[Congressional Record Volume 154, Number 145 (Friday, September 12, 2008)]
[Senate]
[Pages S8499-S8501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5498. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 3001, to authorize appropriations for 
fiscal year 2009 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF NATIONAL SECURITY INTERESTS FROM OIL 
                   AND GAS LEASING IN CERTAIN AREAS.

       (a) Areas.--This section applies to--
       (1) any area in the Gulf of Mexico that is east of the 
     Military Mission Line (as defined in section 102 of the Gulf 
     of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; 
     Public Law 109-432));
       (2) the area that is also known as the ``Joint Gulf Range 
     Complex'' or the ``Gulf of Mexico Range''; and
       (3) any military or national security agency operations, 
     training, or testing area that is used by a military or 
     national security agency of the United States
       (b) Prerequisite.--Notwithstanding any other provision of 
     law, the Secretary of the Interior shall not issue any permit 
     for oil and gas leasing or extraction in an area described in 
     subsection (a) unless and until the President certifies 
     (based on written opinions provided by each of the Secretary 
     of Defense, the Secretary of the Navy, the Secretary of the 
     Air Force, and the head of each appropriate national security 
     agency of the United States) that in balancing the national 
     security interests of the United States--
       (1) the advantages of oil or gas extraction in the area; 
     outweigh
       (2) the military and national security missions being 
     conducted in the area.
       (c) Opinions.--Each written opinion required for an area 
     under subsection (b) shall--
       (1) be submitted to the national security committees of 
     Congress in unclassified form, with a classified annex (if 
     applicable); and
       (2) evaluate the effects of oil or gas extraction on 
     military and national security agency operations, training, 
     or testing in the area.
                                 ______
                                 
  SA 5499. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States Special Representative to the United 
     Nations should use the voice, vote, and influence of the 
     United States at the United Nations to seek an extension of 
     the mandate of the Multi-National Force in Iraq under United 
     National Security Council Resolution 1790 (2007) in order to 
     provide United States and Coalition forces within the Multi-
     National Force in Iraq with the authorities, privileges, and 
     immunities necessary for such forces to carry out their 
     mission in Iraq after December 31, 2008;
       (2) the extension under paragraph (1) should expire upon 
     the earlier of--
       (A) a period of one year; or
       (B) the entry into force of a strategic framework agreement 
     and a status of forces agreement between the United States 
     and Iraq as mutually agreed upon by the Government of the 
     United States and the Government of Iraq;
       (3) the strategic framework agreement now being negotiated 
     between the United States and Iraq poses significant long-
     term national security implications for the United States;
       (4) the Bush Administration having fully agreed to consult 
     with Congress regarding all details of the strategic 
     framework agreement and status of forces agreement between 
     the United States and Iraq, copies of the full texts of each 
     such agreement should be provided to the Chairman and Ranking 
     Minority Member of the appropriate committees of Congress 
     before entry into such agreement; and
       (5) any strategic framework agreement mutually agreed upon 
     by the Government of the United States and the Government of 
     Iraq should cease to have effect unless approved by Congress 
     within 180 days of the entry into force of such agreement.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Foreign Relations 
     of the Senate; and
       (2) the Committees on Armed Services and International 
     Relations of the House of Representatives.
                                 ______
                                 
  SA 5500. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 344. ALTERNATIVE AVIATION FUEL INITIATIVE.

       (a) Findings.--Congress makes the following findings:
       (1) Dependence on foreign sources of oil is detrimental to 
     the national security of the United States due to possible 
     disruptions in supply.
       (2) The Department of Defense is the largest single 
     consumer of fuel in the United States.
       (3) The United States Air Force is the largest consumer of 
     fuel in the Department of Defense.
       (4) The skyrocketing price of fuel is having a significant 
     budgetary impact on the Department of Defense.
       (5) The United States Air Force uses about 2,600,000,000 
     gallons of jet fuel a year, or 10 percent of the entire 
     domestic market in aviation fuel.
       (6) The Air Force has developed an energy program (in this 
     section referred to as the ``Air Force Energy Program'') to 
     certify the entire Air Force aircraft fleet for operations on 
     a 50/50 synthetic fuel blend by not later than June 30, 2011, 
     and to acquire 50 percent of its domestic aviation fuel 
     requirement from a synthetic fuel blend, at prices equal to 
     or less than market prices for petroleum-based alternatives, 
     that exhibits a more favorable environmental footprint across 
     all major contaminates of concern, by not later than December 
     31, 2016.
       (7) The Air Force Energy Program will provide options to 
     reduce the use of foreign oil, by focusing on expanding 
     alternative energy options that provide favorable 
     environmental attributes as compared to currently-available 
     options.
       (b) Continuation of Initiatives.--
       (1) In general.--The Secretary of the Air Force shall 
     continue the alternative aviation fuel initiatives of the Air 
     Force with a goal of--
       (A) certifying the entire Air Force aircraft fleet for 
     operations on alternative or synthetic fuels (including 
     blends of alternative or synthetic fuels with conventional 
     fuels) by not later than June 30, 2011;
       (B) acquiring 50 percent of its domestic aviation fuel 
     requirement from alternative or synthetic fuels (including 
     blends of alternative or synthetic fuels with conventional 
     fuels) by not later than December 31, 2016, provided that--
       (i) the lifecycle greenhouse gas emissions associated with 
     the production and combustion of such fuel shall be lower 
     than such emissions from conventional fuels that are used in 
     the same application, as determined in accordance with 
     guidance by the Department of Energy and the Environmental 
     Protection Agency ; and
       (ii) prices for such fuels are equal to or less than market 
     prices for petroleum-based alternatives that are used for the 
     same functions;
       (C) taking actions in collaboration with the commercial 
     aviation industry and equipment manufacturers to spur the 
     development of a domestic alternative aviation fuel industry; 
     and
       (D) taking actions in collaboration with other Federal 
     agencies, the commercial sector, and academia to solicit for 
     and test the next generation of environmentally-friendly 
     alternative aviation fuels.
       (2) Adjustment of goal.--The Secretary of the Air Force may 
     adjust the goal of acquiring 50 percent of Air Force domestic 
     fuel requirements from alternative or synthetic fuels by not 
     later than December 31, 2016, if the Secretary determines in 
     writing that it would not be practicable, or in the best 
     interests of the Air Force, to do so and informs the 
     congressional defense committees within 30 days of the basis 
     for such determination.

[[Page S8500]]

       (3) Annual report.--Not later than 180 days after the date 
     of the enactment of this Act and annually thereafter in each 
     of fiscal years 2010 through 2016, the Secretary of Defense, 
     in consultation with the Secretary of the Air Force, shall 
     submit to Congress a report on the progress of the 
     alternative aviation fuel initiative program, including--
       (A) the status of aircraft fleet certification, until 
     complete;
       (B) the quantities of alternative or synthetic fuels 
     (including blends of alternative or synthetic fuels with 
     conventional fuels) purchased for use by the Air Force in the 
     fiscal year ending in such year;
       (C) progress made against published goals for such fiscal 
     year;
       (D) the status of recovery plans to achieve any goals set 
     for previous years that were not achieved; and
       (E) the establishment or adjustment of goals and objectives 
     for the current fiscal year or for future years.
       (c) Annual Report for Army and Navy.--Not later than 180 
     days after the date of the enactment of this Act, and 
     annually thereafter in each of fiscal years 2010 through 
     2016, the Secretary of the Army and the Secretary of the Navy 
     shall each submit to Congress a report on goals and progress 
     to research, test, and certify the use of alternative fuels 
     in their respective aircraft fleets.
       (d) Defense Science Board Review.--
       (1) Report required.--Not later than October 1, 2011, the 
     Defense Science Board shall report to the Secretary of 
     Defense on the feasibility and advisability of achieving the 
     goals established in subsection (b)(1). The report shall 
     address--
       (A) the technological and economic achievability of the 
     goals;
       (B) the impact of actions required to meet such goals on 
     the military readiness of the Air Force, energy costs, 
     environmental performance, and dependence on foreign oil; and
       (C) any recommendations the Defense Science Board may have 
     for improving the Air Force program.
       (2) Submission to congress.--Not later than 30 days after 
     receiving the report required by under paragraph (1), the 
     Secretary of Defense shall forward the report to Congress, 
     together with the comments and recommendations of the 
     Secretary.
                                 ______
                                 
  SA 5501. Ms. SNOWE (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed by her to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. SMALL BUSINESS PROGRAMS FOR SERVICE-DISABLED 
                   VETERANS.

       (a) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively; and
       (2) the term ``small business concern owned and controlled 
     by service-disabled veterans'' has the meaning given that 
     term in section 3 of the Small Business Act (15 U.S.C. 632), 
     as amended by this section.
       (b) Certification.--
       (1) Congressional intent.--It is the intent of Congress 
     that the Administrator should accept certifications by the 
     Department of Veterans Affairs, under such criteria as the 
     Administrator may prescribe, by regulation or order, in 
     certifying small business concerns owned and controlled by 
     service-disabled veterans
       (2) Regulations.--Before implementing paragraph (1), the 
     Administrator shall promulgate regulations or orders ensuring 
     appropriate certification safeguards to be implemented by the 
     Administration and the Department of Veterans Affairs.
       (3) Registration portal.--The Administrator and the 
     Secretary of Veterans Affairs shall ensure that small 
     business concerns owned and controlled by service-disabled 
     veterans may apply to participate in all programs for such 
     small business concerns carried out by the Administrator or 
     the Secretary through a single process.
       (c) Transition Period for Surviving Spouses or Permanent 
     Care Givers.--Section 3(q)(2) of the Small Business Act (15 
     U.S.C. 632(q)(2)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) the management and daily business operations of which 
     are controlled--
       ``(i) by 1 or more service-disabled veterans or, in the 
     case of a veteran with permanent and severe disability, the 
     spouse or permanent care giver of such veteran; or
       ``(ii) for a period of not longer than 10 years after the 
     death of a service-disabled veteran, by a surviving spouse or 
     permanent caregiver thereof.''.
       (d) Mentor-Protege Program.--The Administrator may 
     establish a mentor-protege program for small business 
     concerns owned and controlled by service-disabled veterans, 
     modeled on the mentor-protege program of the Administration 
     for small businesses participating in programs under section 
     8(a) of the Small Business Act (15 U.S.C. 637(a)).
       (e) Improving Opportunities for Service Disabled 
     Veterans.--Section 36(a) of the Small Business Act (15 U.S.C. 
     657f(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``may'' and inserting ``shall''; and
       (2) in paragraph (1), by striking ``and the contracting 
     officer'' and all that follows through ``contracting 
     opportunity''.
                                 ______
                                 
  SA 5502. Mr. NELSON of Nebraska (for himself and Mr. Levin) submitted 
an amendment intended to be proposed by him to the bill S. 3001, to 
authorize appropriations for fiscal year 2009 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       Section 305(a) of title 37, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a) Special Pay 
     Authorized.--''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In designating duty as hardship duty for purposes of 
     this section, the Secretary of Defense shall take into 
     account the following:
       ``(A) Quality-of-life and living conditions in the area of 
     a member's assignment.
       ``(B) The mission a member is performing.
       ``(C) Whether the tempo of operations under which a member 
     is performing the duty exceeds the thresholds established in 
     section 991 of title 10.
       ``(D) Whether the time a member has served on deployment 
     during the course of the member's career in specified 
     locations or operations (such as combat zones or combat 
     operations), missions, or assignments exceeds a period 
     specified by the Secretary of Defense.
       ``(E) Such other factors as the Secretary of Defense 
     considers appropriate.''.
                                 ______
                                 
  SA 5503. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 3001, to authorize appropriations for fiscal year 
2009 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Pilot Programs Authorized.--The Secretary of Veterans 
     Affairs shall, in collaboration with the Secretary of 
     Defense, carry out a pilot program to assess the feasibility 
     and advisability of providing training and certification for 
     family caregivers of veterans and members of the Armed Forces 
     with traumatic brain injury as personal care attendants of 
     such veterans and members.
       (b) Duration of Program.--The pilot program required by 
     subsection (a) shall be carried out during the three-year 
     period beginning on the date of the commencement of the pilot 
     program.
       (c) Locations.--The pilot program under this section shall 
     be carried out in three medical facilities of the Department 
     of Veterans Affairs. In selecting the locations of the pilot 
     program, the Secretary shall give special emphasis to the 
     polytrauma centers of the Department of Veterans Affairs 
     designated as Tier I polytrauma centers.
       (d) Training Curricula.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     develop curricula for the training of personal care 
     attendants under the pilot program under this section. Such 
     curricula shall incorporate--
       (A) applicable standards and protocols utilized by 
     certification programs of national brain injury care 
     specialist organizations; and
       (B) best practices recognized by caregiving organizations.
       (2) Use of existing curricula.--In developing the curricula 
     required by paragraph (1), the Secretary of Veterans Affairs 
     shall, to the extent practicable, utilize and expand upon 
     training curricula developed pursuant to section 744(b) of 
     the John Warner National Defense Authorization Act for Fiscal 
     Year 2007 (Public Law 109-364; 120 Stat. 2308).
       (e) Participation in Programs.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     determine the eligibility of a family member of a veteran or 
     member of the Armed Forces for participation in the pilot 
     program under this section.
       (2) Basis for determination.--A determination made under 
     paragraph (1) shall be based on the needs of the veteran or 
     member of the Armed Forces concerned, as determined by the 
     physician of such veteran or member.
       (f) Eligibility for Compensation.--A family caregiver of a 
     veteran or member of the Armed Forces who receives 
     certification as a personal care attendant under the pilot 
     program under this section shall be eligible for

[[Page S8501]]

     compensation from the Department of Veterans Affairs for care 
     provided to such veteran or member.
       (g) Costs of Training.--
       (1) Training of families of veterans.--Any costs of 
     training provided under the pilot program under this section 
     for family members of veterans shall be borne by the 
     Secretary of Veterans Affairs.
       (2) Training of families of members of the armed forces.--
     The Secretary of Defense shall reimburse the Secretary of 
     Veterans Affairs for any costs of training provided under the 
     pilot program for family members of members of the Armed 
     Forces. Amounts for such reimbursement shall be derived from 
     amounts available for Defense Health Program for the TRICARE 
     program.
       (h) Assessment of Family Caregiver Needs.--
       (1) In general.--The Secretary of Veterans Affairs may 
     provide to a family caregiver who receives training under a 
     pilot program under this section--
       (A) an assessment of their needs with respect to their role 
     as a family caregiver; and
       (B) a referral to services and support that--
       (i) are relevant to any needs identified in such 
     assessment; and
       (ii) are provided in the community where the family 
     caregiver resides, including such services and support 
     provided by community-based organizations, publicly-funded 
     programs, and the Department of Veterans Affairs.
       (2) Use of existing tools.--In developing and administering 
     an assessment under paragraph (1), the Secretary shall, to 
     the extent practicable, use and expand upon caregiver 
     assessment tools already developed and in use by the 
     Department.
       (i) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a report on the pilot program 
     carried out under this section, including the recommendations 
     of the Secretary with respect to expansion or modification of 
     the pilot program.
       (j) Construction.--Nothing in this section shall be 
     construed--
       (1) to establish a mandate or right for a family caregiver 
     to be trained and certified under this section; and
       (2) to prohibit the Secretary from considering or adopting 
     the preference of a veteran or member of the Armed Forces for 
     services provided by a personal care attendant who is not a 
     family caregiver.
       (k) Family Caregiver Defined.--In this section, with 
     respect to member of the Armed Forces or a veteran with 
     traumatic brain injury, the term ``family caregiver'' means a 
     family member of such member or veteran, or such other 
     individual of similar affinity to such member or veteran as 
     the Secretary proscribes, who is providing care to such 
     member or veteran for such traumatic brain injury.

                          ____________________