[Congressional Record Volume 156, Number 126 (Monday, September 20, 2010)]
[Senate]
[Pages S7218-S7221]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4619. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by her to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division C of the bill, insert the following:

                     TITLE __--EDUCATION JOBS FUND

     SEC. __1. ELIMINATION OF PROVISIONS RELATING TO TEXAS.

       Section 101 of Public Law 111-226 (124 Stat. 2389) is 
     amended by striking paragraph (11).
                                 ______
                                 
  SA 4620. Mr. LEVIN (for Mr. Durbin) proposed an amendment to the bill 
S. 624, to provide 100,000,000 people with first-time access to safe 
drinking water and sanitation on a sustainable basis by 2015 by 
improving the capacity of the United States Government to fully 
implement the Senator Paul Simon Water for the Poor Act of 2005; as 
follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Senator Paul Simon Water for 
     the World Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Senator Paul Simon Water for the Poor Act of 2005 
     (Public Law 109-121)--
       (A) makes access to safe water and sanitation for 
     developing countries a specific policy objective of United 
     States foreign assistance programs;
       (B) requires the Secretary of State to--
       (i) develop a strategy to elevate the role of water and 
     sanitation policy; and
       (ii) improve the effectiveness of United States assistance 
     programs undertaken in support of that strategy;
       (C) codifies Target 10 of the United Nations Millennium 
     Development Goals; and
       (D) seeks to reduce by half between 1990 (the baseline 
     year) and 2015--
       (i) the proportion of people who are unable to reach or 
     afford safe drinking water; and
       (ii) the proportion of people without access to basic 
     sanitation.
       (2) On December 20, 2006, the United Nations General 
     Assembly, in GA Resolution 61/192, declared 2008 as the 
     International Year of Sanitation, in recognition of the 
     impact of sanitation on public health, poverty reduction, 
     economic and social development, and the environment.
       (3) On August 1, 2008, Congress passed H. Con. Res. 318, 
     which--
       (A) supports the goals and ideals of the International Year 
     of Sanitation; and
       (B) recognizes the importance of sanitation on public 
     health, poverty reduction, economic and social development, 
     and the environment.
       (4) While progress is being made on safe water and 
     sanitation efforts--
       (A) more than 884,000,000 people throughout the world lack 
     access to safe drinking water; and
       (B) 2 of every 5 people in the world do not have access to 
     basic sanitation services.
       (5) The health consequences of unsafe drinking water and 
     poor sanitation are significant, accounting for--
       (A) nearly 10 percent of the global burden of disease; and
       (B) more than 2,000,000 deaths each year.
       (6) Water scarcity has negative consequences for 
     agricultural productivity and food security for the 
     1,200,000,000 people who, as of 2010, suffer from chronic 
     hunger and seriously threatens the ability of the world to 
     more than double food production to meet the demands of a 
     projected population of 9,000,000,000 people by 2050.
       (7) According to the November 2008 report entitled, 
     ``Global Trends 2025: A Transformed World'', the National 
     Intelligence Council expects rapid urbanization and future 
     population growth to exacerbate already limited access to 
     water, particularly in agriculture-based economies.
       (8) According to the 2005 Millennium Ecosystem Assessment, 
     commissioned by the United Nations, more than \1/5\ of the 
     world population relies on freshwater that is either polluted 
     or excessively withdrawn.
       (9) The impact of water scarcity on conflict and 
     instability is evident in many parts of the world, including 
     the Darfur region of Sudan, where demand for water resources 
     has contributed to armed conflict between nomadic ethnic 
     groups and local farming communities.
       (10) In order to further the United States contribution to 
     safe water and sanitation efforts, it is necessary to--
       (A) expand foreign assistance capacity to address the 
     challenges described in this section; and
       (B) represent issues related to water and sanitation at the 
     highest levels of United States foreign assistance and 
     diplomatic deliberations, including those related to issues 
     of global health, food security, the environment, global 
     warming, and maternal and child mortality.

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that the United States should 
     help undertake a global effort to bring sustainable access to 
     clean water and sanitation to poor people throughout the 
     world.

     SEC. 4. PURPOSE.

       The purpose of this Act is--
       (1) to enable first-time access to safe water and 
     sanitation, on a sustainable basis, for 100,000,000 people in 
     high priority countries (as designated under section 6(f) of 
     the Senator Paul Simon Water for the Poor Act of 2005 (22 
     U.S.C. 2152h note) within 6 years of the date of enactment of 
     this Act through direct funding, development activities, and 
     partnerships; and
       (2) to enhance the capacity of the United States Government 
     to fully implement the Senator Paul Simon Water for the Poor 
     Act of 2005 (Public Law 109-121).

     SEC. 5. DEVELOPING UNITED STATES GOVERNMENT CAPACITY.

       Section 135 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2152h) is amended by adding at the end the following:
       ``(e) Senior Advisor for Water.--
       ``(1) In general.--To carry out the purposes of subsection 
     (a), the Administrator of the United States Agency for 
     International Development shall designate a senior advisor to 
     coordinate and conduct the activities described in this 
     section and the Senator Paul Simon Water for the Poor Act of 
     2005 (Public Law 109-121). The Advisor shall report directly 
     to the Administrator and be known as the `Senior Advisor for 
     Water'. The initial Senior Advisor for Water shall be the 
     individual serving as Water Team Leader as of the date of the 
     enactment of the Senator Paul Simon Water for the World Act 
     of 2010.
       ``(2) Duties.--The Advisor shall--
       ``(A) implement this section and the Senator Paul Simon 
     Water for the Poor Act of 2005 (Public Law 109-121);
       ``(B) develop and oversee implementation in high priority 
     countries of country-specific water strategies and expertise, 
     in coordination with appropriate United States Agency for 
     International Development Mission Directors, to enable the 
     goal of providing 100,000,000 additional people with 
     sustainable access to safe water and sanitation through 
     direct funding, development activities, and partnerships 
     within 6 years of the date of the enactment of the Senator 
     Paul Simon Water for the World Act of 2010; and
       ``(C) place primary emphasis on providing safe, affordable, 
     and sustainable drinking water, sanitation, and hygiene in a 
     manner that--
       ``(i) is consistent with sound water resource management 
     principles; and
       ``(ii) utilizes such approaches as direct service 
     provision, capacity building, institutional strengthening, 
     regulatory reform, and partnership collaboration; and

[[Page S7219]]

       ``(D) integrate water strategies with country-specific or 
     regional food security strategies.
       ``(3) Capacity.--The Advisor shall be designated 
     appropriate staff and may utilize interagency details or 
     partnerships with universities, civil society, and the 
     private sector, as needed, to strengthen implementation 
     capacity.
       ``(f) Special Coordinator for International Water.--
       ``(1) Establishment.--To increase the capacity of the 
     Department of State to address international issues regarding 
     safe water, sanitation, integrated river basin management, 
     and other international water programs, the Secretary of 
     State shall establish a Special Coordinator for International 
     Water (referred to in this subsection as the `Special 
     Coordinator'), who shall report to the Under Secretary for 
     Democracy and Global Affairs. The initial Special Coordinator 
     shall be the individual serving as Special Coordinator for 
     Water Resources as of the date of the enactment of the 
     Senator Paul Simon Water for the World Act of 2010.
       ``(2) Duties.--The Special Coordinator shall--
       ``(A) oversee and coordinate the diplomatic policy of the 
     United States Government with respect to global freshwater 
     issues, including interagency coordination related to--
       ``(i) sustainable access to safe drinking water, 
     sanitation, and hygiene;
       ``(ii) integrated river basin and watershed management;
       ``(iii) global food security;
       ``(iv) transboundary conflict;
       ``(v) agricultural and urban productivity of water 
     resources;
       ``(vi) disaster recovery, response, and rebuilding,
       ``(vii) pollution mitigation; and
       ``(viii) adaptation to hydrologic change due to climate 
     variability; and
       ``(B) ensure that international freshwater issues are 
     represented--
       ``(i) within the United States Government; and
       ``(ii) in key diplomatic, development, and scientific 
     efforts with other nations and multilateral organizations.
       ``(3) Support staff.--The Special Coordinator shall be 
     designated appropriate staff to support the duties described 
     in paragraph (2).''.

     SEC. 6. SAFE WATER, SANITATION, AND HYGIENE STRATEGY.

       Section 6 of the Senator Paul Simon Water for the Poor Act 
     of 2005 (22 U.S.C. 2152h note) is amended--
       (1) in subsection (b), by adding at the end the following: 
     ``The Coordinator shall take actions to ensure that the safe 
     water and sanitation strategy is integrated into any review 
     or development of a Federal strategy for global development, 
     global health, or global food security that sets forth or 
     establishes the United States mission for global development, 
     guidelines for assistance programs, and how development 
     policy will be coordinated with policies governing trade, 
     immigration, and other relevant international issues.'';
       (2) in subsection (c), by adding at the end the following: 
     ``In developing the program activities needed to implement 
     the strategy, the Secretary shall consider the results of the 
     assessment described in subsection (e)(9).''; and
       (3) in subsection (e)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(7) an assessment of all United States Government foreign 
     assistance allocated to the drinking water and sanitation 
     sector during the 3 previous fiscal years, across all United 
     States Government agencies and programs, including an 
     assessment of the extent to which the United States 
     Government's efforts are reaching and supporting the goal of 
     enabling first-time access to safe water and sanitation on a 
     sustainable basis for 100,000,000 people in high priority 
     countries;
       ``(8) recommendations on what the United States Government 
     would need to do to achieve and support the goals referred to 
     in paragraph (7), in support of the United Nation's 
     Millennium Development Goal on access to safe drinking water; 
     and
       ``(9) an assessment of best practices for mobilizing and 
     leveraging the financial and technical capacity of business, 
     governments, nongovernmental organizations, and civil society 
     in forming public-private partnerships that measurably 
     increase access to safe, affordable, drinking water and 
     sanitation.''.

     SEC. 7. DEVELOPING LOCAL CAPACITY.

       The Senator Paul Simon Water for the Poor Act of 2005 
     (Public Law 109-121) is amended--
       (1) by redesignating sections 9, 10, and 11 as sections 10, 
     11, and 12, respectively; and
       (2) by inserting after section 8 the following:

     ``SEC. 9. WATER AND SANITATION INSTITUTIONAL CAPACITY-
                   BUILDING PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development (referred to in this section as the `Secretary' 
     and the `Administrator', respectively), in consultation with 
     host country institutions, the Centers for Disease Control 
     and Prevention, the Department of Agriculture, and other 
     agencies, as appropriate, shall establish, in coordination 
     with mission directors in high priority countries, a program 
     to build the capacity of host country institutions and 
     officials responsible for water and sanitation in countries 
     that receive assistance under section 135 of the Foreign 
     Assistance Act of 1961, including training at appropriate 
     levels, to--
       ``(A) provide affordable, equitable, and sustainable access 
     to safe drinking water and sanitation;
       ``(B) educate the populations of such countries about the 
     dangers of unsafe drinking water and lack of proper 
     sanitation; and
       ``(C) encourage behavior change to reduce individuals' risk 
     of disease from unsafe drinking water and lack of proper 
     sanitation and hygiene.
       ``(2) Expansion.--The Secretary and the Administrator may 
     establish the program described in this section in additional 
     countries if the receipt of such capacity building would be 
     beneficial for promoting access to safe drinking water and 
     sanitation, with due consideration given to good governance.
       ``(3) Capacity.--The Secretary and the Administrator--
       ``(A) should designate appropriate staff with relevant 
     expertise to carry out the strategy developed under section 
     6; and
       ``(B) may utilize, as needed, interagency details or 
     partnerships with universities, civil society, and the 
     private sector to strengthen implementation capacity.
       ``(b) Designation.--The United States Agency for 
     International Development Mission Director for each country 
     receiving a `high priority' designation under section 6(f) 
     and for each region containing a country receiving such 
     designation shall report annually to Congress on the status 
     of--
       ``(1) designating safe drinking water and sanitation as a 
     strategic objective;
       ``(2) integrating the water strategy into a food security 
     strategy;
       ``(3) assigning an employee of the United States Agency for 
     International Development as in-country water and sanitation 
     manager to coordinate the in-country implementation of this 
     Act and section 135 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2152h) with host country officials at various levels 
     of government responsible for water and sanitation, the 
     Department of State, and other relevant United States 
     Government agencies; and
       ``(4) coordinating with the Development Credit Authority 
     and the Global Development Alliance to further the purposes 
     of this Act.''.

     SEC. 8. OTHER ACTIVITIES SUPPORTED.

       In addition to the requirements of section 135(c) of the 
     Foreign Assistance Act (22 U.S.C. 2152h(c)) the Administrator 
     should--
       (1) foster global cooperation on research and technology 
     development, including regional partnerships among water 
     experts to address safe drinking water, sanitation, water 
     resource management, and other water-related issues;
       (2) establish regional and cross-border cooperative 
     activities between scientists and specialists that work to 
     share technologies and best practices, mitigate shared water 
     challenges, foster international cooperation, and defuse 
     cross-border tensions;
       (3) provide grants through the United States Agency for 
     International Development to foster the development, 
     dissemination, and increased and consistent use of low cost 
     and sustainable technologies, such as household water 
     treatment, hand washing stations, and latrines, for providing 
     safe drinking water, sanitation, and hygiene that are 
     suitable for use in high priority countries, particularly in 
     places with limited resources and infrastructure;
       (4) in collaboration with the Centers for Disease Control 
     and Prevention, Department of Agriculture, the Environmental 
     Protection Agency, the National Oceanic and Atmospheric 
     Administration, and other agencies, as appropriate, conduct 
     formative and operational research and monitor and evaluate 
     the effectiveness of programs that provide safe drinking 
     water and sanitation; and
       (5) integrate efforts to promote safe drinking water, 
     sanitation and hygiene with existing foreign assistance 
     programs, as appropriate, including activities focused on 
     food security, HIV/AIDS, malaria, tuberculosis, maternal and 
     child health, food security, and nutritional support.

     SEC. 9. MONITORING AND EVALUATION.

       (a) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) achieving United States foreign policy objectives 
     requires the consistent and systematic evaluation of the 
     impact of United States foreign assistance programs and 
     analysis on what programs work and why, when, and where they 
     work;
       (2) the design of assistance programs and projects should 
     include the collection of relevant baseline data required to 
     measure outcomes and impacts;
       (3) the design of assistance programs and projects should 
     reflect the knowledge gained from evaluation and analysis;
       (4) a culture and practice of high quality evaluation 
     should be revitalized at agencies managing foreign assistance 
     programs, which requires that the concepts of evaluation and 
     analysis are used to inform policy and programmatic 
     decisions, including the training of aid professionals in 
     evaluation design and implementation;
       (5) the effective and efficient use of funds cannot be 
     achieved without an understanding of how lessons learned are 
     applicable in various environments and under similar or 
     different conditions; and

[[Page S7220]]

       (6) project evaluations should be used as sources of data 
     when running broader analyses of development outcomes and 
     impacts.
       (b) Coordination and Integration.--To the extent possible, 
     the Administrator shall coordinate and integrate evaluation 
     of United States water programs with the learning, 
     evaluation, and analysis efforts of the United States Agency 
     for International Development aimed at measuring development 
     impact.

     SEC. 10. UPDATED REPORT REGARDING WATER FOR PEACE AND 
                   SECURITY.

       Section 11(b) of the Senator Paul Simon Water for the Poor 
     Act of 2005, as redesignated by section 7, is amended by 
     adding at the end the following: ``The report submitted under 
     this subsection shall include an assessment of current and 
     likely future political tensions over water sources and 
     multidisciplinary assessment of the expected impacts of 
     changes to water supplies and agricultural productivity in 
     10, 25, and 50 years.''.

     SEC. 11. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS AND 
                   EFFICIENCY OF UNITED STATES EFFORTS TO PROVIDE 
                   SAFE WATER AND SANITATION FOR DEVELOPING 
                   COUNTRIES.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall submit to the Committee on Foreign 
     Affairs of the House of Representatives and the Committee on 
     Foreign Relations of the Senate a report on the effectiveness 
     and efficiency of United States efforts to provide safe water 
     and sanitation for developing countries.
       (b) Elements.--In preparing the report required by 
     subsection (a), the Comptroller General shall, at a minimum--
       (1) identify all programs (and respective Federal agencies) 
     in the Federal Government that perform the mission of 
     providing safe water and sanitation for developing countries, 
     including capacity-building, professional exchanges, and 
     other related programs;
       (2) list the actual costs for the implementation, 
     operation, and support of the individual programs;
       (3) assess the effectiveness of these programs in meeting 
     their goals;
       (4) assess the efficiency of these programs compared to 
     each other and to programs to provide similar aid performed 
     by nongovernmental organizations and other governments, and 
     identify best practices from this assessment;
       (5) identify and assess programs that are duplicative of 
     each other or of efforts by nongovernmental organizations and 
     other governments;
       (6) assess whether appropriate oversight of these programs 
     is being conducted by Federal agencies, especially in the 
     programs in which Federal agencies are utilizing contractors 
     instead of government employees to perform this mission; and
       (7) make such recommendations as the Comptroller General 
     considers appropriate.
                                 ______
                                 
  SA 4621. Mr. WEBB (for himself and Mr. Warner) submitted an amendment 
intended to be proposed by him to the bill S. 3454, to authorize 
appropriations for fiscal year 2011 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XXVII, add the following:

     SEC. 2704. TRANSPORTATION PLAN FOR BRAC PROJECT 133 UNDER 
                   FORT BELVOIR, VIRGINIA, DEFENSE BASE CLOSURE 
                   AND REALIGNMENT INITIATIVE.

       (a) Limitation on Project Implementation.--The Secretary of 
     the Army may not take beneficial occupancy of more than 1,000 
     parking spaces provided by the combination of spaces provided 
     by the BRAC 133 project and the lease of spaces in the 
     immediate vicinity of the BRAC 133 project until both of the 
     following occur:
       (1) The Secretary submits to the congressional defense 
     committees a viable transportation plan for the BRAC 133 
     project.
       (2) The Secretary certifies to the congressional defense 
     committees that construction has been completed to provide 
     adequate ingress to and egress from the business park at 
     which the BRAC 133 project is located.
       (b) Viability of Transportation Plan.--To be considered a 
     viable transportation plan under subsection (a)(1), the 
     transportation plan must provide for the ingress and egress 
     of all personnel to and from the BRAC 133 project site 
     without further reducing the level of service at the 
     following six intersections:
       (1) The intersection of Beauregard Street and Mark Center 
     Drive.
       (2) The intersection of Beauregard Street and Seminary 
     Road.
       (3) The intersection of Seminary Road and Mark Center 
     Drive.
       (4) The intersection of Seminary Road and the northbound 
     entrance-ramp to I-395.
       (5) The intersection of Seminary Road and the northbound 
     exit-ramp from I-395.
       (6) The intersection of Seminary Road and the southbound 
     exit-ramp from I-395.
       (c) Inspector General Report.--Not later than September 30, 
     2011, the Inspector General of the Department of Defense 
     shall submit to the congressional defense committees a report 
     evaluating the sufficiency and coordination conducted in 
     completing the requisite environmental studies associated 
     with the site selection of the BRAC 133 project pursuant to 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.). The report of the Inspector General shall give 
     specific attention to the transportation determinations 
     associated with the BRAC 133 project and review and provide 
     comment on the transportation plan of the Secretary of the 
     Army under subsection (a)(1) and its adherence to the 
     limitations imposed by subsection (b).
       (d) Definitions.--In this section:
       (1) The term ``BRAC 133 project'' means the proposed office 
     complex to be developed at an established mixed-use business 
     park in Alexandria, Virginia, to implement recommendation 133 
     of the Defense Base Closure and Realignment Commission 
     contained in the report of the Commission transmitted to 
     Congress on September 15, 2005, under section 2903(e) of the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
       (2) The term ``level of service'' has the meaning given 
     that term in the current Highway Capacity Manual of the 
     Transportation Research Board.
                                 ______
                                 
  SA 4622. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 705. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS 
                   OF THE ARMED FORCES AND VETERANS FOR TRAUMATIC 
                   BRAIN INJURY AND POST-TRAUMATIC STRESS 
                   DISORDER.

       (a) Pilot Program Required.--The Secretary of Defense and 
     the Secretary of Veterans Affairs shall carry out a five-year 
     pilot program under which each such Secretary shall establish 
     a process through which each Secretary shall provide payment 
     for treatments (including diagnostic testing) of traumatic 
     brain injury or post-traumatic stress disorder received by 
     members of the Armed Forces and veterans in health care 
     facilities other than military treatment facilities or 
     Department of Veterans Affairs medical facilities. Such 
     process shall provide that payment be made directly to the 
     health care facility furnishing the treatment.
       (b) Conditions for Payment.--The approval by a Secretary 
     for payment for a treatment pursuant to subsection (a) shall 
     be subject to the following conditions:
       (1) Any drug or device used in the treatment must be 
     approved or cleared by the Food and Drug Administration for 
     any purpose.
       (2) The treatment or study protocol used in treating the 
     member or veteran must have been approved by an institutional 
     review board operating in accordance with regulations issued 
     by the Secretary of Health and Human Services.
       (3) The approved treatment or study protocol (including any 
     patient disclosure requirements) must be used by the health 
     care provider delivering the treatment.
       (4) The patient receiving the treatment or study protocol 
     must demonstrate an improvement as a result of the treatment 
     on one or more of the following:
       (A) Standardized independent pre-treatment and post-
     treatment neuropsychological testing.
       (B) Accepted survey instruments.
       (C) Neurological imaging.
       (D) Clinical examination.
       (5) The patient receiving the treatment or study protocol 
     must be receiving the treatment voluntarily.
       (c) Additional Restrictions Prohibited.--Except as provided 
     in this subsection (b), no restriction or condition for 
     reimbursement may be placed on any health care provider that 
     is operating lawfully under the laws of the State in which 
     the provider is located with respect to the receipt of 
     payment under this section.
       (d) Payment Deadline.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall make a payment for a 
     treatment or study protocol pursuant to subsection (a) not 
     later than 30 days after a member of the Armed Forces or 
     veteran (or health care provider on behalf of such member or 
     veteran) submits to the Secretary documentation regarding the 
     treatment or study protocol. The Secretary of Defense and the 
     Secretary of Veterans Affairs shall ensure that the 
     documentation required under this subsection may not be an 
     undue burden on the member of the Armed Forces or veteran or 
     on the health care provider.
       (e) Payment Source.--Subsection (c)(1) of section 1074 of 
     title 10, United States Code, shall apply with respect to the 
     payment by the Secretary of Defense for treatment or study 
     protocols pursuant to subsection (a) of traumatic brain 
     injury and post-traumatic stress disorder received by members 
     of the Armed Forces.
       (f) Payment Amount.--A payment under this section shall be 
     made at the equivalent Centers for Medicare and Medicaid 
     Services

[[Page S7221]]

     reimbursement rate in effect for appropriate treatment codes 
     for the State or territory in which the treatment or study 
     protocol is received. If no such rate is in effect, payment 
     shall be made at a fair market rate, as determined by the 
     Secretary of Defense, in consultation with the Secretary of 
     Health and Human Services, with respect to a patient who is a 
     member of the Armed Forces or the Secretary of Veterans 
     Affairs with respect to a patient who is a veteran.
       (g) Data Collection and Availability.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly develop and maintain a 
     database containing data from each patient case involving the 
     use of a treatment under this section. The Secretaries shall 
     ensure that the database preserves confidentiality and be 
     made available only--
       (A) for third-party payer examination;
       (B) to the appropriate congressional committees and 
     employees of the Department of Defense, the Department of 
     Veterans Affairs, the Department of Health and Human 
     Services, and appropriate State agencies; and
       (C) to the primary investigator of the institutional review 
     board that approved the treatment or study protocol, in the 
     case of data relating to a patient case involving the use of 
     such treatment or study protocol.
       (2) Enrollment in institutional review board study.--In the 
     case of a patient enrolled in a registered institutional 
     review board study, results may be publically distributable 
     in accordance with the regulations prescribed pursuant to the 
     Health Insurance Portability and Accountability Act of 1996 
     (Public Law 104-191) and other regulations and practices in 
     effect as of the date of the enactment of this Act.
       (3) Qualified institutional review boards.--The Secretary 
     of Defense and the Secretary of Veterans Affairs shall each 
     ensure that the Internet website of their respective 
     departments includes a list of all civilian institutional 
     review board studies that have received a payment under this 
     section.
       (h) Assistance for Members to Obtain Treatment.--
       (1) Assignment to temporary duty.--The Secretary of a 
     military department may assign a member of the Armed Forces 
     under the jurisdiction of the Secretary to temporary duty or 
     allow the member a permissive temporary duty in order to 
     permit the member to receive treatment or study protocol for 
     traumatic brain injury or post-traumatic stress disorder, for 
     which payments shall be made under subsection (a), at a 
     location beyond reasonable commuting distance of the member's 
     permanent duty station.
       (2) Payment of per diem.--A member who is away from the 
     member's permanent station may be paid a per diem in lieu of 
     subsistence in an amount not more than the amount to which 
     the member would be entitled if the member were performing 
     travel in connection with a temporary duty assignment.
       (3) Gift rule waiver.--Notwithstanding any rule of any 
     department or agency with respect to ethics or the receipt of 
     gifts, any assistance provided to a member of the Armed 
     Forces with a service-connected injury or disability for 
     travel, meals, or entertainment incidental to receiving 
     treatment or study protocol under this section, or for the 
     provision of such treatment or study protocol, shall not be 
     subject to or covered by any such rule.
       (i) Retaliation Prohibited.--No retaliation may be made 
     against any member of the Armed Forces or veteran who 
     receives treatment or study protocol as part of registered 
     institutional review board study carried out by a civilian 
     health care practitioner.
       (j) Treatment of University and Nationally Accredited 
     Institutional Review Boards.--For purposes of this section, a 
     university-affiliated or nationally accredited institutional 
     review board shall be treated in the same manner as a 
     Government institutional review board.
       (k) Memoranda of Understanding.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall seek to 
     expeditiously enter into memoranda of understandings with 
     civilian institutional review boards described in subsection 
     (j) for the purpose of providing for members of the Armed 
     Forces and veterans to receive treatment carried out by 
     civilian health care practitioners under a treatment or study 
     protocol approved by and under the oversight of civilian 
     institutional review boards that would qualify for payment 
     under this section.
       (l) Outreach Required.--
       (1) Outreach to veterans.--The Secretary of Veterans 
     Affairs shall notify each veteran with a service-connected 
     injury or disability of the opportunity to receive treatment 
     or study protocol pursuant to this section.
       (2) Outreach to members of the armed forces.--The Secretary 
     of Defense shall notify each member of the Armed Forces with 
     a service-connected injury or disability of the opportunity 
     to receive treatment or study protocol pursuant to this 
     section.
       (m) Report to Congress.--Not later than 30 days after the 
     last day of each fiscal year during which the Secretary of 
     Defense and the Secretary of Veterans Affairs are authorized 
     to make payments under this section, the Secretaries shall 
     jointly submit to Congress an annual report on the 
     implementation of this section. Such report shall include 
     each of the following for that fiscal year:
       (1) The number of individuals for whom the Secretary has 
     provided payments under this section.
       (2) The condition for which each such individual receives 
     treatment for which payment is provided under this section 
     and the success rate of each such treatment.
       (3) Treatment methods that are used by entities receiving 
     payment provided under this section and the respective rate 
     of success of each such method.
       (4) The recommendations of the Secretaries with respect to 
     the integration of treatment methods for which payment is 
     provided under this section into facilities of the Department 
     of Defense and Department of Veterans Affairs.
       (n) Termination.--The authority to make a payment under 
     this section shall terminate on the date that is five years 
     after the date of the enactment of this Act.
       (o) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each fiscal year during which the Secretary of Veterans 
     Affairs and the Secretary of Defense are authorized to make 
     payments under this section.
                                 ______
                                 
  SA 4623. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 5136, to authorize appropriations for fiscal year 
2011 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 97, between lines 6 and 7, insert the following:

     SEC. 3__. OIL AND GAS PRODUCTION ON DEPARTMENT OF DEFENSE 
                   LAND.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) in the first sentence of subsection (a), by striking 
     ``All money received'' and inserting ``Subject to subsection 
     (d), all money received''; and
       (2) by adding at the end the following:
       ``(d) Certain Sales, Bonuses, and Royalties.--
       ``(1) In general.--The Secretary of the Treasury shall 
     transfer to the Secretary of Defense the amounts received 
     under subsection (a) from oil and gas production carried out 
     on land that is occupied by, or title to which is held by, a 
     military installation.
       ``(2) Use of funds.--Any amount received by the Secretary 
     of Defense under paragraph (1) shall be used to offset costs 
     of military installations for--
       ``(A) administrative operations; and
       ``(B) the maintenance and repair of facilities and 
     infrastructure of military installations.''.
                                 ______
                                 
  SA 4624. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 591.
                                 ______
                                 
  SA 4625. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 713.

                          ____________________