Tuesday, November 26, 2024

“TEXT OF AMENDMENTS” published by Congressional Record on Sept. 12, 2008

Volume 154, No. 145 covering the 2nd Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S8499-S8501 on Sept. 12, 2008.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

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

At the appropriate place, insert the following:

SEC. __. PROTECTION OF NATIONAL SECURITY INTERESTS FROM OIL

AND GAS LEASING IN CERTAIN AREAS.

(a) Areas.--This section applies to--

(1) any area in the Gulf of Mexico that is east of the Military Mission Line (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432));

(2) the area that is also known as the ``Joint Gulf Range Complex'' or the ``Gulf of Mexico Range''; and

(3) any military or national security agency operations, training, or testing area that is used by a military or national security agency of the United States

(b) Prerequisite.--Notwithstanding any other provision of law, the Secretary of the Interior shall not issue any permit for oil and gas leasing or extraction in an area described in subsection (a) unless and until the President certifies

(based on written opinions provided by each of the Secretary of Defense, the Secretary of the Navy, the Secretary of the Air Force, and the head of each appropriate national security agency of the United States) that in balancing the national security interests of the United States--

(1) the advantages of oil or gas extraction in the area; outweigh

(2) the military and national security missions being conducted in the area.

(c) Opinions.--Each written opinion required for an area under subsection (b) shall--

(1) be submitted to the national security committees of Congress in unclassified form, with a classified annex (if applicable); and

(2) evaluate the effects of oil or gas extraction on military and national security agency operations, training, or testing in the area.

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SA 5499. Mr. WEBB submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1222. SENSE OF CONGRESS ON EXTENSION OF THE MANDATE OF

MULTI-NATIONAL FORCE IN IRAQ AFTER EXPIRATION

OF ITS CURRENT UNITED NATIONS MANDATE.

(a) Sense of Congress.--It is the sense of Congress that--

(1) the United States Special Representative to the United Nations should use the voice, vote, and influence of the United States at the United Nations to seek an extension of the mandate of the Multi-National Force in Iraq under United National Security Council Resolution 1790 (2007) in order to provide United States and Coalition forces within the Multi-National Force in Iraq with the authorities, privileges, and immunities necessary for such forces to carry out their mission in Iraq after December 31, 2008;

(2) the extension under paragraph (1) should expire upon the earlier of--

(A) a period of one year; or

(B) the entry into force of a strategic framework agreement and a status of forces agreement between the United States and Iraq as mutually agreed upon by the Government of the United States and the Government of Iraq;

(3) the strategic framework agreement now being negotiated between the United States and Iraq poses significant long-term national security implications for the United States;

(4) the Bush Administration having fully agreed to consult with Congress regarding all details of the strategic framework agreement and status of forces agreement between the United States and Iraq, copies of the full texts of each such agreement should be provided to the Chairman and Ranking Minority Member of the appropriate committees of Congress before entry into such agreement; and

(5) any strategic framework agreement mutually agreed upon by the Government of the United States and the Government of Iraq should cease to have effect unless approved by Congress within 180 days of the entry into force of such agreement.

(b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committees on Armed Services and Foreign Relations of the Senate; and

(2) the Committees on Armed Services and International Relations of the House of Representatives.

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SA 5500. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 344. ALTERNATIVE AVIATION FUEL INITIATIVE.

(a) Findings.--Congress makes the following findings:

(1) Dependence on foreign sources of oil is detrimental to the national security of the United States due to possible disruptions in supply.

(2) The Department of Defense is the largest single consumer of fuel in the United States.

(3) The United States Air Force is the largest consumer of fuel in the Department of Defense.

(4) The skyrocketing price of fuel is having a significant budgetary impact on the Department of Defense.

(5) The United States Air Force uses about 2,600,000,000 gallons of jet fuel a year, or 10 percent of the entire domestic market in aviation fuel.

(6) The Air Force has developed an energy program (in this section referred to as the ``Air Force Energy Program'') to certify the entire Air Force aircraft fleet for operations on a 50/50 synthetic fuel blend by not later than June 30, 2011, and to acquire 50 percent of its domestic aviation fuel requirement from a synthetic fuel blend, at prices equal to or less than market prices for petroleum-based alternatives, that exhibits a more favorable environmental footprint across all major contaminates of concern, by not later than December 31, 2016.

(7) The Air Force Energy Program will provide options to reduce the use of foreign oil, by focusing on expanding alternative energy options that provide favorable environmental attributes as compared to currently-available options.

(b) Continuation of Initiatives.--

(1) In general.--The Secretary of the Air Force shall continue the alternative aviation fuel initiatives of the Air Force with a goal of--

(A) certifying the entire Air Force aircraft fleet for operations on alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) by not later than June 30, 2011;

(B) acquiring 50 percent of its domestic aviation fuel requirement from alternative or synthetic fuels (including blends of alternative or synthetic fuels with conventional fuels) by not later than December 31, 2016, provided that--

(i) the lifecycle greenhouse gas emissions associated with the production and combustion of such fuel shall be lower than such emissions from conventional fuels that are used in the same application, as determined in accordance with guidance by the Department of Energy and the Environmental Protection Agency ; and

(ii) prices for such fuels are equal to or less than market prices for petroleum-based alternatives that are used for the same functions;

(C) taking actions in collaboration with the commercial aviation industry and equipment manufacturers to spur the development of a domestic alternative aviation fuel industry; and

(D) taking actions in collaboration with other Federal agencies, the commercial sector, and academia to solicit for and test the next generation of environmentally-friendly alternative aviation fuels.

(2) Adjustment of goal.--The Secretary of the Air Force may adjust the goal of acquiring 50 percent of Air Force domestic fuel requirements from alternative or synthetic fuels by not later than December 31, 2016, if the Secretary determines in writing that it would not be practicable, or in the best interests of the Air Force, to do so and informs the congressional defense committees within 30 days of the basis for such determination.

(3) Annual report.--Not later than 180 days after the date of the enactment of this Act and annually thereafter in each of fiscal years 2010 through 2016, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to Congress a report on the progress of the alternative aviation fuel initiative program, including--

(A) the status of aircraft fleet certification, until complete;

(B) the quantities of alternative or synthetic fuels

(including blends of alternative or synthetic fuels with conventional fuels) purchased for use by the Air Force in the fiscal year ending in such year;

(C) progress made against published goals for such fiscal year;

(D) the status of recovery plans to achieve any goals set for previous years that were not achieved; and

(E) the establishment or adjustment of goals and objectives for the current fiscal year or for future years.

(c) Annual Report for Army and Navy.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter in each of fiscal years 2010 through 2016, the Secretary of the Army and the Secretary of the Navy shall each submit to Congress a report on goals and progress to research, test, and certify the use of alternative fuels in their respective aircraft fleets.

(d) Defense Science Board Review.--

(1) Report required.--Not later than October 1, 2011, the Defense Science Board shall report to the Secretary of Defense on the feasibility and advisability of achieving the goals established in subsection (b)(1). The report shall address--

(A) the technological and economic achievability of the goals;

(B) the impact of actions required to meet such goals on the military readiness of the Air Force, energy costs, environmental performance, and dependence on foreign oil; and

(C) any recommendations the Defense Science Board may have for improving the Air Force program.

(2) Submission to congress.--Not later than 30 days after receiving the report required by under paragraph (1), the Secretary of Defense shall forward the report to Congress, together with the comments and recommendations of the Secretary.

______

SA 5501. Ms. SNOWE (for herself and Mr. Stevens) submitted an amendment intended to be proposed by her to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1083. SMALL BUSINESS PROGRAMS FOR SERVICE-DISABLED

VETERANS.

(a) Definitions.--In this section--

(1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; and

(2) the term ``small business concern owned and controlled by service-disabled veterans'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632), as amended by this section.

(b) Certification.--

(1) Congressional intent.--It is the intent of Congress that the Administrator should accept certifications by the Department of Veterans Affairs, under such criteria as the Administrator may prescribe, by regulation or order, in certifying small business concerns owned and controlled by service-disabled veterans

(2) Regulations.--Before implementing paragraph (1), the Administrator shall promulgate regulations or orders ensuring appropriate certification safeguards to be implemented by the Administration and the Department of Veterans Affairs.

(3) Registration portal.--The Administrator and the Secretary of Veterans Affairs shall ensure that small business concerns owned and controlled by service-disabled veterans may apply to participate in all programs for such small business concerns carried out by the Administrator or the Secretary through a single process.

(c) Transition Period for Surviving Spouses or Permanent Care Givers.--Section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)) is amended by striking subparagraph (B) and inserting the following:

``(B) the management and daily business operations of which are controlled--

``(i) by 1 or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent care giver of such veteran; or

``(ii) for a period of not longer than 10 years after the death of a service-disabled veteran, by a surviving spouse or permanent caregiver thereof.''.

(d) Mentor-Protege Program.--The Administrator may establish a mentor-protege program for small business concerns owned and controlled by service-disabled veterans, modeled on the mentor-protege program of the Administration for small businesses participating in programs under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(e) Improving Opportunities for Service Disabled Veterans.--Section 36(a) of the Small Business Act (15 U.S.C. 657f(a)) is amended--

(1) in the matter preceding paragraph (1), by striking

``may'' and inserting ``shall''; and

(2) in paragraph (1), by striking ``and the contracting officer'' and all that follows through ``contracting opportunity''.

______

SA 5502. Mr. NELSON of Nebraska (for himself and Mr. Levin) submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 652. AUTHORIZATION FOR PAYMENT OF HAZARDOUS DUTY PAY FOR

ARDUOUS PERSONNEL TEMPOS AND OTHER FACTORS.

Section 305(a) of title 37, United States Code, is amended--

(1) by inserting ``(1)'' after ``(a) Special Pay Authorized.--''; and

(2) by adding at the end the following new paragraph:

``(2) In designating duty as hardship duty for purposes of this section, the Secretary of Defense shall take into account the following:

``(A) Quality-of-life and living conditions in the area of a member's assignment.

``(B) The mission a member is performing.

``(C) Whether the tempo of operations under which a member is performing the duty exceeds the thresholds established in section 991 of title 10.

``(D) Whether the time a member has served on deployment during the course of the member's career in specified locations or operations (such as combat zones or combat operations), missions, or assignments exceeds a period specified by the Secretary of Defense.

``(E) Such other factors as the Secretary of Defense considers appropriate.''.

______

SA 5503. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1068. PILOT PROGRAM ON TRAINING AND CERTIFICATION FOR

FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR

VETERANS AND MEMBERS OF THE ARMED FORCES WITH

TRAUMATIC BRAIN INJURY.

(a) Pilot Programs Authorized.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, carry out a pilot program to assess the feasibility and advisability of providing training and certification for family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members.

(b) Duration of Program.--The pilot program required by subsection (a) shall be carried out during the three-year period beginning on the date of the commencement of the pilot program.

(c) Locations.--The pilot program under this section shall be carried out in three medical facilities of the Department of Veterans Affairs. In selecting the locations of the pilot program, the Secretary shall give special emphasis to the polytrauma centers of the Department of Veterans Affairs designated as Tier I polytrauma centers.

(d) Training Curricula.--

(1) In general.--The Secretary of Veterans Affairs shall develop curricula for the training of personal care attendants under the pilot program under this section. Such curricula shall incorporate--

(A) applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations; and

(B) best practices recognized by caregiving organizations.

(2) Use of existing curricula.--In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308).

(e) Participation in Programs.--

(1) In general.--The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the pilot program under this section.

(2) Basis for determination.--A determination made under paragraph (1) shall be based on the needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member.

(f) Eligibility for Compensation.--A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under the pilot program under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member.

(g) Costs of Training.--

(1) Training of families of veterans.--Any costs of training provided under the pilot program under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs.

(2) Training of families of members of the armed forces.--The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the pilot program for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program.

(h) Assessment of Family Caregiver Needs.--

(1) In general.--The Secretary of Veterans Affairs may provide to a family caregiver who receives training under a pilot program under this section--

(A) an assessment of their needs with respect to their role as a family caregiver; and

(B) a referral to services and support that--

(i) are relevant to any needs identified in such assessment; and

(ii) are provided in the community where the family caregiver resides, including such services and support provided by community-based organizations, publicly-funded programs, and the Department of Veterans Affairs.

(2) Use of existing tools.--In developing and administering an assessment under paragraph (1), the Secretary shall, to the extent practicable, use and expand upon caregiver assessment tools already developed and in use by the Department.

(i) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the pilot program carried out under this section, including the recommendations of the Secretary with respect to expansion or modification of the pilot program.

(j) Construction.--Nothing in this section shall be construed--

(1) to establish a mandate or right for a family caregiver to be trained and certified under this section; and

(2) to prohibit the Secretary from considering or adopting the preference of a veteran or member of the Armed Forces for services provided by a personal care attendant who is not a family caregiver.

(k) Family Caregiver Defined.--In this section, with respect to member of the Armed Forces or a veteran with traumatic brain injury, the term ``family caregiver'' means a family member of such member or veteran, or such other individual of similar affinity to such member or veteran as the Secretary proscribes, who is providing care to such member or veteran for such traumatic brain injury.

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SOURCE: Congressional Record Vol. 154, No. 145