[Congressional Record Volume 155, Number 104 (Monday, July 13, 2009)]
[Senate]
[Pages S7415-S7425]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1469. Mr. LEVIN (for himself and Mr. McCain) proposed an amendment 
to the bill S. 1390, to authorize appropriations for fiscal year 2010 
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; as follows:

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

     SEC. 106. ELIMINATION OF F-22A AIRCRAFT PROCUREMENT FUNDING.

       (a) Elimination of Funding.--The amount authorized to be 
     appropriated by section 103(1) for procurement for the Air 
     Force for aircraft procurement is hereby decreased by 
     $1,750,000,000, with the amount of the decrease to be derived 
     from amounts available for F-22A aircraft procurement.
       (b) Restored Funding.--
       (1) Operation and maintenance, army.--The amount authorized 
     to be appropriated by section 301(1) for operation and 
     maintenance for the Army is hereby increased by $350,000,000.
       (2) Operation and maintenance, navy.--The amount authorized 
     to be appropriated by section 301(2) for operation and 
     maintenance for the Navy is hereby increased by $100,000,000.
       (3) Operation and maintenance, air force.--The amount 
     authorized to be appropriated by section 301(4) for operation 
     and maintenance for the Air Force is hereby increased by 
     $250,000,000.
       (4) Operation and maintenance, defense-wide.--The amount 
     authorized to be appropriated by section 301(5) for operation 
     and maintenance for Defense-wide activities is hereby 
     increased by $150,000,000.
       (5) Military personnel.--The amount authorized to be 
     appropriated by section 421(a)(1) for military personnel is 
     hereby increased by $400,000,000.
       (6) Division a and division b generally.--In addition to 
     the amounts specified in paragraphs (1) through (5), the 
     total amount authorized to be appropriated for the Department 
     of Defense by divisions A and B is hereby increased by 
     $500,000,000.
                                 ______
                                 
  SA 1470. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 37, between lines 7 and 8, insert the following:

     SEC. 125. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN C-130E 
                   AIRCRAFT.

       Section 134 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 31) is 
     amended--
       (1) in subsection (b), by striking ``specified in 
     subsection (d)'' and inserting ``specified in subsection 
     (c)'';
       (2) by striking subsection (c); and
       (3) by redesignating subsection (d) as subsection (c).
                                 ______
                                 
  SA 1471. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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. __. RELEASE OF REVERSIONARY INTEREST.

       The United States releases to the State of Arkansas the 
     reversionary interest described in sections 2 and 3 of the 
     Act entitled ``An Act authorizing the transfer of part of 
     Camp Joseph T. Robinson to the State of Arkansas'', approved 
     June 30, 1950 (64 Stat. 311, chapter 429), in and to the 
     surface estate of the land constituting Camp Joseph T. 
     Robinson, Arkansas, which is comprised of 40.515 acres of 
     land to be acquired by the United States of America and 
     40.513 acres to be acquired by the City of North Little Rock, 
     Arkansas, and lies in sections 6, 8, and 9 of township 2 
     North, Range 12 West, Pulaski County, Arkansas.
                                 ______
                                 
  SA 1472. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 D of title II, add the following:

     SEC. 252. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE 
                   NANOTECHNOLOGY RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       Section 246 of the Bob Stump National Defense Authorization 
     Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2358 
     note) is amended by striking subsection (e) and inserting the 
     following new subsection (e):
       ``(e) Reports.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall submit to the 
     National Science and Technology Council information on the 
     program that covers the information described in paragraphs 
     (1) through (5) of section 2(d) of the 21st Century 
     Nanotechnology Research and Development Act (15 U.S.C. 
     7501(d)) to be included in the annual report submitted by the 
     Council under that section.''.
                                 ______
                                 
  SA 1473. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 590, lines 7 through 9, strike ``for the National 
     Nuclear Security Administration or for defense environmental 
     cleanup''.
                                 ______
                                 
  SA 1474. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 I, add the following:

     SEC. 125. AC-130 GUNSHIPS.

       (a) Report on Reduction in Service Life in Connection With 
     Accelerated Deployment.--Not later than December 31, 2009, 
     the Secretary of the Air Force shall submit to the 
     congressional defense committees an assessment of the 
     reduction in the service life of AC-130 gunships of the Air 
     Force as a result of the accelerated deployments of such 
     gunships that are anticipated during the seven- to ten-year 
     period beginning with the date of the enactment of this Act, 
     assuming that operating tempo continues at a rate per year of 
     the average of their operating rate for the last five years.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate by series of the maintenance costs for the 
     AC-130 gunships during the period described in subsection 
     (a), including any major airframe and engine overhauls of 
     such aircraft anticipated during that period.
       (2) A description by series of the age, serviceability, and 
     capabilities of the armament systems of the AC-130 gunships.
       (3) An estimate by series of the costs of modernizing the 
     armament systems of the AC-130 gunships to achieve any 
     necessary capability improvements.
       (4) A description by series of the age and capabilities of 
     the electronic warfare systems of the AC-130 gunships, and an 
     estimate of the cost of upgrading such systems during that 
     period to achieve any necessary capability improvements.
       (5) A description by series of the age of the avionics 
     systems of the AC-130 gunships, and an estimate of the cost 
     of upgrading such systems during that period to achieve any 
     necessary capability improvements.
       (6) An estimate of the costs of replacing the AC-130 
     gunships with AC-130J gunships, including--

[[Page S7416]]

       (A) a description of the time required for the replacement 
     of every AC-130 gunship with an AC-130J gunship; and
       (B) a comparative analysis of the costs of operation of AC-
     130 gunships by series, including costs of operation, 
     maintenance, and personnel, with the anticipated costs of 
     operation of AC-130J gunships.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1475. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 VII, add the following:

     SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR TROOPS SERVING 
                   IN IRAQ AND AFGHANISTAN.

       (a) Report.--
       (1) In general.--Not later than June 30, 2010, and annually 
     thereafter until June 30, 2015, the Secretary of Defense 
     shall submit to Congress a report on the prescription of 
     antidepressants and drugs to treat anxiety for troops serving 
     in Iraq and Afghanistan.
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) the numbers and percentages of troops that have served 
     or are serving in Iraq and Afghanistan since January 1, 2005, 
     who have been prescribed antidepressants or drugs to treat 
     anxiety, including psychotropic drugs such as Selective 
     Serotonin Reuptake Inhibitors (SSRIs); and
       (B) the policies and patient management practices of the 
     Department of Defense with respect to the prescription of 
     such drugs.
       (b) National Institute of Mental Health Study.--
       (1) Study.--The National Institute of Mental Health shall 
     conduct a study on the potential relationship between the 
     increased number of suicides and attempted suicides by 
     members of the Armed Forces and the increased number of 
     antidepressants, drugs to treat anxiety, other psychotropics, 
     and other behavior modifying prescription medications being 
     prescribed, including any combination or interactions of such 
     prescriptions. The Department of Defense shall immediately 
     make available to the National Institute of Mental Health all 
     data necessary to complete the study.
       (2) Report on findings.--Not later than two years after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the findings of the 
     study conducted pursuant to paragraph (1).
                                 ______
                                 
  SA 1476. Mr. REID (for himself, Mr. Crapo, Mr. Merkley, and Mr. 
Ensign) submitted an amendment intended to be proposed by him to the 
bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXIII, add the following:

     SEC. 23__. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING 
                   UNITS.

       (a) Definitions.--In this section:
       (1) Executive director.--The term ``Executive Director'' 
     means the Executive Director of Walking Shield, Inc.
       (2) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe included on the list published by the Secretary 
     of the Interior under section 104 of the Federally Recognized 
     Indian Tribe List Act of 1994 (25 U.S.C.479a-1).
       (b) Requests for Conveyance.--
       (1) In general.--The Executive Director may submit to the 
     Secretary of the Air Force, on behalf of any Indian tribe 
     located in the State of Idaho, Nevada, North Dakota, Oregon, 
     South Dakota, Montana, or Minnesota, a request for conveyance 
     of any relocatable military housing unit located at Grand 
     Forks Air Force Base, Minot Air Force Base, Malmstrom Air 
     Force Base, Ellsworth Air Force Base, or Mountain Home Air 
     Force Base.
       (2) Conflicts.--The Executive Director shall resolve any 
     conflict among requests of Indian tribes for housing units 
     described in paragraph (1) before submitting a request to the 
     Secretary of the Air Force under this subsection.
       (c) Conveyance by Secretary.--Notwithstanding any other 
     provision of law, on receipt of a request under subsection 
     (c)(1), the Secretary of the Air Force may convey to the 
     Indian tribe that is the subject of the request, at no cost 
     to the Air Force and without consideration, any relocatable 
     military housing unit described in subsection (c)(1) that, as 
     determined by the Secretary, is in excess of the needs of the 
     military.
                                 ______
                                 
  SA 1477. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 D of title VI, add the following:

     SEC. ___. MODIFICATION OF OFFSET AGAINST COMBAT-RELATED 
                   SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 
                   RETIREES.

       Section 1413a(b)(3) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``shall be reduced'' 
     and all that follows through ``exceeds'' and inserting ``may 
     not, when combined with the amount of retirement pay payable 
     to the retiree after any reduction under sections 5304 and 
     5305 of title 38, cause the total of such combination to 
     exceed''; and
       (2) in subparagraph (B), by striking ``shall be reduced'' 
     and all that follows through ``exceeds'' and inserting ``may 
     not, when combined with the amount of retirement pay payable 
     to the retiree after any reduction under sections 5304 and 
     5305 of title 38, cause the total of such combination to 
     exceed''.
                                 ______
                                 
  SA 1478. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 D of title VI, add the following:

     SEC. 652. PHASED EXPANSION OF ELIGIBILITY FOR CONCURRENT 
                   RECEIPT OF RETIRED PAY AND VETERANS' DISABILITY 
                   COMPENSATION.

       (a) Phased Expansion.--Subsection (a) of section 1414 of 
     title 10, United States Code, is amended to read as follows:
       ``(a) Payment of Both Retired Pay and Compensation.--
       ``(1) Payment of both required.--
       ``(A) In general.--Subject to subsection (b), a member or 
     former member of the uniformed services who is entitled for 
     any month to retired pay and who is also entitled for that 
     month to veterans' disability compensation for a qualifying 
     service-connected disability (in this section referred to as 
     a `qualified retiree') is entitled to be paid both for that 
     month without regard to sections 5304 and 5305 of title 38.
       ``(B) General applicability of phase-in of full concurrent 
     receipt.--During the period beginning on January 1, 2004, and 
     ending on December 31, 2013, payment of retired pay to a 
     qualified retiree under this subsection is subject to 
     subsection (c).
       ``(C) Exception from phase-in for 100 percent disabled 
     retirees.--Payment of retired pay under this subsection is 
     subject to subsection (c) only during the period beginning on 
     January 1, 2004, and ending on December 31, 2004, in the case 
     of the following:
       ``(i) A qualified retiree receiving veterans' disability 
     compensation for a disability rated as 100 percent.
       ``(ii) A qualified retiree receiving veterans' disability 
     compensation at the rate payable for a 100 percent disability 
     by reason of a determination of individual unemployability.
       ``(D) Exception from phase-in for certain chapter 61 
     retirees.--Subject to subsection (b), on or after January 1, 
     2010, payment of retired pay under this subsection is not 
     subject to subsection (c) in the case of a qualified retiree 
     described in subparagraph (B) or (C) of paragraph (2).
       ``(2) Qualifying service-connected disability.--In this 
     section, the term `qualifying service-connected disability' 
     means the following:
       ``(A) In the case of a member or former member receiving 
     retired pay under any provision of law other than chapter 61 
     of this title, or under chapter 61 with 20 years or more of 
     service otherwise creditable under section 1405 or computed 
     under section 12732 of this title, a service-connected 
     disability or combination of service-connected disabilities 
     that is rated as not less than 50 percent disabling by the 
     Secretary of Veterans Affairs.
       ``(B) In the case of a member or former member receiving 
     retired pay under chapter 61 of this title with less than 20 
     years of service otherwise creditable under section 1405 or 
     computed under section 12732 of this title, a service-
     connected disability or combination of service-connected 
     disabilities that is rated by the Secretary of Veterans 
     Affairs at the disabling level specified in one of the 
     following clauses (and is effective on or after the date 
     specified in the applicable clause):
       ``(i) January 1, 2010, rated 100 percent, or a rate payable 
     at 100 percent by reason of individual unemployability or 
     rated 90 percent.
       ``(ii) January 1, 2011, rated 80 percent or 70 percent.
       ``(iii) January 1, 2012, rated 60 percent or 50 percent.
       ``(C) In the case of a member or former member receiving 
     retired pay under chapter 61 regardless of years of service, 
     a service-connected disability or combination of service-
     connected disabilities that is rated by

[[Page S7417]]

     the Secretary of Veterans Affairs at the disabling level 
     specified in one of the following clauses (and is effective 
     on or after the date specified in the applicable clause):
       ``(i) January 1, 2013, rated 40 percent or 30 percent.
       ``(ii) January 1, 2014, any rating.''.
       (b) Conforming Special Rule Modification.--Subsection (b) 
     of such section is amended to read as follows:
       ``(b) Special Rules for Chapter 61 Disability Retirees.--
       ``(1) General rule.--The retired pay of a member retired 
     under chapter 61 of this title is subject to reduction under 
     sections 5304 and 5305 of title 38, but only to the extent 
     that the amount of the member's retired pay under chapter 61 
     of this title exceeds the amount of retired pay to which the 
     member would have been entitled under any other provision of 
     law based upon the member's service in the uniformed services 
     if the member had not been retired under chapter 61 of this 
     title.
       ``(2) Special rule for retirees with less than 20 years of 
     service.--The retired pay of a member retired under chapter 
     61 of this title with less than 20 years of creditable 
     service otherwise creditable under section 1405 or computed 
     under section 12732 of this title, is subject to reduction 
     under sections 5304 and 5305 of title 38, but only to the 
     extent that the amount of the member's retired pay under 
     chapter 61 of this title exceeds the amount equal to 2\1/2\ 
     percent of the member's years of creditable service 
     multiplied by the member's retired pay base under section 
     1406(b)(1) or 1407 of this title, whichever is applicable to 
     the member.''.
       (c) Conforming Amendment.--Subsection (c) of such section 
     is amended by striking ``the second sentence of''.
       (d) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 1414. Concurrent receipt of retired pay and veterans' 
       disability compensation''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 71 of such title is amended by striking 
     the item related to section 1414 and inserting the following 
     new item:

``1414. Concurrent receipt of retired pay and veterans' disability 
              compensation.''.

       (e) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2010.
                                 ______
                                 
  SA 1479. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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. ___. DESIGNATION OF OVERPAYMENTS TO SUPPORT RESERVISTS 
                   AND NATIONAL GUARD MEMBERS.

       (a) Designation.--Subchapter A of chapter 61 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new part:

 ``PART IX--DESIGNATION OF OVERPAYMENTS TO RESERVE INCOME REPLACEMENT 
                                PROGRAM

``Sec. 6097. Designation.

     ``SEC. 6097. DESIGNATION.

       ``(a) In General.--In the case of an individual, with 
     respect to each taxpayer's return for the taxable year of the 
     tax imposed by chapter 1, such taxpayer may designate that a 
     specified portion (not less than $5) of any overpayment of 
     tax for such taxable year be paid over to the Reserve Income 
     Replacement Program (RIRP) under section 910 of title 37, 
     United States Code.
       ``(b) Manner and Time of Designation.--A designation under 
     subsection (a) may be made with respect to any taxable year 
     only at the time of filing the return of the tax imposed by 
     chapter 1 for such taxable year. Such designation shall be 
     made in such manner as the Secretary prescribes by 
     regulations except that such designation shall be made either 
     on the first page of the return or on the page bearing the 
     taxpayer's signature.
       ``(c) Overpayments Treated as Refunded.--For purposes of 
     this title, any portion of an overpayment of tax designated 
     under subsection (a) shall be treated as--
       ``(1) being refunded to the taxpayer as of the last date 
     prescribed for filing the return of tax imposed by chapter 1 
     (determined without regard to extensions) or, if later, the 
     date the return is filed, and
       ``(2) a contribution made by such taxpayer on such date to 
     the United States.''.
       (b) Transfers to Reserve Income Replacement Program.--The 
     Secretary of the Treasury shall, from time to time, transfer 
     to the Reserve Income Replacement Program (RIRP) under 
     section 910 of title 37, United States Code, the amounts 
     designated under section 6097 of the Internal Revenue Code of 
     1986, under regulations jointly prescribed by the Secretary 
     of the Treasury and the Secretary of Defense.
       (c) Clerical Amendment.--The table of parts for subchapter 
     A of chapter 61 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new item:

 ``Part IX. Designation of Overpayments to Reserve Income Replacement 
                               Program''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
                                 ______
                                 
  SA 1480. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 XXXI, add the following:

     SEC. 3136. SENSE OF CONGRESS AND REPORT ON EXPANDING THE 
                   MISSION OF THE NEVADA TEST SITE.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Nevada Test Site of the National Nuclear Security 
     Administration can play an effective and essential role in 
     developing and demonstrating--
       (A) innovative and effective methods for treaty 
     verification and the detection of nuclear weapons and other 
     materials; and
       (B) related threat reduction technologies; and
       (2) the Administrator for Nuclear Security should expand 
     the mission of the Nevada Test Site to carry out the role 
     described in paragraph (1), including by--
       (A) fully utilizing the inherent capabilities and uniquely 
     secure location of the Site;
       (B) continuing to support the Nation's nuclear weapons 
     program and other national security programs; and
       (C) renaming the Site to reflect the expanded mission of 
     the Site.
       (b) Report on Expanded Mission for the Nevada Test Site.--
     Not later than one year after the date of the enactment of 
     this Act, the Administrator for Nuclear Security shall submit 
     to the congressional defense committees a plan for improving 
     the infrastructure of the Nevada Test Site of the National 
     Nuclear Security Administration--
       (1) to fulfill the expanded mission of the Site described 
     in subsection (a); and
       (2) to make the Site available to support the threat 
     reduction programs of the entire national security community, 
     including threat reduction programs of the National Nuclear 
     Security Administration, the Defense Threat Reduction Agency, 
     the Department of Homeland Security, and other agencies as 
     appropriate.
                                 ______
                                 
  SA 1481. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 G of title X, add the following:

     SEC. 1073. REPORT ON AIR AMERICA.

       (a) Definitions.--In this section:
       (1) Air america.--The term ``Air America'' means Air 
     America, Incorporated.
       (2) Associated company.--The term ``associated company'' 
     means any entity associated with, predecessor to, or 
     subsidiary to Air America, including Air Asia Company 
     Limited, CAT Incorporated, Civil Air Transport Company 
     Limited, and the Pacific Division of Southern Air Transport 
     during the period when such an entity was owned and 
     controlled by the United States Government.
       (b) Report on Retirement Benefits for Former Employees of 
     Air America.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the 
     advisability of providing Federal retirement benefits to 
     United States citizens for the service of such citizens prior 
     to 1977 as employees of Air America or an associated company 
     during a period when Air America or the associated company 
     was owned or controlled by the United States Government and 
     operated or managed by the Central Intelligence Agency.
       (2) Report elements.--The report required by paragraph (1) 
     shall include the following:
       (A) The history of Air America and the associated companies 
     prior to 1977, including a description of--
       (i) the relationship between Air American and the 
     associated companies and the Central Intelligence Agency or 
     any other element of the United States Government;
       (ii) the workforce of Air America and the associated 
     companies;
       (iii) the missions performed by Air America, the associated 
     companies, and their employees for the United States; and
       (iv) the casualties suffered by employees of Air America 
     and the associated companies in the course of their 
     employment.
       (B) A description of--
       (i) the retirement benefits contracted for or promised to 
     the employees of Air America and the associated companies 
     prior to 1977;
       (ii) the contributions made by such employees for such 
     benefits;
       (iii) the retirement benefits actually paid such employees;

[[Page S7418]]

       (iv) the entitlement of such employees to the payment of 
     future retirement benefits; and
       (v) the likelihood that such employees will receive any 
     future retirement benefits.
       (C) An assessment of the difference between--
       (i) the retirement benefits that former employees of Air 
     America and the associated companies have received or will 
     receive by virtue of their employment with Air America and 
     the associated companies; and
       (ii) the retirement benefits that such employees would have 
     received or be eligible to receive if such employment was 
     deemed to be employment by the United States Government and 
     their service during such employment was credited as Federal 
     service for the purpose of Federal retirement benefits.
       (D)(i) Any recommendations regarding the advisability of 
     legislative action to treat such employment as Federal 
     service for the purpose of Federal retirement benefits in 
     light of the relationship between Air America and the 
     associated companies and the United States Government and the 
     services and sacrifices of such employees to and for the 
     United States.
       (ii) If legislative action is considered advisable under 
     clause (i), a proposal for such action and an assessment of 
     its costs.
       (E) The opinions of the Director of the Central 
     Intelligence Agency, if any, on any matters covered by the 
     report that the Director of the Central Intelligence Agency 
     considers appropriate.
       (3) Assistance of comptroller general.--The Comptroller 
     General of the United States shall, upon the request of the 
     Director of National Intelligence and in a manner consistent 
     with the protection of classified information, assist the 
     Director in the preparation of the report required by 
     paragraph (1).
       (4) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1482. Mr. BURRIS submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
consruction, 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 92, between lines 18 and 19, insert the following:

     SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT 
                   TRAINING RANGES.

       Section 366(a)(5) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     10 U.S.C. 113 note) is amended--
       (1) by striking ``(5) At the same time'' and inserting 
     ``(5)(A) At the same time''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Beginning with the report submitted to Congress at 
     the same time as the President submits the budget for fiscal 
     year 2011, the report required under this subsection shall 
     include the following:
       ``(i) The results of a service-wide survey of vegetative 
     encroachment at training ranges, including a description of 
     the extent of loss of training range acreage to vegetation 
     encroachment and the types of vegetation involved at each 
     training range.
       ``(ii) A plan for managing vegetative encroachment at each 
     training range that is negatively impacted by such 
     encroachment.
       ``(iii) A detailed description of funding data and 
     budgetary resources necessary to carry out the plan developed 
     pursuant to clause (ii).''.
                                 ______
                                 
  SA 1483. Mr. BURRIS submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
consruction, 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 VI, add the following:

     SEC. ___. STUDY ON PROVIDING DISLOCATION ALLOWANCES TO 
                   MEMBERS OF THE UNIFORMED SERVICES FOR ORDERS 
                   FROM LAST DUTY STATION.

       (a) Study Required.--The Secretary of Defense shall carry 
     out a study on the feasibility and advisability of providing 
     dislocation allowances under section 407 of title 37, United 
     States Code, to members of the uniformed services described 
     in subsection (a)(2) of such section when a member is ordered 
     from the member's last duty station to the member's home.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study required by subsection (a).
                                 ______
                                 
  SA 1484. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
consruction, 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 H of title X, add the following:

     SEC. ___. SIGNAGE.

       (a) Short Title.--This section may be cited as the ``Axe 
     the Stimulus Plaques Act''.
       (b) Prohibition.--Notwithstanding any other provision of 
     law, none of the funds made available under the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5) may 
     be used for physical signage to indicate that a project is 
     being funded by that Act.
                                 ______
                                 
  SA 1485. Mr. LEAHY (for himself, Mr. Bingaman, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 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 483, between lines 8 and 9, insert the following:

     SEC. 1232. PROVIDING ASSISTANCE TO CIVILIANS FOR LOSSES 
                   INCIDENT TO COMBAT ACTIVITIES OF THE ARMED 
                   FORCES IN OVERSEAS CONTINGENCY OPERATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) All armed conflicts result in civilian casualties. 
     While the United States military makes extensive efforts to 
     minimize civilian casualties, civilians continue to be 
     injured or killed, and to suffer property damage, during 
     United State combat activities in overseas contingency 
     operations.
       (2) Civilians harmed as a result of United States combat 
     activities may suffer injury and loss that continues long 
     after the incident. Their capacity to provide for their 
     family or to live a fulfilling life may be severely limited. 
     They may also harbor resentment and anger towards the United 
     States and its military personnel when no recognition or 
     assistance is promptly provided for their loss.
       (3) In most armed conflicts since Vietnam, the United 
     States Armed Forces has carried out programs to provide 
     payments to civilians harmed by United States military 
     personnel in combat operations. Military lawyers and 
     commanders have consistently recognized the need to assist 
     victims in rebuilding their lives and communities. Military 
     strategists have also recognized the need to compensate or 
     provide assistance to such victims in order to win the hearts 
     and minds of the people, promote stability, and enhance the 
     safety of United States personnel.
       (4) Such programs implemented by the United States with 
     respect to its combat operations have been ad hoc, hastily 
     formulated, and applied differently in each operational 
     setting, limiting their effectiveness and producing 
     inconsistent and inequitable results for civilian victims. 
     Each ad hoc program has also limited the capabilities of 
     United States military officers to provide victims with 
     adequate compensation.
       (5) A uniform assistance program is needed in overseas 
     contingency operations. Such a program would provide the 
     United States Armed Forces the authority and discretion to 
     offer civilians harmed with equitable and prompt assistance, 
     without the problems of improvised efforts by local military 
     commanders and their legal advisors.
       (6) In the event such a program is considered to be 
     appropriate by the United States Armed Forces, victims would 
     receive an amount commensurate with their losses suffered as 
     a result of United States combat operations, as determined 
     pursuant to regulations formulated by the Department of 
     Defense and based on an assessment of cultural 
     appropriateness and prevailing economic conditions.
       (7) A uniform assistance program would help to promote and 
     maintain friendly relations with civilian populations in 
     combat zones, thereby helping the United States Armed Forces 
     to successfully complete its mission and demonstrating that 
     the United States is a compassionate Nation that highly 
     values innocent life.
       (b) Determination of Assistance.--
       (1) In general.--To promote and maintain friendly relations 
     through the prompt administration of assistance to civilian 
     casualties, the Secretary concerned, or an officer or 
     employee designated by the Secretary, may appoint, under such 
     regulations as the Secretary may prescribe, local military 
     commanders to provide monetary assistance in an amount 
     commensurate with the loss suffered for--
       (A) damage to, or loss of, real property of the inhabitant, 
     including damage or loss incident to use and occupancy;
       (B) damage to, or loss of, personal property of any 
     inhabitant of a foreign country; or
       (C) personal injury to, or death of, any inhabitant of a 
     foreign country;
     if the damage, loss, personal injury, or death occurs outside 
     the United States, or the Commonwealths or possessions, and 
     is

[[Page S7419]]

     caused by, or is otherwise incident to, combat activities in 
     foreign contingency operations of the Armed Forces under the 
     local military commander's command, or is caused by a member 
     thereof or by a civilian employee of the military department 
     concerned or the Coast Guard, as the case may be. A commander 
     will provide assistance under regulations of the Department 
     of Defense.
       (2) Conditions.--Assistance authorized by this section may 
     be allowed only if--
       (A) an application therefor is presented within two years 
     after the occurrence of the incident concerned;
       (B) the applicant is determined by the local military 
     commander to be friendly to the United States;
       (C) the incident results directly or indirectly from an act 
     of the Armed Forces in combat, an act of the Armed Forces 
     indirectly related to combat, or an act of the Armed Forces 
     occurring while preparing for, going to, or returning from a 
     combat mission; and
       (D) the incident does not arise directly from action by an 
     enemy, unless the local military commander determines that it 
     in the best military interest to offer assistance in such 
     case.
       (c) Terms of Assistance.--Except as provided in subsection 
     (d), no assistance may be paid under this section unless the 
     amount tendered is accepted by the applicant in full 
     satisfaction.
       (d) Type of Assistance.--Satisfaction under this section 
     shall be made through payment in local currency when 
     possible. However, satisfaction under this section may be 
     made through the provision of services or in-kind 
     compensation if such satisfaction is considered appropriate 
     by the legal advisor and the local military commander 
     concerned and accepted by the claimant.
       (e) Legal Advice Requirement.--Local military commanders 
     shall receive legal advice before authorizing assistance. The 
     legal advisor, under regulations of the Department of 
     Defense, shall determine whether the applicant for assistance 
     is properly an applicant, whether the facts support the 
     provision of assistance, and what amount is commensurate with 
     the loss suffered. The legal advisor shall then make a 
     recommendation to the local military commander who will 
     determine if assistance is to be provided.
       (f) Consideration of Applications.--Any application 
     appropriately made for assistance resulting from United 
     States military operations will be considered on the merits. 
     If assistance is not offered or provided to an applicant, 
     documentation of the denial shall be maintained by the 
     Department of Defense. The applicant shall be informed of any 
     decision made by a commander in a timely manner.
       (g) Designation of Assistance Providers.--The Secretary of 
     Defense may designate any local military commander appointed 
     under subsection (a) to provide assistance for damage, loss, 
     injury, or death caused by a civilian employee of the 
     Department of Defense other than an employee of a military 
     department. Payments under this subsection shall be made from 
     appropriations as provided by law.
       (h) Treatment of Other Compensation Received.--In the event 
     compensation for damage, loss, injury, or death covered by 
     this section is received through a separate program operated 
     by the United States Government, receipt of compensation in 
     such amount may be considered by the legal advisor or 
     commander determining the appropriate assistance under 
     subsection (a).
       (i) Reporting.--
       (1) Records of applications for assistance.--A written 
     record of any assistance offered or denied will be kept by 
     the local commander and on a timely basis submitted to the 
     appropriate office in the Department of Defense as determined 
     by the Secretary of Defense.
       (2) Biannual report.--The Secretary of Defense shall report 
     to Congress on a biannual basis the efficacy of the civilian 
     assistance program, including the number of cases considered, 
     amounts offered, and any necessary adjustments.
                                 ______
                                 
  SA 1486. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 D of title V, add the following:

     SEC. 537. ADDITIONAL ASSISTANCE FOR LOCAL EDUCATIONAL 
                   AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF 
                   THE ARMED FORCES AND DEPARTMENT OF DEFENSE 
                   CIVILIAN EMPLOYEES.

       (a) Additional Assistance for Schools With Significant 
     Numbers of Military Department Students.--
       (1) Additional amount.--The amount available under section 
     531(a) is hereby increased by $10,000,000.
       (2) Offset.--The amount authorized to be appropriated by 
     section 301(a)(5) for operation and maintenance for Defense-
     wide activities is hereby reduced by $10,000,000.
       (b) Clarification of Agencies Eligible for Assistance.--
     Section 572(a)(2) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 
     U.S.C. 7703b) is amended by adding at the end the following 
     new sentence: ``An eligible local educational agency under 
     this subsection includes a local educational agency described 
     in section 8002(i)(2) of such Act (20 U.S.C. 7702(i)(2)).''.
                                 ______
                                 
  SA 1487. Mrs. LINCOLN (for herself, Mr. Cornyn, Ms. Landrieu, Mr. 
Risch, Mr. Rockefeller, Mr. Wyden, Mrs. Hagan, and Ms. Murkowski) 
submitted an amendment intended to be proposed by her to the bill S. 
1390, to authorize appropriations for fiscal year 2010 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 G of title V, add the following:

     SEC. 573. MODIFICATION OF DEPARTMENT OF DEFENSE SHARE OF 
                   EXPENSES UNDER NATIONAL GUARD YOUTH CHALLENGE 
                   PROGRAM.

       (a) Modification.--Section 509(d)(1) of title 32, United 
     States Code, is amended by striking ``may not exceed'' and 
     all that follows and inserting ``may not exceed the amount as 
     follows:
       ``(A) In the case of a State program of the Program in 
     either of its first two years of operation, an amount equal 
     to 100 percent of the costs of operating the State program in 
     that fiscal year.
       ``(B) In the case of any other State program of the 
     Program, an amount equal to 75 percent of the costs of 
     operating the State program in that fiscal year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2009, and shall apply with 
     respect to fiscal years beginning on or after that date.
                                 ______
                                 
  SA 1488. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 125, between lines 9 and 10, insert the following:
       (H) The extent to which the options referred to in 
     paragraph (2) would improve the quality of education 
     available for students with special needs, including students 
     with learning disabilities and gifted students.
                                 ______
                                 
  SA 1489. Mr. BROWNBACK (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 479, between lines 18 and 19, insert the following:

     SEC. 1222. REPORT ON MILITARY POWER OF IRAN.

       (a) Annual Report.--Not later than March 1, 2010, and 
     annually thereafter, the Secretary of Defense shall submit to 
     the appropriate congressional committees a report, in both 
     classified and unclassified form, on the current and future 
     military strategy of the Islamic Republic of Iran. The report 
     shall address the current and probable future course of 
     military developments on the Army, Air Force, Navy, and 
     Revolutionary Guard Corps of the Government of Iran, and the 
     tenets and probable development of the grand strategy, 
     security strategy, military strategy, and military 
     organizations and operational concepts of the Government of 
     Iran.
       (b) Matters To Be Included.--The report required under 
     subsection (a) shall include the following elements:
       (1) As assessment of the grand strategy, security strategy, 
     and military strategy of the Government of Iran, including 
     the following:
       (A) The goals of the grand strategy, security strategy, and 
     military strategy.
       (B) Trends in the strategies that would be designed to 
     establish Iran as the leading power in the Middle East and to 
     enhance the influence of Iran in other regions of the world.
       (C) The security situation in the Persian Gulf and the 
     Levant.
       (D) Iranian strategy regarding other countries in the 
     region, including Israel, Lebanon, Syria, Iraq, Afghanistan, 
     Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab 
     Emirates, Armenia, and Azerbaijan.
       (2) An assessment of the capabilities of the conventional 
     forces of the Government of Iran, including the following:
       (A) The size, location, and capabilities of the 
     conventional forces.
       (B) A detailed analysis of the conventional forces of the 
     Government of Iran facing United States forces in the region 
     and other

[[Page S7420]]

     countries in the region, including Israel, Lebanon, Syria, 
     Iraq, Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the 
     United Arab Emirates, Armenia, and Azerbaijan.
       (C) Major developments in Iranian military doctrine.
       (D) An estimate of the funding provided for each branch of 
     the conventional forces of the Government of Iran.
       (3) An assessment of the unconventional forces of the 
     Government of Iran, including the following:
       (A) The size and capability of special operations units, 
     including the Iranian Revolutionary Guard Corps-Quds Force.
       (B) The types and amount of support provided to groups 
     designated by the United States as terrorist organizations, 
     including Hezbollah, Hamas, and the Special Groups in Iraq, 
     in particular those forces as having been assessed as to be 
     willing to carry out terrorist operations on behalf of Iran 
     or in response to a military attack by another country on 
     Iran.
       (C) A detailed analysis of the unconventional forces of the 
     Government of Iran facing United States forces in the region 
     and other countries in the region, including Israel, Lebanon, 
     Syria, Iraq, Afghanistan, Saudi Arabia, Turkey, Bahrain, 
     Kuwait, the United Arab Emirates, Armenia, and Azerbaijan.
       (D) An estimate of the amount of funds spent by the 
     Government of Iran to develop and support special operations 
     forces and terrorist groups.
       (4) An assessment of the capabilities of the Government of 
     Iran related to nuclear and missile forces, including the 
     following:
       (A) A summary of nuclear capabilities and developments in 
     the preceding year, including the location of major 
     facilities believed to be involved in a nuclear weapons 
     program.
       (B) A summary of the capabilities of the strategic missile 
     forces of the Government of Iran, including the size of the 
     strategic missile arsenal and the locations of missile launch 
     sites.
       (C) A summary of the capabilities of the short range and 
     cruise missile forces of the Government of Iran, including 
     the size and locations of the short range and cruise missile 
     arsenal.
       (D) A detailed analysis of the strategic missile forces of 
     the Government of Iran facing United States forces in the 
     region and other countries in the region, including Israel, 
     Lebanon, Iraq, Afghanistan, Saudi Arabia, Turkey, Bahrain, 
     Kuwait, the United Arab Emirates, Armenia, and Azerbaijan.
       (E) A detailed analysis of the short range and cruise 
     missile forces of the Government of Iran facing United States 
     forces in the region and other countries in the region, 
     including Israel, Lebanon, Iraq, Afghanistan, Saudi Arabia, 
     Turkey, Bahrain, Kuwait, the United Arab Emirates, Armenia, 
     and Azerbaijan.
       (F) An estimate of the amount of funding expended by the 
     Government of Iran on programs to develop a capability to 
     build nuclear weapons or to enhance strategic missile, short 
     range, and cruise missile capabilities of the Government of 
     Iran.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Select Committee on Intelligence, and 
     the Committee on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Conventional forces of the government of iran.--The 
     term ``conventional forces of the Government of Iran''--
       (A) means military forces of the Islamic Republic of Iran 
     designed to conduct operations on sea, air, or land, other 
     than Iran's unconventional forces and Iran's strategic 
     missile forces; and
       (B) includes Iran's Army, Iran's Air Force, Iran's Navy, 
     and elements of the Iranian Revolutionary Guard Corps, other 
     than the Iranian Revolutionary Guard Corps-Quds Force.
       (3) Strategic missile forces of the government of iran.--
     The term ``strategic missile forces of the Government of 
     Iran'' means those elements of the military forces of the 
     Islamic Republic of Iran that employ missiles capable of 
     flights in excess of 500 kilometers.
       (4) Unconventional forces of the government of iran.--The 
     term ``unconventional forces of the Government of Iran''--
       (A) means forces of the Islamic Republic of Iran that carry 
     out missions typically associated with special operations 
     forces; and
       (B) includes--
       (i) the Iranian Revolutionary Guard Corps-Quds Force; and
       (ii) any organization that--

       (I) has been designated a terrorist organization by the 
     United States;
       (II) receives assistance from the Government of Iran; and
       (III)(aa) is assessed as being willing in some or all cases 
     of carrying out attacks on behalf of the Government of Iran; 
     or
       (bb) is assessed as likely to carry out attacks in response 
     to a military attack by another country on Iran.

                                 ______
                                 
  SA 1490. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 435, between lines 14 and 15, insert the following:

     SEC. 1083. SENSE OF CONGRESS ON MANNED AIRBORNE IRREGULAR 
                   WARFARE PLATFORMS.

       It is the sense of Congress that the Secretary of Defense, 
     with regard to the development of manned airborne irregular 
     warfare platforms, should--
       (1) coordinate across the military services, including the 
     National Guard and Reserves, the requirements, concept 
     development, demonstration, and platform development; and
       (2) be informed by the on-going Air National Guard AT-6B 
     demonstration program.
                                 ______
                                 
  SA 1491. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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:

       Beginning on page 552, line 25, strike ``installations; 
     and'' and all that follows through page 553, line 6, and 
     insert the following: ``installations;
       (2) to comprehensively assess the needs and degree of 
     Federal assistance to communities to effectively implement 
     the various initiatives of the Department of Defense while 
     aiding communities to either recover quickly from closures or 
     to accommodate growth associated with troop influxes; and
       (3) that the methods of property disposal, including public 
     benefit transfers, economic development conveyances at cost 
     and no cost, negotiated sales, other conveyances, and public 
     sales are equally assessed and decided with consideration to 
     the needs of affected communities.
                                 ______
                                 
  SA 1492. Mr. BARRASSO (for himself and Mr. Enzi) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 565, after line 20, add the following:

     SEC. 2832. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, 
                   CHEYENNE, WYOMING.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the County of Laramie, Wyoming (in this section 
     referred to as the ``County'') all right, title, and interest 
     of the United States in and to a parcel of real property, 
     including any improvements thereon and appurtenant easements 
     thereto, consisting of approximately 73 acres along the 
     southeastern boundary of F.E. Warren Air Force Base, 
     Cheyenne, Wyoming, for the purpose of removing the property 
     from the boundaries of the installation and permitting the 
     County to preserve the entire property for healthcare 
     facilities.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the County shall provide the United States 
     consideration, whether by cash payment, in-kind consideration 
     as described under paragraph (2), or a combination thereof, 
     in an amount that is not less than the fair market value of 
     the conveyed real property, as determined by the Secretary.
       (2) In-kind consideration.--In-kind consideration provided 
     by the County under paragraph (1) may include the 
     acquisition, construction, provision, improvement, 
     maintenance, repair, or restoration (including environmental 
     restoration), or combination thereof, of any facilities or 
     infrastructure relating to the security of F.E. Warren Air 
     Force Base, that the Secretary considers acceptable.
       (3) Relation to other laws.--Sections 2662 and 2802 of 
     title 10, United States Code, shall not apply to any new 
     facilities or infrastructure received by the United States as 
     in-kind consideration under paragraph (2).
       (4) Notice to congress.--The Secretary shall provide 
     written notification to the congressional defense committees 
     of the types and value of consideration provided the United 
     States under paragraph (1).
       (5) Treatment of cash consideration received.--Any cash 
     payment received by the United States under paragraph (1) 
     shall be deposited in the special account in the Treasury 
     established under subsection (b) of section 572 of title 40, 
     United States Code, and shall be available in accordance with 
     paragraph (5)(B)(ii) of such subsection.
       (c) Reversionary Interest.--
       (1) In general.--If the Secretary determines at any time 
     that the County is not using the property conveyed under 
     subsection (a) in accordance with the purpose of

[[Page S7421]]

     the conveyance specified in such subsection, all right, 
     title, and interest in and to the property, including any 
     improvements thereon, shall revert, at the option of the 
     Secretary, to the United States, and the United States shall 
     have the right of immediate entry onto the property. Any 
     determination of the Secretary under this subsection shall be 
     made on the record after an opportunity for a hearing.
       (2) Release of reversionary interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under paragraph (1) if--
       (A) F.E. Warren Air Force Base, Cheyenne Wyoming, is no 
     longer being used for Department of Defense activities; or
       (B) the Secretary determines that the reversionary interest 
     is otherwise unnecessary to protect the interests of the 
     United States.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a) and 
     implement the receipt of in-kind consideration under 
     paragraph (b), including survey costs, appraisal costs, costs 
     related to environmental documentation, and other 
     administrative costs related to the conveyance and receipt of 
     in-kind consideration. If amounts are received from the 
     County in advance of the Secretary incurring the actual 
     costs, and the amount received exceeds the costs actually 
     incurred by the Secretary under this section, the Secretary 
     shall refund the excess amount to the County.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance and implementing 
     the receipt of in-kind consideration. Amounts so credited 
     shall be merged with amounts in such fund or account and 
     shall be available for the same purposes, and subject to the 
     same conditions and limitations, as amounts in such fund or 
     account.
       (e) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1493. Mr. GREGG (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 553, between lines 15 and 16, insert the following:

     SEC. 2707. RELOCATION OF UNITS FROM PAUL DOBLE ARMY RESERVE 
                   CENTER, PORTSMOUTH, NEW HAMPSHIRE.

       With respect to the closure of the Paul Doble Army Reserve 
     Center in Portsmouth, New Hampshire, and the relocation of 
     units to a new reserve center and associated training and 
     maintenance facilities, the new reserve center and associated 
     training and maintenance facilities may be located adjacent 
     to or in the vicinity of Pease Air National Guard Base, New 
     Hampshire.
                                 ______
                                 
  SA 1494. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 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 429, between lines 8 and 9, insert the following:

     SEC. 1073. REPORT ON CRITERIA FOR SELECTION OF STRATEGIC 
                   EMBARKATION PORTS AND SHIP LAYBERTHING 
                   LOCATIONS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Transportation Command shall submit to the 
     congressional defense committees a report with criteria for 
     the selection of strategic embarkation ports and ship 
     layberth locations.
       (b) Development of Criteria.--The criteria included in the 
     report required under subsection (a) shall--
       (1) prioritize the facilitation of strategic deployment and 
     reduction of combatant commander force closure timelines;
       (2) take into account--
       (A) time required to crew, activate, and sail sealift 
     vessels to embarkation ports;
       (B) distance and travel times for the forces from assigned 
     installation to embarkation ports;
       (C) availability of adequate infrastructure to transport 
     forces from assigned installation to embarkation ports; and
       (D) time required to move forces from embarkation ports to 
     likely areas of force deployment around the world; and
       (3) inform the selection of strategic embarkation ports and 
     the procurement of ship layberthing services.
                                 ______
                                 
  SA 1495. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 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 565, after line 20, insert the following:

     SEC. 2832. LAND CONVEYANCE, LACKLAND AIR FORCE BASE, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to an eligible entity, all right, title, and 
     interest of the United States to not more than 250 acres of 
     real property and associated easements and improvements on 
     Lackland Air Force Base, Texas, in exchange for real property 
     adjacent to or near the installation for the purpose of 
     relocating and consolidating Air Force tenants located on the 
     former Kelly Air Force Base, Texas, onto the main portion of 
     Lackland Air Force Base.
       (b) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the condition that the 
     eligible entity accept the real property in its condition at 
     the time of the conveyance, commonly known as conveyance ``as 
     is'' and not subject to the requirements for covenants in 
     deed under section 120(h)(3) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)(3)).
       (c) Eligible Entities.--A conveyance under this section may 
     be made to the City of San Antonio, Texas, or an organization 
     or agency chartered or sponsored by the local or State 
     government.
       (d) Consideration.--As consideration for the conveyance 
     under subsection (a), the eligible entity shall provide the 
     Air Force with real property or real property improvements, 
     or a combination of both, of equal value, as determined by 
     the Secretary. If the fair market value of the real property 
     or real property improvements, or combination thereof, is 
     less than the fair market value of the real property to be 
     conveyed by the Air Force, the eligible entity shall provide 
     cash payment to the Air Force, or provide Lackland Air Force 
     Base with in-kind consideration of an amount equal to the 
     difference in the fair market values. Any cash payment 
     received by the Air Force for the conveyance authorized by 
     subsection (a) shall be deposited in the special account 
     described in section 2667(e) of title 10, United States Code, 
     and shall be available to the Secretary for the same uses and 
     subject to the same limitations as provided in that section.
       (e) Payment of Costs of Conveyance.--
       (1) In general.--The Secretary may require the eligible 
     entity to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyances under this section, including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyances. If 
     amounts are collected from the eligible entity in advance of 
     the Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the eligible entity.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyances. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1496. Mr. THUNE (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 565, after line 20, add the following:

     SEC. 2832. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH 
                   DAKOTA.

       (a) Change in Recipient Under Existing Authority.--

[[Page S7422]]

       (1) In general.--Section 2863(a) of the Military 
     Construction Act for Fiscal Year 1998 (division B of Public 
     Law 105-85; 111 Stat. 2010), as amended by section 2865(a) of 
     the Military Construction Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-435), 
     is further amended by striking ``West River Foundation for 
     Economic and Community Development, Sturgis, South Dakota (in 
     this section referred to as the `Foundation')'' and inserting 
     ``South Dakota Ellsworth Development Authority, Pierre, South 
     Dakota (in this section referred to as the `Authority')''.
       (2) Technical and conforming amendments.--Section 2863 of 
     the Military Construction Act for Fiscal Year 1998 (division 
     B of Public Law 105-85; 111 Stat. 2010), as amended by 
     section 2865(b) of the Military Construction Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398; 114 
     Stat. 1654A-435), is further amended--
       (A) by striking ``Foundation'' each place it appears in 
     subsections (c) and (e) and inserting ``Authority'';
       (B) in subsection (b)(1)--
       (i) in subparagraph (B), by striking ``137.56 acres'' and 
     inserting ``120.70 acres''; and
       (ii) by striking subparagraphs (C), (D), and (E).
       (b) New Conveyance Authority.--
       (1) Conveyance authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the South Dakota 
     Ellsworth Development Authority, Pierre, South Dakota (in 
     this subsection referred to as the ``Authority''), all right, 
     title, and interest of the United States in and to the 
     parcels of real property located at Ellsworth Air Force Base, 
     South Dakota, referred to in paragraph (2).
       (2) Covered property.--The real property referred to in 
     paragraph (1) is the following:
       (A) A parcel of real property, together with any 
     improvements thereon, consisting of approximately 2.37 acres 
     and comprising the 11000 West Communications Annex.
       (B) A parcel of real property, together with any 
     improvements thereon, consisting of approximately 6.643 acres 
     and comprising the South Nike Education Annex.
       (3) Condition.--As a condition of the conveyance under this 
     subsection, the Authority, and any person or entity to which 
     the Authority transfers the property, shall comply in the use 
     of the property with the applicable provisions of the 
     Ellsworth Air Force Base Air Installation Compatible Use Zone 
     Study.
       (4) Reversionary interest.--If the Secretary determines at 
     any time that the real property conveyed under paragraph (1) 
     is not being used in compliance with the applicable 
     provisions of the Ellsworth Air Force Base Air Installation 
     Compatible Use Zone Study, all right, title, and interest in 
     and to such real property, including any improvements and 
     appurtenant easements thereto, shall, at the option of the 
     Secretary, revert to and become the property of the United 
     States, and the United States shall have the right of 
     immediate entry onto such real property. A determination by 
     the Secretary under this paragraph shall be made on the 
     record after an opportunity for a hearing.
       (5) Description of property.--The exact acreage and legal 
     description of the real property to be exchanged under this 
     subsection shall be determined by surveys satisfactory to the 
     Secretary.
       (6) Payment of costs of conveyances.--
       (A) Payment required.--The Secretary shall require the 
     Authority to cover costs to be incurred by the Secretary, or 
     to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under this subsection, 
     including survey costs related to the conveyance. If amounts 
     are collected from the Authority in advance of the Secretary 
     incurring the actual costs, and the amount collected exceeds 
     the costs actually incurred by the Secretary to carry out the 
     conveyance, the Secretary shall refund the excess amount to 
     the Authority.
       (B) Treatment of amounts received.--Amounts received under 
     subparagraph (A) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under this subsection 
     shall be credited to the fund or account that was used to 
     cover the costs incurred by the Secretary in carrying out the 
     conveyance. Amounts so credited shall be merged with amounts 
     in such fund or account and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such fund or account.
       (7) Additional terms and conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this subsection as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1497. Mr. INHOFE (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 435, between lines 14 and 15, insert the following:

     SEC. 1083. MODIFICATION OF STATE RESPONSIBILITIES.

       (a) In General.--Section 102(a)(1) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     1(a)(1)) is amended by inserting ``by ensuring that absentee 
     ballots are sent to such voters not later than 45 days before 
     the deadline of such State for receiving absentee ballots in 
     order to be counted in the election for Federal office'' 
     before the semicolon at the end.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to elections for Federal office held 
     on or after November 1, 2010.
                                 ______
                                 
  SA 1498. Mr. INHOFE (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 358, strike lines 17 through 21 and insert the 
     following:
       ``(C) the accused pleads guilty or was convicted of the 
     offense by the concurrence of all the members present at the 
     time the vote is taken; and
       ``(D) if the accused was convicted by a military 
     commission, all members present at the time the vote was 
     taken concurred in the sentence of death.
                                 ______
                                 
  SA 1499. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 120, before line 1, insert the following:

     SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSOCIATION.

       (a) In General.--Chapter 903 of title 10, United States 
     Code, is amended by inserting after section 9361 the 
     following new section:

     ``Sec. 9362. Air Force Academy athletic programs support

       ``(a) Establishment Authorized.--
       ``(1) In general.--The Secretary of the Air Force may, in 
     accordance with the laws of the State of incorporation, 
     establish a corporation to support the athletic programs of 
     the Academy (in this section referred to as the 
     `corporation'). All stock of the corporation shall be owned 
     by the United States and held in the name of and voted by the 
     Secretary of the Air Force.
       ``(2) Purpose.--The corporation shall operate exclusively 
     for charitable, educational, and civic purposes to support 
     the athletic programs of the Academy.
       ``(b) Corporate Organization.--The corporation shall be 
     organized and operated--
       ``(1) as a nonprofit corporation under section 501(c)(3) of 
     the Internal Revenue Code of 1986;
       ``(2) in accordance with this section; and
       ``(3) pursuant to the laws of the State of incorporation, 
     its articles of incorporation, and its bylaws.
       ``(c) Corporate Board of Directors.--
       ``(1) Compensation.--The members of the board of directors 
     shall serve without compensation, except for reasonable 
     travel and other related expenses for attendance at meetings.
       ``(2) Air force personnel.--The Secretary of the Air Force 
     may authorize military and civilian personnel of the Air 
     Force under section 1033 of this title to serve, in their 
     official capacities, as members of the board of directors, 
     but such personnel shall not hold more than one third of the 
     directorships.
       ``(d) Transfer From Nonappropriated Fund Operation.--The 
     Secretary of the Air Force may, subject to the acceptance of 
     the corporation, transfer to the corporation all title to and 
     ownership of the assets and liabilities of the Air Force 
     nonappropriated fund instrumentality whose functions include 
     providing support for the athletic programs of the Academy, 
     including bank accounts and financial reserves in its 
     accounts, equipment, supplies, and other personal property, 
     but excluding any interest in real property.
       ``(e) Acceptance of Gifts.--The Secretary of the Air Force 
     may accept from the corporation funds, supplies, and services 
     for the support of cadets and Academy personnel during their 
     participation in, or in support of, Academy or corporate 
     events related to the Academy athletic programs.
       ``(f) Leasing.--The Secretary of the Air Force may, in 
     accordance with section 2667 of this title, lease real and 
     personal property to the corporation for purposes related to 
     the Academy athletic programs. Money rentals received from 
     any such lease may be retained and spent by the Secretary to 
     support athletic programs of the Academy.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 9361 the following new item:

``9362. Air Force Academy athletic programs support.''.

[[Page S7423]]

                                 ______
                                 
  SA 1500. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 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 428, between lines 21 and 22, insert the following:
       (3) A sample of military whistleblower reprisal appeals (as 
     selected by the Comptroller General for the purposes of this 
     section) heard by the Boards for the Correction of Military 
     Records referred to in section 1552 of title 10, United 
     States Code, of each military department.
                                 ______
                                 
  SA 1501. Mr. BOND (for himself, Mr. Leahy, Mr. Pryor, and Mr. Byrd) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title IX, add the following:

   Subtitle E--National Guard Empowerment and State-National Defense 
                              Integration

     SEC. 941. SHORT TITLE.

       This subtitle may be cited as the ``National Guard 
     Empowerment and State-National Defense Integration Act of 
     2009''.

     SEC. 942. EXPANDED AUTHORITY OF THE CHIEF OF THE NATIONAL 
                   GUARD BUREAU.

       (a) Membership on Joint Chiefs of Staff.--
       (1) In general.--Section 151(a) of title 10, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(7) The Chief of the National Guard Bureau.''.
       (2) Conforming amendment.--Section 10502 of such title is 
     amended--
       (A) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Member of Joint Chiefs of Staff.--The Chief of the 
     National Guard Bureau shall perform the duties prescribed for 
     him or her as a member of the Joint Chiefs of Staff under 
     section 151 of this title.''.
       (b) Annual Report to Congress on Validated Requirements.--
     Section 10504 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Annual Report on Validated Requirements.--Not later 
     than December 31 each year, the Chief of the National Guard 
     Bureau shall submit to Congress a report on the following:
       ``(1) The requirements validated under section 10503a(b)(1) 
     of this title during the preceding fiscal year.
       ``(2) The requirements referred to in paragraph (1) for 
     which funding is to be requested in the next budget for a 
     fiscal year under section 10544 of this title.
       ``(3) The requirements referred to in paragraph (1) for 
     which funding will not be requested in the next budget for a 
     fiscal year under section 10544 of this title.''.

     SEC. 943. EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.

       (a) Military Assistance for Civil Authorities.--Chapter 
     1011 of title 10, United States Code, is amended by inserting 
     after section 10503 the following new section:

     ``Sec. 10503a. Functions of National Guard Bureau: military 
       assistance to civil authorities

       ``(a) Identification of Additional Necessary Assistance.--
     The Chief of the National Guard Bureau shall--
       ``(1) identify gaps between Federal and State military 
     capabilities to prepare for and respond to emergencies; and
       ``(2) make recommendations to the Secretary of Defense on 
     programs and activities of the National Guard for military 
     assistance to civil authorities to address such gaps.
       ``(b) Scope of Responsibilities.--In meeting the 
     requirements of subsection (a), the Chief of the National 
     Guard Bureau shall, in coordination with the adjutants 
     general of the States, have responsibilities as follows:
       ``(1) To validate the requirements of the several States 
     and territories with respect to military assistance to civil 
     authorities.
       ``(2) To develop doctrine and training requirements 
     relating to the provision of military assistance to civil 
     authorities.
       ``(3) To acquire equipment, materiel, and other supplies 
     and services for the provision of military assistance to 
     civil authorities.
       ``(4) To assist the Secretary of Defense in preparing the 
     budget required under section 10544 of this title.
       ``(5) To administer amounts provided the National Guard for 
     the provision of military assistance to civil authorities.
       ``(6) To carry out any other responsibility relating to the 
     provision of military assistance to civil authorities as the 
     Secretary of Defense shall specify.
       ``(c) Assistance.--The Chairman of the Joint Chiefs of 
     Staff shall assist the Chief of the National Guard Bureau in 
     carrying out activities under this section.
       ``(d) Consultation.--(1) The Chief of the National Guard 
     Bureau shall carry out activities under this section through 
     and utilizing an integrated planning process established by 
     the Chief of the National Guard Bureau for purposes of this 
     subsection. The planning process may be known as the 
     `National Guard Bureau Strategic Integrated Planning 
     Process'.
       ``(2)(A) Under the integrated planning process established 
     under paragraph (1)--
       ``(i) the planning committee described in subparagraph (B) 
     shall develop and submit to the planning directorate 
     described in subparagraph (C) plans and proposals on such 
     matters under the planning process as the Chief of the 
     National Guard Bureau shall designate for purposes of this 
     subsection; and
       ``(ii) the planning directorate shall review and make 
     recommendations to the Chief of the National Guard Bureau on 
     the plans and proposals submitted to the planning directorate 
     under clause (i).
       ``(B) The planning committee described in this subparagraph 
     is a planning committee (to be known as the `State Strategic 
     Integrated Planning Committee') composed of the adjutant 
     general of each of the several States, the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, and the District of 
     Columbia.
       ``(C) The planning directorate described in this 
     subparagraph is a planning directorate (to be known as the 
     `Federal Strategic Integrated Planning Directorate') composed 
     of the following (as designated by the Secretary of Defense 
     for purposes of this subsection):
       ``(i) A major general of the Army National Guard.
       ``(ii) A major general of the Air National Guard.
       ``(iii) A major general of the regular Army.
       ``(iv) A major general of the regular Air Force.
       ``(v) A major general (other than a major general under 
     clauses (iii) and (iv)) of the United States Northern 
     Command.
       ``(vi) The Vice Chief of the National Guard Bureau.
       ``(vii) Seven adjutants general from the planning committee 
     under paragraph (B).''.
       (b) Budgeting for Training and Equipment and Military 
     Construction for Military Assistance to Civil Authorities and 
     Other Domestic Missions.--Chapter 1013 of such title is 
     amended by adding at the end the following new section:

     ``Sec. 10544. National Guard training and equipment and 
       military construction: budget for military assistance to 
       civil authorities and for other domestic operations

       ``(a) In General.--The budget justification documents 
     materials submitted to Congress in support of the budget of 
     the President for a fiscal year (as submitted with the budget 
     of the President under section 1105(a) of title 31) shall 
     specify separate amounts for the National Guard for purposes 
     of military assistance to civil authorities and for other 
     domestic operations during such fiscal year as follows:
       ``(1) Amounts for training and equipment, including 
     critical dual-use equipment.
       ``(2) Amounts for military construction, including critical 
     dual-use capital construction.
       ``(b) Scope of Funding.--The amounts specified under 
     subsection (a) for a fiscal year shall be sufficient for 
     purposes as follows:
       ``(1) The development and implementation of doctrine and 
     training requirements applicable to the assistance and 
     operations described in subsection (a) for such fiscal year.
       ``(2) The acquisition of equipment, materiel, and other 
     supplies and services necessary for the provision of such 
     assistance and such operations in such fiscal year.''.
       (c) Clerical Amendments.--
       (1) The table of sections at the beginning of chapter 1011 
     of such title is amended by inserting after the item relating 
     to section 10503 the following new item:

``10503a. Functions of National Guard Bureau: military assistance to 
              civil authorities.''.

       (2) The table of sections at the beginning of chapter 1013 
     of such title is amended by adding at the end the following 
     new item:

``10544. National Guard training and equipment and military 
              construction: budget for military assistance to civil 
              authorities and for other domestic operations.''.

     SEC. 944. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE 
                   NATIONAL GUARD BUREAU.

       (a) Reestablishment of Position.--
       (1) In general.--Chapter 1011 of title 10, United States 
     Code, is amended--
       (A) by redesignating section 10505 as section 10505a; and
       (B) by inserting after section 10504 the following new 
     section 10505:

     ``Sec. 10505. Vice Chief of the National Guard Bureau

       ``(a) Appointment.--(1) There is a Vice Chief of the 
     National Guard Bureau, selected by the Secretary of Defense 
     from officers of the Army National Guard of the United States 
     or the Air National Guard of the United States who--
       ``(A) are recommended for such appointment by their 
     respective Governors or, in the case of the District of 
     Columbia, the commanding general of the District of Columbia 
     National Guard;
       ``(B) have had at least 10 years of federally recognized 
     service in an active status in the National Guard; and

[[Page S7424]]

       ``(C) are in a grade above the grade of colonel.
       ``(2) The Chief and Vice Chief of the National Guard Bureau 
     may not both be members of the Army or of the Air Force.
       ``(3)(A) Except as provided in subparagraph (B), an officer 
     appointed as Vice Chief of the National Guard Bureau serves 
     for a term of four years, but may be removed from office at 
     any time for cause.
       ``(B) The term of the Vice Chief of the National Guard 
     Bureau shall end within a reasonable time (as determined by 
     the Secretary of Defense) following the appointment of a 
     Chief of the National Guard Bureau who is a member of the 
     same armed force as the Vice Chief.
       ``(b) Duties.--The Vice Chief of the National Guard Bureau 
     performs such duties as may be prescribed by the Chief of the 
     National Guard Bureau.
       ``(c) Grade.--The Vice Chief of the National Guard Bureau 
     shall be appointed to serve in the grade of lieutenant 
     general.
       ``(d) Functions as Acting Chief.--When there is a vacancy 
     in the office of the Chief of the National Guard Bureau or in 
     the absence or disability of the Chief, the Vice Chief of the 
     National Guard Bureau acts as Chief and performs the duties 
     of the Chief until a successor is appointed or the absence of 
     disability ceases.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1011 of such title is amended by 
     striking the item relating to section 10505 and inserting the 
     following new items:

``10505. Vice Chief of the National Guard Bureau.
``10505a. Director of the Joint Staff of the National Guard Bureau.''.

       (b) Conforming Amendment.--Section 10506(a)(1) of such 
     title is amended by striking ``and the Director of the Joint 
     Staff of the National Guard Bureau'' and inserting ``, the 
     Vice Chief of the National Guard Bureau, and the Director of 
     the Joint Staff of the National Guard Bureau''.

     SEC. 945. STATE CONTROL OF FEDERAL MILITARY FORCES ENGAGED IN 
                   ACTIVITIES WITHIN THE STATES AND POSSESSIONS.

       (a) In General.--Part I of subtitle A of title 10, United 
     States Code, is amended by inserting after chapter 15 the 
     following new chapter:

  ``CHAPTER 16--CONTROL OF THE ARMED FORCES IN ACTIVITIES WITHIN THE 
                         STATES AND POSSESSIONS

``Sec.
``341. Tactical control of the armed forces engaged in activities 
              within the States and possessions: emergency response 
              activities.

     ``Sec. 341. Tactical control of the armed forces engaged in 
       activities within the States and possessions: emergency 
       response activities

       ``(a) In General.--The Secretary of Defense shall prescribe 
     in regulations policies and procedures to assure that 
     tactical control of the armed forces on active duty within a 
     State or possession is vested in the governor of the State or 
     possession, as the case may be, when such forces are engaged 
     in a domestic operation, including emergency response, within 
     such State or possession.
       ``(b) Discharge Through Joint Force Headquarters.--The 
     policies and procedures required under subsection (a) shall 
     provide for the discharge of tactical control by the governor 
     of a State or possession as described in that subsection 
     through the Joint Force Headquarters of the National Guard in 
     the State or possession, as the case may be, acting through 
     the officer of the National Guard in command of the 
     Headquarters.
       ``(c) Possessions Defined.--Notwithstanding any provision 
     of section 101(a) of this title, in this section, the term 
     `possessions' means the Commonwealth of Puerto Rico, Guam, 
     and the Virgin Islands.''.
       (b) Clerical Amendments.--The tables of chapters at the 
     beginning of title 10, United States Code, and at the 
     beginning of part I of subtitle A of such title, are each 
     amended by inserting after the item relating to chapter 15 
     the following new item:

``16. Control of the Armed Forces in Activities Within the States and 
    Possessions..............................................341''.....

     SEC. 946. FISCAL YEAR 2010 FUNDING FOR THE NATIONAL GUARD FOR 
                   CERTAIN DOMESTIC ACTIVITIES.

       (a) Continuity of Operations, Continuity of Government, and 
     Consequence Management.--
       (1) Authorization of appropriations.--There is hereby 
     authorized to be appropriated for fiscal year 2010 for the 
     Department of Defense amounts as follows:
       (A) For National Guard Personnel, Army, $11,000,000.
       (B) For National Guard Personnel, Air Force, $3,500,000.
       (C) For Operation and Maintenance, Army National Guard, 
     $11,000,000.
       (2) Availability.--The amounts authorized to be 
     appropriated by paragraph (1) shall be available to the Army 
     National Guard and the Air National Guard, as applicable, for 
     costs of personnel in training and operations with respect to 
     continuity of operations, continuity of government, and 
     consequence management in connection with response to 
     terrorist and other attacks on the United States homeland and 
     natural and man-made catastrophes in the United States.
       (b) Domestic Operations.--
       (1) Authorization of appropriations.--There is hereby 
     authorized to be appropriated for fiscal year 2010 for the 
     Department of Defense, $300,000,000 for Operation and 
     Maintenance, Defense-wide.
       (2) Availability.--The amount authorized to be appropriated 
     by paragraph (1) shall be available for the Army National 
     Guard and the Air National Guard for emergency preparedness 
     and response activities of the National Guard while in State 
     status under title 32, United States Code.
       (3) Transfer.--Amounts under the amount authorized to be 
     appropriated by paragraph (1) shall be available for transfer 
     to accounts for National Guard Personnel, Army, and National 
     Guard Personnel, Air Force, for purposes of the pay and 
     allowances of members of the National Guard in conducting 
     activities described in paragraph (2).
       (c) Joint Operations Coordination Centers.--
       (1) Authorization of appropriations.--There is hereby 
     authorized to be appropriated for fiscal year 2010 for the 
     Department of Defense amounts as follows:
       (A) For National Guard Personnel, Army, $28,000,000.
       (B) For National Guard Personnel, Air Force, $7,000,000.
       (2) Availability.--The amounts authorized to be 
     appropriated by paragraph (1) shall be available to the Army 
     National Guard and the Air National Guard, as applicable, for 
     costs of personnel in continuously staffing a Joint 
     Operations Coordination Center (JOCC) in the Joint Forces 
     Headquarters of the National Guard in each State and 
     Territory for command and control and activation of forces in 
     response to terrorist and other attacks on the United States 
     homeland and natural and man-made catastrophes in the United 
     States.
       (d) Supplement Not Supplant.--The amounts authorized to be 
     appropriated by subsections (a), (b), and (c) for the 
     purposes set forth in such subsections are in addition to any 
     other amounts authorized to be appropriated for fiscal year 
     2010 for the Department of Defense for such purposes.

     SEC. 947. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED 
                   STATES NORTHERN COMMAND AND OTHER COMBATANT 
                   COMMANDS.

       (a) Commands Responsible for Support to Civil Authorities 
     in the United States.--The United States Northern Command and 
     the United States Pacific Command shall be the combatant 
     commands of the Armed Forces that are principally responsible 
     for the support of civil authorities in the United States by 
     the Armed Forces.
       (b) Discharge of Responsibility.--In discharging the 
     responsibility set forth in subsection (a), the Commander of 
     the United States Northern Command and the Commander of the 
     United States Pacific Command shall each--
       (1) in consultation with and acting through the Chief of 
     the National Guard Bureau and the Joint Force Headquarters of 
     the National Guard of the State or States concerned, assist 
     the States in the employment of the National Guard under 
     State control, including National Guard operations conducted 
     in State active duty or under title 32, United States Code; 
     and
       (2) facilitate the deployment of the Armed Forces on active 
     duty under title 10, United States Code, as necessary to 
     augment and support the National Guard in its support of 
     civil authorities when National Guard operations are 
     conducted under State control, whether in State active duty 
     or under title 32, United States Code.
       (c) Memorandum of Understanding.--
       (1) Memorandum required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Northern Command, the Commander of the United 
     States Pacific Command, and the Chief of the National Guard 
     Bureau shall, with the approval of the Secretary of Defense, 
     jointly enter into a memorandum of understanding setting 
     forth the operational relationships, and individual roles and 
     responsibilities, during responses to domestic emergencies 
     among the United States Northern Command, the United States 
     Pacific Command, and the National Guard Bureau.
       (2) Modification.--The Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau may from 
     time to time modify the memorandum of understanding under 
     this subsection to address changes in circumstances and for 
     such other purposes as the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau jointly 
     consider appropriate. Each such modification shall be subject 
     to the approval of the Secretary of Defense.
       (d) Authority To Modify Assignment of Command 
     Responsibility.--Nothing in this section shall be construed 
     as altering or limiting the power of the President or the 
     Secretary of Defense to modify the Unified Command Plan in 
     order to assign all or part of the responsibility described 
     in subsection (a) to a combatant command other than the 
     United States Northern Command or the United States Pacific 
     Command.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations for purposes of aiding the expeditious 
     implementation of the authorities and responsibilities in 
     this section.

     SEC. 948. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN 
                   CERTAIN COMMAND POSITIONS.

       (a) Commander of Army North Command.--The officer serving 
     in the position of

[[Page S7425]]

     Commander, Army North Command, shall be an officer in the 
     Army National Guard of the United States.
       (b) Commander of Air Force North Command.--The officer 
     serving in the position of Commander, Air Force North 
     Command, shall be an officer in the Air National Guard of the 
     United States.
       (c) Sense of Congress.--It is the sense of Congress that, 
     in assigning officers to the command positions specified in 
     subsections (a) and (b), the President should afford a 
     preference in assigning officers in the Army National Guard 
     of the United States or Air National Guard of the United 
     States, as applicable, who have served as the adjutant 
     general of a State.
                                 ______
                                 
  SA 1502. Mr. REID (for Mr. Coburn (for himself and Mr. Feingold)) 
proposed an amendment to the bill S. 1233, to reauthorize and improve 
the SBIR and STTR programs and for other purposes; as follows:

       On page 61, line 20, strike ``2023'' and insert ``2017''.
       On page 61, line 23, strike ``2023'' and insert ``2017''.
       At the end, add the following:

     SEC. 402. PRIORITIES FOR CERTAIN RESEARCH INITIATIVES.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(hh) Research Initiatives.--To the extent that such 
     projects relate to the mission of the Federal agency, each 
     Federal agency participating in the SBIR program or STTR 
     program shall encourage the submission of applications for 
     support of projects relating to security, energy, 
     transportation, or improving the security and quality of the 
     water supply of the United States to such program.''.
       (b) Sunset.--Effective October 1, 2014, section 9(hh) of 
     the Small Business Act, as added by subsection (a) of this 
     section, is repealed.

     SEC. 403. REPORT ON SBIR AND STTR PROGRAM GOALS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ii) Annual Report on SBIR and STTR Program Goals.--
       ``(1) Development of metrics.--The head of each Federal 
     agency required to participate in the SBIR program or the 
     STTR program shall develop metrics to evaluate the 
     effectiveness, and the benefit to the people of the United 
     States, of the SBIR program and the STTR program of the 
     Federal agency that--
       ``(A) are science-based and statistically driven;
       ``(B) reflect the mission of the Federal agency; and
       ``(C) include factors relating to the economic impact of 
     the programs.
       ``(2) Evaluation.--The head of each Federal agency 
     described in paragraph (1) shall conduct an annual evaluation 
     using the metrics developed under paragraph (1) of--
       ``(A) the SBIR program and the STTR program of the Federal 
     agency; and
       ``(B) the benefits to the people of the United States of 
     the SBIR program and the STTR program of the Federal agency.
       ``(3) Report.--
       ``(A) In general.--The head of each Federal agency 
     described in paragraph (1) shall submit to the appropriate 
     committees of Congress and the Administrator an annual report 
     describing in detail the results of an evaluation conducted 
     under paragraph (2).
       ``(B) Public availability of report.--The head of each 
     Federal agency described in paragraph (1) shall make each 
     report submitted under subparagraph (A) available to the 
     public online.
       ``(C) Definition.--In this paragraph, the term `appropriate 
     committees of Congress' means--
       ``(i) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(ii) the Committee on Small Business and the Committee on 
     Science and Technology of the House of Representatives.''.

     SEC. 404. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR 
                   PROGRAMS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(jj) Competitive Selection Procedures for SBIR and STTR 
     Programs.--All funds awarded, appropriated, or otherwise made 
     available in accordance with subsection (f) or (n) must be 
     awarded pursuant to competitive and merit-based selection 
     procedures.''.
                                 ______
                                 
  SA 1503. Mr. NELSON of Florida (for himself and Mr. Vitter) submitted 
an amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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:

       Beginning on page 419, strike line 10 and all that follows 
     through page 420, line 2, and insert the following:
       (a) In General.--Section 2281(d) of title 10, United States 
     Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``the Secretary of Defense'' and inserting 
     ``the Deputy Secretary of Defense and the Deputy Secretary of 
     Transportation, in their capacity as co-chairs of the 
     National Executive Committee for Space-Based Positioning, 
     Navigation, and Timing,''; and
       (B) by striking ``the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives'' and inserting ``Congress''; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) In preparing each report required under paragraph 
     (1), the Deputy Secretary of Defense and the Deputy Secretary 
     of Transportation, in their capacity as co-chairs of the 
     National Executive Committee for Space-Based Positioning, 
     Navigation, and Timing, shall consult with the Secretary of 
     Defense, the Secretary of State, the Secretary of 
     Transportation, and the Secretary of Homeland Security.''.
                                 ______
                                 
  SA 1504. Mrs. LINCOLN (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 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 V, add the following:

     SEC. 524. MODIFICATION OF BASIS FOR ANNUAL ADJUSTMENTS IN 
                   AMOUNTS OF EDUCATIONAL ASSISTANCE FOR MEMBERS 
                   OF THE SELECTED RESERVE.

       (a) In General.--Section 16131(b)(2) of title 10, United 
     States Code, is amended by striking ``equal to'' and all that 
     follows and inserting ``not less than the percentage by 
     which--
       ``(A) the average cost of undergraduate tuition in the 
     United States, as determined by the National Center for 
     Education Statistics, for the last academic year preceding 
     the beginning of the fiscal year for which the increase is 
     made, exceeds
       ``(B) the average cost of undergraduate tuition in the 
     United States, as so determined, for the academic year 
     preceding the academic year described in subparagraph (A).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2009, and shall apply to 
     adjustments in amounts of educational assistance for members 
     of the Selected Reserve that are made for fiscal years 
     beginning on or after that date.

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