S.Amdt. 1653Senate111th Congress (2009-2011)
To require a report on Taiwan's Air Force.
Sponsored by 
Sen. John Cornyn (R-TX)
Sen. John Cornyn (R-TX)Submitted July 21, 2009
Text
Proposed
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
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 bill, as amended, will be printed in a future edition of the
Record.)
The PRESIDING OFFICER. Under the previous order, the Senate insists
on its amendments 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.
Thanking Staff
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
[[Page S8025]]
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 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,
[[Page S8026]]
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:
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.
(C) The State or territory in which the briefing occurred.
(D) The subject of the briefing.
[[Page S8027]]
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, 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.
[[Page S8028]]
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 . . .
months with respect to a single formation activity and 30
months with respect to a multi-formation activity.
=========================== NOTE ===========================
On page S8028, July 23, 2009, the Record reads ``(B) The period
referred to in paragraph (A) is . . . months with respect to a
single . . .
The online Record has been corrected to read: ``(B) The period
referred to in paragraph (A) is 30 months with respect to a single
. . .
========================= END NOTE =========================
``(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.
=========================== NOTE ===========================
On page S8028, July 23, 2009, the Record reads: . . . he shall
report to Congress * * * *
The online Record has been corrected to read: . . . he shall
report to Congress on the reasons for his decision.
========================= END NOTE =========================
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.
[[Page S8029]]
(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''.
____________________Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment agreed to: Amendment SA 1653 agreed to in Senate by Unanimous Consent.
July 23, 2009
View full timeline
Floor
Senate amendment agreed to: Amendment SA 1653 agreed to in Senate by Unanimous Consent.
July 23, 2009
Floor
Senate amendment proposed (on the floor): Amendment SA 1653 proposed by Senator McCain for Senator Cornyn.(consideration: CR S8025-8029; text: CR S8028)
July 23, 2009
Floor
Amendment SA 1653 proposed by Senator McCain for Senator Cornyn. (consideration: CR S8025-8029; text: CR S8028) To require a report on Taiwan's Air Force.
July 23, 2009
Floor
Amendment SA 1653 agreed to in Senate by Unanimous Consent.
July 23, 2009
Floor
Senate amendment submitted
July 21, 2009