRESENTATIVES Dunbar’s first career as a teacher. Carnell and Margie DuBose. He received his Before Councilman Dunbar was an elected Wednesday, January 16, 2008 early education through the Atlanta public official, he worked in the public school system. school system, graduating from Harper High He began by teaching high school and junior Mr. MCCARTHY of California. Madam School. He then joined the United States Army high school. He moved to Merced, California, Speaker, I rise today to honor Ray Karpe, a where he completed 21 years of honorable resident and community leader from Bakers- in 1972 to pursue a position with the Merced service. Union High School District. He held various field, California, for his outstanding and exem- Mr. DuBose, who also earned a masters de- plary leadership while serving as the 2007 positions within the district, including; dean of gree in clinical mental health counseling, is a boys, vice-principal and learning director. In President of the Bakersfield Association of Re- licensed professional counselor, anger man- altors. 1980 he moved to Modesto, California to join agement specialist, member of the National the Sylvan Union School District, where he be- After earning a bachelor of science degree Board of Certified Counselors, and a member came the principal of Somerset Junior High in business administration from California of the Licensed Professional Counselors Asso- School. The school was named a ‘‘Top 100 State University, Bakersfield, Ray graduated ciation of Georgia. As the owner of Oxygen  Distinguished Junior High School’’ during his from the Graduate Realtor Institute, GRI, in Mental Health Counseling services, he pro- tenure. He was also the principal at Sylvan El- 1989. He began his real estate career with vides in-home counseling to at risk youth and ementary School, and was named the ‘‘Eighth Karpe Real Estate Center in 1986 and served families throughout the State of Georgia and District PTA Principal of the Year.’’ While as property manager, sales associate, loan of- Alabama. working for the school districts, he was also a In addition to his career as a counselor, Mr. ficer, project development manager, and vice part-time professor on various subjects at DuBose has served his community through president before becoming the center’s presi- Merced Junior College, California State Uni- leadership in the NAACP. He has served 7 dent. He received his real estate broker’s li- versity, Stanislaus, St. Mary’s College, and years as president of the Columbus, Georgia, cense in 1998. Chapman University. Councilman Dunbar re- branch of the NAACP, and 5 years as 2nd Ray Karpe has been a longtime leader in tired from education in 2001 and moved onto vice president of the Georgia State Con- local real estate matters, reflecting the same more civic duties. ference NAACP. In addition, he has served as success, enthusiasm, care, and commitment Councilman Dunbar served on the Planning Georgia State NAACP veterans affairs chair- to his community as two generations of Commission for the city of Merced for 2 years man and as the district coordinator for a 9- Karpes before him. He has served the Bakers- and on the Planning Commission for the city  county area. field Association of Realtors in all levels of of Modesto for 7 years serving as the chair- Mr. DuBose was elected to the position of leadership and served on over 35 committees man for 2 of those years. He was elected to president of the Georgia State Conference since becoming a Director of the association the Modesto City Council in 2003, and cur- NAACP on October 2005, and reelected for a in 2002. He became the third generation of rently serves as vice chair of the Finance second term in 2007. He is the only resident the Karpe family to be honored as the Real- Committee. Throughout his lifetime he has and NAACP member in Columbus history to tor of the Year in 2005 by the Bakersfield As- served in many capacities; as a baseball hold the title of State president. sociation of Realtors, before being appointed While serving the NAACP, Mr. DuBose led coach, Boy Scout leader, Kiwanis leader, president of the association in 2007. the organization to achieve several landmark member of the board of directors for the Mo- Ray has also ably represented Bakersfield accomplishments, including negotiating the desto chapter of the Red Cross, member of realtors and the Bakersfield community in the only NAACP radio show in Georgia, helping the Association of California School Adminis- State and national association. Since 2003, start the first Black History Month Parade in trators and Stanislaus Partners in Education. Ray has been a director of the California As- Columbus, Georgia now in its seventh year, Madam Speaker, I rise today to commend  sociation of Realtors , C.A.R., and has served and coordinating the largest protest march in and congratulate Councilman Robert Dunbar as chair and vice-chair of the Taxation Com- Columbus history by rallying over 15,000 peo- upon his retirement from the Modesto City mittee. And this year, C.A.R. President Bill ple to call for justice for the shooting death of Council. I invite my colleagues to join me in Brown appointed him to serve on the 2008 Kenneth Walker. wishing Councilman Dunbar many years of C.A.R. executive committee. Since 2006, Mr. Mr. DuBose is married to Cynthia DuBose continued success. Karpe has been a director of the National As- and they have three beautiful daughters; Cyn- f  sociation of Realtors , a member of the Tax- thia Harris, Casonya Hardaway Glover, and HONORING BRAD L. HARNICK ation Committee, and is a ‘‘National Golden Kimberly DuBose. Madam Speaker, it is my R’’ Member—President’s Circle. privilege to honor this man today for his dedi- In his free time, Ray is an active community cation to Columbus, the NAACP, the Second HON. DALE E. KILDEE OF MICHIGAN volunteer serving as a director on the boards Congressional District, and to the betterment of the California State University, Bakersfield of his State and Nation. IN THE HOUSE OF REPRESENTATIVES Foundation, Mercy Hospitals of Bakersfield, f Wednesday, January 16, 2008 and Garces Memorial High School. He is also HONORING ROBERT DUNBAR Mr. KILDEE. Madam Speaker, I rise today a member and past director of the Rotary Club and ask the House of Representatives to join of Bakersfield, the Young Presidents’ Organi- HON. GEORGE RADANOVICH me in congratulating Brad L. Harnick upon his zation, YPO, and a member of the 11 Gallon retirement from Michigan State University Ex- OF CALIFORNIA Club at the Houchin Community Blood Bank. tension for Genesee County. A reception for IN THE HOUSE OF REPRESENTATIVES A true mark of leadership is the generosity Brad was held on January 11th in my home- of time and talents that one gives on behalf of Wednesday, January 16, 2008 town of Flint, Michigan. his neighbors and communities. Ray Karpe Mr. RADANOVICH. Madam Speaker, I rise Brad began working for the Michigan State exemplifies this time-honored tradition. I com- today to congratulate Councilman Robert Dun- University Extension Service in 1978. He mend Ray for his service and leadership as bar upon his retirement from the Modesto City worked as the Genesee County 4–H Youth president of the Bakersfield Association of Re- Council. Councilman Dunbar was recognized Development Program associate until 1990. At altors and wish him and his family well as he at the city of Modesto swearing in ceremony that time he became the 4–H Youth Develop- continues to serve our community. held on December 19, 2007. ment agent and Extension educator.

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K16JA8.002 E16JAPT1 smartinez on PRODPC61 with REMARKS E22 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2008 During his tenure he developed several pro- Mercy Hospital Cadillac provides health care Geneva’s parents passed away, she also grams to promote leadership, citizenship, services to more than 60,000 residents across cared for and raised her baby brother Glenn. achievement, and community service in young four counties, and with more than 600 employ- Chester and Geneva remained active in the people and adult volunteers. He created the ees is one of the area’s largest employers. community during their marriage by partici- Citizenship Academy, the Adolescent Men- Madam Speaker, Mercy Hospital Cadillac pating in Chester’s Masonic Lodge and Amer- toring Program, and the Genesee After-School has contributed greatly to its community by ican War Dads. For 12 years Geneva was the Program. He was a significant contributor to continuing the legacy of Mr. and Mrs. Diggins national pianist for the American War Dads or- the development of the Capitol Experience and is deserving of the recognition of the U.S. ganization. After Chester’s death Geneva re- Program, Exploration Days, and the Great House of Representatives. mained active in American War Dads and Lakes Environmental Camp. f other community organizations. As the 4–H coordinator for Genesee Coun- Madam Speaker, I proudly ask you to join ty, Brad has instilled the four values of 4–H: CONGRATULATING THE me in recognizing Geneva as she celebrates head, heart, hands and health, into thousands LEWISVILLE INDEPENDENT her 100th birthday. It is an honor to represent of young people. He has brought the re- SCHOOL DISTRICT FOR RECEIV- Geneva in the United States Congress, and I sources of Michigan State University Exten- ING AN AA+ BOND RATING FOR wish her the best of luck in the future. 2007 sion and the 4–H program into partnership f with schools, churches, community groups and youth-serving organizations to enhance the HON. MICHAEL C. BURGESS HONORING ROBERT CRAWFORD advancement of young persons throughout OF TEXAS Genesee County. IN THE HOUSE OF REPRESENTATIVES HON. SHELLEY MOORE CAPITO Madam Speaker, I ask the House of Rep- Wednesday, January 16, 2008 OF WEST VIRGINIA resentatives to join me in thanking Brad L. IN THE HOUSE OF REPRESENTATIVES Harnick for his service to our youth. His inno- Mr. BURGESS. Madam Speaker, I rise Wednesday, January 16, 2008 vative programs have educated, his creativity today to congratulate the City of Lewisville’s has inspired, and his leadership has enhanced Independent School District. The Lewisville Mrs. CAPITO. Madam Speaker, I rise to the lives of countless children. I am grateful Independent School District has received an honor Robert Crawford, for his retirement and that he devoted his life to giving life skills to AA+ bond rating for 2007. years of dedicated service to the citizens of the young people of Genesee County and I District officials apply for the ratings each Berkeley County. wish him the best for the future. year, which are granted by Standard and ‘‘Bob,’’ as he is better known to his friends f Poor’s Corporation of New York. Lewisville is and colleagues, has served as the executive the only district in Texas, and one of three dis- director of the Berkeley County Development HONORING MERCY HOSPITAL CAD- tricts in the Nation, to receive such a rating Authority since March 1990. ILLAC ON THE 100TH ANNIVER- this year. During his tenure, he has experienced the SARY OF ITS PUBLIC DEDICA- The Lewisville Independent School District many changes Berkeley County has under- TION has demonstrated a strong aptitude for in- gone in the past 18 years as it transformed creasing fund balances while responding to from a small rural county to a bustling bed- HON. PETER HOEKSTRA modifications in State funding policies. The room community of the Washington, DC metro OF MICHIGAN AA+ rating is an improvement from the dis- area. Bob has worked tirelessly to assure that IN THE HOUSE OF REPRESENTATIVES trict’s AA rating in 2006. all the needs of the county were sufficiently The Lewisville Independent School District met despite surging growth and infrastructure Wednesday, January 16, 2008 has managed to increase its bond rating from challenges. Mr. HOEKSTRA. Madam Speaker, I rise AA¥ to AA+ in two years, despite statewide As executive director of the Berkeley County today to honor the founders, administrators, school finance issues. State funding policies Development Authority, Bob has been in- staff and supporters of Mercy Hospital Cadillac have been changed multiple times throughout volved with the development of the two major as they celebrate the 100th anniversary of the the last decade, and Lewisville has positively industrial parks; Cumbo Yard Industrial Park hospital’s public dedication. modified its spending practices each time in and Tabler Station Business Park. He also Madam Speaker, Mercy Hospital Cadillac response. played a major role in recruiting industries to has helped to ensure that the local community I extend my sincerest congratulations to the the area that serve as the county’s major em- has remained healthy and productive since City of Lewisville and the Lewisville Inde- ployers. 1908. pendent School District. It is my hope that It is an honor to congratulate such a distin- Mr. and Mrs. Delos F. and Esther Diggins they will continue to be as fiscally responsible guished public servant for his years of service started construction on a home for the sick in and resourceful as they have proven them- and contributions to Berkeley County and the 1907 and entrusted it to the Sisters of Mercy selves to be in the past. It is my honor to rep- State of West Virginia. I’m proud to call Bob in 1908. It admitted its first patient on January resent them in the United States Congress. a friend and fellow West Virginian. I wish him 15, 1908, and it was dedicated to its purpose f all the best in the years to come. by a reception to the public on January 20, f 1908. It will be rededicated to its purpose dur- RECOGNIZING GENEVA MAE SMITH ing a public celebration on Sunday, January HONORING SAMUEL ARTHUR 20, 2008. HON. SAM GRAVES FRIEDMAN From 1908 to 1934 Mercy Hospital con- OF MISSOURI ducted a nursing program titled the ‘‘Mercy IN THE HOUSE OF REPRESENTATIVES HON. TOM COLE Hospital School of Nursing,’’ which prepared Wednesday, January 16, 2008 OF OKLAHOMA young women for careers as skilled nurses. In IN THE HOUSE OF REPRESENTATIVES 1952 the Mercy School of Practical Nursing Mr. GRAVES. Madam Speaker, I proudly was founded, and it educated 1,115 students pause an ask you to join me in recognizing Wednesday, January 16, 2008 before closing in 1985. It was ranked first or Geneva Mae Smith of Gladstone, MO. Gene- Mr. COLE of Oklahoma. Madam Speaker, I second by the Michigan Nursing Board in its va celebrated her 100th birthday on January rise today to honor Professor Samuel Arthur last 16 years. 9, 2008, and it is my privilege to offer her my Friedman for his devotion and extensive con- The hospital is currently engaged in an $11 warmest regards on achieving this important tributions to the science and literature of geol- million capital campaign to modernize its facili- milestone. ogy. ties and invest in new technologies, which so Geneva Mae Richardson was born to Lille As a leading authority on coal geology and far has provided it with the means to construct Mae and Lee Howard Richardson in Kansas resources, Professor Friedman developed his a 1,800-square-foot Obstretrical Unit, a new City, KS, on January 9, 1908. Geneva was passion early on earning his undergraduate emergency department and a new radiology one of eight children born into the Richardson degree from Brooklyn College, a master’s in department. The initiative will build upon the family. On October 11, 1924, Geneva married geology from Ohio State University along with hospital’s successes and ensure that it has Chester Melvin Smith. Geneva and Chester completing graduate work in geology at Indi- the best equipment, expertise and infrastruc- had four children: Geneva Mae, Chester Mel- ana University and the University of Ten- ture. vin, Georgia Bea, and Frank Cooper. After nessee.

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.009 E16JAPT1 smartinez on PRODPC61 with REMARKS January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E23 For 15 years, Professor Friedman served as Tigers scored over 43 points per game. De- family to be born on U.S. soil. She was the an expert on coal formations at the Geological fensively, Katy allowed an average of only 8 second daughter to her parents, Edgar and Survey at Indiana University after which he points per game. Thea Barbe, who had recently arrived in New became the coal project leader for the U.S. The Katy Tigers advanced to the champion- York. The family moved to California and then Bureau of Mines in Tennessee and Pennsyl- ship game by easily defeating Strake Jesuit returned to the East Coast. vania. In 1971, he joined the Oklahoma Geo- College Preparatory 51–18 in the bi-district In 1936, she married Raphael S. Cantini, a logical Survey where he established a coal re- playoff game, by defeating Houston Madison surgeon from New Jersey, and together, they search program and taught coal geology semi- High School 42 to 8 in the Region 3 semi- raised a family. She dedicated her life to the nars as a member of the graduate faculty of finals, by defeating Pasadena Memorial High welfare and happiness of those around her. the School of Geology and Geophysics. Pro- School 30 to 14 in the Region 3 champion- The American people can look to Mrs. Cantini fessor Friedman also chaired master’s stu- ship, by defeating Fort Bend Clements High as a model for family values. dents’ thesis committees and organized con- School 42 to 0 in the quarterfinal playoff Mrs. Cantini has always lived a graceful and tinuing education classes in the fundamentals game, and by defeating San Antonio Madison creative life, and throughout her 100 years, of coal geology. High School 66 to 21 in the State semi-final she has excelled in flower arranging and He has held numerous leadership positions game. drawing. She would create doll houses out of in professional geological societies such as The Katy Tigers rose to the challenge dur- cardboard with her grandchildren and espe- serving as chairman of the Coal Geology Divi- ing the championship game against the cially enjoyed making paper dolls and all their sion of the Geological Society of America and Pflugerville Panthers, in San Antonio at the clothing for her granddaughters. receiving the division’s Distinguished Service Alamodome. Katy scored 28 unanswered I join her family and friends in wishing Mrs. Award in 1992. Professor Friedman was also points after being down 7 in the first half. A Marguerite Cantini a very happy birthday. awarded the Past Presidents Award, the Dis- hail mary at the end of the first half changed f tinguished Founders Award, and the Distin- the momentum for the Katy Tigers to finish out IN HONOR OF THE PRESIDENT OF guished Service Award from the American As- the State championship game with a final JESUS THE HOPE OF ROMANIA, sociation of Petroleum Geologists Energy Min- score of 28–7, a truly outstanding accomplish- PETER DUGULESCU erals Division. In recognition of his extensive ment. contributions to the science of geology and of The win is Katy’s fifth title all-time and fourth his generous commitment to the advancement since 1997. More significantly, it is the first for HON. FRANK R. WOLF of his profession, Brooklyn College awarded head coach Gary Joseph, who ran his all-time OF VIRGINIA him the Distinguished Alumnus Award in 1995. win-loss record to 55–4 with the victory. It was IN THE HOUSE OF REPRESENTATIVES Professor Friedman’s work as a research not just a State title however, as the Tigers Wednesday, January 16, 2008 and resources coal geologist with the U.S. Bu- would find out about 30 minutes after the Mr. WOLF. Madam Speaker, on behalf of reau of Mines and the Oklahoma Geological game’s final whistle. Coach Joseph an- my colleagues Representative CHRISTOPHER Survey, his excellent relationship with Federal nounced to a packed home locker room that H. SMITH of New Jersey and Representative and State agencies, and his role as a principal the Tigers had been voted the No. 1 team in JOSEPH R. PITTS, we rise today to honor the investor in geology projects have all contrib- the Nation by ESPN. A roar of shouts, whis- memory of Pastor Peter Dugulescu, who was uted to his being recognized as a leading ex- tles and cheers filled the underground cor- the founder and president of the charitable or- pert in the field of coal geology and resources. ridors of the Alamodome following that an- His biography has been listed in American ganization ‘‘Jesus the Hope of Romania’’ and nouncement as Katy returned to the top of the who passed away from a heart attack on Jan- Men and Women of Science, Marquis Who’s charts in Texas for the first time since 2003. Who in America, Who’s Who in Science and uary 3, 2008. In addition, Katy is ranked No. 4 in the USA Pastor Dugulescu was born in 1945 in Ro- Engineering, and Who’s Who in the World. Today Super 25 football rankings. mania, eventually marrying and having four Madam Speaker, I would like to ask my col- The success of these fine young athletes of leagues to join me in congratulating Professor children. He served as a Baptist pastor during Katy High School serves as an inspiration for the Communist regime, and was seen as a Samuel Arthur Friedman on his many accom- their school and community. I know from my plishments in the field of coal geology. fighter of the revolution and a true spiritual own experience how high school football leader in Romania. He was given the honor of f teaches you not only how to win on the field many awards, including the ‘‘Ambassador of TRIBUTE TO KATY HIGH SCHOOL but also how to succeed in life. It teaches you Peace’’ award from the Interreligious and FOOTBALL TEAM that through hard work, discipline, dedication, International Peace Council. and teamwork you can dream any dream and Pastor Dugulescu was a dear friend of HON. MICHAEL T. McCAUL achieve any goal. I know that these fine ath- many of us who have followed events in Ro- letes will apply their success on the football OF TEXAS mania over the years. He was a strong Chris- field to their lives after high school to accom- IN THE HOUSE OF REPRESENTATIVES tian, and a selfless servant of the poor. His plish great things. Wednesday, January 16, 2008 charity opened an orphanage, created feeding I officially recognize and honor the out- programs for the impoverished, and estab- Mr. MCCAUL of Texas. Madam Speaker, I standing achievements and contributions by lished a home for the elderly and handicapped rise today to congratulate the Katy High the 2007 Katy High School Varsity Football children. The loss of this bright soul will be felt School football team of Katy, Texas, on their Team, coaches, school and loyal fans, for acutely by all whose lives he touched. We ex- Class 5A, Division II Texas State football their exemplary representation of our commu- tend our condolences to his family and friends. championship on Saturday, December 22, nity. Congratulations Katy Tigers. I commend f 2007. you on a spectacular football year and wish Katy High School became the Class 5A, Di- you the best next season and beyond. THE RETIREMENT OF DOUG vision II State champions after defeating f MACDONALD Pflugerville High School, 28 to 7, at the Alamodome in San Antonio, Texas. HONORING MRS. MARGUERITE HON. PETER A. DeFAZIO CANTINI Starting the season as the second-ranked OF OREGON team in Class 5A and ending the regular sea- IN THE HOUSE OF REPRESENTATIVES son as the top-ranked team, the Katy Tigers HON. RON KLEIN Wednesday, January 16, 2008 were a team expected to do great things, and OF FLORIDA they did. When the senior players were fresh- IN THE HOUSE OF REPRESENTATIVES Mr. DEFAZIO. Madam Speaker, I rise today men, they made it their goal to win a State to pay tribute to a dedicated member of the championship game and with much hard work Wednesday, January 16, 2008 United States Forest Service as he concludes and determination this objective was accom- Mr. KLEIN of Florida. Madam Speaker, I his 32-plus years of service to his country. Mr. plished. Always tough to live up to expecta- rise to honor Mrs. Marguerite Cantini of Fort Doug Macdonald deserves this honor. Orego- tions, the Tigers did so and then some in Lauderdale, FL, who will turn 100 years old on nians are grateful for his contributions to the claiming the Class 5A, Division II title in 2007 January 25, 2008. wise and sustainable use of our Nation’s for- with a perfect 16–0 season record. Mrs. Cantini is the paradigm of her genera- ests. Throughout the season, both the offense tion. Her parents immigrated to the United Doug Macdonald’s personal and profes- and defense were dominant. Offensively, the States, making her the first generation of her sional career accomplishments are as diverse

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.013 E16JAPT1 smartinez on PRODPC61 with REMARKS E24 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2008 as they are noteworthy. His loyal service and HONORING MANUEL ESCONTRIAS Those of us that he left behind will forever sacrifices for over three decades working in ON HIS RETIREMENT remember his brave actions that day. His the communities of Oregon are a testament to heroics deserve a place in history on the Na- all who use and appreciate our public lands. I HON. GENE GREEN tional Law Enforcement Officers Memorial would like to take a moment to reflect upon OF TEXAS here in Washington. This memorial contains a Doug’s career as he makes the transition to IN THE HOUSE OF REPRESENTATIVES fitting quote that sums up Detective Haws’ life beyond Government service. Wednesday, January 16, 2008 life—‘‘In Valor—There is Hope’’. Born in Yakima, Washington, Doug learned Detective Haws, a devoted husband, and a to speak Japanese before he spoke English Mr. GENE GREEN of Texas. Madam loving father, is survived by his wife Francis because he spent time in Japan as a toddler Speaker, I rise today to commend Mr. Manuel and three wonderful sons Dominik, Nicholas while his father was serving in the Armed Escontrias on announcing his retirement from and Evan. Forces. His family then moved to upstate New Exxon-Mobil, after 38 years of service. Mr. I ask that my colleagues join me in solemn York where Doug gained appreciation for the Escontrias, a long time Baytonian, served his tribute to Detective Kent Haws, whose actions outdoors at their home near the Catskill Moun- community for 6 years as a District 3 city undoubtedly saved others. tains. After high school, Doug started college councilman, 6 years as a Goose Creek school f in Boston but the lure of the Pacific Northwest board trustee and as a Lee College regent for pulled him back to where he calls home. 1 year. HONORING THE 40TH ANNIVER- Doug joined the Army National Guard where Mr. Escontrias holds a bachelor’s degree in SARY OF THE FELD FAMILY he served his country for 6 years. He grad- science from Texas A&M and a master’s de- OWNERSHIP OF THE RINGLING uated with a civil engineering degree from the gree from Pepperdine University. In 1968, Mr. BROS. AND BARNUM & BAILEY University of Washington and in 1975 started Escontrias went to work for the Exxon-Mobil CIRCUS his Forest Service career as a civil engineer Chemical Plant as the first Hispanic engineer trainee on the Willamette National Forest. at the Baytown complex. HON. VERN BUCHANAN Doug’s career in the Pacific Northwest Re- In the 1980s, while with Exxon-Mobil, Mr. OF FLORIDA gion of the Forest Service included positions Escontrias helped develop and build the IN THE HOUSE OF REPRESENTATIVES in the regional office in Portland, Oregon, and Exxon Coal Liquefaction Plant (ECLP), was in- on the Malheur National Forest in John Day, volved in the biggest expansion in the com- Wednesday, January 16, 2008 Oregon. In 1986, Doug returned to the Willam- pany’s history, and was part of the Exxon- Mr. BUCHANAN. Madam Speaker, I rise ette National Forest as the Assistant Forest Mobil Process/Risk Management Group. today to recognize the Feld Family, who, for Engineer and eventually was promoted to the Through his 40 years as a Baytonian, Mr. forty years have preserved the legacy of the Forest Engineer. In the 1990s, Doug was part Escontrias has been involved with many local circus and provided Americans with quality of an international team that traveled to Indo- groups including the United Way, the Hispanic family entertainment. On November 11, 1967, nesia for 3 or 4 weeks per year to train Indo- Chamber of Commerce, the Lakewood Civic Irvin Feld fulfilled a life long dream by pur- nesian foresters to design and build environ- Association, and many more. For his involve- chasing the Ringling Bros. and Barnum & Bai- mentally sensitive roads. He retires as the ment in the community, Mr. Escontrias was ley circus, which for years made its winter Zone Engineer for the Willamette, Siuslaw, awarded the Henry B. Gonzalez Leadership home in Sarasota, Florida. Quickly, Irvin Feld and Mt. Hood National Forests. as well as the Award. made changes to modernize the show and Columbia River Gorge Scenic Area. And so it is with great pleasure that I recog- ushered in the era of modern American enter- Early in his career, Doug was instrumental nize Mr. Manuel Escontrias, for his service to tainment. in developing and implementing new forest Exxon-Mobil and the city of Baytown, and I An astute promoter, Irvin Feld designed a road designs that were efficient, cost effective, congratulate him on the announcement of his new two-year tour system for Ringling Bros. and more environmentally sensitive. Doug also retirement. and Barnum & Bailey. He purchased the Cir- played a significant leadership role in bringing f cus Williams and created a second unit of together research science and engineering to Ringling Bros. equal in size, scope, and qual- improve hydrologic function and fish passage HONORING DETECTIVE KENT ity to the first. The second unit showcased the on forest roads and culverts. In the last sev- HAWS incredible talents of Gunther Gebel-Williams, eral years, Doug has worked tirelessly to en- who captivated American audiences for 30 hance the facilities of the Forest Service. He HON. DEVIN NUNES years. has forged new partnerships and inspired in- OF CALIFORNIA Just like the great Barnum, Feld devised na- novation and creativity to reduce costs and im- IN THE HOUSE OF REPRESENTATIVES tional advertising campaigns and creative pub- prove the vital facilities for the entire Pacific Wednesday, January 16, 2008 lic relations, to reinstate the Ringling circus as Northwest Region. In my own district, Doug America’s living treasure. It is not surprising was responsible for initiating a partnership to Mr. NUNES. Madam Speaker, I take this that Irvin Feld was dubbed ‘‘The Greatest build an interagency center to house the new opportunity to pay tribute to Tulare County offices for the Forest Service, the BLM, and Sheriff’s Detective Kent Haws, who, at the age Showman on Earth.’’ To save the art of clowning from extinction, the Oregon Military Department. His efforts of 38, sacrificed his life in the line of duty so helped save tax payers millions of dollars in others may live. Irvin Feld founded the Ringling Bros. and Bar- facilities costs. Detective Haws honorably served our Na- num & Bailey Clown College in 1968. Origi- Among Doug’s numerous and exemplary tion in the United States Army and subse- nally located in Venice, Florida, then relocated accomplishments, none are more evident than quently went on to serve his community as a to Baraboo, Wisconsin and finally, Sarasota, the relationships he has built and his commit- member of the Tulare County Sheriff’s Depart- Florida it was the world’s first and only ‘‘Clown ment to others that he tirelessly displays. ment. College.’’ Doug has touched so many people both in After spending time overseeing local pris- In 1970, Feld’s son, Kenneth, joined the or- and outside the Forest Service. His caring for oners, he was posted to a community officer ganization and was made a co-producer in people has resulted in immeasurable benefits position covering the Porterville area. His tal- 1973. When Irvin Feld suddenly died on Sep- to the people of Oregon and our Nation. ents and commitment to duty were quickly rec- tember 6,1984, Kenneth Feld immediately as- Madam Speaker, it is with great honor for ognized with an appointment to the prestigious sumed control and has surpassed the level of me to present these credentials of Doug Mac- Sheriff’s Tactical Personnel Unit. In this capac- entertainment excellence set by his father and donald to the House of Representatives today. ity, he led his team in tactical responses to other legendary showmen before him. Ex- It is clear through all of his accomplishments drug cartel activities in our Nation’s forests panding the circus, he instituted a third unit that he has dedicated himself to furthering the and parks. that travels all across America. benefits we enjoy on public lands. All of his Detective Haws’ commitment to his commu- Today, Kenneth Feld is the largest provider actions reflect a true leader with a sense of nity was proven last December when he fear- of live action family entertainment in the world. purpose, commitment, and conscience. lessly confronted a suspicious individual on a The Feld legacy continues through the third As Doug departs from public service, I ask back road of our farming community. That generation with Kenneth Feld’s daughters, Ni- my colleagues to join me in delivering an ap- confrontation ended with Detective Haws’ cole and Alana, who work to maintain the high preciative tribute from a grateful nation, and making the ultimate sacrifice for his family and quality, family-focused productions that have best wishes to him and his family for a pro- his community. His true act of heroism will been the hallmark of the ‘‘Greatest Show on ductive and rewarding retirement. only be known between himself and his God. Earth.’’

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.019 E16JAPT1 smartinez on PRODPC61 with REMARKS January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E25 The Feld’s support school curriculum pro- President Bush nominated Judge Figa to Hamann and was the first to petition the Army grams and have developed Circus Fit, a na- the United States District Court and he was to reverse the conviction. The Army Review tional youth fitness program. To help preserve confirmed by the United States Senate on Oc- Board required each family to apply individ- the Asian elephant, Kenneth Feld established tober 2, 2003. During the confirmation proc- ually for a review. Bipartisan requests were the Center for Elephant Conservation (CEC) in ess, Senators of both parties viewed him as made in Congress to review the case. In Octo- central Florida in 1995. This state-of-the-art highly intelligent and a fair prospective jurist. ber, 2007, an Army review board, acting on breeding and retirement facility is dedicated to Many friends, family and associates have evidence uncovered by Hamann’s book, over- the conservation, breeding, and study of the praised Judge Figa as ‘‘even handed’’ ... turned Townsell’s conviction. The analysis Asian elephant. ‘‘smart, caring and authentic’’ ... ‘‘a great ju- used to reverse Townsell’s conviction would In each generation, the Feld family has con- rist’’ ‘‘a true humanitarian’’ ...‘‘one who apply to all of the soldiers convicted, an Army tinued to capture children of all ages by pre- brought passion and integrity to the field of lawyer who reviewed the case for the review serving the great American circus and led the law ‘‘. . . a humble and gracious man who board told The New York Times. Ringling Bros. and Barnum & Bailey Circus, genuinely cared about helping other people.’’ I Hamann’s investigation uncovered racial The Greatest Show on Earth, into the 21st was honored to give the highest recommenda- bias against the soldiers, including charges century. tion to the Senate Judiciary Committee. On a being brought immediately without the benefit I thank my colleagues for joining me in rec- personal note, Judge Figa was a good friend of full counsel which led to their unfair convic- ognizing the contributions of the Feld Family of both me and my husband. He was loved tions. This incredible story also involves Leon to American culture and entertainment. and respected across the legal community. Jaworski, a young lieutenant who prosecuted f Judge Figa was a mensch—an upright, honor- the case for the Army and later served as spe- able and decent human being. cial prosecutor in the Watergate case. TRIBUTE TO PHILLIP S. FIGA Judge Figa has been recognized with sev- Hamann discovered that Jaworski failed to UNITED STATES DISTRICT eral accolades and honors including nomina- share evidence with defense lawyers that COURT JUDGE tion to the International Society of Barristers, could have exonerated the black soldiers. the American Bar Foundation and the Colo- Hamann said it seemed suspicious that black HON. DIANA DeGETTE rado Bar Foundation. He was honored by the soldiers in 1944 would participate in a lynch- OF COLORADO Colorado Supreme Court for ‘‘outstanding ing, given the racial attitudes in America at the IN THE HOUSE OF REPRESENTATIVES leadership of the Coalition for the Independ- time. According to his research, no black per- Wednesday, January 16, 2008 ence of the Colorado Judiciary’’ and in Janu- son had ever been put on trial for a lynching ary of 2006, he was named one of the Lead- until then. Ms. DEGETTE. Madam Speaker. I rise to ing Judges in America by The Lawdragon. On A lawyer who specializes in military affairs honor the extraordinary life and exceptional February 4, 2008, the Anti-Defamation League helped the Townsell family with their petition accomplishments of United States District will present the late Judge Figa with the Dis- to the Army review board. The decision that Court Judge Phillip S. Figa. This exceptional tinguished Community Service Award ‘‘for his overturned Townsell’s conviction was a sweet jurist merits both our recognition and esteem commitment to human rights and dignity, and victory for justice in our country. as his impressive record of civic leadership his dedicated service to his community, state On January 19th 2008, the family will cele- and invaluable service has improved the lives and nation.’’ Judge Figa lived a life that is rich brate their legal victory with a ceremony at- of many Coloradoans. in consequence and our country is a better tended by Army officials to recognize the over- Sadly, Judge Figa was taken from us by a place because of his labors. Truly. we are all turning of this conviction after 63 years. I am brain tumor at the young age of 56 and he will diminished by the all too early passing of this honored to have this opportunity to pay tribute be greatly missed. His passion for the law and remarkable gentleman and our thoughts are to Mr. Townsell and to his family. Mr. justice and his capacity for community service with Candace Figa and their two children, Ben Townsell’s good name has now been restored. were beyond measure. He molded a life of and Elizabeth. Please join me in paying tribute f genuine accomplishment and served our Na- to the life of United States District Court Judge tion with distinction. His passing is a great loss Phillip S. Figa, a distinguished jurist. It is the COMMEMORATING THE 25TH ANNI- to the Federal bench and our entire commu- values, leadership and dedication he exhibited VERSARY OF PHEASANTS FOR- nity. during his life that serves to build a better fu- EVER Judge Figa was born in 1951 in Skokie, Illi- ture for all of us. nois, the son of Holocaust survivors from Po- f HON. BETTY McCOLLUM land. He earned a scholarship to Northwestern OF MINNESOTA University and graduated with a degree in ec- IN TRIBUTE TO MR. BOOKER IN THE HOUSE OF REPRESENTATIVES onomics. While at Northwestern, he met and TOWNSELL married Candace Cole Figa. He went on to Wednesday, January 16, 2008 graduate from Cornell Law School and started HON. GWEN MOORE Ms. MCCOLLUM of Minnesota. Madam his law practice in Colorado at Sherman & OF WISCONSIN Speaker, I rise today to honor the members of Howard in 1976. Four years later, Judge Figa IN THE HOUSE OF REPRESENTATIVES Pheasants Forever for their strong legacy of became a founding partner of Burns, Figa & environmental advocacy and conservation on Will, P.C. and became the firm’s President. Wednesday, January 16, 2008 the occasion of the 25th Anniversary of the or- For over 26 years, Judge Figa maintained a Ms. MOORE of Wisconsin. Madam Speak- ganization. broad litigation-oriented practice and estab- er, I rise today to recognize Mr. Booker Pheasants Forever started with a campaign lished a national reputation as an expert in the Townsell. Mr. Townsell was falsely accused for a Minnesota pheasant stamp. Since that field of legal ethics. He was actively involved along with 42 other African-American soldiers modest beginning, the organization has dem- in the Colorado legal community and served for rioting and lynching an Italian POW at Fort onstrated just how effective conservation at as President of the Colorado Bar Association Lawton, an Army base in Seattle in 1944. It the grassroots level can be. By working with and as Chair of the Ethics Committee. He was the largest and longest Army courts-mar- local farmers to restore marginal lands, a few served on the Civil Justice Reform Act Advi- tial of World War II. Mr. Townsell was ulti- pioneering Minnesotans started a movement sory Committee and on the Colorado Commis- mately court-martialed and convicted with 27 that has spread across North America with sion on Judicial Discipline. He served as an others and served two years in prison. After great success. Currently the members of instructor at the University of Denver College 63 years, Booker Townsell has been fully ex- Pheasants Forever organize the efforts of of Law and the National Institute of Trial Advo- onerated. Mr. Townsell was not able to see hunters, farmers, and environmentalists in cacy. Judge Figa was also one of the founding this travesty reversed having died in 1984 at nearly 30,000 restoration projects each year. members of the Faculty of Federal Advocates the age of 69. However, his family persevered During the past 25 years, these efforts have and is credited with the development of the until he was fully exonerated for a crime he helped to protect 4 million acres of wildlife very successful Pro Bono Mentoring Program. did not commit. habitat. As a former Chair of the Mountain States Re- Members of Mr. Townsell’s family learned of Pheasants Forever has accomplished great gion of the Anti-Defamation League. Judge Jack Hamann’s, 2005 book, ‘‘On American things over the past two and a half decades Figa was deeply committed to fighting bigotry, Soil: How Justice Became a Casualty of World in the areas of critical habitat improvement, extremism, anti-Semitism and supporting Holo- War II’’, which chronicled the Fort Lawton public and private land management, and pub- caust awareness. court martial. The Townsell family contacted lic awareness and education. Hunting and

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.023 E16JAPT1 smartinez on PRODPC61 with REMARKS E26 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2008 other outdoor recreational activities are strong to note that the Democrats have done a better road bus security grants, and $16 million for traditions for many families in Minnesota and job at funding key homeland security pro- trucking security grants. This is in contrast to across America. Thanks to the foresight and grams, but as always, more needs to be done. the authorized amount in P.L. 110–53 which hard work from the members of Pheasants As the first Democratic chairman of the called for $650 million for public transit, $300 Forever, these traditions can be passed down Committee on Homeland Security, I am happy million for rail, and $150 million for Amtrak. for generations to come. to note that the appropriated dollars will go a I also support the bill’s provision of $523.5 Madam Speaker, please join me in honoring long way to implementing the recommenda- million for information technology and intel- Pheasants Forever on its first 25 years of tions of the 9/11 Commission which are codi- ligence for transportation security and the in- grassroots advocacy. fied in a bill I had the distinct honor of devel- creased funding for Red Teams at $6.26 mil- f oping and steering toward passage—the Im- lion—a 50 percent increase over the enacted plementing Recommendations of the 9/11 level of fiscal year 2007. Finally, the bill pro- CONGRATULATING LIBERTY Commission Act of 2007, P.L. 110–53. I am vides $46 million for surface transportation se- CHRISTIAN SCHOOL also glad that the fiscal year 2008 appropria- curity, an increase from the $41.4 million en- tions for the Department of Homeland Security acted in fiscal year 2007. Of the proposed HON. MICHAEL C. BURGESS are fairly consistent with my eight-point plan— amount for fiscal year 2008, $24.5 million is OF TEXAS the ‘‘Real Deal on Homeland Security.’’ This for staffing and operations, $22.1 million is for inspectors and canines, and another $30 mil- IN THE HOUSE OF REPRESENTATIVES 8–point plan is what I have used to develop lion is provided for security training program, Wednesday, January 16, 2008 key legislative and oversight initiatives aimed at ensuring that ours is a Nation that can flour- transportation risk assessment, and the devel- Mr. BURGESS. Madam Speaker, I rise ish free from fear. In particular, the fiscal year opment of regulation for name-based immigra- today to congratulate Liberty Christian School 2008 appropriations reflect the Real Deal in tion screening for public transportation and rail in Argyle, Texas for winning the TAPP Division the following way: workers. 3. RESPONSE, RESILIENCE, AND RECOVERY IN THE WAKE II State Championship in football. 1. IMPROVING THE FUNCTIONALITY, GOVERNANCE, AND OF A NATIONAL CATASTROPHE This season’s title was the program’s third ACCOUNTABILITY OF THE DEPARTMENT OF HOMELAND state title in six tries, and capped a season in SECURITY I am pleased that key programs to assist which the Warriors went 12–2 and were the The Department of Homeland Security FY first responders and State, local, and tribal No. 1 ranked team in the Dallas Morning 2008 appropriations bill provides $28.49 mil- governments have been funded above the News’ Large Private School poll the entire lion for the Chief Procurement Officer which is President’s request. Specifically, the State season. Liberty Christian’s season was cer- $11.5 million above the enacted fiscal year Homeland Security Grant Program which pro- vides grants to first responders in all 50 States tainly a magical one. After beginning the sea- 2007 level. This increase funding can help the and U.S. Territories to help them prevent, pre- son 1–2, the Warriors won 11 games in a row. office attract and retain experienced staff to pare for, and respond to an act of terrorism or They held opponents to two touchdowns or manage procurements. The bill also provides other emergency is funded at $950 million. less in nine of those games while scoring 40 a $108.7 million for the Office of Inspector The Urban Area Security Initiative, which ad- or more points in eight games during that General at the Department of Homeland Secu- dresses the unique planning, operations, stretch. rity, $6 million above the enacted fiscal year equipment, training, and exercise needs of The Athletic Director of Liberty Christian, 2007 level. It is also notable that the bill’s high-threat, high-density urban areas, is fund- Coach Darren Chrane, attributed the success Joint Explanatory Statement makes clear that ed at $820 million—a $50 million increase in of this season’s team after their rough start to Congress favors contracts awarded by full and funding over FY 2007 levels. the resolve of their senior class. ‘‘They de- open competition. The bill also acknowledges The bill also provides $41 million for the cided that they weren’t going to be denied a the operation of the Small Business Act and Metropolitan Medical Response System, win and went out there and dominated against therefore does not adversely affect the award MMRS; $300 million for Emergency Manage- a good football team.’’ Coach Chrane stated. of contracts to small, minority and disadvan- ment Performance Grant, EMPG, program; This year’s team was eighth out of all pri- taged businesses. In addition, the bill requires $560 million for FIRE grants; $190 million for vate schools in offense with an average of 384 the Inspector General to review contracts the SAFER Act program; and $32.5 million for yards per game. Defensively, the Warriors awarded by means other than full and open the Urban Search and Rescue System, USAR, were 11th overall with 246 yards against per competition to determine compliance with the a $7.5 million increase over the enacted level game. law. Finally, I am very pleased that the bill in fiscal year 2007. These student athletes exemplify the type of provides no funding for MAX–HR but rather I also support the bill for directing FEMA to leadership and work ethic we all strive to pos- provides $10 million for the Department of assist communities by ensuring disaster pre- sess. I extend my sincerest congratulations to Homeland Security to address the issues re- paredness and response education materials the Liberty Christian football team, Athletic Di- vealed in the 2006 Federal Human Capital are developed and distributed to children. The rector Darren Chrane, Head Coach Mark Survey. The bill further requires the Secretary bill also supports the Office of the Disabilities Bowles and the entire coaching staff, and all to submit an expenditure plan for the $10 mil- Coordinator and directs the Department of of those involved in the successful 2007 sea- lion prior to the obligation of the funds. Homeland Security’s Inspector General to in- son. I wish them the best of luck in their future However, I must point out that the Com- vestigate FEMA’s policies and processes re- endeavors. It is my honor to represent a group mittee on Homeland Security was dis- garding formaldehyde in trailers purchased by that exhibits such talent, hard work, and dedi- appointed with the decision not to fund the re- the agency to house disaster victims in the of- cation. location of the headquarters for the Depart- fice created by the Post-Katrina Emergency f ment of Homeland Security at the St. Eliza- Management Reform Act of 2006. beths site in Washington, DC. I will note, however, that it is unfortunate THE DEPARTMENT OF STATE, 2. ENHANCING SECURITY FOR ALL MODES OF that the splintered oversight jurisdiction of the FOREIGN OPERATIONS, AND RE- TRANSPORTATION Department of Homeland Security has re- LATED PROGRAMS APPROPRIA- I applaud the bill which provides over $4.5 sulted in the inclusion of section 541 of the bill TIONS ACT, 2008 (CONSOLIDATED billion to enhance aviation security. That fund- which states that ‘‘none of the funds provided APPROPRIATIONS ACT, 2008) ing makes the bill consistent with meeting by this or previous appropriations Acts shall aviation security mandates in P.L. 110–53. For be used to fund any position designated as a SPEECH OF example, the bill fully funds the Aviation Secu- Principal Federal Official, PFO, for any Robert HON. BENNIE G. THOMPSON rity Capitol Fund at $250 million. Furthermore, T. Stafford Disaster Relief and Emergency As- OF MISSISSIPPI this bill provides $15 million for a pilot program sistance Act declared disasters or emer- IN THE HOUSE OF REPRESENTATIVES to screen 100 percent of airport workers. gencies.’’ I am very concerned that this lan- Although the bill does not provide sufficient guage micromanages Federal emergency re- Wednesday, December 19, 2007 resources to implement the authorization lev- sponse through the appropriation process, Mr. THOMPSON of Mississippi. Mr. Speak- els in P.L. 110–53, the Appropriations Com- interferes with the writing of the National Re- er, I rise to speak in support of Department of mittee has provided the foundation to reach sponse Framework which aims to clarify the Homeland Security FY 2008 Appropriations that goal. For example, the bill provides $400 role of the PFO and does not recognize the Bill which is part of the larger omnibus spend- million in Public Transportation and Railroad situations where the appointment of PFO ing package, Amendment to the Senate Security Grants. This includes not less than would be necessary, public health emer- amendment to H.R. 2764. Specifically, I want $25 million for Amtrak, $11.5 million over the gencies, cyber attacks, etc. Simply stated, this

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16JA8.026 E16JAPT1 smartinez on PRODPC61 with REMARKS January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E27 language unnecessarily reopens a policy along with report language that makes clear recently announced the Request for question that was settled in the Post-Katrina that at least $13 million is to be used to de- Quotations for the Global Trade Exchange 1 Emergency Management Reform Act of 2006. velop an exit system. The provision also re- despite significant criticism from industry con- 4. SHIELDING THE NATION’S CRITICAL INFRASTRUCTURE quires a schedule for implementing the exit cerning the lack of transparency with this new FROM FOREIGN AND DOMESTIC TERRORISM program. Under my chairmanship, the Com- initiative. I am concerned that the Department I commend the $50 million appropriated for mittee on Homeland Security has held several has not fully developed this initiative and that chemical security. The bill also includes pre- hearings examining the exit aspect of the US– it is premature to fund it until the Department emption language that supports States that VISIT. In fact, on September 5, 2007, I called has provided the Committee of Homeland Se- have stronger law as it relates to the security on Secretary Chertoff to implement the US– curity and industry with a more in-depth anal- of chemical facilities. In addition, the bill di- VISIT air exit by the end of the calendar year ysis of this new pilot. rects the Assistant Secretary for Infrastructure 2008. Simply put, it is folly to speak of security Protection to provide semi-annual briefings to if we rely on a process that tells us who 8. INSPIRING MINDS AND DEVELOPING TECHNOLOGY— the Appropriations Committee on imple- comes into the country but cannot verify if or THE FUTURE OF HOMELAND SECURITY menting the National Infrastructure Protection when individuals leave the country. I am very concerned about the emerging Plan. I, too, look forward to being included in Other commonsense border security meas- threats of a chemical, biological, nuclear, and ures in the fiscal year 2008 appropriations bill such briefing. The bill also provides $10 mil- radiological attack. As chairman of the Com- include the language that amend current law lion for the Office of Bombing Prevention, a mittee on Homeland Security, I will continue to by requiring consultation with the Secretaries legislative initiative from the Committee on conduct oversight into this area to ensure that Homeland Security, H.R. 4749, with the re- of Agriculture and Interior, States, local land owners, and tribes; authorizing programs to there is improved coordination between the quirement that the office will develop a na- Departments of Homeland Security and Health tional strategy on bombing prevention. study the modernization of ports-of-entry. I also commend the bill’s inclusion of $36 mil- and Human Services and State, local, and 5. SECURING THE HOMELAND AND PRESERVING CIVIL lion for the implementation of the Electronic Tribal governments. I recognize that the ap- LIBERTIES IN TIMES OF TERROR propriation’s bill does not provide a large I believe strongly that civil liberties guaran- Travel Authorization program—a provision that amount of funding for pandemic flu due to the teed under the U.S. Constitution need not be I promoted in P.L. 110–53. One particular area fact that the Department of Health and Human compromised to make the Nation more se- that reflects sound policy is language that pro- Services has $1.2 billion in unobligated funds cure. One particular area of concern was the vides ‘‘law enforcement officer’’, LEO, status from fiscal year 2007. Department of Homeland Security’s attempt to and retirement benefits to Customs and Bor- der Protection officers in order to enhance re- skirt congressional oversight by developing I am pleased that the bill provides $116.5 cruitment and retention. I was pleased to ad- and implementing a spy satellite program. million to the Office of Health Affairs and in- vocate the LEO status during the Committee After I demanded answers about the pro- cludes a provision that would allow agricultural of Homeland Security’s consideration of H.R. gram’s reach, the Department modified its spy inspectors to stay at CBP and the Transpor- 1684, the ‘‘Department of Homeland Security satellite plans. Going forward, the Committees tation Security Lab to recoup fees for testing. Authorization Act for Fiscal Year 2008.’’ We on Homeland Security, Budget, and Appropria- With regard to the threat of a cyber security must do all that we can to retain our trained tions should closely examine the Department’s staff who are the eyes and ears along this Na- attack, the bill provides $125 million for the authority to ensure transparency and account- tion’s vast borders. Chief Information Officer to improve informa- ability. I also note that the bill prohibits the use of tion technology security at the Department of 6. CONNECTING THE DOTS: INTELLIGENCE INFORMATION funds for the planning, testing, piloting, or de- Homeland Security—a much needed act. SHARING AND INTEROPERABILITY velopment of a national ID card and directs I am also glad that the appropriators support I am very pleased that the bill includes $50 CBP to brief the Appropriations committees no the development of technology and the future million to fund the Interoperability Emergency later than Jan. 31, 2008 on how it is using the Communications Grant Program which was minds in the field homeland security. For ex- Workload Staffing Model to allocated staffing ample, the bill provides that the Science and enacted in P.L. 110–53 and provides for im- resources. proved emergency communications capabili- Technology Directorate will be appropriated at With regard to port security, I commend the $830 million and funds the Third Generation ties for first responders. Also, the bill includes appropriators for requiring improved oversight $35.7 million for the Office of Emergency Bio Watch at $5.8 million. The bill also pro- of the Deepwater Program which is funded at vides $325 million for research and develop- Communications, an $18.7 million increase $783 million. Under my chairmanship, the ment. With regard to university programs, the over the enacted fiscal year 2007. The office, Committee on Homeland Security has closely bill provides $49.3 million for fiscal year 2008. which was established in April 2007, pursuant examined and demanded accountability over This amount includes $4 million for the Trans- to the Post-Katrina Emergency Management Deepwater, particularly in H.R. 2830, the U.S. portation Security Center of Excellence. While Reform Act of 2006, is the focal point within Coast Guard Reauthorization Act and the that is far shy of the $18 million authorized in the Federal Government to improve national SAFE Port Act, P.L. 109–347. Other notable P.L. 110–53, the Committee on Homeland Se- interoperable communication capabilities. funding is the $2 million for LNG and dan- curity remains optimistic that appropriators will 7. IMPLEMENTING COMMONSENSE BORDER AND PORT gerous cargo suitability assessments; the $3.1 support the Centers of Excellence as they are SECURITY million to develop and finalize SAFE Port Act the training grounds for future homeland secu- I believe that border and port security must rulemakings; and the $60 million for Inter- rity experts. reflect the Nation’s commitment to facilitating agency Operational Centers for Port Security, the flow of commerce and demanding ac- a requirement from the SAFE Port Act; and The $455 million appropriated to the Do- countability from our Government. That is why $400 million for port security grants. mestic Nuclear Detection Office, DNDO, and we cannot allow fear to drive the discussion of I note that the appropriation’s bill requires $90 million for the Radiation Portal Monitor building fences that may wind up disrupting the Transportation Security Administration, program is critical to tracking loose nuclear commerce or poor governmental planning that TSA and Coast Guard to work closely with ter- weapons. However, I am very concerned, like leads to Government waste. I commend the minal operators, local port police, and other the appropriators, that there has not yet been appropriator’s for providing $2 million reim- law enforcement agencies to develop the certification by the DHS Secretary of Ad- bursement to the Defense Acquisition Univer- operational procedures to ensure the effective vanced Spectroscopic Portal, ASP, radiation sity for a review of Secure Border Initiative implementation of the Transportation Worker monitors. We must push out the boundaries of procurement; $60 million for reimbursement of Identification Card, TWIC program. I am con- technology if we are going to have 21st cen- State and local law enforcement agencies in cerned, however, that while the bill directs tury security. U.S.-Mexico border communities; and $225 TSA to work with the appropriate officials of million for the extension of the Western Hemi- Florida and other port authorities to resolve In closing, I would like to thank the appropri- sphere Travel Initiative. We must remember differences between TWIC and the State’s ators for funding the vital programs that are that border security is fundamentally a Federal transportation facility access control programs, critical to securing the Nation. As chairman of responsibility and that we should not pass un- the requirement maybe interpreted as indi- the authorizing committee, I will vigilantly mon- funded mandates to State and local govern- cating that the Federal TWIC program does itor the Department of Homeland Security to ments that will be burdened by bad public pol- not pre-empt the Florida program. This is very ensure that it is drawing on the diverse talents icy. troubling and counterproductive. of its experts to ensure that it is providing the I am especially pleased that the appropria- Finally, the bill appropriates $13 million for American people security, accountability, and tions bill provides $475 million for U.S.–VISIT the CBP’s Global Trade Exchange, GTX. CBP freedom from fear.

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JA8.030 E16JAPT1 smartinez on PRODPC61 with REMARKS E28 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2008 HONORING CONRAD BECKER forts have paved the way for succeeding elect- sense of community. Hardin County is the ed officials to find new and innovative ways to type of place where neighbors check in on HON. SAM GRAVES collaborate and consolidate services in the fu- each other and catch up at high school foot- OF MISSOURI ture. ball games. Local leaders through out the IN THE HOUSE OF REPRESENTATIVES As I indicated, Joel’s eight years as County county have worked hard to maintain Hardin Executive had its share of ups and downs, but County’s quality of life. These men and Wednesday, January 16, 2008 while some questioned the policies Joel imple- women are following in the footsteps of early Mr. GRAVES. Madam Speaker, I proudly mented, no one could question his commit- settlers and the county’s founders to make pause to recognize Conrad Becker of Platte ment to the community that he lives in and Hardin County a better place for hardworking City, Missouri. Conrad is a very special young loves so much. From meetings in Albany to men and women who call it home. man who has exemplified the finest qualities Washington, DC and to points abroad, during Madam Speaker, it is an honor to represent of citizenship and leadership by taking an ac- his years as County Executive, Buffalo and this community in the U.S. House of Rep- tive part in the Boy Scouts of America, Troop Western New York had no more dedicated resentatives and I urge you to join me in con- 351, and earning the most prestigious award ambassador than Joel Giambra. gratulating Hardin County on its sesquicenten- of Eagle Scout. Joel is now entering a new chapter of his nial birthday. Conrad has been very active with his troop, professional life and we wish him good luck f participating in many scout activities. Over the and Godspeed in his future endeavors, and many years Conrad has been involved with Madam Speaker, I want to thank you for al- HONORING QUINTIN PHILLIP scouting, he has not only earned numerous lowing me the opportunity to recognize Joel’s O’DELL merit badges, but also the respect of his fam- public career. ily, peers, and community. f HON. SAM GRAVES Madam Speaker, I proudly ask you to join OF MISSOURI TRIBUTE TO HARDIN COUNTY, me in commending Conrad Becker for his ac- IN THE HOUSE OF REPRESENTATIVES complishments with the Boy Scouts of Amer- TEXAS, AND ITS RESIDENTS ON Wednesday, January 16, 2008 ica and for his efforts put forth in achieving the THEIR 150TH ANNIVERSARY highest distinction of Eagle Scout. Mr. GRAVES. Madam Speaker, I proudly f HON. KEVIN BRADY pause to recognize Quintin Phillip O’Dell of OF TEXAS Platte City, Missouri. Quintin is a very special HONORING RETIRING ERIE COUN- IN THE HOUSE OF REPRESENTATIVES young man who has exemplified the finest TY EXECUTIVE JOEL GIAMBRA qualities of citizenship and leadership by tak- Wednesday, January 16, 2008 ing an active part in the Boy Scouts of Amer- HON. BRIAN HIGGINS Mr. BRADY of Texas. Madam Speaker, I ica, Troop 351, and earning the most pres- OF NEW YORK rise today to honor and congratulate Hardin tigious award of Eagle Scout. IN THE HOUSE OF REPRESENTATIVES County, Texas, and its residents on their Quintin has been very active with his troop, 150th anniversary. participating in many scout activities. Over the Wednesday, January 16, 2008 Sixty-eight miles northeast of Houston and many years Quintin has been involved with Mr. HIGGINS. Madam Speaker, I rise today 54 miles from the Gulf of Mexico, Hardin scouting, he has not only earned numerous to pay tribute to the public career and per- County’s 897 square miles are covered by merit badges, but also the respect of his fam- sonal sacrifices of Joel A. Giambra, who, on pine and hardwood forests. This puts Hardin ily, peers, and community. December 31, 2007, concluded more than two County in the middle of the beautiful Big Madam Speaker, I proudly ask you to join decades of continuous elective public service Thicket of southeast Texas and the larger east me in commending Quintin Phillip O’Dell for with the end of his second and final term as Texas Timberlands region. Natural resources his accomplishments with the Boy Scouts of Erie County Executive. are still a main driver of the local economy America and for his efforts put forth in achiev- Joel faced challenges throughout his career, and timber, oil, gas, sand, gravel, and salt ing the highest distinction of Eagle Scout. and most particularly throughout his two terms domes are found within the county. f as County Executive. Hit with a cancer diag- In 1836 the area was split between the juris- nosis before taking the oath of office as Coun- dictions of Liberty and Jefferson counties. Fol- HONORING RETIRING TOWN OF ty Executive, Joel faced that challenge and lowing the region’s population growth, in 1858 SARDINIA COUNCILWOMAN many, many more with a sense of commit- the legislature established a new county. The CARLA FULLER ment and—most especially—aplomb that in- new county was named in honor of the Hardin spired many to heed his advice to quit smok- family from nearby Liberty County; the county HON. BRIAN HIGGINS ing. seat was also to be designated as Hardin. OF NEW YORK Joel and I had the pleasure—and I do mean When the Sabine and East Texas Railroad by- IN THE HOUSE OF REPRESENTATIVES that it was a pleasure—to serve together as passed Hardin in favor of the newly estab- Wednesday, January 16, 2008 members of the Buffalo Common Council. My lished railroad town, Kountze was made the time serving alongside Joel was brief, but we new county seat. Mr. HIGGINS. Madam Speaker, I rise today were part of a new majority caucus on the Long ago, American Indians in the region to recognize the accomplishments and public council that was thoughtful, deliberative and began to visit what they called Medicine Lake, service career of Carla Fuller, councilwoman served as an important check and balance on seeking the healing powers of the mud and from the Town of Sardinia, upon her retire- the office of the Mayor. mineral water in what we today call Sour ment from active public service as a member Following Joel’s service on the Common Lake. Oil was discovered in 1901 around Sour of the Town Board. Council, he distinguished himself as Buffalo Lake and quickly became the lifeblood of the Sardinia is among the smallest towns in my City Comptroller, administering a large depart- area, production later reached 7 million barrels congressional district and sometimes, Madam ment of city government charged with impor- a day. This same discovery allowed for the Speaker, that makes for the most difficult serv- tant day to day functions in city life. creation of the Texas Company, better known ice in public office. Because everyone in a Joel’s election as County Executive in 1999 as Texaco. Today, Hardin County has grown small town seems to know everyone else, the was challenging at its start and was controver- to over 50,000 residents. decisions made in government often have a sial almost throughout. Joel fought the fights Immigrants from Ireland, Germany, France, oversized impact upon the very people that he believed were worth fighting and never and other countries were drawn to Hardin you represent. It is that very challenge that ducked a challenge. Joel rightly brought to the County for its oil, timber, livestock and agricul- makes the service of people like Carla Fuller forefront the issues of overlapping govern- tural products. This rich diversity contributed to all the more substantial. mental services and the need for county and economic growth and the rich culture Hardin Carla served as a diligent, thoughtful and local governments in Western New York to de- County still enjoys today. respectful representative of the people during velop new strategies to collaborate and save Today, Hardin County is one of the fastest her years on the town board. While she will taxpayer dollars. While Joel’s efforts certainly growing areas of southeast Texas—there is a retire from active service on the town board at could not be termed a complete success, he bright future of growth and prosperity. Families the end of this year, I have little doubt that is widely and appropriately credited for bring- are choosing to live in Hardin County because Carla will remain dedicated to Sardinia and to ing these issues to the forefront, and his ef- of its outstanding schools and traditional its residents for many years to come.

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K16JA8.004 E16JAPT1 smartinez on PRODPC61 with REMARKS January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E29 Madam Speaker, I am pleased to have had his accomplishments with the Boy Scouts of gress. Nevertheless, the office provides invalu- this opportunity to honor Carla’s service to the America and for his efforts put forth in achiev- able legal advice and representation to Mem- Town of Sardinia and am certain that you join ing the highest distinction of Eagle Scout. bers, committees, employees, and officers of me and the rest of our colleagues in wishing f Congress, regardless of their political party or Carla and her entire family the best of luck affiliation. Geraldine joined the Office of the and Godspeed in all of their future endeavors. HONORING RETIRING NYS SU- General Counsel in 1995, and became Gen- PREME COURT JUSTICE JEROME f eral Counsel in 1997. Prior to her service in GORSKI the House of Representatives, she worked as TRIBUTE TO MS. SONJA DRAN a sole practitioner in the District of Columbia, EMBRY HON. BRIAN HIGGINS and then served as General Counsel for the OF NEW YORK D.C. Metropolitan Police Department and as HON. RON LEWIS IN THE HOUSE OF REPRESENTATIVES Litigation Counsel for the Office of Thrift Su- OF KENTUCKY Wednesday, January 16, 2008 pervision. IN THE HOUSE OF REPRESENTATIVES During her time at the helm of the Office of Wednesday, January 16, 2008 Mr. HIGGINS. Madam Speaker, it is with the General Counsel, Congress was involved great pride that I rise today to honor a re- Mr. LEWIS of Kentucky. Madam Speaker, in a host of public and private battles and con- spected jurist, a dedicated public servant and stitutional issues with wide-ranging implica- let me take this time to recognize the out- a trusted friend of this community upon the oc- standing federal civilian service of Ms. Sonja tions, and through each one, Geraldine pro- casion of his retirement from the New York vided tremendous leadership to Congress and Dran Embry on the occasion of her retirement. State Appellate Court Division. Madam Speak- Ms. Embry has worked for the federal civil its Members. Indeed, even as Congress be- er, I want to call to the House’s attention the came a more partisan place over the last dec- service at the Navy Personnel Command for outstanding record of public service of Justice the past 36 years. ade, Geraldine was ceaselessly nonpartisan in Jerome C. Gorski. her work. During my time on the House Ethics A native of Caneyville, Kentucky, Ms. Embry Judge Gorski received his law degree from is a 1970 graduate of the Kentucky Business and Judiciary Committees, I was fortunate to Georgetown University in 1962 and was ad- work with her on several occasions, and I was College in Lexington, Kentucky. On January mitted to practice later that year. He initially 4th 1971, she began her civil service career always impressed with Geraldine’s strong practiced in Buffalo, concentrating on neg- focus on ensuring that congressional preroga- working at the Bureau of Naval Personnel ligence, products liability litigation, and labor where she held administrative support posi- tives and Congress as an institution were te- relations related work. From 1973 until 1980, naciously protected from political consider- tions in the Recall and Release Branch, Civil- he served as law clerk to Judge James L. ian Personnel Branch/Administrative and Man- ations and other negative influences. Kane, first in County Court and later in Su- It is an honor to commend Geraldine for her agement Division, and the Congressional/Dis- preme Court. In the past, Justice Gorski posal Sections. As the Vietnam Conflict was leadership and hard work, and to wish her the served a clerkship under renowned U.S. Dis- very best in all of her future endeavors. winding down, Ms. Embry was again assigned trict Court Judge John J. Sirica. to the Recall and Release Branch where she Initially elected to the Supreme Court in the f worked until September 1979. late 1980s, Judge Gorski’s judicial career cul- Ms. Embry was selected to serve as the HONORING DAVID KYLE minated in his appointment to serve on the Human Resources Assistant in the Submarine Supreme Court’s Appellate Division for the and Nuclear Power Officer Assignments Fourth Department in 2001. Judge Gorski re- HON. SAM GRAVES Branch in September 1979. In August 1998, ceived the Outstanding Jurist Award from the OF MISSOURI she assisted in the move and reorganization Erie County Bar Association in 1998, and the IN THE HOUSE OF REPRESENTATIVES of the Bureau of Naval Personnel, Wash- 2000 Award of Merit. ington, DC into the Navy Personnel Command Wednesday, January 16, 2008 Judge Gorski is a part of a revered family in in Millington, TN. She has been the corner- Mr. GRAVES. Madam Speaker, I proudly Western New York. Judge Gorski’s father, the stone of this office providing continuity and pause to recognize David Kyle of Liberty, Mis- late Chester Gorski, and his brother Dennis, service to the military members of the U.S. souri. David is a very special young man who each had outstanding careers in public serv- Navy’s Submarine Service. Her tireless and has exemplified the finest qualities of citizen- ice, and each were, in the past, candidates for caring performance of duty has touched and ship and leadership by taking an active part in the congressional seat that I am fortunate to had a pronounced effect on the lives and ca- the Boy Scouts of America, Troop 351, and occupy today. Imbued within the Gorski family reers of over 18,000 submarine officers. earning the most prestigious award of Eagle is an innate commitment to the community Please join me and our colleagues in thank- Scout. that is Buffalo and Western New York, and all ing Ms. Embry for her tireless contributions to David has been very active with his troop, of our residents are better for the tremendous a grateful Nation and in wishing her the best participating in many Scout activities. Over the commitment to public service demonstrated by in her future. many years David has been involved with the Gorski family. Scouting, he has not only earned numerous f Madam Speaker, in recognition of and in merit badges, but also the respect of his fam- HONORING ZACHARY BOYD HEISER gratitude for his service, leadership and patri- ily, peers, and community. otism, I ask that this honorable body join me Madam Speaker, I proudly ask you to join in honoring Justice Jerome Gorski upon the HON. SAM GRAVES me in commending David Kyle for his accom- occasion of his retirement, and wish he and OF MISSOURI plishments with the Boy Scouts of America his family the very best of health and happi- IN THE HOUSE OF REPRESENTATIVES and for his efforts put forth in achieving the ness in the months and years ahead. Wednesday, January 16, 2008 highest distinction of Eagle Scout. f Mr. GRAVES. Madam Speaker, I proudly f pause to recognize Zachary Boyd Heiser of A FAREWELL TO HOUSE GENERAL Platte City, Missouri. Zachary is a very special COUNSEL GERALDINE GENNET TRIBUTE TO NICOLE SCHWARTZ young man who has exemplified the finest qualities of citizenship and leadership by tak- HON. HOWARD L. BERMAN HON. CIRO D. RODRIGUEZ ing an active part in the Boy Scouts of Amer- OF CALIFORNIA OF TEXAS ica, Troop 351, and earning the most pres- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tigious award of Eagle Scout. Zachary has been very active with his troop, Wednesday, January 16, 2008 Wednesday, January 16, 2008 participating in many Scout activities. Over the Mr. BERMAN. Madam Speaker, I rise today Mr. RODRIGUEZ. Madam Speaker, I am many years Zachary has been involved with to say a few words on the recent retirement of honored to rise here today to recognize the ef- Scouting, he has not only earned numerous Geraldine Gennet, the outgoing General forts of Ms. Nicole Schwartz to promote a ‘‘Bill merit badges, but also the respect of his fam- Counsel of the House of Representatives. of Rights for Diabetics.’’ ily, peers, and community. Because of the sensitive areas that it works Ms. Schwartz is an exemplary young Madam Speaker, I proudly ask you to join on, the Office of the General Counsel is not woman whose passion to fight diabetes is me in commending Zachary Boyd Heiser for well known to many people outside of Con- leaving an indelible mark in our community. By

VerDate Aug 31 2005 03:47 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K16JA8.013 E16JAPT1 smartinez on PRODPC61 with REMARKS E30 CONGRESSIONAL RECORD — Extensions of Remarks January 16, 2008 taking it upon herself to raise awareness of Madam Speaker, I proudly ask you to join many years Zachary has been involved with this devastating disease among the people me in commending Kevin Michael Wilbur for scouting, he has not only earned numerous most vulnerable to it, she is setting an impor- his accomplishments with the Boy Scouts of merit badges, but also the respect of his fam- tant example of how civic engagement can America and for his efforts put forth in achiev- ily, peers, and community. change the lives of our fellow community ing the highest distinction of Eagle Scout. Madam Speaker, I proudly ask you to join members. She has actively engaged policy f me in commending Zachary Kirk Holbrook for makers at the local, State and Federal level as his accomplishments with the Boy Scouts of well as prominent civic organizations to further INTRODUCTION OF THE ‘‘OLD POST America and for his efforts put forth in achiev- awareness. OFFICE DEVELOPMENT ACT OF ing the highest distinction of Eagle Scout. For example, in partnering with the League 2008’’ of Latin American Citizens (LULAC), Ms. f Schwartz organized a health fair to share im- HON. ELEANOR HOLMES NORTON PERSONAL EXPLANATION portant resources and information about dia- OF THE DISTRICT OF COLUMBIA betes with at-risk San Antonians. She also vol- IN THE HOUSE OF REPRESENTATIVES unteers her time at the Christus Santa Rosa HON. NIKI TSONGAS Wednesday, January 16, 2008 Hospital in order to learn more about the dis- OF MASSACHUSETTS ease and distribute her knowledge to patients Ms. NORTON. Madam Speaker, I introduce IN THE HOUSE OF REPRESENTATIVES the Old Post Office Development Act to make through a newsletter she created. Wednesday, January 16, 2008 Without question, her dedication and per- fully useful to the government the nearly sistence have proven essential in educating empty Old Post Office a unique, historic treas- Ms. TSONGAS. Madam Speaker, I wanted her colleagues and community. These two ure located at 1100 Pennsylvania Avenue to take a moment to explain my absence for personal qualities also played a role in her ef- N.W., owned by the Federal government’s the quorum call on January 15th. I recently re- forts to encourage organizations like LULAC to General Services Administration (GSA). For turned from visiting U.S. forces serving in Iraq adopt her Bill of Rights for Diabetics. The Bill many years the Subcommittee on Economic and Afghanistan as part of a bipartisan Con- of Rights echoes the 2007 ADA Standards of Development, Public Buildings and Emergency gressional Delegation trip led by my colleague, Care and includes the six following exams: a Management has expressed concern about Representative LINCOLN DAVIS. hemoglobin/A1c test; a lipid evaluation; blood the waste and neglect of this valuable govern- The purpose of this Congressional Delega- pressure checks; a microalbumin test; a di- ment site and has pressed the GSA to de- tion trip was to meet firsthand with our brave lated and comprehensive eye examination; velop and use this building. The GSA recog- men and women in uniform currently deployed and a barefoot exam. nized the need in 2004 and issued a Request in Iraq and Afghanistan to thank them for their Ms. Schwartz shares a passion for learning for Expression of Interest for which it received outstanding service and to learn what addi- more about diabetes with her father, Dr. Sher- many indications of interest. However, for no tional resources they may need on the ground. win Schwartz, who built one of the largest dia- good or sufficient reason GSA has never pro- I also met with military commanders as well as betes research facilities in the country. Only a ceeded to the next step. with national leaders in Iraq and Afghanistan junior at St. Mary’s Hall in San Antonio, Ms. Because the building was designed as a to get the latest information on the security, Schwartz has the potential to achieve much Post Office in the 19th century, it’s present de- political, and economic conditions in both more and hopes to pursue a degree at sign makes it virtually unusable without appro- countries. I think it is important for all mem- Georgetown University. priate remodeling. During decades of under- bers of Congress to see what is happening on As a Member of Congress who represents utilization the government has attempted to the ground in Iraq, but as a member of the the Texas-Mexico Border, a region with one of make the space suitable for office space, but House Armed Services Committee, I take that the highest incidences of diabetes in the its huge, cavernous central area on the main responsibility particularly seriously. world, I am acutely aware of the impact of dia- floor and the areas that surround the atrium As a result of the Congressional Delegation betes and the other health problems associ- could only accommodate a few very small trip, I was unable to participate in the votes ated with it. Young people such as Ms. agencies currently housed there, GSA has in- held on Tuesday evening. If I would have Schwartz are invaluable partners in bettering dicated that these agencies can be easily and been here, I would have voted ‘‘present’’. our communities, and I thank her for her ef- economically relocated elsewhere in the Dis- forts. trict of Columbia. f It is with great pride that I recognize Ms. As we begin a new year, further delay in HONORING DONALD ALEXANDER Schwartz as an exemplary young leader in the making use of a centrally located historic SOPER San Antonio community, and I wish her contin- treasure can no longer be tolerated. Appar- ued success in raising awareness about this ently, the private sector stepped forward when devastating disease. the GSA asked for indications of interest. GSA HON. SAM GRAVES OF MISSOURI f must respond without further delay. I will seek quick passage of this bill to assure that the IN THE HOUSE OF REPRESENTATIVES HONORING KEVIN MICHAEL taxpayers receive the value due long ago for Wednesday, January 16, 2008 WILBUR this Federal site. Mr. GRAVES. Madam Speaker, I proudly f HON. SAM GRAVES pause to recognize Donald Alexander Soper HONORING ZACHARY KIRK OF MISSOURI of Platte City, Missouri. Donald is a very spe- HOLBROOK cial young man who has exemplified the finest IN THE HOUSE OF REPRESENTATIVES qualities of citizenship and leadership by tak- Wednesday, January 16, 2008 HON. SAM GRAVES ing an active part in the Boy Scouts of Amer- Mr. GRAVES. Madam Speaker, I proudly OF MISSOURI ica, Troop 351, and earning the most pres- tigious award of Eagle Scout. pause to recognize Kevin Michael Wilbur of IN THE HOUSE OF REPRESENTATIVES Platte City, Missouri. Kevin is a very special Donald has been very active with his troop, young man who has exemplified the finest Wednesday, January 16, 2008 participating in many scout activities. Over the qualities of citizenship and leadership by tak- Mr. GRAVES. Madam Speaker, I proudly many years Donald has been involved with ing an active part in the Boy Scouts of Amer- pause to recognize Zachary Kirk Holbrook of scouting, he has not only earned numerous ica, Troop 351, and earning the most pres- Platte City, Missouri. Zachary is a very special merit badges, but also the respect of his fam- tigious award of Eagle Scout. young man who has exemplified the finest ily, peers, and community. Kevin has been very active with his troop, qualities of citizenship and leadership by tak- Madam Speaker, I proudly ask you to join participating in many scout activities. Over the ing an active part in the Boy Scouts of Amer- me in commending Donald Alexander Soper many years Kevin has been involved with ica, Troop 351, and earning the most pres- for his accomplishments with the Boy Scouts scouting, he has not only earned numerous tigious award of Eagle Scout. of America and for his efforts put forth in merit badges, but also the respect of his fam- Zachary has been very active with his troop, achieving the highest distinction of Eagle ily, peers, and community. participating in many scout activities. Over the Scout.

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A16JA8.037 E16JAPT1 smartinez on PRODPC61 with REMARKS January 16, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E31 HONORING WILLIAM TRAUGOTT mittee—of the time, place, and purpose Veterans’ Affairs HENRY BRUNE II of the meetings, when scheduled, and To hold oversight hearings to examine any cancellations or changes in the the report of the Veterans’ Disability HON. SAM GRAVES meetings as they occur. Benefits Commission, focusing on vet- As an additional procedure along erans disability compensation. OF MISSOURI with the computerization of this infor- SD–562 IN THE HOUSE OF REPRESENTATIVES mation, the Office of the Senate Daily 10 a.m. Wednesday, January 16, 2008 Digest will prepare this information for Health, Education, Labor, and Pensions To hold hearings to examine S. 1843, to printing in the Extensions of Remarks Mr. GRAVES. Madam Speaker, I proudly amend title VII of the Civil Rights Act pause to recognize William Traugott Henry section of the CONGRESSIONAL RECORD of 1964 and the Age Discrimination in Brune II of Kansas City, Missouri. William is a on Monday and Wednesday of each Employment Act of 1967 to clarify that very special young man who has exemplified week. an unlawful practice occurs each time the finest qualities of citizenship and leader- Meetings scheduled for Thursday, compensation is paid pursuant to a dis- ship by taking an active part in the Boy Scouts January 17, 2008 may be found in the criminatory compensation decision or Daily Digest of today’s RECORD. of America, Troop 351, and earning the most other practice. prestigious award of Eagle Scout. MEETINGS SCHEDULED SD–430 William has been very active with his troop, 2 p.m. JANUARY 22 Agriculture, Nutrition, and Forestry participating in many scout activities. Over the 2 p.m. To hold hearings to examine the nomina- many years William has been involved with Judiciary tion of Ed Schafer, of North Dakota, to scouting, he has not only earned numerous To hold hearings to examine the nomina- be Secretary of Agriculture. merit badges, but also the respect of his fam- tions of Kevin J. O’Connor, of Con- SR–328A ily, peers, and community. necticut, to be Associate Attorney Madam Speaker, I proudly ask you to join General, and Gregory G. Katsas, of JANUARY 30 me in commending William Traugott Henry Massachusetts, to be an Assistant At- 10 a.m. torney General. Brune II for his accomplishments with the Boy Judiciary SD–226 Scouts of America and for his efforts put forth To hold oversight hearings to examine the Department of Justice. in achieving the highest distinction of Eagle JANUARY 23 SH–216 Scout. 10 a.m. Judiciary FEBRUARY 5 f To hold oversight hearings to examine the Justice for All Act (Public Law 108– 9:30 a.m. SENATE COMMITTEE MEETINGS 405), focusing on the administration of Veterans’ Affairs Title IV of Senate Resolution 4, the Bloodsworth and Coverdell DNA To continue oversight hearings to exam- agreed to by the Senate on February 4, Grant Programs by the Department of ine veterans disability compensation. SR–418 1977, calls for establishment of a sys- Justice. SD–226 tem for a computerized schedule of all FEBRUARY 13 meetings and hearings of Senate com- JANUARY 24 9:30 a.m. mittees, subcommittees, joint commit- 9:30 a.m. Veterans’ Affairs tees, and committees of conference. Energy and Natural Resources To hold hearings to examine the Presi- This title requires all such committees To hold oversight hearings to examine dent’s proposed budget request for fis- to notify the Office of the Senate Daily ways to reform the Mining Law of 1872. cal year 2009 for veterans programs. Digest—designated by the Rules Com- SD–366 SR–418

VerDate Aug 31 2005 03:30 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\K16JA8.011 E16JAPT1 smartinez on PRODPC61 with REMARKS Wednesday, January 16, 2008 Daily Digest Senate Chamber Action Committee Meetings The Senate was not in session today. It will next meet at 10 a.m. on Friday, January 18, 2008. (Committees not listed did not meet) No committee meetings were held. h House of Representatives Providing for the concurrence by the House in Chamber Action the Senate amendment to H.R. 4253, with an Public Bills and Resolutions Introduced: 50 pub- amendment: H. Res. 921, to provide for the concur- lic bills, H.R. 4931–4933, 4983–5029; 1 private rence by the House in the Senate amendment to bill, H.R. 5030; and 9 resolutions, H. Con. Res. H.R. 4253, with an amendment, by a 2/3 yea-and- 279–280; and H. Res. 921, 923–927 were intro- nay vote of 406 yeas to 2 nays, Roll No. 4; and duced. Pages H293–95 Pages H35–39, H44–45 Additional Cosponsors: Pages H295–96 Providing for the enactment of the National De- Reports Filed: Reports were filed today as follows: fense Authorization Act for Fiscal Year 2008, as H. Res. 922, providing for consideration of the previously enrolled, with certain modifications to bill (H.R. 3524) to reauthorize the HOPE VI pro- address the foreign sovereign immunities provi- gram for revitalization of severely distressed public sions of title 28, United States Code: H.R. 4986, housing (H. Rept. 110–509) and H.R. 3959, to to provide for the enactment of the National Defense amend the National Flood Insurance Act of 1968 to Authorization Act for Fiscal Year 2008, as previously provide for the phase-in of actuarial rates for certain enrolled, with certain modifications to address the pre-FIRM properties, with an amendment (H. Rept. foreign sovereign immunities provisions of title 28, 110–510). Page H293 United States Code, with respect to the attachment of property in certain judgments against Iraq and Suspensions: The House agreed to suspend the rules the lapse of statutory authorities for the payment of and pass the following measures: bonuses, special pays, and similar benefits for mem- Condemning the assassination of former Paki- bers of the uniformed services, by a 2/3 yea-and-nay stani Prime Minister Benzair Bhutto and re- vote of 369 yeas to 46 nays, Roll No. 11. affirming the commitment of the United States to Pages H75–H260 assist the people of Pakistan in combating terrorist S-MINER Act: The House passed H.R. 2768, to es- activity and promoting a free and democratic tablish improved mandatory standards to protect Pakistan: H. Res. 912, to condemn the assassination miners during emergencies, by a year-and-nay vote of former Pakistani Prime Minister Benazir Bhutto of 214 yeas to 199 nays, Roll No. 10. Pages H45–75 and to reaffirm the commitment of the United States Rejected the Souder motion to recommit the bill to assist the people of Pakistan in combating ter- to the Committee on Education and Labor with in- rorist activity and promoting a free and democratic structions to report the same back to the House Pakistan, by a 2/3 yea-and-nay vote of 413 yeas with promptly with an amendment, by a recorded vote of none voting ‘‘nay’’, Roll No. 3; Pages H30–35, H44 197 ayes to 217 noes, Roll No. 9. Pages H73–75 D14

VerDate Aug 31 2005 05:51 Jan 17, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D16JA8.REC D16JAPT1 ccoleman on PRODPC75 with DIGEST January 16, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D15 Pursuant to the rule, the amendment in the na- Agreed that the Clerk be authorized to make ture of a substitute recommended by the Committee technical and conforming changes to reflect the ac- on Education and Labor now printed in the bill shall tions of the House. Page H75 be considered as an original bill for the purpose of H. Res. 918, the rule providing for consideration amendment under the five-minute rule. Pages H54–60 of the bill, was agreed to by voice vote after agreeing Accepted: to order the previous question by a year-and-nay George Miller (CA) manager’s amendment (No. 1 vote of 222 yeas to 191 nays, Roll No. 2. printed in H. Rept. 110–508) that provides the Pages H39–44 mining industry with more time to install a new Adjournment Resolution: The House agreed to H. generation of fire-resistant conveyor belts, provides Con. Res. 279, providing for a conditional adjourn- funds for MSHA to purchase a new generation of ment of the House. Page H260 dust monitoring devices to limit black lung disease, Quorum Calls—Votes: Five yea-and-nay votes and and ensures that breathable air requirements of the five recorded votes developed during the proceedings MINER Act of 2006 are properly implemented. In of today and appear on pages H43–44, H44, addition, the amendment requires that the Secretary H44–45, H70, H71, H71–72, H72, H74–75, H75, of Labor conduct a study on substance abuse by min- and H259–60. There were no quorum calls. ers with recommendations for policy changes, in con- Adjournment: The House met at 10 a.m. and ad- sultation with all interested parties. The Secretary journed at 9:16 p.m. shall report the findings within six months of the bill’s enactment and, if she deems it feasible and ef- fective, shall be authorized to establish a miner sub- Committee Meetings stance abuse testing, rehabilitation, and treatment IRAQ—POST SURGE ALTERNATIVES program within MSHA in consultation with the in- Committee on Armed Services; Subcommittee on Over- terested parties (by a recorded vote of 234 ayes to sight and Investigations held a hearing on A Con- 183 noes, Roll No. 5); Pages H60–64, H70 tinuing Dialogue: Post-Surge Alternatives for Iraq. Boucher amendment (No. 2 printed in H. Rept. Testimony was heard from the following former offi- 110–508) that authorizes $10,000,000 to award cials of the Department of Defense: John J. Hume, grants to provide rehabilitation services to current Deputy Secretary; GEN John M. Keane, USA (Ret.), and former miners suffering from mental health im- Vice Chief of Staff, Army; and GEN Barry McCaf- pairments, including drug addiction and substance frey, USA (Ret.) abuse issues, which may have been caused or exacer- AMERICANS WITH DISABILITIES— bated by their work as miners (by a recorded vote MEDICAID’S CRITICAL ROLE of 364 ayes to 53 noes, Roll No. 6); and Committee on Energy and Commerce: Subcommittee on Pages H64–65, H70–71 Health held a hearing entitled ‘‘Helping Families Ellsworth amendment (No. 3 printed in H. Rept. with Needed Care: Medicaid’s Critical Role for 110–508) that offers relief to mine operators that Americans with Disabilities.’’ Testimony was heard have been assessed penalties and pay them in a time- from public witnesses. ly fashion. It also establishes a trust fund within Treasury, composed of mine safety civil penalties. U.S.-PAKISTAN RELATIONS Funds from the trust fund can be used for mine safe- Committee on Foreign Affairs: Subcommittee on the ty inspections and investigations only (by a recorded Middle East and South Asia held a hearing on U.S.- vote of 416 ayes with none voting ‘‘no’’, Roll No. Pakistan Relations: Assassination, Instability and the 7). Pages H65–66, H71–72 Future of U.S. Policy. Testimony was heard from Rejected: public witnesses. Wilson (SC) amendment in the nature of a sub- HOPE VI IMPROVEMENT AND stitute (No. 4 printed in H. Rept. 110–508) that REAUTHORIZATION ACT OF 2007 promotes the continued robust implementation of Committee on Rules: Granted, by a voice vote, a struc- the 2006 MINER Act, increases worker safety by tured rule providing 1 hour of general debate on providing miners the opportunity to have a voice in H.R. 3524, HOPE VI Improvement and Reauthor- mine safety, expands substance abuse programs to all ization Act of 2007, equally divided and controlled mines to ensure safe working conditions for all min- by the chairman and ranking minority member of ers, and addresses issues raised by the recent Crandall the Committee on Financial Services. The rule Canyon disaster (by a recorded vote of 188 ayes to waives all points of order against consideration of the 229 noes, Roll No. 8). Pages H66–70, H72 bill except clauses 9 and 10 of rule XXI. The rule

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provides that the amendment in the nature of a sub- whose tireless work, dedication, and commitment to stitute recommended by the Committee on Financial protecting the United States have led to the Coast Services now printed in the bill shall be considered Guard seizing over 350,000 pounds of cocaine at sea as an original bill for the purpose of amendment and during 2007, far surpassing all of our previous shall be considered as read. The rule waives all records. points of order against the amendment in the nature The Committee also approved General Services of a substitute except for clause 10 of rule XXI. Administration Capitol and Leasing Program Resolu- The rule makes in order only those amendments tions. printed in the Rules Committee report. The amend- ECONOMICALLY VULNERABLE ments made in order may be offered only in the BENEFICIARIES—SOCIAL SECURITY order printed in the report, may be offered only by BENEFITS a Member designated in the report, shall be consid- ered as read, shall be debatable for the time specified Committee on Ways and Means: Subcommittee on So- in the report equally divided and controlled by the cial Security held a hearing on Social Security Bene- proponent and an opponent, shall not be subject to fits for Economically Vulnerable Beneficiaries. Testi- amendment, and shall not be subject to a demand mony was heard from David A. Rust, Acting Dep- for a division of the question in the House or in the uty Commissioner, Disability and Income Security Committee of the Whole. All points of order against Programs, SSA; Laura R. Haltzel, Specialist In Social the amendments except for clauses 9 and 10 of rule Legislation, CRS, Library of Congress; and public XXI are waived. The rule provides one motion to re- witnesses. commit with or without instructions. The rule pro- BRIEFING—HOT SPOTS vides that, notwithstanding the operation of the pre- Permanent Select Committee on Intelligence: Met in execu- vious question, the Chair may postpone further con- tive session to receive a briefing on Hot Spots. The sideration of the bill to a time designated by the Committee was briefed by departmental witnesses. Speaker. Finally, the rule tables H. Res. 894. Testi- mony was heard from Chairman Barney Frank of CIA TAPES INVESTIGATION Massachusetts, and Representatives Waters, Capito Permanent Select Committee on Intelligence: Met in execu- and Neugebauer. tive session to hold a hearing on CIA Tapes Inves- WOMEN’S PROCUREMENT PROGRAM— tigation. Testimony was heard from John Rizzo, SBA’S PROGRESS Acting General Counsel, CIA. Committee on Small Business: Held a hearing entitled ‘‘SBA’s Progress in Implementing the Women’s Pro- Joint Meetings curement Program.’’ Testimony was heard from Ste- RECESSION AVOIDANCE ven Preston, Administrator, SBA; Elizabeth Papez, Joint Economic Committee: Committee concluded a Deputy Assistant Attorney General, Office of Legal hearing to examine potential efforts by the federal Counsel, Department of Justice; and public wit- government to avoid a recession, after receiving testi- nesses. mony from Lawrence H. Summers, Harvard Univer- MISCELLANEOUS MEASURES; GSA CAPITOL sity, Cambridge, Massachusetts; and Lawrence INVESTMENT AND LEASING RESOLUTIONS Mishel, Economic Policy Institute, and William W. Committee on Transportation and Infrastructure: Ordered Beach, Heritage Foundation, both of Washington, reported the following measures: H.R. 3913, To D.C. amend the International Center Act to authorize the f lease or sublease of certain property described in COMMITTEE MEETINGS FOR THURSDAY, such Act to an entity other than a foreign govern- JANUARY 17, 2008 ment or international organization if certain condi- tions are met; H.R. 4140. To designate the Port An- (Committee meetings are open unless otherwise indicated) geles Federal Building in Port Angeles, Washington, Senate as the ‘‘Richard B. Anderson Federal Building;’’ H. Res. 832, Honoring the Texas Water Development No meetings/hearings scheduled. Board on its selection as a recipient of the Environ- House mental Protection Agency’s 2007 Clean Water State Committee on Armed Services, hearing on the Status of Ef- Revolving and Innovation Award; H. Res. 845, forts to Develop Iraqi Security Forces, 10 a.m., 2118 amended, Recognizing the 60th anniversary of Ever- Rayburn. glades National Park; H.R. 866, Honoring the brave Committee on the Budget, hearing on the Near-Term men and women of the United States Coast Guard Outlook for the U.S. Economy, 10 a.m., 210 Cannon.

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Committee on Energy and Commerce, Subcommittee on En- to establish the position of Director of Physician Assistant ergy and Air Quality, hearing entitled ‘‘Administration Services within the office of the Under Secretary of Vet- Perspectives on United Nations Climate Change Con- erans Affairs for Health; H.R. 3458, To direct the Sec- ference in Bali,’’ 10 a.m., 2123 Rayburn. retary of Veterans Affairs to carry out a pilot program on Committee on the Judiciary, Subcommittee on Immigra- the provision of traumatic brain injury care in rural areas; tion, Citizenship, Refugees, Border Security, and Inter- H.R. 3819, Veterans Emergency Care Fairness Act of national Law, hearing on Naturalization Delays: Causes, 2007; H.R. 4053, Mental Health Improvements Act of Consequences and Solutions, 10 a.m., 2141 Rayburn. 2007; H.R. 4107, Women Veterans Health Care Im- Committee on Oversight and Government Reform, hearing on provement Act; H.R. 4146, To amend title 38, United Assessing Veterans’ Charities—Part II, 10 a.m., 2154 States Code, to clarify the availability of emergency med- Rayburn. ical care for veterans in non-Department of Veteran Af- Committee on Small Business, hearing entitled ‘‘Oversight of the U.S. Export-Import Bank’s Implementation of its fairs medical facilities; H.R. 4204, Veterans Suicide Study Small Business Mandate,’’ 10 a.m., 2360 Rayburn. Act; and H.R. 4231, Rural Veterans Health Care Access Committee on Transportation and Infrastructure, hearing on Act of 2007, 10 a.m., 340 Cannon. the National Surface Transportation Policy and Revenue Permanent Select Committee on Intelligence, Subcommittee Study Commission Report, 11 a.m., 2167 Rayburn. on Terrorism, Human Intelligence, Analysis and Counter- Committee on Veterans’ Affairs, Subcommittee on Eco- intelligence, executive, briefing on U.S. Hostages in Co- nomic Opportunity, hearing to review pending Mont- lombia, 10 a.m., H–405 Capitol. gomery G.I. Bill legislation, 1 p.m., 340 Cannon. Select Committee on Energy Independence and Global Warm- Subcommittee on Health, hearing on the following ing, hearing entitled ‘‘On Thin Ice: the Future of the bills: H.R. 2790, To amend title 38, United States Code, Polar Bear,’’ 9:30 a.m., 2175 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, January 18 10 a.m., Thursday, January 17

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Thursday: Consideration of H.R. 3524— session. HOPE VI Improvement and Reauthorization Act of 2007 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE DeGette, Diana, Colo., E25 McCaul, Michael T., Tex., E23 Graves, Sam, Mo., E22, E28, E28, E29, E29, E30, E30, McCollum, Betty, Minn., E25 Berman, Howard L., Calif., E29 E30, E31 Moore, Gwen, Wisc., E25 Bishop, Sanford D., Jr., Ga., E20, E21 Green, Gene, Tex., E24 Norton, Eleanor Holmes, D.C., E30 Brady, Kevin, Tex., E28 Higgins, Brian, N.Y., E28, E28, E29 Nunes, Devin, Calif., E24 Buchanan, Vern, Fla., E24 Hoekstra, Peter, Mich., E22 Radanovich, George, Calif., E20, E21 Burgess, Michael C., Tex., E19, E20, E22, E26 Kildee, Dale E., Mich., E19, E20, E21 Rodriguez, Ciro D., Tex., E29 Capito, Shelley Moore, W.Va., E22 Klein, Ron, Fla., E23 Thompson, Bennie G., Miss., E26 Cole, Tom, Okla., E22 Lewis, Ron, Ky., E29 Tsongas, Niki, Mass., E30 DeFazio, Peter A., Ore., E23 McCarthy, Kevin, Calif., E19, E21 Wolf, Frank R., Va., E23

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