[Congressional Record (Bound Edition), Volume 155 (2009), Part 14]
[Senate]
[Pages 19052-19057]
[From the U.S. Government Publishing Office, www.gpo.gov]




    DEPARTMENT OF ENERGY NATIONAL SECURITY ACT FOR FISCAL YEAR 2010

  The bill (S. 1393) to authorize appropriations for fiscal year 2010 
for defense activities of the Department of Energy, and for other 
purposes was considered, ordered to be engrossed for a third reading, 
read the third time, and passed.
  The PRESIDING OFFICER. Under the previous order, the Senate insists 
on its amendment and requests a conference with the House.
  The Chair appointed Mr. Levin, Mr. Kennedy, Mr. Byrd, Mr. Lieberman, 
Mr. Reed of Rhode Island, Mr. Akaka, Mr. Nelson of Florida, Mr. Nelson 
of Nebraska, Mr. Bayh, Mr. Webb, Mrs. McCaskill, Mr. Udall of Colorado, 
Mrs. Hagan, Mr. Begich, Mr. Burris, Mr. McCain, Mr. Inhofe, Mr. 
Sessions, Mr. Chambliss, Mr. Graham, Mr. Thune, Mr. Martinez, Mr. 
Wicker, Mr. Burr, Mr. Vitter, and Ms. Collins conferees on the part of 
the Senate.
  Mr. LEVIN. I wonder now if the Senator from New York might be 
recognized for a brief colloquy with me which will last no more than 5 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. GILLIBRAND. Mr. President, I rise today to speak about an 
amendment which I had offered which was not included in the managers' 
package. It has passed in the House. It is about the issue of autism.
  We have a significant issue with regard to autism in the military. 
The autism spectrum disorder affects 1 in every 150 American children, 
1 in every 90 boys, more than pediatric cancer, diabetes, and AIDS 
combined. A new case of autism is diagnosed every 20 minutes, making it 
the fastest growing serious developmental condition in the United 
States. And if this continues, autism could reach 4 million Americans 
in the next 10 years.
  In the military, autism is even more prevalent. There are currently 
over 13,000 children of Active-Duty servicemembers with autism. 
Representing about 1 percent of the Nation's total population, military 
families understand all too well the financial impact and the emotional 
burden of this disorder. Despite this, the Department of Defense has 
been unable to adequately provide autism therapy services to their 
families.
  Currently, autism treatment is subject to a monthly cap under the 
health insurance system, TRICARE. It also has a very burdensome 
application process, which can delay critical care for our military 
families. My amendment is designed to change this, to make sure this 
cap no longer applies so that these military families have access to 
the care their children need.
  One example. One family's son, Taylor, has autism, and he is 7 years 
old. They are dependent on the TRICARE autism treatment because his IQ 
is at 73, and the cutoff for the New York State program is 70. So they 
budget about $500 extra out of pocket per month to pay for Taylor's 
therapy. But it is far less than Taylor actually needs to achieve his 
potential.
  So what we are hoping to do is ultimately make sure that children who 
have autism, whose mothers or fathers are serving in the military will 
have access to the number of hours of treatment doctors recommend. We 
hope that through these efforts, down the line we can begin to provide 
these resources for the men and women who put their lives on the line 
every day for our country.
  Mr. LEVIN. Mr. President, let me commend the Senator from New York 
for identifying a very significant problem. She has always shown great 
sensitivity to the men and women in the Armed Forces.
  There is a provision in the House bill--we are not sure exactly what 
it is--that relates to this issue and the need to provide for autistic 
kids. We will take a look at that in conference and see if there is 
anything we can do to move in the direction which the Senator from New 
York has so properly identified.
  The proud tradition that our committee has maintained every year 
since 1961 continues with the Senate's passage of this 48th consecutive 
national defense authorization bill. We are motivated to pass this 
bill, as we are every year. In fact, we are inspired to pass this bill 
for the men and women of our Armed Forces and their families. They give 
it everything they have 24/7. They never give up and they never give 
in. We always have to work long and hard to pass this bill, but it is 
worth every bit of effort we put into it. I thank our leadership on 
both sides of the aisle and all Senators for their role in keeping the 
tradition going.
  Our committee's bipartisanship also makes this moment possible. I am 
proud to serve with Senator McCain. I am grateful for his partnership 
and his friendship. To all of the committee members--we have one of our 
committee members presiding at the moment--your work on a bipartisan 
basis the entire year is most appreciated.
  I want to thank not only our subcommittee chairs and ranking members 
but give special thanks to the six new members who joined our committee 
this year. We work together in

[[Page 19053]]

committee. We did not allow our differences on this bill to divide us; 
we reported the bill unanimously. And to Charlie Armstrong in the 
Office of Senate Legislative Counsel, after drafting hundreds of 
amendments to this bill again this year, many, many special thanks to 
you.
  Our committee staff members, if they are still here--many of them 
are--many of them are still in Russell working tonight--you deserve 
much more than heartfelt thanks, but that is all we can offer to you 
right now. They were led by Rick DeBobes, our committee staff director, 
and Joe Bowab, our Republican staff director. Our staff unselfishly 
sacrifices and works incredibly hard on this bill.
  So please go home now, staff, enjoy a couple of hours--no more than 
3, please--of sleep and enjoy a nonmicrowave meal for a change. We know 
you will be back at 6 o'clock in the morning fully rested and ready to 
tackle the conference with your talents, ability, and teamwork. We 
could not be where we are now without you.
  They deserve our recognition as a tribute to their professionalism. 
And as a further expression of our gratitude, I ask that all of their 
names appear in the Record at this point.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


                 senate armed services committee staff

       Adam J. Barker, Professional Staff Member; June M. 
     Borawski, Printing and Documents Clerk; Joseph W. Bowab, 
     Republican Staff Director; Leah C. Brewer, Nominations and 
     Hearings Clerk; Joseph M. Bryan, Professional Staff Member; 
     Pablo E. Carrillo, Minority Investigative Counsel; Jonathan 
     D. Clark, Counsel; Ilona R. Cohen, Counsel; Christine E. 
     Cowart, Chief Clerk; Madelyn R. Creedon, Counsel; Kevin A. 
     Cronin, Staff Assistant; Richard D. DeBobes, Staff Director; 
     Gabriella Eisen, Counsel; Richard W. Fieldhouse, Professional 
     Staff Member; Richard H. Fontaine, Jr., Deputy Minority Staff 
     Director; Creighton Greene, Professional Staff Member; Mary 
     C. Holloway, Staff Assistant; and Gary J. Howard, Systems 
     Administrator.
       Paul J. Hubbard, Staff Assistant; Paul C. Hutton IV, 
     Professional Staff Member; Mark R. Jacobson, Professional 
     Staff Member; Jessica L. Kingston, Research Assistant; 
     Jennifer R. Knowles, Staff Assistant; Michael V. Kostiw, 
     Professional Staff Member; Michael J. Kuiken, Professional 
     Staff Member; Mary J. Kyle, Legislative Clerk; Christine G. 
     Lang, Staff Assistant; Terence K. Laughlin, Professional 
     Staff Member; Gerald J. Leeling, Counsel; Daniel A. Lerner, 
     Professional Staff Member; Peter K. Levine, General Counsel; 
     Gregory R. Lilly, Executive Assistant for the Minority; 
     Thomas K. McConnell, Professional Staff Member; William G. P. 
     Monahan, Counsel; David M. Morriss, Minority Counsel; and 
     Lucian L. Niemeyer, Professional Staff Member.
       Michael J. Noblet, Professional Staff Member; Christopher 
     J. Paul, Professional Staff Member; Cindy Pearson, Assistant 
     Chief Clerk and Security Manager; Roy F. Phillips, 
     Professional Staff Member; John H. Quirk V, Professional 
     Staff Member; Brian F. Sebold, Staff Assistant; Arun A. 
     Seraphin, Professional Staff Member; Russell L. Shaffer, 
     Counsel; Travis E. Smith, Special Assistant; Jennifer L. 
     Stoker, Security Clerk; William K. Sutey, Professional Staff 
     Member; Diana G. Tabler, Professional Staff Member; Mary 
     Louise Wagner, Professional Staff Member; Richard F. Walsh, 
     Minority Counsel; Breon N. Wells, Staff Assistant; and Dana 
     W. White, Professional Staff Member.

  Mr. LEVIN. I again offer my special thanks to my very dear friend, 
the Senator from Arizona, Mr. McCain, who has amazing energy and 
passion for this subject. He is an inspiration to all of us that he 
serves as he does on this Armed Services Committee.
  Mr. McCAIN. Mr. President, I would like to thank Senator Levin and 
the staff as well on both sides of the aisle and thank Senator Levin 
for his patience, for his perseverance, his knowledge, and his 
commitment to the security of this Nation and the men and women who 
serve it. I am honored to have the opportunity to serve with him. I 
share his praise for our staffs. In addition, I also thank our floor 
staffs who make our machinery run when it comes to a grinding halt from 
time to time. I am grateful for their help, their assistance, and the 
hard work they have given us as well.
  I think we have a managers' package, and we will be done for this 
year. Again, my sincere appreciation to the chairman whom I had the 
great honor and privilege now of serving with for nearly a quarter of a 
century.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Mr. President, I thank my friend from Arizona for thanking 
our floor staff. I overlooked that. Even though we look at them hour 
after hour after hour, somehow or other we manage to overlook that, 
their great service when it comes to thanking everybody who is 
involved. We do thank the floor staffs for their phenomenal work.
  Mr. McCAIN. Particularly Lula.
  Mr. LEVIN. Particularly Lula.


Amendments Nos. 1572; 1802; 1801; 1606, as Modified; 1808; 1705; 1797, 
    as Modified; 1732; 1753; 1758; 1751; 1661; 1653; 1811; 1516, as 
  Modified; 1812; 1658; 1796, as Modified; 1533, as Modified, En Bloc

  Mr. LEVIN. Mr. President, we have 18 amendments at the desk, and I 
understand these have been approved now by both Senator McCain and I 
and the two leaders. They have all approved these 18 amendments. Under 
the previous unanimous consent agreement, these amendments now are part 
of the managers' package and, with the approval of the four I have 
identified, I understand that these are now part of the bill. Is my 
understanding correct?
  The PRESIDING OFFICER. The Senator is correct.
  The amendments were agreed to, as follows:


                           amendment no. 1572

 (Purpose: To provide for the treatment of service as a member of the 
  Alaska Territorial Guard during World War II as active service for 
        purposes of retired pay for members of the Armed Forces)

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

     SEC. 652. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY 
                   PURPOSES OF SERVICE AS MEMBER OF ALASKA 
                   TERRITORIAL GUARD DURING WORLD WAR II.

       (a) In General.--Service as a member of the Alaska 
     Territorial Guard during World War II of any individual who 
     was honorably discharged therefrom under section 8147 of the 
     Department of Defense Appropriations Act, 2001 (Public Law 
     106-259; 114 Stat. 705) shall be treated as active service 
     for purposes of the computation under chapter 61, 71, 371, 
     571, 871, or 1223 of title 10, United States Code, as 
     applicable, of the retired pay to which such individual may 
     be entitled under title 10, United States Code.
       (b) Applicability.--Subsection (a) shall apply with respect 
     to amounts of retired pay payable under title 10, United 
     States Code, for months beginning on or after the date of the 
     enactment of this Act. No retired pay shall be paid to any 
     individual by reason of subsection (a) for any period before 
     that date.
       (c) World War II Defined.--In this section, the term 
     ``World War II'' has the meaning given that term in section 
     101(8) of title 38, United States Code.


                           amendment no. 1802

(Purpose: To extend the monthly special pay benefit for members of the 
reserve components of the Armed Forces to include time spent performing 
                pre-deployment and re-integration duty)

       Beginning on page 184, line 20, strike ``serves on active 
     duty'' and all that follows through ``serves on active duty'' 
     on page 185, line 6, and insert the following: ``serves on 
     active duty in the Armed Forces or active status in a reserve 
     component of the Armed Forces, including time served 
     performing pre-deployment and re-integration duty regardless 
     of whether or not such duty was performed by such a member on 
     active duty in the Armed Forces, or has the member's 
     eligibility for retirement from the Armed Forces suspended, 
     as described in that subsection.
       (b) Covered Members.--A member of the Armed Forces 
     described in this subsection is any member of the Army, Navy, 
     Air Force, or Marine Corps (including a member of a reserve 
     component thereof) who, at any time during the period 
     beginning on October 1, 2009, and ending on June 30, 2011, 
     serves on active duty in the Armed Forces or active status in 
     a reserve component of the Armed Forces, including time 
     served performing pre-deployment and re-integration duty 
     regardless of whether or not such duty was performed by such 
     a member on active duty in the Armed Forces,


                           amendment no. 1801

  (Purpose: To require the Secretary of the Navy to solicit competing 
   bids for the procurement of steam turbines for the ships service 
  turbine generators and main propulsion turbines for the Ohio-class 
                     submarine replacement program)

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

[[Page 19054]]



     SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF STEAM 
                   TURBINES FOR SHIPS SERVICE TURBINE GENERATORS 
                   AND MAIN PROPULSION TURBINES FOR OHIO-CLASS 
                   SUBMARINE REPLACEMENT PROGRAM.

       The Secretary of the Navy shall take measures to ensure 
     competition, or the option of competition, for steam turbines 
     for the ships service turbine generators and main propulsion 
     turbines for the Ohio-class submarine replacement program in 
     accordance with section 202 of the Weapons Systems 
     Acquisition Reform Act of 2009 (Public Law 111-23; 10 U.S.C. 
     2430 note).


                      amendment 1606, As Modified

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

     SEC. 3136. SENSE OF THE SENATE ON PRODUCTION OF MOLYBDENUM-
                   99.

       (a) Findings.--The Senate makes the following findings:
       (1) There are fewer than five reactors around the world 
     currently capable of producing molybdenum-99 (Mo-99) and 
     there are no such reactors in the United States that can 
     provide a reliable supply of Mo-99 to meet medical needs.
       (2) Since November 2007, there have been major disruptions 
     in the global availability of Mo-99, including at facilities 
     in Canada and the Netherlands, which have led to shortages of 
     Mo-99-based medical products in the United States and around 
     the world.
       (3) Ensuring a reliable, supply of medical radioisotopes, 
     including Mo-99, is of great importance to the public health.
       (4) It is also a national security priority of the United 
     States, and specifically of the Department of Energy, to 
     encourage the production of low-enriched uranium-based 
     radioisotopes in order to promote a more peaceful 
     international nuclear order.
       (5) The National Academy of Sciences has identified a need 
     to establish a reliable capability in the United States for 
     the production of Mo-99 and its derivatives for medical 
     purposes using low-enriched uranium.
       (6) There also exists a capable industrial base in the 
     United States that can support the development of Mo-99 
     production facilities and can conduct the processing and 
     distribution of radiopharmaceutical products for use in 
     medical tests worldwide.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) radioisotopes and radiopharmaceuticals, including Mo-99 
     and its derivatives, are essential components of medical 
     tests that help diagnose and treat life-threatening diseases 
     affecting millions of people each year; and
       (2) the Secretary of Energy should continue and expand a 
     program to meet the need identified by the National Academy 
     of Sciences to ensure a source of Mo-99 and its derivatives 
     for use in medical tests to help ensure the health security 
     of the United States and around the world and promote 
     peaceful nuclear industries through the use of low-enriched 
     uranium.


                           amendment no. 1808

(Purpose: To provide to members of the Armed Forces and their families 
 comprehensive information on benefits for members of the Armed Forces 
                          and their families)

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

     SEC. 573. PROVISION TO MEMBERS OF THE ARMED FORCES AND THEIR 
                   FAMILIES OF COMPREHENSIVE INFORMATION ON 
                   BENEFITS FOR MEMBERS OF THE ARMED FORCES AND 
                   THEIR FAMILIES.

       (a) Provision of Comprehensive Information Required.--The 
     Secretary of the military department concerned shall, at each 
     time specified in subsection (b), provide to each member of 
     the Armed Forces and, when practicable, the family members of 
     such member comprehensive information on the benefits 
     available to such member and family members as described in 
     subsection (c), including the estimated monetary amount of 
     such benefits and of any applicable offsets to such benefits.
       (b) Times for Provision of Information.--Comprehensive 
     information on benefits shall be provided a member of the 
     Armed Forces and family members at each time as follows:
       (1) Within 180 days of the enlistment, accession, or 
     commissioning of the member as a member of the Armed Forces.
       (2) Within 180 days of a determination that the member--
       (A) has incurred a service-connected disability; and
       (B) is unfit to perform the duties of the member's office, 
     grade, rank, or rating because of such disability.
       (3) Upon the discharge, separation, retirement, or release 
     of the member from the Armed Forces.
       (c) Covered Benefits.--The benefits on which a member of 
     the Armed Forces and family members shall be provided 
     comprehensive information under this section shall be as 
     follows:
       (1) At all the times described in subsection (b), the 
     benefits shall include the following:
       (A) Financial compensation, including financial counseling.
       (B) Health care and life insurance programs for members of 
     the Armed Forces and their families.
       (C) Death benefits.
       (D) Entitlements and survivor benefits for dependents of 
     the Armed Forces, including offsets in the receipt of such 
     benefits under the Survivor Benefit Plan and in connection 
     with the receipt of dependency and indemnity compensation.
       (E) Educational assistance benefits, including limitations 
     on and the transferability of such assistance.
       (F) Housing assistance benefits, including counseling.
       (G) Relocation planning and preparation.
       (H) Such other benefits as the Secretary concerned 
     considers appropriate.
       (2) At the time described in paragraph (1) of such 
     subsection, the benefits shall include the following:
       (A) Maintaining military records.
       (B) Legal assistance.
       (C) Quality of life programs.
       (D) Family and community programs.
       (E) Such other benefits as the Secretary concerned 
     considers appropriate.
       (3) At the times described in paragraphs (2) and (3) of 
     such subsection, the benefits shall include the following:
       (A) Employment assistance.
       (B) Continuing Reserve Component service.
       (C) Disability benefits, including offsets in connection 
     with the receipt of such benefits.
       (D) Benefits and services provided under laws administered 
     by the Secretary of Veterans Affairs.
       (E) Such other benefits as the Secretary concerned 
     considers appropriate.
       (d) Biennial Notice to Members of the Armed Forces on the 
     Value of Pay and Benefits.--
       (1) Biennial notice required.--The Secretary of each 
     military department shall provide to each member of the Armed 
     Forces under the jurisdiction of such Secretary on a biennial 
     basis notice on the value of the pay and benefits paid or 
     provided to such member by law during the preceding year. The 
     notice may be provided in writing or electronically, at the 
     election of the Secretary.
       (2) Elements.--Each notice provided a member under 
     paragraph (1) shall include the following:
       (A) A statement of the estimated value of the military 
     health care, retirement benefits, disability benefits, 
     commissary and exchange privileges, government-provided 
     housing, tax benefits associated with service in the Armed 
     Forces, and special pays paid or provided the member during 
     the preceding 24 months.
       (B) A notice regarding the death and survivor benefits, 
     including Servicemembers' Group Life Insurance, to which the 
     family of the member would be entitled in the event of the 
     death of the member, and a description of any offsets that 
     might be applicable to such benefits.
       (C) Information on other programs available to members of 
     the Armed Forces generally, such as access to morale, 
     welfare, and recreation (MWR) facilities, child care, and 
     education tuition assistance, and the estimated value, if 
     ascertainable, of the availability of such programs in the 
     area where the member is stationed or resides.
       (e) Other Outreach.--
       (1) In general.--The Secretaries of the military 
     departments shall, on a periodic basis, conduct outreach on 
     the pay, benefits, and programs and services available to 
     members of the Armed Forces by reason of service in the Armed 
     Forces. The outreach shall be conducted pursuant to public 
     service announcements, publications, and such other 
     announcements through general media as will serve to 
     disseminate the information broadly among the general public.
       (2) Internet outreach website.--
       (A) In general.--The Secretary of Defense shall establish 
     an Internet website for the purpose of providing the 
     comprehensive information about the benefits and offsets 
     described in subsection (c) to members of the Armed Forces 
     and their families.
       (B) Contact information.--The Internet website required by 
     subparagraph (A) shall provide contact information, both 
     telephone and e-mail, that a member of the Armed Forces and a 
     family member of the member can use to get personalized 
     information about the benefits and offsets described in 
     subsection (c).
       (f) Reports.--
       (1) Initial report.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the implementation of the requirements of this section by the 
     Department of Defense. Such report shall include a 
     description of the quality and scope of available online 
     resources that provide information about benefits for members 
     of the Armed Forces and their families.
       (2) Records maintained.--The Secretary of Defense or the 
     military department concerned shall maintain records that 
     contain the number of individuals that received a briefing 
     under this section in the previous year disaggregated by the 
     following:
       (A) Whether the individual is a member of the Armed Forces 
     or a family member of a member of the Armed Forces.
       (B) The Armed Force of the members.

[[Page 19055]]

       (C) The State or territory in which the briefing occurred.
       (D) The subject of the briefing.


                           amendment no. 1705

(Purpose: To extend the deadline for the completion of the independent 
     study of concepts and systems for boost-phase missile defense)

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

     SEC. 245. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE 
                   MISSILE DEFENSE.

       Section 232(c)(1) of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     122 Stat. 4392) is amended by striking ``October 31, 2010'' 
     and inserting ``March 1, 2011''.


                    amendment no. 1797, as modified

  (Purpose: To reauthorize the Maritime Administration, and for other 
                               purposes)

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           amendment no. 1732

 (Purpose: To provide for an additional duty for the advisory panel on 
  Department of Defense capabilities for support of civil authorities 
                        after certain incidents)

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

     SEC. 1059. ADDITIONAL DUTY FOR ADVISORY PANEL ON DEPARTMENT 
                   OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL 
                   AUTHORITIES AFTER CERTAIN INCIDENTS.

       Section 1082(d) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 337) is 
     amended by--
       (1) redesignating paragraphs (7) and (8) as paragraphs (9) 
     and (10), respectively;
       (2) in paragraph (4), by striking ``other department'' and 
     inserting ``other departments''; and
       (3) by inserting after paragraph (6) the following new 
     paragraphs:
       ``(7) assess the adequacy of the process and methodology by 
     which the Department of Defense establishes, maintains, and 
     resources dedicated, special, and general purpose forces for 
     conducting operations described in paragraph (1);
       ``(8) assess the adequacy of the resources planned and 
     programmed by the Department of Defense to ensure the 
     preparedness and capability of dedicated, special, and 
     general purpose forces for conducting operations described in 
     paragraph (1);''.


                           amendment no. 1753

(Purpose: To require the Department of Defense to ensure full access to 
mental health care for family members of members of the National Guard 
                 and Reserve who are deployed overseas)

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

     SEC. 557. FULL ACCESS TO MENTAL HEALTH CARE FOR FAMILY 
                   MEMBERS OF MEMBERS OF THE NATIONAL GUARD AND 
                   RESERVE WHO ARE DEPLOYED OVERSEAS.

       (a) Expanded Initiative To Increase Access to Mental Health 
     Care.--
       (1) In general.--The Secretary of Defense shall expand 
     existing Department of Defense initiatives to increase access 
     to mental health care for family members of members of the 
     National Guard and Reserve deployed overseas during the 
     periods of mobilization, deployment, and demobilization of 
     such members of the National Guard and Reserve.
       (2) Elements.--The expanded initiatives, which shall build 
     upon and be consistent with ongoing efforts, shall include 
     the following:
       (A) Programs and activities to educate the family members 
     of members of the National Guard and Reserve who are deployed 
     overseas on potential mental health challenges connected with 
     such deployment.
       (B) Programs and activities to provide such family members 
     with complete information on all mental health resources 
     available to such family members through the Department of 
     Defense and otherwise.
       (C) Guidelines for mental health counselors at military 
     installations in communities with large numbers of mobilized 
     members of the National Guard and Reserve to expand the reach 
     of their counseling activities to include families of such 
     members in such communities.
       (b) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and at such times as the Secretary 
     deems appropriate thereafter, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on this section.
       (2) Elements.--Each report shall include the following:
       (A) A current assessment of the extent to which family 
     members of members of the National Guard and Reserve who are 
     deployed overseas have access to, and are utilizing, mental 
     health care available under this section.
       (B) A current assessment of the quality of mental health 
     care being provided to family members of members of the 
     National Guard and Reserve who are deployed overseas, and an 
     assessment of expanding coverage for mental health care 
     services under the TRICARE program to mental health care 
     services provided at facilities currently outside the 
     accredited network of the TRICARE program.
       (C) Such recommendations for legislative or administration 
     action as the Secretary considers appropriate in order to 
     further assure full access to mental health care by family 
     members of members of the National Guard and Reserve who are 
     deployed overseas during the mobilization, deployment, and 
     demobilization of such members of the National Guard and 
     Reserve.


                           amendment no. 1758

  (Purpose: To require a report on enabling capabilities for Special 
                           Operations forces)

       On page 429 between lines 8 and 9, insert the following:

     SEC. 1073. REPORT ON ENABLING CAPABILITIES FOR SPECIAL 
                   OPERATIONS FORCES.

       (a) Report Required.--Not later than 270 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Special Operations Command, jointly with the 
     commanders of the combatant commands and the chiefs of the 
     services, shall submit to the Secretary of Defense and the 
     Chairman of the Joint Chiefs of Staff a report on the 
     availability of enabling capabilities to support special 
     operations forces requirements.
       (b) Matters to Be Included.--The report required under 
     subsection (a) shall include the following:
       (1) An identification of the requirements for enabling 
     capabilities for conventional forces and special operations 
     forces globally, including current and projected needs in 
     Iraq, Afghanistan, and other theaters of operation.
       (2) A description of the processes used to prioritize and 
     allocate enabling capabilities to meet the mission 
     requirements of conventional forces and special operations 
     forces.
       (3) An identification and description of any shortfalls in 
     enabling capabilities for special operations forces by 
     function, region, and quantity, as determined by the 
     Commander of the United States Special Operations Command and 
     the commanders of the geographic combatant commands.
       (4) An assessment of the current inventory of these 
     enabling capabilities within the military departments and 
     components and the United States Special Operations Command.
       (5) An assessment of whether there is a need to create 
     additional enabling capabilities by function and quantity.
       (6) An assessment of the merits of creating additional 
     enabling units, by type and quantity--
       (A) within the military departments; and
       (B) within the United States Special Operations Command.
       (7) Recommendations for meeting the current and future 
     enabling force requirements of the United States Special 
     Operations Command, including an assessment of the increases 
     in endstrength, equipment, funding, and military construction 
     that would be required to support these recommendations.
       (8) Any other matters the Commander of the United States 
     Special Operations Command, the commanders of the combatant 
     commands, and the chiefs of the services consider useful and 
     relevant.
       (c) Report to Congress.--Not later than 30 days after 
     receiving the report required under subsection (a), the 
     Secretary of Defense shall forward the report to the 
     congressional defense committees with any additional comments 
     the Secretary considers appropriate.


                           amendment no. 1751

 (Purpose: To authorize a study on the suitability and feasibility of 
designating the National D-Day Memorial in Bedford, Virginia, as a unit 
                      of the National Park System)

       At the appropriate place, insert the following:

     SEC. __. NATIONAL D-DAY MEMORIAL STUDY.

       (a) Definitions.--In this section:
       (1) Area.--The term ``Area'' means in the National D-Day 
     Memorial in Bedford, Virginia.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (b) Study.--
       (1) In general.--The Secretary shall conduct a study of the 
     Area to evaluate the national significance of the Area and 
     suitability and feasibility of designating the Area as a unit 
     of the National Park System.
       (2) Criteria.--In conducting the study required by 
     paragraph (1), the Secretary shall use the criteria for the 
     study of areas for potential inclusion in the National Park 
     System in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-
     5(c)).
       (3) Contents.--The study required by paragraph (1) shall--
       (A) determine the suitability and feasibility of 
     designating the Area as a unit of the National Park System;
       (B) include cost estimates for any necessary acquisition, 
     development, operation, and maintenance of the Area; and
       (C) identify alternatives for the management, 
     administration, and protection of the Area.
       (c) Report.--Section 8(c) of Public Law 91-383 (16 U.S.C. 
     1a-5(c)) shall apply to the conduct of the study required by 
     this section,

[[Page 19056]]

     except that the study shall be submitted to the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate not 
     later than 3 years after the date on which funds are first 
     made available for the study.


                           amendment no. 1661

   (Purpose: To include service after September 11, 2001, as service 
   qualifying for the determination of a reduced eligibility age for 
              receipt of non-regular service retired pay)

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

     SEC. 652. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 2001, IN 
                   DETERMINATION OF REDUCED ELIGIBILITY AGE FOR 
                   RECEIPT OF NON-REGULAR SERVICE RETIRED PAY.

       Section 12731(f)(2)(A) of title 10, United States Code, is 
     amended--
       (1) by striking ``the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2008'' and 
     inserting ``September 11, 2001''; and
       (2) by striking ``in any fiscal year after such date'' and 
     inserting ``in any fiscal year after fiscal year 2001''.


                           amendment no. 1653

          (Purpose: To require a report on Taiwan's Air Force)

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

     SEC. 1222. REPORT ON TAIWAN'S AIR FORCE.

       (a) Findings.--Congress makes the following findings:
       (1) According to the Department of Defense's (DoD) 2009 
     Annual Report on Military Power of the People's Republic of 
     China, the military balance in the Taiwan Strait has been 
     shifting in China's favor since 2000, marked by the sustained 
     deployment of advanced military equipment to the Chinese 
     military regions opposite Taiwan.
       (2) Although the DoD's 2002 Report concluded that Taiwan 
     ``has enjoyed dominance of the airspace over the Taiwan 
     Strait for many years,'' the DoD's 2009 Report states this 
     conclusion no longer holds true.
       (3) China has based 490 combat aircraft (330 fighters and 
     160 bombers) within unrefueled operational range of Taiwan, 
     and has the airfield capacity to expand that number by 
     hundreds. In contrast, Taiwan has 390 combat aircraft (all of 
     which are fighters).
       (4) Also according to the DoD's 2009 Report, China has 
     continued its build-up of conventional ballistic missiles 
     since 2000, ``building a nascent capacity for conventional 
     short-range ballistic missile (SRBM) strikes against Taiwan 
     into what has become one of China's primary instruments of 
     coercion.'' At this time, China has expanded its SRBM force 
     opposite Taiwan to seven brigades with a total of 1,050 
     through 1,150 missiles, and is augmenting these forces with 
     conventional medium-range ballistic missiles systems and at 
     least 2 land attack cruise missile variants capable of ground 
     or air launch. Advanced fighters and bombers, combined with 
     enhanced training for nighttime and overwater flights, 
     provide China's People's Liberation Army (PLA) with 
     additional capabilities for regional strike or maritime 
     interdiction operations.
       (5) Furthermore, the Report maintains, ``the security 
     situation in the Taiwan Strait is largely a function of 
     dynamic interactions among Mainland China, Taiwan, and the 
     United States. The PLA has developed and deployed military 
     capability to coerce Taiwan or attempt an invasion if 
     necessary. PLA improvements pose new challenges to Taiwan's 
     security, which has historically been based upon the PLA's 
     inability to project power across the 100 nautical-mile 
     Taiwan Strait, natural geographic advantages of island 
     defense, Taiwan's armed forces' technological superiority, 
     and the possibility of U.S. intervention''.
       (6) The Taiwan Relations Act of 1979 requires that, in 
     furtherance of the principle of maintaining peace and 
     stability in the Western Pacific region, the United States 
     shall make available to Taiwan such defense articles and 
     defense services in such quantity ``as may be necessary to 
     enable Taiwan to maintain a sufficient self-defense 
     capability,'' allowing that ``the President and the Congress 
     shall determine the nature and quantity of such defense 
     articles and services based solely upon their judgment of the 
     needs of Taiwan . . .''.
       (b) Report to Congress on Taiwan's Current Air Force and 
     Future Self-Defense Requirements.--Not later than 90 days 
     after the date of the enactment of this Act, the President 
     shall submit to Congress a report, in both classified and 
     unclassified form, containing the following:
       (1) A thorough and complete assessment of the current state 
     of Taiwan's Air Force, including--
       (A) the number and type of aircraft;
       (B) the age of aircraft; and
       (C) the capability of those aircraft.
       (2) An assessment of the effectiveness of the aircraft in 
     the face of a full-scale concerted missile and air campaign 
     by China, in which China uses its most modern surface-to-air 
     missiles currently deployed along its seacoast.
       (3) An analysis of the specific weapons systems and 
     platforms that Taiwan would need to provide for it's self-
     defense and maintain control of its own air space.
       (4) Options for the United States to assist Taiwan in 
     achieving those capabilities.
       (5) A 5-year plan for fulfilling the obligations of the 
     United States under the Taiwan Relations Act to provide for 
     Taiwan's self-defense and aid Taiwan in maintaining control 
     of its own air space.


                           amendment no. 1811

   (Purpose: To extend and enhance reporting requirements related to 
           United States contributions to the United Nations)

       On page 479, between lines 18 and 19, insert the following:

     SEC. 1222. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 
                   UNITED NATIONS.

       Section 1225 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2424) is amended--
       (1) in subsection (a), by striking ``until December 31, 
     2010, the President shall submit'' and inserting ``(but not 
     later than the first of each May), the Director of the Office 
     of Management and Budget shall submit''; and
       (2) by adding at the end the following:
       ``(c) Public Availability of Information.--The Director of 
     the Office of Management and Budget shall post a public 
     version of each report submitted under subsection (a) on a 
     text-based searchable and publicly available Internet Web 
     site.''.


                    amendment no. 1516, as modified

   (Purpose: To provide certain requirements with respect to public-
                         private competitions)

       On page 77, strike lines 1 through 26 and insert the 
     following:

     SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION OF ANY DEPARTMENT OF DEFENSE 
                   FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO 
                   CONTRACTOR PERFORMANCE.

       (a) Requirement.--Section 2461(a)(1) of title 10, United 
     States Code, is amended--
       (1) by striking ``A function'' and inserting ``No 
     function'';
       (2) by striking ``10 or more''; and
       (3) by striking ``may not be converted'' and inserting 
     ``may be converted''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to a function for which a public-
     private competition is commenced on or after the date of the 
     enactment of this Act.

     SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE 
                   COMPETITIONS.

       (a) Time Limitation.--Section 2461(a) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(5)(A) The duration of a public-private competition 
     conducted pursuant to Office of Management and Budget 
     Circular A-76 or any other provision of law for any function 
     of the Department of Defense performed by Department of 
     Defense civilian employees may not exceed the period 
     specified in paragraph (B), commencing on the date on which 
     funds are obligated for contractor support of the preliminary 
     planning for the public-private competition begins through 
     the date on which a performance decision is rendered with 
     respect to the function.
       ``(B) The period referred to in paragraph (A) is 30 months 
     with respect to a single formation activity and 36 months 
     with respect to a multi-formation activity.
       ``(C) The time period specified in subparagraph (A) for a 
     public-private competition does not include any day during 
     which the public-private competition is delayed by reason of 
     a protest before the Government Accountability Office or the 
     United States Court of Federal Claims.
       ``(D) In this paragraph, the term `preliminary planning' 
     with respect to a public-private competition means any action 
     taken to carry out any of the following activities:
       ``(i) Determining the scope of the competition.
       ``(ii) Conducting research to determine the appropriate 
     grouping of functions for the competition.
       ``(iii) Assessing the availability of workload data, 
     quantifiable outputs of functions, and agency or industry 
     performance standards applicable to the competition.
       ``(iv) Determining the baseline cost of any function for 
     which the competition is conducted.''.
       (b) Effective Date.--Paragraph (5) of section 2461(a) of 
     title 10, United States Code, as added by subsection (a), 
     shall apply with respect to a public-private competition 
     covered by such section that is being conducted on or after 
     the date of the enactment of this Act.

     SEC. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS 
                   FOR CONVERSION OF DEPARTMENT OF DEFENSE 
                   FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

       (a) Termination of Certain Studies.--Any Department of 
     Defense public-private competition that exceeds the time 
     limits established in Sec. 2461(a) shall be reviewed by the 
     Secretary of Defense and considered for termination. If the 
     Secretary of Defense does not terminate the competition, he 
     shall report to Congress on the reasons for his decision.

[[Page 19057]]




                           AMENDMENT NO. 1812

       On page 483, between lines 8 and 9, insert the following:

     SEC. 1232. REPORT ON FEASIBILITY AND DESIRABILITY OF 
                   ESTABLISHING GENERAL UNIFORM PROCEDURES AND 
                   GUIDELINES FOR THE PROVISION OF MONETARY 
                   ASSISTANCE BY THE UNITED STATES TO CIVILIAN 
                   FOREIGN NATIONALS FOR LOSSES INCIDENT TO COMBAT 
                   ACTIVITIES OF THE ARMED FORCES.

       (a) Report.--The Secretary of Defense shall submit to 
     Congress a report on the feasibility and the desirability of 
     establishing general uniform procedures and guidelines for 
     the provision by the United States of monetary assistance to 
     civilian foreign nationals for losses, injuries, or death 
     (hereafter ``harm'') incident to combat activities of the 
     United States Armed Forces during contingency operations.
       (b) Matters To Be Included in Report.--The Secretary shall 
     include in the report the following:
       (1) A description of the authorities under laws in effect 
     as of the date of the enactment of this Act for the United 
     States to provide compensation, monetary payments, or other 
     assistance to civilians who incur harm due directly or 
     indirectly to the combat activities of the United States 
     Armed Forces.
       (2) A description of the practices in effect as of the date 
     of enactment of this Act for the United States to provide ex 
     gratia, solatia, or other types of condolence payments to 
     civilians who incur harm due directly or indirectly to the 
     combat activities of the United States Armed Forces.
       (3) A discussion of the historic practice of the United 
     States to provide compensation, other monetary payments, or 
     other assistance to civilian foreign nationals who incur harm 
     due directly or indirectly to combat activities of the United 
     States Armed Forces.
       (4) A discussion of the practice of the United States in 
     Operation Enduring Freedom and Operation Iraqi Freedom to 
     provide compensation, other monetary payments, or other 
     assistance to civilian foreign nationals who incur harm due 
     directly or indirectly to the combat activities of the United 
     States Armed Forces, including the procedures and guidelines 
     used and an assessment of its effectiveness. This discussion 
     will also include estimates of the total amount of funds 
     disbursed to civilian foreign nationals who have incurred 
     harm since the inception of Operation Iraqi Freedom and 
     Operation Enduring Freedom. This discussion will also include 
     how such procedures and guidelines compare to the processing 
     of claims filed under the Foreign Claims Act.
       (5) A discussion of the positive and negative effects of 
     using different authorities, procedure, and guidelines to 
     provide monetary assistance to civilian foreign nationals, 
     based upon the culture and economic circumstances of the 
     local populace and the operational impact on the military 
     mission. This discussion will also include whether the use of 
     different authorities, procedures, and guidelines has 
     resulted in disparate monetary assistance to civilian foreign 
     nationals who have incurred substantially similar harm, and 
     if so, the frequency and effect of such results.
       (6) A discussion of the positive and negative effects of 
     establishing general uniform procedures and guidelines for 
     the provision of such assistance, based upon the goals of 
     timely commencement of a program of monetary assistance, 
     efficient and effective implementation of such program, and 
     consistency in the amount of assistance in relation to the 
     harm incurred. This discussion will also include whether the 
     implementation of general procedures and guidelines would 
     create a legally enforceable entitlement to ``compensation'' 
     and, if so, any potential significant operational impact 
     arising from such an entitlement.
       (7) Assuming general uniform procedures and guidelines were 
     to be established, a discussion of the following:
       (A) Whether such assistance should be limited to specified 
     types of combat activities or operations, e.g., such as 
     during counterinsurgency operations.
       (B) Whether such assistance should be contingent upon a 
     formal determination that a particular combat activity/
     operation is a qualifying activity, and the criteria, if any, 
     for such a determination.
       (C) Whether a time limit from the date of loss for 
     providing such assistance should be prescribed.
       (D) Whether only monetary or other types of assistance 
     should be authorized, and what types of nonmonetary 
     assistance, if any, should be authorized.
       (E) Whether monetary value limits should be placed on the 
     assistance that may be provided, or whether the determination 
     to provide assistance and, if so, the monetary value of such 
     assistance, should be based, in whole or in part, on a legal 
     advisor's assessment of the facts.
       (G) Whether a written record of the determination to 
     provide or to not provide such assistance should be 
     maintained and a copy made available to the civilian foreign 
     national.
       (H) Whether in the event of a determination to not provide 
     such assistance the civilian foreign national should be 
     afforded the option of a review of the determination by a 
     higher ranking authority.
       (c) Recommendations.--The Secretary shall include in the 
     report such recommendations as the Secretary considers 
     appropriate for legislative or administrative action with 
     respect to the matters discussed in the report.
       (d) Submission of Report.--The report shall be submitted 
     not later than 180 days after the date of the enactment of 
     this Act. The report shall be submitted in unclassified form, 
     but may include a classified annex.


                           amendment no. 1658

 (Purpose: To require the Comptroller General of the United States to 
report to Congress on financial assistance for child care available to 
    deployed members of the reserve components of the Armed Forces)

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

     SEC. 557. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE 
                   FOR DEPLOYED MEMBERS OF THE RESERVE COMPONENTS 
                   OF THE ARMED FORCES.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representative a 
     report on financial assistance for child care provided by the 
     Department of Defense, including through the Operation: 
     Military Child Care and Military Child Care in Your 
     Neighborhood programs, to members of the reserve components 
     of the Armed Forces who are deployed in connection with a 
     contingency operation.
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of the following:
       (1) The types of financial assistance for child care made 
     available by the Department of Defense to members of the 
     reserve components of the Armed Forces who are deployed in 
     connection with a contingency operation.
       (2) The extent to which such members have taken advantage 
     of such assistance since such assistance was first made 
     available.
       (3) The formulas used for calculating the amount of such 
     assistance provided to such members.
       (4) The funding allocated to such assistance.
       (5) The remaining costs of child care to families of such 
     members that are not covered by the Department of Defense.
       (6) Any barriers to access to such assistance faced by such 
     members and the families of such members.
       (7) The different criteria used by different States with 
     respect to the regulation of child care services and the 
     potential impact differences in such criteria may have on the 
     access of such members to such assistance.
       (8) The different standards and criteria used by different 
     programs of the Department of Defense for providing such 
     assistance with respect to child care providers and the 
     potential impact differences in such standards and criteria 
     may have on the access of such members to such assistance.
       (9) Any other matters the Comptroller General determines 
     relevant to the improvement of financial assistance for child 
     care made available by the Department of Defense to members 
     of the reserve components of the Armed Forces who are 
     deployed in connection with a contingency operation.


                    amendment no. 1796, as modified

   (Purpose: To modify the provision requiring a report on potential 
foreign military sales of the F-22A fighter aircraft to have the report 
    developed by a federally funded research and development center)

       In section 123, insert:
       Additional Report Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall provide for a federally funded research and 
     development center which will submit to the congressional 
     defense committees, the Committee on Foreign Relations of the 
     Senate, and the Committee on Foreign Affairs of the House of 
     Representatives, through the Secretary of Defense, a report 
     on potential foreign military sales of the F-22A fighter 
     aircraft, addressing the same elements as in subsection (b) 
     of this section.


                    amendment no. 1533, as modified

    (Purpose: To clarify that the definition of unprivileged enemy 
               belligerent includes members of al Qaeda)

       On page 323, beginning on line 19, strike ``or'' and all 
     that follows through line 22, and insert the following:
       ``(B) has purposefully and materially supported hostilities 
     against the United States or its coalition partners; or
       ``(C) is a member of al Qaeda''.

                          ____________________