[Congressional Record Volume 155, Number 107 (Thursday, July 16, 2009)]
[Senate]
[Pages S7654-S7663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1575. Mr. JOHANNS (for himself and Mr. Bond) 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 XII, add the following:

     SEC. 1232. REPORT ON ELECTRONIC SURVEILLANCE CAPABILITIES OF 
                   THE GOVERNMENT OF IRAN.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, the Secretary of 
     the Treasury, and the Director of National Intelligence, 
     shall submit to Congress a report on the domestic electronic 
     surveillance capabilities of the Government of Iran that 
     includes--
       (1) an identification of the five persons that supply the 
     most electronic surveillance equipment to the Government of 
     Iran and the location of any global headquarters of each such 
     person;
       (2) an estimate of the value of the sales of such equipment 
     by each such person in the year preceding the submittal of 
     the report;
       (3) an estimate of the annual value of such sales during 
     previous years;
       (4) a description of any actions taken by the United States 
     to discourage such sales; and
       (5) an identification of any contracts entered into with 
     such persons by the Federal Government.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (c) Person Defined.--In this section, the term ``person'' 
     means--
       (1) a natural person;
       (2) a corporation, business association, partnership, 
     society, trust, or any other nongovernmental entity, 
     organization, or group;
       (3) any governmental entity operating as a business 
     enterprise; and
       (4) any successor to any entity described in paragraph (2) 
     or (3).
                                 ______
                                 
  SA 1576. Mr. BURR 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 HEALTH EFFECTS OF DEPARTMENT OF DEFENSE 
                   BURN PITS ON MEMBERS OF THE ARMED FORCES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report

[[Page S7655]]

     on the adverse health effects on members of the Armed Forces 
     of the use of burn pits by the Department of Defense for the 
     disposal of refuse.
       (b) Air Quality Tests.--As part of the report submitted 
     under subsection (a), the Secretary shall include the results 
     of air quality and air pollutant tests carried out at each of 
     the 15 military installations or facilities closest to a burn 
     pit described in subsection (a) in which members of the Armed 
     Forces reside. Such results shall specify the distance 
     between the burn pit and the military installation or 
     facility where the air quality and air pollutant tests were 
     carried out.
                                 ______
                                 
  SA 1577. Ms. KLOBUCHAR 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 F of title V, add the following:

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

       (a) Initiative To Increase Access to Mental Health Care.--
       (1) In general.--The Secretary of Defense shall undertake 
     an initiative intended to increase access to mental health 
     care for family members of members of the National Guard and 
     Reserve deployed overseas during the periods of mobilization, 
     deployment, and demobilization of such members of the 
     National Guard and Reserve.
       (2) Elements.--The initiative shall include the following:
       (A) Programs and activities to educate the family members 
     of members of the National Guard and Reserve who are deployed 
     overseas on potential mental health challenges connected with 
     such deployment.
       (B) Programs and activities to provide such family members 
     with complete information on all mental health resources 
     available to such family members through the Department of 
     Defense and otherwise.
       (C) Requirements for mental health counselors at military 
     installations in communities with large numbers of mobilized 
     members of the National Guard and Reserve to expand the reach 
     of their counseling activities to include families of such 
     members in such communities.
       (b) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of Defense shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on this section.
       (2) Elements.--Each report shall include the following:
       (A) A current assessment of the extent to which family 
     members of members of the National Guard and Reserve who are 
     deployed overseas have access to, and are utilizing, mental 
     health care available under this section.
       (B) A current assessment of the quality of mental health 
     care being provided to family members of members of the 
     National Guard and Reserve who are deployed overseas, and an 
     assessment of expanding coverage for mental health care 
     services under the TRICARE program to mental health care 
     services provided at facilities currently outside the 
     accredited network of the TRICARE program.
       (C) Such recommendations for legislative or administration 
     action as the Secretary considers appropriate in order to 
     further assure full access to mental health care by family 
     members of members of the National Guard and Reserve who are 
     deployed overseas during the mobilization, deployment, and 
     demobilization of such members of the National Guard and 
     Reserve.
                                 ______
                                 
  SA 1578. Ms. KLOBUCHAR 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 201, after line 25, insert the following:

     SEC. 652. EXTENSION OF FIRST-TIME HOMEBUYER INCOME TAX CREDIT 
                   FOR MEMBERS OF THE ARMED FORCES DEPLOYED AWAY 
                   FROM THEIR PERMANENT DUTY STATIONS.

       (a) In General.--Subsection (g) of section 36 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by inserting ``(1) In general.--'' before ``In the case 
     of'', and
       (2) by adding at the end the following new paragraph:
       ``(2) Deployed Members of the Armed Forces.--
       ``(A) Exception.--In the case of a purchase of a principal 
     residence on or after December 1, 2009, and before the 
     applicable extension date by a member of the Armed Forces who 
     is deployed away from such member's permanent duty station on 
     any day after June 30, 2009, and before December 1, 2009, 
     such member may elect to treat such purchase as made on 
     November 30, 2009, for purposes of this section (other than 
     subsection (c)).
       ``(B) Applicable extension date.--For purposes of this 
     paragraph, the term `applicable extension date' means, with 
     respect to any member of the Armed Forces described in 
     subparagraph (A), the earlier of--
       ``(i) the date that is the same number of days after 
     November 30, 2009, as the number of days such member was 
     deployed away from such member's permanent duty station after 
     June 30, 2009, and before December 1, 2009, or
       ``(ii) May 1, 2010.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to residences purchased after November 30, 2009.
                                 ______
                                 
  SA 1579. Mr. DeMINT 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. ___. CLASSES OF PERSONS AND LIMITATIONS.

       (a) Members of Armed Forces.--Whoever commits any offense 
     described in section 249 of title 18, United States Code, as 
     added by this Act, against any person because of the actual 
     or perceived status of the person as a member of the Armed 
     Forces shall be imprisoned, fined, or both, in accordance 
     with section 249 of title 18, United States Code.
       (b) Recruiters.--Whoever commits any offense described in 
     section 249 of title 18, United States Code, as added by this 
     Act, against any person because of the actual or perceived 
     status of the person as a recruiter for the United States 
     military shall be imprisoned, fined, or both, in accordance 
     section 249 of title 18, United States Code.
       (c) Pregnant Women.--Whoever commits any offense described 
     in section 249 of title 18, United States Code, as added by 
     this Act, against any person because of the actual or 
     perceived status of the person as a pregnant woman shall be 
     imprisoned, fined, or both, in accordance with section 249 of 
     title 18, United States Code.
       (d) Immutable Characteristics.--Whoever commits any offense 
     described in section 249 of title 18, United States Code, as 
     added by this Act, against any person because of the actual 
     or perceived status of the person as possessing any immutable 
     characteristic shall be imprisoned, fined, or both, in 
     accordance with section 249 of title 18, United States Code.
       (e) Unborn Children.--Whoever commits any offense described 
     in section 249 of title 18, United States Code, as added by 
     this Act, against any person because of the actual or 
     perceived status of the person as an unborn child under the 
     circumstances where the crime under such section 249 is also 
     a crime under section 1531 of title 18, United States Code, 
     shall be imprisoned, fined, or both, in accordance with 
     section 249 of title 18, United States Code.
       (f) Senior Citizens.--Whoever commits any offense described 
     in section 249 of title 18, United States Code, as added by 
     this Act, against any person because of the actual or 
     perceived status of the person as a senior citizen who has 
     attained the age of 65 shall be imprisoned, fined, or both, 
     in accordance with section 249 of title 18, United States 
     Code.
       (g) Law Enforcement Officers.--Whoever commits any offense 
     described in section 249 of title 18, United States Code, as 
     added by this Act, against any person because of the actual 
     or perceived status of the person as a law enforcement 
     officer shall be imprisoned, fined, or both, in accordance 
     with section 249 of title 18, United States Code.
       (h) Unlawful Aliens.--Any alien, whether or not acting 
     under color of law, who while unlawfully present in the 
     United States willfully causes bodily injury to any national 
     of the United States (as defined in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22))) or, 
     through the use of fire, a firearm, or an explosive or 
     incendiary device, attempts to cause bodily injury to a 
     national of the United States--
       (1) shall be imprisoned not more than 10 years, fined in 
     accordance with title 18, United States Code, or both; and
       (2) shall be imprisoned for any term of years or for life, 
     fined in accordance with title 18, United States Code, or 
     both, if--
       (A) death results from the offense; or
       (B) the offense includes kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       (i) Certification Requirement.--The certification 
     requirements under section 249 of title 18, United States 
     Code, as added by this Act, shall also include a 
     certification in writing by the Attorney General, or the 
     designee of the Attorney General, that the State has no law 
     prohibiting the conduct constituting the alleged crimes of 
     the defendant.
       (j) Religious Beliefs.--No prosecution under section 249 of 
     title 18, United States

[[Page S7656]]

     Code, as added by this Act, may be based in whole or in part 
     on religious beliefs quoted from the Bible, the Tanakh, or 
     the Koran.
                                 ______
                                 
  SA 1580. Mr. DeMINT 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. ___. CIRCUMSTANCES.

       The circumstances described in section 249(a)(2)(B) of 
     title 18, United States Code, as added by this Act, shall 
     include that the conduct described in subparagraph (A) of 
     such section 249(a)(2) is committed against a person in the 
     process of practicing the religion of the person in a place 
     of worship (including a Christian church, a Jewish synagogue, 
     or a Muslim mosque) and is without due process or is a form 
     of desecration to the place of worship itself, unless such 
     action is under color of law after due process.
                                 ______
                                 
  SA 1581. Mr. DeMINT 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. ___. UNBORN CHILDREN.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as an unborn child under the circumstances where the 
     crime under such section 249 is also a crime under section 
     1531 of title 18, United States Code, shall be imprisoned, 
     fined, or both, in accordance with section 249 of title 18, 
     United States Code.
                                 ______
                                 
  SA 1582. Mr. DeMINT 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. ___. CERTIFICATION REQUIREMENT.

       The certification requirements under section 249 of title 
     18, United States Code, as added by this Act, shall also 
     include a certification in writing by the Attorney General, 
     or the designee of the Attorney General, that the State has 
     no law prohibiting the conduct constituting the alleged 
     crimes of the defendant.
                                 ______
                                 
  SA 1583. Mr. DeMINT 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. ___. RECRUITERS.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as a recruiter for the United States military shall be 
     imprisoned, fined, or both, in accordance section 249 of 
     title 18, United States Code.
                                 ______
                                 
  SA 1584. Mr. DeMINT 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. ___. SENIOR CITIZENS.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as a senior citizen who has attained the age of 65 
     shall be imprisoned, fined, or both, in accordance with 
     section 249 of title 18, United States Code.
                                 ______
                                 
  SA 1585. Mr. DeMINT 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. ___. SEXUAL ORIENTATION.

       The term ``sexual orientation'' as used in this Act or any 
     amendment made by this Act does not include pedophilia.
                                 ______
                                 
  SA 1586. Mr. DeMINT 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. ___. MEMBERS OF ARMED FORCES.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as a member of the Armed Forces shall be imprisoned, 
     fined, or both, in accordance with section 249 of title 18, 
     United States Code.
                                 ______
                                 
  SA 1587. Mr. DeMINT 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. ___. RELIGIOUS BELIEFS.

       No prosecution under section 249 of title 18, United States 
     Code, as added by this Act, may be based in whole or in part 
     on religious beliefs quoted from the Bible, the Tanakh, or 
     the Koran.
                                 ______
                                 
  SA 1588. Mr. DeMINT 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. ___. LAW ENFORCEMENT OFFICERS.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as a law enforcement officer shall be imprisoned, 
     fined, or both, in accordance with section 249 of title 18, 
     United States Code.
                                 ______
                                 
  SA 1589. Mr. DeMINT 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. ___. PREGNANT WOMEN.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as a pregnant woman shall be imprisoned, fined, or 
     both, in accordance with section 249 of title 18, United 
     States Code.
                                 ______
                                 
  SA 1590. Mr. DeMINT 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:

[[Page S7657]]

     SEC. ___. IMMUTABLE CHARACTERISTICS.

       Whoever commits any offense described in section 249 of 
     title 18, United States Code, as added by this Act, against 
     any person because of the actual or perceived status of the 
     person as possessing any immutable characteristic shall be 
     imprisoned, fined, or both, in accordance with section 249 of 
     title 18, United States Code.
                                 ______
                                 
  SA 1591. Mr. DeMINT 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. ___. INTENT REQUIRED.

       Conduct shall only constitute a violation of section 249 of 
     title 18, United States Code, as added by this Act, if the 
     conduct is committed with intent to intimidate or terrorize 
     the class of persons to which the person against whom the 
     conduct is committed belongs.
                                 ______
                                 
  SA 1592. Mr. DeMINT 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. ___. UNLAWFUL ALIENS.

       Any alien, whether or not acting under color of law, who 
     while unlawfully present in the United States willfully 
     causes bodily injury to any national of the United States (as 
     defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22))) or, through the use 
     of fire, a firearm, or an explosive or incendiary device, 
     attempts to cause bodily injury to a national of the United 
     States--
       (1) shall be imprisoned not more than 10 years, fined in 
     accordance with title 18, United States Code, or both; and
       (2) shall be imprisoned for any term of years or for life, 
     fined in accordance with title 18, United States Code, or 
     both, if--
       (A) death results from the offense; or
       (B) the offense includes kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
                                 ______
                                 
  SA 1593. Mr. CONRAD 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. REPORT ON BONUSES AND INCENTIVES FOR RECRUITMENT 
                   AND RETENTION OF MEMBERS OF THE AIR FORCE IN 
                   NUCLEAR CAREER FIELDS.

       (a) Report Required.--Not later than March 1, 2010, the 
     Secretary of the Air Force shall submit to the congressional 
     defense committees a report assessing the feasibility, 
     advisability, utility, and cost effectiveness of establishing 
     new retention bonuses or assignment incentive pay for members 
     of the Air Force involved in the operation, maintenance, 
     handling, and security of nuclear weapons in order to enhance 
     the recruitment and retention of such members.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of current reenlistment rates, set forth 
     by Air Force Specialty Code, of members of the Air Force 
     serving in positions involving the operation, maintenance, 
     handling, and security of nuclear weapons.
       (2) A description of the current personnel fill rate for 
     Air Force units involved in the operation, maintenance, 
     handling, and security of nuclear weapons.
       (3) An assessment of whether additional retention bonuses 
     or assignment incentive pay could help to improve retention 
     by the Air Force of skilled personnel in the positions 
     described in paragraph (1).
       (4) An assessment of whether assignment incentive pay 
     should be provided for members of the Air Force covered by 
     the Personnel Reliability Program.
       (5) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 1594. Mr. CONRAD (for himself and Mr. Dorgan) 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 B-52H BOMBER AIRCRAFT ADVANCED WEAPONS 
                   CAPABILITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     detailing plans to enhance the combat capabilities of the B-
     52H bomber aircraft through the integration into the aircraft 
     of a MIL-STD-1760 common electrical and digital interface 
     between weapons and the aircraft.
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of the following:
       (1) The military requirement for incorporating smart 
     weapons in the bomb bay of the B-52H bomber aircraft.
       (2) The impact on the precision strike capability of the B-
     52H bomber aircraft resulting from the integration of a MIL-
     STD-1760 interface into the aircraft.
       (3) Anticipated operating costs of the MIL-STD-1760 
     program.
       (4) Anticipated research and development and acquisition 
     costs of the MIL-STD-1760 program.
       (5) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 1595. Mr. BEGICH 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, insert the following:

     SEC. 2832. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Chilkoot Indian Association (in this section 
     referred to as the ``Association'') all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 201 acres located at the former Haines Fuel 
     Terminal (also known as the Haines Tank Farm) in Haines, 
     Alaska, for the purpose of permitting the Association to 
     develop a Deep Sea Port and for other industrial and 
     commercial development purposes. To the extent practicable, 
     the Secretary is encouraged to complete the conveyance by 
     September 30, 2013, but not prior to the date of completion 
     of all obligations referenced in subsection (e).
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the Association shall pay to the 
     Secretary an amount equal to the fair market value of the 
     property, as determined by the Secretary. At the election of 
     the Secretary, the Secretary may accept in-kind consideration 
     in lieu of all or a portion of the cash payment.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, 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 subsection shall be made on the record after an 
     opportunity for a hearing.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     Association 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), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the Association 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 Association.
       (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. 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) Savings Provision.--The Haines Tank Farm is currently 
     under a remedial investigation (RI) for petroleum, oil and 
     lubricants contamination. Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the National Environmental Policy Act (42

[[Page S7658]]

     U.S.C. 4321 et seq.), the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.).
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary.
       (g) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1596. Mr. KERRY (for himself 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:

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

     SEC. 1059. CONDITION-BASED MAINTENANCE DEMONSTRATION 
                   PROGRAMS.

       (a) Tactical Wheeled Vehicles Program.--Not later than 
     October 1, 2010, the Secretary of the Army may complete a 
     condition-based maintenance demonstration program on tactical 
     wheeled vehicles.
       (b) Guided Missile Destroyer Program.--Not later than 
     October 1, 2010, the Secretary of the Navy may conduct a 
     condition-based maintenance demonstration program on the 
     guided missile destroyer class of surface combatant ships.
       (c) Issues to Be Addressed.--The demonstration programs 
     described in subsections (a) and (b) shall address the 
     following:
       (1) The top 10 maintenance issues.
       (2) Nonevidence of failures.
       (3) Projected cost, benefit, and return on investment 
     analysis for a 10-year period.
       (4) Management to cost benefit and return on investment to 
     cost comparison to equivalent commercial applications of 
     condition-based maintenance programs.
       (d) Report.--Not later than December 1, 2010, the Secretary 
     of the Army and the Secretary of the Navy shall submit to the 
     congressional defense committees a report that assesses the 
     condition-based maintenance programs described in subsections 
     (a) and (b) and includes the findings of the Secretary of the 
     Army and the Secretary of the Navy with respect to the issues 
     addressed under subsection (c).
                                 ______
                                 
  SA 1597. Mr. BROWNBACK (for himself and Mr. Bayh) 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 XII, add the following:

     SEC. 1232. SENSE OF THE SENATE ON REDESIGNATION OF NORTH 
                   KOREA AS A STATE SPONSOR OF TERRORISM.

       (a) Findings.--The Senate makes the following findings:
       (1) On October 11, 2008, the Department of State removed 
     North Korea from its list of state sponsors of terrorism, on 
     which it had been placed in 1988.
       (2) North Korea was removed from that list despite its 
     refusal to account fully for its abduction of foreign 
     citizens, proliferation of nuclear and other dangerous 
     technologies and weapon systems to terrorist groups and other 
     state sponsors of terrorism, or its commission of other past 
     acts of terrorism.
       (3) On March 17, 2009, American journalists Euna Lee and 
     Laura Ling were seized near the Chinese-North Korean border 
     by agents of the North Korean government and were 
     subsequently sentenced to 12 years of hard labor in a prison 
     camp in North Korea.
       (4) On April 5, 2009, the Government of North Korea tested 
     a long-range ballistic missile in violation of United Nations 
     Security Council Resolutions 1695 and 1718.
       (5) On April 15, 2009, the Government of North Korea 
     announced it was expelling international inspectors from, and 
     recommissioning, its Yongbyon nuclear facility and ending its 
     participation in disarmament talks.
       (6) Those actions were in violation of the June 26, 2008, 
     announcement by the President of the United States that the 
     removal of North Korea from the list of state sponsors of 
     terrorism was dependent on the Government of North Korea 
     agreeing to a system to verify its declarations with respect 
     to its nuclear programs.
       (7) On May 25, 2009, the Government of North Korea 
     conducted a second illegal nuclear test, in addition to 
     conducting tests of its ballistic missile systems launched in 
     the direction of the western United States.
       (8) North Korea has failed to acknowledge or account for 
     its role in building and supplying the secret nuclear 
     facility at Al Kibar, Syria, has failed to account for all 
     remaining citizens of Japan abducted by North Korea, and, 
     according to recent reports, continues to engage in close 
     cooperation with the terrorist Iranian Revolutionary Guard 
     Corps on ballistic missile technology.
       (9) There have been recent credible reports that North 
     Korea has provided support to the terrorist group Hezbollah, 
     including by providing ballistic missile components and 
     personnel to train members of Hezbollah with respect to the 
     development of extensive underground military facilities in 
     southern Lebanon, including tunnels and bunkers.
       (10) The 2005 and 2006 Country Reports on Terrorism of the 
     Department of State state, with respect to Cuba, Iran, North 
     Korea, and Syria, ``Most worrisome is that some of these 
     countries also have the capability to manufacture WMD and 
     other destabilizing technologies that can get into the hands 
     of terrorists. The United States will continue to insist that 
     these countries end the support they give to terrorist 
     groups.''.
       (11) President Barack Obama stated that actions of the 
     Government of North Korea ``are a matter of grave concern to 
     all nations. North Korea's attempts to develop nuclear 
     weapons, as well as its ballistic missile program, constitute 
     a threat to international peace and security. By acting in 
     blatant defiance of the United Nations Security Council, 
     North Korea is directly and recklessly challenging the 
     international community. North Korea's behavior increases 
     tensions and undermines stability in Northeast Asia. Such 
     provocations will only serve to deepen North Korea's 
     isolation. It will not find international acceptance unless 
     it abandons it pursuit of weapons of mass destruction and 
     their means of delivery.''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Secretary of State should designate North Korea as a 
     country that has repeatedly provided support for acts of 
     international terrorism for purposes of--
       (1) section 6(j) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.));
       (2) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); and
       (3) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371).
                                 ______
                                 
  SA 1598. Mrs. McCASKILL 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 H of title X, add the following:

     SEC. 1083. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE 
                   COVERAGE FOR ADVERSE REACTIONS TO VACCINATIONS 
                   ADMINISTERED BY DEPARTMENT OF DEFENSE.

       (a) In General.--Section 1980A(b)(3) of title 38, United 
     States Code, is amended--
       (1) by striking ``The Secretary'' and inserting ``(A) 
     Except as provided in subparagraph (B), the Secretary''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The Secretary shall not exclude under subparagraph 
     (A) a qualifying loss experienced by a member as a result of 
     an adverse reaction to a vaccination administered by the 
     Department of Defense, whether voluntarily or involuntarily, 
     for the purposes of military accession, training, or 
     deployment.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the provisions of and 
     amendments made by section 1032 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 257).
                                 ______
                                 
  SA 1599. Mr. BEGICH 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, insert the following:

     SEC. 2832. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Chilkoot Indian Association (in this section 
     referred to as the ``Association'') all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 201 acres located at the former Haines Fuel 
     Terminal (also known as the Haines Tank Farm) in Haines, 
     Alaska, for the purpose of permitting the Association to 
     develop a Deep Sea Port and for other industrial and 
     commercial development purposes. To the extent practicable, 
     the Secretary is encouraged to complete the conveyance by 
     September 30, 2013, but not prior to the date

[[Page S7659]]

     of completion of all obligations referenced in subsection 
     (e).
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the Association shall pay to the 
     Secretary an amount equal to the fair market value of the 
     property, as determined by the Secretary. The determination 
     of the Secretary shall be final.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, 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 subsection shall be made on the record after an 
     opportunity for a hearing.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     Association 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), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the Association 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 Association.
       (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. 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) Savings Provision.--The Haines Tank Farm is currently 
     under a remedial investigation (RI) for petroleum, oil and 
     lubricants contamination. Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the National Environmental Policy Act (42 U.S.C. 4321 et 
     seq.), the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary.
       (g) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1600. Mr. NELSON (for himself and Mr. Graham) 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. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL 
                   EDUCATIONAL AGENCIES FOR DEPENDENT CHILDREN OF 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct an audit of the utilization by local 
     educational agencies of the assistance specified in 
     subsection (b) provided to such agencies for fiscal years 
     2001 through 2009 for the education of dependent children of 
     members of the Armed Forces. The audit shall include--
       (1) an evaluation of the utilization of such assistance by 
     such agencies; and
       (2) an assessment of the effectiveness of such assistance 
     in improving the quality of education provided to dependent 
     children of members of the Armed Forces.
       (b) Assistance Specified.--The assistance specified in this 
     subsection is--
       (1) assistance provided under--
       (A) section 572 the National Defense Authorization Act for 
     Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 
     U.S.C. 7703b);
       (B) section 559 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 1917);
       (C) section 536 of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1474);
       (D) section 341 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2514);
       (E) section 351 of the National Defense Authorization Act 
     for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1063); or
       (F) section 362 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-76); and
       (2) payments made under section 363 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 
     20 U.S.C. 7703a).
       (c) Report.--Not later than March 1, 2010, the Comptroller 
     General shall submit to the congressional defense committees 
     a report containing the results of the audit required by 
     subsection (a).
                                 ______
                                 
  SA 1601. Mr. NELSON of Nebraska (for himself and Mr. Graham) 
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 429, between lines 8 and 9, insert the following:

     SEC. 1073. REPORT ON DEFENSE TRAVEL SIMPLIFICATION.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth a comprehensive plan to simplify defense travel.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) A comprehensive discussion of aspects of the Department 
     of Defense travel system that are most confusing, 
     inefficient, and in need of revision.
       (2) Critical review of opportunities to streamline and 
     simplify defense travel policies and to reduce travel-related 
     costs to the Department of Defense.
       (3) Options to leverage industry capabilities that could 
     enhance management responsiveness to changing markets.
       (4) A discussion of pilot programs that could be undertaken 
     to prove the merit of improvements identified in 
     accomplishing actions specified in paragraphs (1) and (2), 
     including recommendations for legislative authority.
       (5) Such recommendations and an implementation plan for 
     legislative or administrative action as the Secretary of 
     Defense considers appropriate to improve defense travel.
                                 ______
                                 
  SA 1602. Mr. DeMINT (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 483, between lines 8 and 9, insert the following:

     SEC. 1232. STRATEGIC REVIEW OF BASING PLANS FOR THE UNITED 
                   STATES EUROPEAN COMMAND.

       (a) Report Requirement.--Concurrent with the delivery of 
     the report on the 2009 quadrennial defense review required by 
     section 118 of title 10, United States Code, the Secretary of 
     Defense, in coordination with the combatant commander of the 
     United States European Command, shall submit to the 
     appropriate congressional committees a report on the plan for 
     basing of forces in the European theater. The report shall 
     include a description of--
       (1) how the plan supports the United States national 
     security strategy;
       (2) how the plan satisfies the commitments undertaken by 
     the United States pursuant to Article 5 of the North Atlantic 
     Treaty, signed at Washington, District of Columbia, on April 
     4, 1949, and entered into force on August 24, 1949 (63 Stat. 
     2241; TIAS 1964);
       (3) how the plan addresses the current security environment 
     in Europe, including United States participation in theater 
     cooperation activities;
       (4) how the plan contributes to peace and stability in 
     Europe; and
       (5) the impact that a permanent change in the basing of a 
     unit currently assigned to the United States European Command 
     would have on the matters described in paragraphs (1) through 
     (4).
       (b) Notification Requirement.--The Secretary of Defense 
     shall notify Congress at least 30 days before the permanent 
     relocation of a unit stationed outside the continental United 
     States as of the date of the enactment of this Act.
       (c) Definitions.--In this section:
       (1) Unit.--The term ``unit'' has the meaning determined by 
     the Secretary of Defense for purposes of this section.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives; and
       (C) the Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
                                 ______
                                 
  SA 1603. Mr. DeMINT submitted an amendment intended to be proposed by

[[Page S7660]]

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. COMPTROLLER GENERAL REVIEW OF FISCAL YEAR 2009 
                   SPENDING BY THE DEPARTMENT OF DEFENSE.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense is under increasing budgetary 
     pressure with the exponential rise in costs of weapon systems 
     and personnel entitlements.
       (2) Military departments in the Department of Defense are 
     punished if they do not deplete all funds in their 
     organizational accounts by the end of the fiscal year through 
     a reduction in the allocation to such accounts for the next 
     fiscal year.
       (3) The end-of-year spending spree by military departments 
     using ``fallout'' funds is executed in a condensed time frame 
     that leads to wasteful spending practices and the purchase of 
     unnecessary equipment and supplies.
       (b) Review of Spending by the Comptroller General.--The 
     Comptroller General of the United States, in consultation 
     with the Under Secretary of Defense (Comptroller), shall 
     conduct a review of the obligation and expenditure by the 
     Department of Defense of amounts appropriated to the 
     Department for fiscal year 2009, with particular focus on the 
     obligation and expenditure of such amounts near the end of 
     the fiscal year to determine if policies with respect to 
     spending by the Department contribute to hastened spending 
     and poor use or waste of taxpayer dollars.
       (c) Report.--Not later than the earlier of March 30, 2010, 
     or the date that is 180 days after the date of the enactment 
     of this Act, the Comptroller General shall submit to Congress 
     a report containing--
       (1) the results of the review conducted under subsection 
     (b); and
       (2) any recommendations of the Comptroller General with 
     respect to improving the policies pursuant to which amounts 
     appropriated to the Department of Defense are obligated and 
     expended.
                                 ______
                                 
  SA 1604. Mr. DeMINT 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. ___. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Subsection (b) of section 714 of title 31, 
     United States Code, is amended by striking all after ``shall 
     audit an agency'' and inserting a period.
       (b) Audit.--Section 714 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) Audit and Report of the Federal Reserve System.--
       ``(1) In general.--The audit of the Board of Governors of 
     the Federal Reserve System and the Federal reserve banks 
     under subsection (b) shall be completed before the end of 
     2010.
       ``(2) Report.--
       ``(A) Required.--A report on the audit referred to in 
     paragraph (1) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed, and shall be 
     made available to the Speaker of the House, the majority and 
     minority leaders of the House of Representatives, the 
     majority and minority leaders of the Senate, the Chairman and 
     Ranking Member of the committee and each subcommittee of 
     jurisdiction in the House of Representatives and the Senate, 
     and any other Member of Congress who requests it.
       ``(B) Contents.--The report under subparagraph (A) shall 
     include a detailed description of the findings and conclusion 
     of the Comptroller General with respect to the audit that is 
     the subject of the report, together with such recommendations 
     for legislative or administrative action as the Comptroller 
     General may determine to be appropriate.''.
                                 ______
                                 
  SA 1605. Mr. DeMINT 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:

       Strike section 121.
                                 ______
                                 
  SA 1606. Mrs. McCASKILL 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 XXXI, add the following:

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

       (a) Findings.--The Senate makes the following findings:
       (1) There are fewer than five reactors around the world 
     currently capable of producing molybdenum-99 (Mo-99) and 
     there are no such reactors in the United States that can 
     provide a reliable supply of Mo-99 to meet domestic medical 
     needs.
       (2) Since November 2007, there have been major disruptions 
     in the global availability of Mo-99, including at facilities 
     in Canada and the Netherlands, which have led to shortages of 
     Mo-99-based medical products in the United States and around 
     the world.
       (3) Ensuring a reliable, domestically produced supply of 
     medical radioisotopes, including Mo-99, is of great 
     importance to the public health of the United States.
       (4) It is also a national security priority of the United 
     States, and specifically of the Department of Energy, to 
     encourage the production of low-enriched uranium-based 
     radioisotopes in order to promote a more peaceful 
     international nuclear order.
       (5) The National Academy of Sciences has identified a need 
     to establish a reliable capability in the United States for 
     the production of Mo-99 and its derivatives for medical 
     purposes using low-enriched uranium.
       (6) There also exists a capable industrial base in the 
     United States that can support the development of Mo-99 
     production facilities and can conduct the processing and 
     distribution of radiopharmaceutical products for use in 
     medical tests.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) radioisotopes and radiopharmaceuticals, including Mo-99 
     and its derivatives, are essential components of medical 
     tests that help diagnose and treat life-threatening diseases 
     affecting millions of people in the United States each year; 
     and
       (2) the Secretary of Energy should continue and expand a 
     program to ensure a reliable domestic source of Mo-99 and its 
     derivatives for use in medical tests to help ensure the 
     health security of the United States and promote peaceful 
     nuclear industries through the use of low-enriched uranium.
                                 ______
                                 
  SA 1607. Mr. KYL (for himself, Mr. Inhofe, Mr. DeMint, Mr. Sessions, 
Mr. Martinez, Mr. Vitter, and Mr. Risch) 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 H of title X, add the following:

     SEC. 1083. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION 
                   ON THE STRATEGIC POSTURE OF THE UNITED STATES.

       (a) Findings.--Congress makes the following findings:
       (1) Congress is grateful for the service and leadership of 
     the members of the bipartisan Congressional Commission on the 
     Strategic Posture of the United States, who, pursuant to 
     section 1062 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 319), spent 
     more than one year examining the strategic posture of the 
     United States in all of its aspects: deterrence strategy, 
     missile defense, arms control initiatives, and 
     nonproliferation strategies.
       (2) The Commission, comprised of some of the most 
     preeminent scholars and technical experts in the United 
     States in the subject matter, found a bipartisan consensus on 
     these issues in its Final Report made public on May 6, 2009.
       (3) Congress appreciates the service of former Secretary of 
     Defense William Perry, former Secretary of Defense and Energy 
     James Schlesinger, former Senator John Glenn, former 
     Congressman Lee Hamilton, Ambassador James Woolsey, Doctors 
     John Foster, Fred Ikle, Keith Payne, Morton Halperin, Ellen 
     Williams, Bruce Tarter, and Harry Cartland, and the United 
     States Institute of Peace.
       (4) The Commission reached bipartisan consensus on more 
     than 100 recommendations with only one issue not having 
     bipartisan support.
       (5) Congress values the work of the Commission and pledges 
     to work with President Barack Obama to address the findings 
     and review and consider the recommendations of the 
     Commission.
       (b) Extension of Sunset.--Section 1062 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 319) is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (2) in subsection (h), as redesignated by paragraph (1), by 
     striking ``June 1, 2009'' and inserting ``September 30, 
     2010''; and

[[Page S7661]]

       (3) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Follow-on Report.--Not later than May 1, 2010, the 
     commission shall submit to the President, the Secretary of 
     Defense, the Secretary of Energy, the Secretary of State, the 
     Committee on Armed Services of the Senate, the Committee on 
     Foreign Relations of the Senate, the Committee on Armed 
     Services of the House of Representatives, and the Committee 
     on Foreign Affairs of the House of Representatives a follow-
     on report to the report submitted under subsection (e). With 
     respect to the matters described under subsection (c), the 
     follow-on report shall include, at a minimum, the following:
       ``(1) A review of--
       ``(A) the nuclear posture review required by section 1070; 
     and
       ``(B) the Quadrennial Defense Review required to be 
     submitted under section 118 of title 10, United States Code.
       ``(2) A review of legislative actions taken by the 111th 
     Congress.''.
                                 ______
                                 
  SA 1608. Mr. KYL 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 in title X, insert the following:

     SEC. __. COMPTROLLER GENERAL REPORT ON STOCKPILE STEWARDSHIP 
                   PROGRAM.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the congressional defense committees a report on 
     the progress of the Stockpile Stewardship Program since its 
     inception and the remaining challenges facing the program. 
     The report shall include recommendations for ensuring--
       (1) the preservation of the core intellectual and technical 
     competencies of the United States in nuclear weapons, 
     including weapons design, system integration, manufacturing, 
     security, use control, reliability assessment, and 
     certification; and
       (2) the safety, security, and reliability of the nuclear 
     weapons stockpile without the use of underground nuclear 
     weapons testing.
                                 ______
                                 
  SA 1609. Mr. KYL 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 478, between lines 21 and 22, insert the following:
       (E) a list of all investments in the energy sector of Iran 
     and assessment of whether any person making such an 
     investment is transacting any economic activity in the United 
     States, including with the United States Government;
                                 ______
                                 
  SA 1610. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 1511 proposed by Mr. Leahy (for himself, Ms. Collins, 
Mr. Kennedy, Ms. Snowe, Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. 
Durbin, Mr. Cardin, Mr. Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. 
Franken, Ms. Mikulski, Mr. Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. 
Shaheen, Mr. Kerry, Mr. Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. 
Wyden, Mr. Casey, Ms. Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. 
Boxer, Mr. Brown, Mr. Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. 
Bingaman, Mr. Kaufman, Mr. Inouye, Ms. Stabenow, and Mr. Reid) 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:

       Strike page 16, line 24 through page 17, line 7 and insert 
     the following:

     SEC. ___. CONSTRUCTION AND APPLICATION.

       Nothing in this division, or an amendment made by this 
     division, shall be construed or applied in a manner that 
     infringes on any rights under the first amendment to the 
     Constitution of the United States, or substantially burdens 
     any exercise of religion (regardless of whether compelled by, 
     or central to, a system of religious belief), speech, 
     expression, association, if such exercise of religion, 
     speech, expression, or association was not intended to--
       (1) plan or prepare for an act of physical violence; or
       (2) incite an imminent act of physical violence against 
     another.
                                 ______
                                 
  SA 1611. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 1511 proposed by Mr. Leahy (for himself, Ms. Collins, Mr. 
Kennedy, Ms. Snowe, Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin, 
Mr. Cardin, Mr. Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken, 
Ms. Mikulski, Mr. Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. Shaheen, 
Mr. Kerry, Mr. Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr. 
Casey, Ms. Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr. 
Brown, Mr. Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr. 
Kaufman, Mr. Inouye, Ms. Stabenow, and Mr. Reid) 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 appropriate place, insert the following:

     SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) In General.--Notwithstanding any other provision of 
     this Act, division E of this Act (relating to hate crimes), 
     and the amendments made by that division, shall have no force 
     or effect.
       (b) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall, if possible, 
     select 10 jurisdictions with laws classifying certain types 
     of offenses as relevant offenses and 10 jurisdictions without 
     such laws from which to collect the data described in 
     subparagraph (C) over a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (c) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (d) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.

[[Page S7662]]

       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2010, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2010 and 2011 to carry out this section.
                                 ______
                                 
  SA 1612. 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 ``the Committees on Armed 
     Services and Commerce, Science, and Transportation of the 
     Senate and the Committees on Armed Services, Energy and 
     Commerce, and Transportation and Infrastructure of the House 
     of Representatives''; 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 1613. Mr. LEAHY proposed an amendment to amendment SA 1511 
proposed by Mr. Leahy (for himself, Ms. Collins, Mr. Kennedy, Ms. 
Snowe, Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin, Mr. Cardin, 
Mr. Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken, Ms. Mikulski, 
Mr. Merkley, Mrs. Gillibrand, Mr. Menendez Mrs. Shaheen, Mr. Kerry, Mr. 
Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr. Casey, Ms. 
Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr. Brown, Mr. 
Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr. Kaufman, 
Mr. Inouye, Ms. Stabenow, and Mr. Reid) 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 the amendment, insert the following:
       (b) First Amendment.--Nothing in this division, or an 
     amendment made by this division, shall be construed to 
     diminish any rights under the first amendment to the 
     Constitution of the United States.
       (c) Constitutional Protections.--Nothing in this division 
     shall be construed to prohibit any constitutionally protected 
     speech, expressive conduct or activities (regardless of 
     whether compelled by, or central to, a system of religious 
     belief), including the exercise of religion protected by the 
     first amendment to the Constitution of the United States and 
     peaceful picketing or demonstration. The Constitution does 
     not protect speech, conduct or activities consisting of 
     planning for, conspiring to commit, or committing an act of 
     violence.
                                 ______
                                 
  SA 1614. Mr. LEAHY 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. __. LIMITATION ON PROSECUTIONS.

       (a) In General.--All prosecutions under section 249 of 
     title 18, United States Code, as added by this Act, shall be 
     undertaken pursuant to guidelines issued by the Attorney 
     General.
       (1) to guide the exercise of the discretion of Federal 
     prosecutors and the Attorney General in their decisions 
     whether to seek death sentences under such section when the 
     crime results in a loss of life; and
       (2) that identify with particularity the type of facts of 
     such cases that will support the classification of individual 
     cases in term of their culpability and death eligibility as 
     low, medium, and high.
       (b) Requirements for Death Penalty.--If the Government 
     seeks a death sentence in crime under section 249 of title 
     18, United States Code, as added by this Act, that results in 
     a loss of life--
       (1) the Attorney General shall certify with particularity 
     in the information or indictment how the facts of the case 
     support the Government's judgment that the case is properly 
     classified among the cases involving a hate crime that 
     resulted in a victim's death;
       (2) the Attorney General shall document in a filing to the 
     court--
       (A) the facts of the crime (including date of offense and 
     arrest and location of the offense), charges, convictions, 
     and sentences of all state and Federal hate crimes (committed 
     before or after the effective date of this legislation) that 
     resulted in a loss of life and were known to the Assistant 
     United States Attorney or the Attorney General; and
       (B) the actual or perceived race, color, national origin, 
     ethnicity, religion, gender, sexual orientation, gender 
     identity, or disability of the defendant and all victims; and
       (3)(A) the court, either at the close of the guilt trial or 
     at the close of the penalty trial, shall conduct a 
     proportionality review in which it shall examine whether the 
     prosecutorial death seeking and death sentencing rates in 
     comparable cases in Federal prosecutions are both greater 
     than 50 percent; and
       (B) if the State fails to satisfy the test under 
     subparagraph (A), by a preponderance of the evidence, the 
     court shall dismiss the Government's action seeking a death 
     sentence in the case.
                                 ______
                                 
  SA 1615. 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:

       At the appropriate place insert the following:
     title, or both, and shall be subject to the penalty of death 
     in accordance with chapter 228, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B) or paragraph (3), willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, a dangerous 
     weapon, or an explosive or incendiary device, attempts to 
     cause bodily injury to any person, because of the actual or 
     perceived religion, national origin, gender, sexual 
     orientation, gender identity or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, and shall 
     be subject to the penalty of death in accordance with chapter 
     228, if--
                                 ______
                                 
  SA 1616. Mr. SESSION 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

[[Page S7663]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. ATTACKS ON UNITED STATES SERVICEMEN.

       (a) In General.--Chapter 67 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1389. Prohibition on attacks on United States 
       servicemen on account of service

       ``(a) In General.--Whoever knowingly assaults or batters a 
     United States serviceman or an immediate family member of a 
     United States serviceman, or who knowingly destroys or 
     injures the property of such serviceman or immediate family 
     member, on account of the military service of that serviceman 
     or status of that individual as a United States serviceman, 
     or who attempts or conspires to do so, shall--
       ``(1) in the case of a simple assault, or destruction or 
     injury to property in which the damage or attempted damage to 
     such property is not more than $500, be fined under this 
     title in an amount not less than $500 nor more than $10,000 
     and imprisoned not more than 2 years;
       ``(2) in the case of destruction or injury to property in 
     which the damage or attempted damage to such property is more 
     than $500, be fined under this title in an amount not less 
     than $1000 nor more than $100,000 and imprisoned not more 
     than 5 years; and
       ``(3) in the case of a battery, or an assault resulting in 
     bodily injury, be fined under this title in an amount not 
     less than $2500 and imprisoned not less than 16 months nor 
     more than 10 years.
       ``(b) Exception.--This section shall not apply to conduct 
     by a person who is subject to the Uniform Code of Military 
     Justice.
       ``(c) Definitions.--In this section--
       ``(1) the term `Armed Forces' has the meaning given that 
     term in section 1388;
       ``(2) the term `immediate family member' has the meaning 
     given that term in section 115; and
       ``(3) the term `United States serviceman'--
       ``(A) means a member of the Armed Forces; and
       ``(B) includes a former member of the Armed Forces during 
     the 5-year period beginning on the date of the discharge from 
     the Armed Forces of that member of the Armed Forces.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 67 of title 18, United States Code, is 
     amended by adding at the end the following:

``1389. Prohibition on attacks on United States servicemen on account 
              of service.''.
                                 ______
                                 
  SA 1617. 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:

       At the appropriate place, insert the following:
       ``(3) Regulations.--All prosecutions conducted by the 
     United States pursuant to this section shall be undertaken 
     pursuant to guidelines issued by the Attorney General that 
     shall establish neutral and objective criteria for 
     determining whether a crime was motivated by the status of 
     the victim.
                                 ______
                                 
  SA 1618. Mr. THUNE (for himself, Mr. Vitter, Mr. Enzi, Mr. Barrasso, 
and Mr. Coburn) 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 H of title X, add the following:

     SEC. 1083. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED 
                   FIREARMS.

       (a) Findings.--Congress finds the following:
       (1) The second amendment to the Constitution of the United 
     States protects the right of an individual to keep and bear 
     arms, including for purposes of individual self-defense.
       (2) The right to bear arms includes the right to carry arms 
     for self-defense and the defense of others.
       (3) Congress has previously enacted legislation for 
     national authorization of the carrying of concealed firearms 
     by qualified active and retired law enforcement officers.
       (4) Forty-eight States provide by statute for the issuance 
     of permits to carry concealed firearms to individuals, or 
     allow the carrying of concealed firearms for lawful purposes 
     without need for a permit.
       (5) The overwhelming majority of individuals who exercise 
     the right to carry firearms in their own States and other 
     States have proven to be law-abiding, and such carrying has 
     been demonstrated to provide crime prevention or crime 
     resistance benefits for the licensees and for others.
       (6) Congress finds that the prevention of lawful carrying 
     by individuals who are traveling outside their home State 
     interferes with the constitutional right of interstate 
     travel, and harms interstate commerce.
       (7) Among the purposes of this Act is the protection of the 
     rights, privileges, and immunities guaranteed to a citizen of 
     the United States by the fourteenth amendment to the 
     Constitution of the United States.
       (8) Congress therefore should provide for the interstate 
     carrying of firearms by such individuals in all States that 
     do not prohibit the carrying of concealed firearms by their 
     own residents.
       (b) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following:

     ``Sec. 926D. Reciprocity for the carrying of certain 
       concealed firearms

       ``(a) Notwithstanding any provision of the law of any State 
     or political subdivision thereof--
       ``(1) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and who is carrying a government-issued photographic 
     identification document and a valid license or permit which 
     is issued pursuant to the law of a State and which permits 
     the person to carry a concealed firearm, may carry a 
     concealed firearm in any State other than the State of 
     residence of the person that--
       ``(A) has a statute that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms 
     by residents of the State for lawful purposes;
       ``(2) a person who is not prohibited by Federal law from 
     possessing, transporting, shipping, or receiving a firearm, 
     and who is carrying a government-issued photographic 
     identification document and is entitled to carry a concealed 
     firearm in the State in which the person resides otherwise 
     than as described in paragraph (1), may carry a concealed 
     firearm in any State other than the State of residence of the 
     person that--
       ``(A) has a statute that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms; or
       ``(B) does not prohibit the carrying of concealed firearms 
     by residents of the State for lawful purposes.
       ``(b) A person carrying a concealed firearm under this 
     section shall--
       ``(1) in a State that does not prohibit the carrying of a 
     concealed firearms by residents of the State for lawful 
     purposes, be entitled to carry such firearm subject to the 
     same laws and conditions that govern the specific places and 
     manner in which a firearm may be carried by a resident of the 
     State; or
       ``(2) in a State that allows residents of the State to 
     obtain licenses or permits to carry concealed firearms, be 
     entitled to carry such a firearm subject to the same laws and 
     conditions that govern specific places and manner in which a 
     firearm may be carried by a person issued a permit by the 
     State in which the firearm is carried.
       ``(c) In a State that allows the issuing authority for 
     licenses or permits to carry concealed firearms to impose 
     restrictions on the carrying of firearms by individual 
     holders of such licenses or permits, a firearm shall be 
     carried according to the same terms authorized by an 
     unrestricted license of or permit issued to a resident of the 
     State.
       ``(d) Nothing in this section shall be construed to--
       ``(1) effect the permitting process for an individual in 
     the State of residence of the individual; or
       ``(2) preempt any provision of State law with respect to 
     the issuance of licenses or permits to carry concealed 
     firearms.''.
       (c) Clerical Amendment.--The table of sections for chapter 
     44 of title 18 is amended by inserting after the item 
     relating to section 926C the following:

``926D. Reciprocity for the carrying of certain concealed firearms.''.

       (d) Severability.--Notwithstanding any other provision of 
     this Act, if any provision of this section, or any amendment 
     made by this section, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, this section and amendments made by this 
     section and the application of such provision or amendment to 
     other persons or circumstances shall not be affected thereby.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.

                          ____________________