[Congressional Record Volume 155, Number 112 (Thursday, July 23, 2009)]
[Senate]
[Pages S8045-S8060]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1767. Mr. BAYH (for himself and Mr. Kennedy) 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:

       On page 39, strike lines 4 through 17, and insert the 
     following:

     SEC. 211. CONTINUED DEVELOPMENT OF COMPETITIVE PROPULSION 
                   SYSTEM FOR THE JOINT STRIKE FIGHTER PROGRAM.

       (a) In General.--Of the amounts authorized to be 
     appropriated or otherwise made available for fiscal year 2010 
     for research, development, test, and evaluation for the F-35 
     Lightning II aircraft program, not more than 90 percent may 
     be obligated until the Secretary of Defense submits to the 
     congressional defense committees a written certification that 
     sufficient funds have been obligated for fiscal year 2010 for 
     the continued development of a competitive propulsion system 
     for the F-35 Lightning II aircraft to ensure that system 
     development and demonstration continues under the program 
     during fiscal year 2010.
       (b) Additional Amount for UH-1Y/AH-1Z Rotary Wing 
     Aircraft.--The amount authorized to be appropriated by 
     section 102(a)(1) for aircraft procurement for the Navy is 
     hereby increased by $282,900,000, with the amount of the 
     increase to be allocated to amounts available for the 
     procurement of UH-1Y/AH-1Z rotary wing aircraft.
       (c) Restoration of Management Reserves for F-35 Joint 
     Strike Fighter Program.--
       (1) Navy joint strike fighter.--The amount authorized to be 
     appropriated by section 201(a)(2) for research, development, 
     test, and evaluation for the Navy is hereby increased by 
     $78,000,000, with the amount of the increase to be allocated 
     to amounts available for the Joint Strike Fighter program (PE 
     # 0604800N) for management reserves.
       (2) Air force joint strike fighter.--The amount authorized 
     to be appropriated by section 201(a)(3) for research, 
     development, test, and evaluation for the Air Force is hereby 
     increased by $78,000,000, with the amount of the increase to 
     be allocated to amounts available for the Joint Strike 
     Fighter program (PE # 0604800F) for management reserves.
       (d) Offset.--The amount authorized to be appropriated by 
     section 103(1) for aircraft procurement for the Air Force is 
     hereby decreased by $438,900,000, with the amount of the 
     decrease to be derived from amounts available for airlift 
     aircraft for the HC/MC-130 recapitalization program.
                                 ______
                                 
  SA 1768. 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:

       Strike section 731 and insert the following:

     SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COGNITIVE 
                   REHABILITATIVE THERAPY SERVICES UNDER THE 
                   TRICARE PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense may, in 
     consultation with the entities and officials referred to in 
     subsection (d), carry out a pilot program under the TRICARE 
     program to determine the feasibility and advisability of 
     expanding the availability of cognitive rehabilitative 
     therapy services for members or former members of the Armed 
     Forces described in subsection (b).
       (b) Covered Members and Former Members.--A member or former 
     member of the Armed Forces is described in this subsection 
     if--

[[Page S8046]]

       (1) the member or former member--
       (A) is otherwise eligible for medical care under the 
     TRICARE program;
       (B) has been diagnosed with a moderate to severe traumatic 
     brain injury incurred in the line of duty in Operation Iraqi 
     Freedom or Operation Enduring Freedom;
       (C) is retired or separated from the Armed Forces for 
     disability under chapter 61 of title 10, United States Code; 
     and
       (D) is referred by a qualified physician for cognitive 
     rehabilitative therapy; and
       (2) cognitive rehabilitative therapy is not reasonably 
     available to the member or former member through the 
     Department of Veterans Affairs.
       (c) Elements of Pilot Program.--The Secretary of Defense 
     shall, in consultation with the entities and officials 
     referred to in subsection (d), develop for inclusion in the 
     pilot program the following:
       (1) Procedures for access to cognitive rehabilitative 
     therapy services.
       (2) Qualifications and supervisory requirements for 
     licensed and certified health care professionals providing 
     such services.
       (3) A methodology for reimbursing providers for such 
     services.
       (d) Entities and Officials to Be Consulted.--The entities 
     and officials referred to in this subsection are the 
     following:
       (1) The Secretary of Veterans Affairs.
       (2) The Defense Centers of Excellence for Psychological 
     Health and Traumatic Brain Injury.
       (3) Relevant national organizations with experience in 
     treating traumatic brain injury.
       (e) Report.--Not later than 18 months 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--
       (1) evaluating the effectiveness of the pilot program in 
     providing increased access to safe, effective, and quality 
     cognitive rehabilitative therapy services for members and 
     former members of the Armed Forces described in subsection 
     (b); and
       (2) making recommendations with respect to the 
     effectiveness of cognitive rehabilitative therapy services 
     and the appropriateness of including such services as a 
     benefit under the TRICARE program.
       (f) TRICARE Program Defined.--The term ``TRICARE program'' 
     has the meaning given that term in section 1072(7) of title 
     10, United States Code.
       (g) Funding.--Of the amount authorized to be appropriated 
     by section 1403 for the Defense Health Program, not more than 
     $5,000,000 may be available to carry out the pilot program 
     under this section.
                                 ______
                                 
  SA 1769. Mr. LEVIN (for himself, Mr. Kerry, and Mr. Lugar) 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. REMOVAL OF RUSSIAN FEDERATION FROM JACKSON-VANIK 
                   APPLICATION.

       (a) In General.--On and after the date of the enactment of 
     this Act, sections 402, 407(b), and 409 of the Trade Act of 
     1974 (19 U.S.C. 2432, 2437(b), and 2439) shall not apply to 
     the Russian Federation or its products.
       (b) Continuation of Application of Remaining Provisions of 
     Title IV.--The provisions of title IV of the Trade Act of 
     1974, other than the provisions listed in subsection (a), 
     shall continue to apply to the Russian Federation until 
     legislation is enacted into law that grants normal trade 
     relations treatment to the Russian Federation.
                                 ______
                                 
  SA 1770. Mr. CASEY 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 214, between lines 20 and 21, insert the following:
       (3) Assessments of members discharged or released upon 
     return from deployment.--In the case of a member of the Armed 
     Forces who is discharged or released from the Armed Forces 
     upon the member's return from deployment, the Secretary of 
     Defense shall, to the extent practicable, make available the 
     opportunity for such member to participate in the mental 
     health assessments required under subparagraph (C) of 
     paragraph (1) together with the unit with which the member 
     was previously deployed, without regard to the terms of such 
     discharge or release.
                                 ______
                                 
  SA 1771. Mr. THUNE 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 subtitle H of title X, add the following:

     SEC. 1083. ADDITIONAL MEMBERS AND DUTIES FOR INDEPENDENT 
                   PANEL TO ASSESS THE QUADRENNIAL DEFENSE REVIEW.

       (a) Additional Members.--
       (1) In general.--For purposes of conducting the assessment 
     of the 2009 quadrennial defense review under section 118 of 
     title 10, United States Code (in this subsection referred to 
     as the ``2009 QDR''), the independent panel established under 
     subsection (f) of such section (in this section referred to 
     as the ``Panel'') shall include ten members to be appointed 
     as follows:
       (A) Two by the chairman of the Committee on Armed Services 
     of the House of Representatives.
       (B) Two by the chairman of the Committee on Armed Services 
     of the Senate.
       (C) Two by the ranking member of the Committee on Armed 
     Services of the House of Representatives.
       (D) Two by the ranking member of the Committee on Armed 
     Services of the Senate.
       (E) Two by the Secretary of Defense.
       (2) Period of appointment; vacancies.--Any vacancy in an 
     appointment to the Panel under paragraph (1) shall be filled 
     in the same manner as the original appointment.
       (b) Additional Duties of Panel for 2009 QDR.--In addition 
     to the duties of the Panel under section 118(f) of title 10, 
     United States Code, the Panel shall, with respect to the 2009 
     QDR--
       (1) conduct an independent assessment of a variety of 
     possible force structures of the Armed Forces, including the 
     force structure identified in the report of the 2009 QDR; and
       (2) made any recommendations it considers appropriate for 
     consideration.
       (c) Report of Secretary of Defense.--Not later than 30 days 
     after the Panel submits its report with respect to the 2009 
     QDR under section 118(f)(2) of title 10, United States Code, 
     the Secretary of Defense, after consultation with the 
     Chairman of the Joint Chiefs of Staff, shall submit to the 
     congressional defense committees any comments of the 
     Secretary on the report of the Panel.
       (d) Termination.--This provisions of this section shall 
     terminate on the day that is 45 days after the date on which 
     the Panel submits its report with respect to the 2009 QDR 
     under section 118(f)(2) of title 10, United States Code.
                                 ______
                                 
  SA 1772. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

             Subtitle I--Quadrennial Defense Review Matters

     SEC. 1091. NATIONAL DEFENSE PANEL.

       (a) Establishment.--There is established a bipartisan, 
     independent panel to be known as the National Defense Panel 
     (in this section referred to as the ``Panel'').
       (b) Membership.--The Panel shall be composed of twelve 
     members who are recognized experts in matters relating to the 
     national security of the United States. The members shall be 
     appointed as follows:
       (1) Three by the chairman of the Committee on Armed 
     Services of the House of Representatives.
       (2) Three by the chairman of the Committee on Armed 
     Services of the Senate.
       (3) Three by the ranking member of the Committee on Armed 
     Services of the House of Representatives.
       (4) Three by the ranking member of the Committee on Armed 
     Services of the Senate.
       (c) Co-Chairs of the Panel.--The chairman of the Committee 
     on Armed Services of the House of Representatives and the 
     chairman of the Committee of Armed Services of the Senate 
     shall each designate one of their appointees under subsection 
     (b) to serve as co-chair of the panel.
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Panel. Any vacancy in the Panel 
     shall be filled in the same manner as the original 
     appointment.
       (e) Duties.--The Panel shall--
       (1) review the national defense strategy, the national 
     military strategy, the Secretary of Defense's terms of 
     reference, and any other materials providing the basis for, 
     or substantial inputs to, the work of the Department of 
     Defense on the 2009 quadrennial defense review under section 
     118 of title 10, United States Code (in this subsection 
     referred to as the ``2009 QDR''), as well as the 2009 QDR 
     itself;
       (2) conduct an assessment of the assumptions, strategy, 
     findings, costs, and risks in the report of the 2009 QDR 
     under subsection (d) of such section, with particular 
     attention paid to the risks described in that report;
       (3) submit to the Committees on Armed Services of the 
     Senate and House of Representatives and the Secretary an 
     independent assessment of a variety of possible

[[Page S8047]]

     force structures of the Armed Forces, including the force 
     structure identified in the report of the 2009 QDR, suitable 
     to meet the requirements identified in the review required in 
     paragraph (1);
       (4) to the extent practicable, estimate the funding 
     required by fiscal year, in constant fiscal year 2010 
     dollars, to organize, equip, and support the forces 
     contemplated under the force structures included in the 
     assessment under paragraph (3); and
       (5) provide to the Committees on Armed Services of the 
     Senate and House of Representatives and the Secretary of 
     Defense, through the reports under subsection (g), any 
     recommendations it considers appropriate for their 
     consideration.
       (f) First Meeting.--The Panel shall hold its first meeting 
     not later than 30 days after the date on which all 
     appointments to the Panel under paragraphs (1), (2), (3), and 
     (4) of subsection (b) have been made.
       (g) Reports.--
       (1) Interim report of panel.--Not later than February 15, 
     2010, the Panel shall submit an interim report on its 
     findings to the Committees on Armed Services of the Senate 
     and House of Representatives and to the Secretary of Defense.
       (2) Final report of panel.--Not later than June 15, 2011, 
     the Panel shall submit its final report, together with any 
     recommendations, to the Committees on Armed Services of the 
     Senate and House of Representatives and to the Secretary of 
     Defense.
       (3) Report of secretary of defense.--Not later than 
     February 15, 2011, the Secretary of Defense, after 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives the Secretary's comments 
     on the Panel's final report under paragraph (2).
       (h) Information From Federal Agencies.--The Panel may 
     secure directly from the Department of Defense and any of 
     components of the Department such information as the Panel 
     considers necessary to carry out its duties under this 
     section. The Secretary of Defense and the head of the 
     component concerned shall ensure that information requested 
     by the Panel under this subsection is promptly provided.
       (i) FFRDC Support.--Upon the request of the co-chairs of 
     the Panel, the Secretary of Defense shall make available to 
     the Panel the services of any federally funded research and 
     development center that is covered by a sponsoring agreement 
     of the Department of Defense.
       (j) Personnel Matters.--The Panel shall have the 
     authorities provided in section 3161 of title 5, United 
     States Code, and shall be subject to the conditions set forth 
     in such section.
       (k) Payment of Panel Expenses.--Funds for activities of the 
     Panel shall be provided from unobligated amounts available to 
     the Department of Defense.
       (l) Termination.--The Panel shall terminate 45 days after 
     the date on which the Panel submits its final report under 
     subsection (g)(2).

     SEC. 1092. REPORTS ON STATUTORY COMPLIANCE OF THE REPORT ON 
                   THE 2009 QUADRENNIAL DEFENSE REVIEW.

       (a) Comptroller General Report.--Not later than 90 days 
     after the Secretary of Defense submits the report required by 
     subsection (d) of section 118 of title 10, United States 
     Code, on the 2009 quadrennial defense review required by 
     subsection (a) of that section, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives and to 
     the Secretary of Defense a report on the degree to which the 
     report on the 2009 quadrennial defense review complies with 
     the requirements of such subsection (d).
       (b) Secretary of Defense Report.--If the Comptroller 
     General determines that the report on the 2009 quadrennial 
     defense review deviates significantly from the requirements 
     of subsection (d) of section 118 of title 10, United States 
     Code, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate and House of Representatives 
     a report addressing the areas of deviation not later than 30 
     days after the submittal of the report by the Comptroller 
     General required by subsection (a).

     SEC. 1093. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009 
                   QUADRENNIAL DEFENSE REVIEW.

       (a) In General.--Concurrent with the delivery of the report 
     on the 2009 quadrennial defense review required by section 
     118(d) of title 10, United States Code, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report with a 
     classified annex containing--
       (1) the analyses used to determine and support the findings 
     on force structure required by such section; and
       (2) a description of any changes from the 2006 quadrennial 
     defense review to the minimum military requirements for major 
     military capabilities.
       (b) Major Military Capabilities Defined.--In this section, 
     the term ``major military capabilities'' includes any 
     capability the Secretary determines to be a major military 
     capability, any capability discussed in the report of the 
     2006 quadrennial defense review, and any capability described 
     in paragraph (9) or (10) of section 118(d) of title 10, 
     United States Code.
                                 ______
                                 
  SA 1773. 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 end of subtitle C of title XXXI, add the following:

     SEC. 3136. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARDSHIP 
                   PROGRAM.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the stockpile stewardship 
     program established under section 4201 of the Atomic Energy 
     Defense Act (50 U.S.C. 2521) to determine if the program was 
     functioning, as of December 2008, as envisioned when the 
     program was established.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An assessment of whether the capabilities determined to 
     be necessary to maintain the nuclear weapons stockpile 
     without nuclear testing have been implemented and the extent 
     to which such capabilities are functioning.
       (2) A review and description of the agreements governing 
     use, management, and support of the capabilities developed 
     for the stockpile stewardship program and an assessment of 
     enforcement of, and compliance with, those agreements.
       (3) An assessment of plans for surveillance and testing of 
     nuclear weapons in the stockpile and the extent of the 
     compliance with such plans.
       (4) An assessment of--
       (A) the condition of the infrastructure at the plants and 
     laboratories of the nuclear weapons complex;
       (B) the value of nuclear weapons facilities built after 
     1992;
       (C) any plans that are in place to maintain, improve, or 
     replace such infrastructure;
       (D) whether there is a validated requirement for all 
     planned infrastructure replacement projects; and
       (E) the projected costs for each such project and the 
     timeline for completion of each such project.
       (5) An assessment of the efforts to ensure and maintain the 
     intellectual and technical capability of the nuclear weapons 
     complex to support the nuclear weapons stockpile.
       (6) Recommendations for the stockpile stewardship program 
     going forward.
       (c) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees a report containing 
     the results of the study required by subsection (a).
                                 ______
                                 
  SA 1774. Mr. KYL (for himself, Mr. Inhofe, Mr. DeMint, Mr. Sessions, 
Mr. Martinez, 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:

       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) 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 ``September 30, 2009'' and inserting ``September 30, 
     2010''; and
       (3) by inserting after subsection (e) the following new 
     subsection:

[[Page S8048]]

       ``(f) Follow-on Report.--Following submittal of the report 
     required in subsection (e), the Commission may conduct public 
     outreach and discussion of the matters contained in the 
     report.''.
                                 ______
                                 
  SA 1775. Mr. McCAIN (for himself, Mr. Lieberman, Mr. Graham, Mr. 
Kaufman, and Mr. Casey) 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:

                         Subtitle D--VOICE Act

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Victims of Iranian 
     Censorship Act''or the ``VOICE Act''.

     SEC. 1242. SENSE OF CONGRESS.

       It is the sense of Congress that the United States--
       (1) respects the sovereignty, proud history, and rich 
     culture of the Iranian people;
       (2) respects the universal values of freedom of speech and 
     freedom of the press in Iran and throughout the world;
       (3) supports the Iranian people as they take steps to 
     peacefully express their voices, opinions, and aspirations;
       (4) supports the Iranian people seeking access to news and 
     other forms of information;
       (5) condemns the detainment, imprisonment, and intimidation 
     of all journalists, in Iran and elsewhere throughout the 
     world;
       (6) supports journalists who take great risk to report on 
     political events in Iran, including those surrounding the 
     presidential election;
       (7) supports the efforts the Voice of America's (VOA) 24-
     hour television station Persian News Network, and Radio Free 
     Europe/Radio Liberty's (RFE/RL) Radio Farda 24-hour radio 
     station; British Broadcasting Corporation (BBC) Farsi 
     language programming; Radio Zamaneh; and other independent 
     news outlets to provide information to Iran;
       (8) condemns acts of censorship, intimidation, and other 
     restrictions on freedom of the press, freedom of speech, and 
     freedom of expression in Iran and throughout the world;
       (9) commends companies which have facilitated the ability 
     of the Iranian people to access and share information, and 
     exercise freedom of speech, freedom of expression, and 
     freedom of assembly through alternative technologies; and
       (10) condemns companies which have knowingly impeded the 
     ability of the Iranian people to access and share information 
     and exercise freedom of speech, freedom of expression, and 
     freedom of assembly through electronic media, including 
     through the sale of technology that allows for deep packet 
     inspection or provides the capability to monitor or block 
     Internet access, and gather information about individuals.

     SEC. 1243. STATEMENT OF POLICY.

       It shall be the policy of the United States--
       (1) to support freedom of the press, freedom of speech, 
     freedom of expression, and freedom of assembly in Iran;
       (2) to support the Iranian people as they seek, receive, 
     and impart information and promote ideas in writing, in 
     print, or through any media without interference;
       (3) to discourage businesses from aiding efforts to 
     interfere with the ability of the people of Iran to freely 
     access or share information or otherwise infringe upon 
     freedom of speech, freedom of expression, freedom of 
     assembly, and freedom of the press through the Internet or 
     other electronic media, including through the sale of deep 
     packet inspection or other technology to the Government of 
     Iran that provides the capability to monitor or block 
     Internet access, and gather information about individuals; 
     and
       (4) to encourage the development of technologies, including 
     Internet Web sites that facilitate the efforts of the Iranian 
     people--
       (A) to gain access to and share accurate information and 
     exercise freedom of speech, freedom of expression, freedom of 
     assembly, and freedom of the press, through the Internet or 
     other electronic media; and
       (B) engage in Internet-based education programs and other 
     exchanges between United States citizens and Iranians.

     SEC. 1244. AUTHORIZATION OF APPROPRIATIONS.

       (a) International Broadcasting Operations Fund.--In 
     addition to amounts otherwise authorized for the Broadcasting 
     Board of Governors' International Broadcasting Operations 
     Fund, there is authorized to be appropriated $15,000,000 to 
     expand Farsi language programming and to provide for the 
     dissemination of accurate and independent information to the 
     Iranian people through radio, television, Internet, cellular 
     telephone, short message service, and other communications.
       (b) Broadcasting Capital Improvements Fund.--In addition to 
     amounts otherwise authorized for the Broadcasting Board of 
     Governors' Broadcasting Capital Improvements Fund, there is 
     authorized to be appropriated $15,000,000 to expand 
     transmissions of Farsi language programs to Iran.
       (c) Use of Amounts.--In pursuit of the objectives described 
     in subsections (a) and (b), amounts in the International 
     Broadcasting Operations Fund and the Capital Improvements 
     Fund may be used to--
       (1) develop additional transmission capability for Radio 
     Farda and the Persian News Network to counter ongoing efforts 
     to jam transmissions, including through additional shortwave 
     and medium wave transmissions, satellite, and Internet 
     mechanisms;
       (2) develop additional proxy server capability and anti-
     censorship software to counter efforts to block Radio Farda 
     and Persian News Network Web sites;
       (3) develop technologies to counter efforts to block SMS 
     text message exchange over cellular phone networks;
       (4) expand program coverage and analysis by Radio Farda and 
     the Persian News Network, including the development of 
     broadcast platforms and programs, on the television, radio 
     and Internet, for enhanced interactivity with and among the 
     people of Iran;
       (5) hire, on a permanent or short-term basis, additional 
     staff for Radio Farda and the Persian News Network; and
       (6) develop additional Internet-based, Farsi-language 
     television programming, including a Farsi-language, Internet-
     based news channel.

     SEC. 1245. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA 
                   FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States the Iranian Electronic Education, Exchange, 
     and Media Fund (referred to in this section as the ``Fund''), 
     consisting of amounts appropriated to the Fund pursuant to 
     subsection (f).
       (b) Administration.--The Fund shall be administered by the 
     Secretary of State.
       (c) Objective.--The objective of the Fund shall be to 
     support the development of technologies, including Internet 
     Web sites, that will aid the ability of the Iranian people 
     to--
       (1) gain access to and share information;
       (2) exercise freedom of speech, freedom of expression, and 
     freedom of assembly through the Internet and other electronic 
     media;
       (3) engage in Internet-based education programs and other 
     exchanges between Americans and Iranians; and
       (4) counter efforts--
       (A) to block, censor, and monitor the Internet; and
       (B) to disrupt or monitor cellular phone networks or SMS 
     text exchanges.
       (d) Use of Amounts.--In pursuit of the objective described 
     in subsection (c), amounts in the Fund may be used for grants 
     to United States or foreign universities, nonprofit 
     organizations, or companies for targeted projects that 
     advance the purpose of the Fund, including projects that--
       (1) develop Farsi-language versions of existing social-
     networking Web sites;
       (2) develop technologies, including Internet-based 
     applications, to counter efforts--
       (A) to block, censor, and monitor the Internet; and
       (B) to disrupt or monitor cellular phone networks or SMS 
     text message exchanges;
       (3) develop Internet-based, distance learning programs for 
     Iranian students at United States universities; and
       (4) promote Internet-based, people-to-people educational, 
     professional, religious, or cultural exchanges and dialogues 
     between United States citizens and Iranians.
       (e) Transfers.--Amounts in the Fund may be transferred to 
     the United States Agency for International Development, the 
     Broadcasting Board of Governors, or any other agency of the 
     Federal Government to the extent that such amounts are used 
     to carry out activities that will further the objective 
     described in subsection (c).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $20,000,000 to the Fund.

     SEC. 1246. ANNUAL REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter for 5 
     years, the President shall submit a report to Congress that 
     provides a detailed description of--
       (1) United States-funded international broadcasting efforts 
     in Iran;
       (2) efforts by the Government of Iran to block broadcasts 
     sponsored by the United States or other non-Iranian entities;
       (3) efforts by the Government of Iran to monitor or block 
     Internet access, and gather information about individuals;
       (4) plans by the Broadcasting Board of Governors for the 
     use of the amounts appropriated pursuant to section 1244, 
     including--
       (A) the identification of specific programs and platforms 
     to be expanded or created; and
       (B) satellite, radio, or Internet-based transmission 
     capacity to be expanded or created;
       (5) plans for the use of the Iranian Electronic Education, 
     Exchange, and Media Fund;
       (6) a detailed breakdown of amounts obligated and disbursed 
     from the Iranian Electronic Media Fund and an assessment of 
     the impact of such amounts;
       (7) the percentage of the Iranian population and of Iranian 
     territory reached by shortwave and medium-wave radio 
     broadcasts by Radio Farda and Voice of America;
       (8) the Internet traffic from Iran to Radio Farda and Voice 
     of America Web sites; and
       (9) the Internet traffic to proxy servers sponsored by the 
     Broadcasting Board of Governors, and the provisioning of 
     surge capacity.
       (b) Classified Annex.--The report submitted under 
     subsection (a) may include a classified annex.

[[Page S8049]]

     SEC. 1247. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES.

       (a) Study.--The President shall direct the appropriate 
     officials to examine claims that non-Iranian companies, 
     including corporations with United States subsidiaries, have 
     provided hardware, software, or other forms of assistance to 
     the Government of Iran that has furthered its efforts to--
       (1) filter online political content;
       (2) disrupt cell phone and Internet communications; and
       (3) monitor the online activities of Iranian citizens.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall submit a report to 
     Congress that contains the results of the study conducted 
     under subsection (a). The report submitted under this 
     subsection shall be submitted in unclassified form, but may 
     include a classified annex.

     SEC. 1248. HUMAN RIGHTS DOCUMENTATION.

       There are authorized to be appropriated $5,000,000 to the 
     Secretary of State to document, collect, and disseminate 
     information about human rights in Iran, including abuses of 
     human rights that have taken place since the Iranian 
     presidential election conducted on June 12, 2009.
                                 ______
                                 
  SA 1776. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

             Subtitle I--Quadrennial Defense Review Matters

     SEC. 1091. NATIONAL DEFENSE PANEL.

       (a) Establishment.--There is established a bipartisan, 
     independent panel to be known as the National Defense Panel 
     (in this section referred to as the ``Panel'').
       (b) Membership.--The Panel shall be composed of twelve 
     members who are recognized experts in matters relating to the 
     national security of the United States. The members shall be 
     appointed as follows:
       (1) Three by the chairman of the Committee on Armed 
     Services of the House of Representatives.
       (2) Three by the chairman of the Committee on Armed 
     Services of the Senate.
       (3) Three by the ranking member of the Committee on Armed 
     Services of the House of Representatives.
       (4) Three by the ranking member of the Committee on Armed 
     Services of the Senate.
       (c) Co-Chairs of the Panel.--The chairman of the Committee 
     on Armed Services of the House of Representatives and the 
     chairman of the Committee of Armed Services of the Senate 
     shall each designate one of their appointees under subsection 
     (b) to serve as co-chair of the panel.
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Panel. Any vacancy in the Panel 
     shall be filled in the same manner as the original 
     appointment.
       (e) Duties.--The Panel shall--
       (1) review the national defense strategy, the national 
     military strategy, the Secretary of Defense's terms of 
     reference, and any other materials providing the basis for, 
     or substantial inputs to, the work of the Department of 
     Defense on the 2009 quadrennial defense review under section 
     118 of title 10, United States Code (in this subsection 
     referred to as the ``2009 QDR''), as well as the 2009 QDR 
     itself;
       (2) conduct an assessment of the assumptions, strategy, 
     findings, costs, and risks in the report of the 2009 QDR 
     under subsection (d) of such section, with particular 
     attention paid to the risks described in that report;
       (3) submit to the Committees on Armed Services of the 
     Senate and House of Representatives and the Secretary an 
     independent assessment of a variety of possible force 
     structures of the Armed Forces, including the force structure 
     identified in the report of the 2009 QDR, suitable to meet 
     the requirements identified in the review required in 
     paragraph (1);
       (4) to the extent practicable, estimate the funding 
     required by fiscal year, in constant fiscal year 2010 
     dollars, to organize, equip, and support the forces 
     contemplated under the force structures included in the 
     assessment under paragraph (3); and
       (5) provide to the Committees on Armed Services of the 
     Senate and House of Representatives and the Secretary of 
     Defense, through the reports under subsection (g), any 
     recommendations it considers appropriate for their 
     consideration.
       (f) First Meeting.--The Panel shall hold its first meeting 
     not later than 30 days after the date on which all 
     appointments to the Panel under paragraphs (1), (2), (3), and 
     (4) of subsection (b) have been made.
       (g) Reports.--
       (1) Interim report of panel.--Not later than June 15, 2010, 
     the Panel shall submit an interim report on its findings to 
     the Committees on Armed Services of the Senate and House of 
     Representatives and to the Secretary of Defense.
       (2) Final report of panel.--Not later than June 15, 2010, 
     the Panel shall submit its final report, together with any 
     recommendations, to the Committees on Armed Services of the 
     Senate and House of Representatives and to the Secretary of 
     Defense.
       (3) Report of secretary of defense.--Not later than 
     February 15, 2011, the Secretary of Defense, after 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     shall submit to the Committees on Armed Services of the 
     Senate and House of Representatives the Secretary's comments 
     on the Panel's final report under paragraph (2).
       (h) Information From Federal Agencies.--The Panel may 
     secure directly from the Department of Defense and any of 
     components of the Department such information as the Panel 
     considers necessary to carry out its duties under this 
     section. The Secretary of Defense and the head of the 
     component concerned shall ensure that information requested 
     by the Panel under this subsection is promptly provided.
       (i) FFRDC Support.--Upon the request of the co-chairs of 
     the Panel, the Secretary of Defense shall make available to 
     the Panel the services of any federally funded research and 
     development center that is covered by a sponsoring agreement 
     of the Department of Defense.
       (j) Personnel Matters.--The Panel shall have the 
     authorities provided in section 3161 of title 5, United 
     States Code, and shall be subject to the conditions set forth 
     in such section.
       (k) Payment of Panel Expenses.--Funds for activities of the 
     Panel shall be provided from unobligated amounts available to 
     the Department of Defense.
       (l) Termination.--The Panel shall terminate 45 days after 
     the date on which the Panel submits its final report under 
     subsection (g)(2).

     SEC. 1092. REPORTS ON STATUTORY COMPLIANCE OF THE REPORT ON 
                   THE 2009 QUADRENNIAL DEFENSE REVIEW.

       (a) Comptroller General Report.--Not later than 90 days 
     after the Secretary of Defense submits the report required by 
     subsection (d) of section 118 of title 10, United States 
     Code, on the 2009 quadrennial defense review required by 
     subsection (a) of that section, the Comptroller General of 
     the United States shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives and to 
     the Secretary of Defense a report on the degree to which the 
     report on the 2009 quadrennial defense review complies with 
     the requirements of such subsection (d).
       (b) Secretary of Defense Report.--If the Comptroller 
     General determines that the report on the 2009 quadrennial 
     defense review deviates significantly from the requirements 
     of subsection (d) of section 118 of title 10, United States 
     Code, the Secretary of Defense shall submit to the Committees 
     on Armed Services of the Senate and House of Representatives 
     a report addressing the areas of deviation not later than 30 
     days after the submittal of the report by the Comptroller 
     General required by subsection (a).

     SEC. 1093. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 2009 
                   QUADRENNIAL DEFENSE REVIEW.

       (a) In General.--Concurrent with the delivery of the report 
     on the 2009 quadrennial defense review required by section 
     118(d) of title 10, United States Code, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report with a 
     classified annex containing--
       (1) the analyses used to determine and support the findings 
     on force structure required by such section; and
       (2) a description of any changes from the 2006 quadrennial 
     defense review to the minimum military requirements for major 
     military capabilities.
       (b) Major Military Capabilities Defined.--In this section, 
     the term ``major military capabilities'' includes any 
     capability the Secretary determines to be a major military 
     capability, any capability discussed in the report of the 
     2006 quadrennial defense review, and any capability described 
     in paragraph (9) or (10) of section 118(d) of title 10, 
     United States Code.
                                 ______
                                 
  SA 1777. Mr. CHAMBLISS 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:

       In section 123, strike (a) and insert:
       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall provide for a federally funded research and 
     development center which will submit to the congressional 
     defense committees, the Committee on Foreign Relations of the 
     Senate, and the Committee on Foreign Affairs of the House of 
     Representatives, through the Secretary of the Air Force, a 
     report on potential foreign military sales of the F-22A 
     fighter aircraft.
                                 ______
                                 
  SA 1778. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for

[[Page S8050]]

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 31, strike ``the Secretary'' on line 24 
     and all that follows through ``Force,'' on page 32, line 1, 
     and insert ``the Secretary of the Air Force shall enter into 
     a contract with a federally funded research and development 
     center under which the center will''.
                                 ______
                                 
  SA 1779. Mr. BAUCUS 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 213, between lines 14 and 15, insert the following:

     SEC. 706. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING 
                   OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B.

       Chapter 55 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING 
                   OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B.

       ``(a) In General.--The Secretary of Defense shall establish 
     procedures for identifying individuals described in 
     subsection (b). The Secretary of Defense shall immediately 
     notify individuals identified under the preceding sentence 
     that they are no longer eligible for health care benefits 
     under the TRICARE program under chapter 55 of title 10, 
     United States Code, and of any options available for 
     enrollment of the individual under part B of title XVIII of 
     the Social Security Act (42 U.S.C. 1395j et seq.). The 
     Secretary of Defense shall consult with the Secretary of 
     Health and Human Services to accurately identify and notify 
     individuals described in subsection (b) under this 
     subsection.
       ``(b) Individuals Described.--An individual described in 
     this subsection is an individual who is a covered beneficiary 
     (as defined in section 1072(5) of title 10, United States 
     Code) at the time the individual is entitled to part A of 
     title XVIII of the Social Security Act under section 226(b) 
     or section 226A of such Act (42 U.S.C. 426(b) and 426-1) and 
     who is eligible to enroll but who has elected not to enroll 
     (or to be deemed enrolled) during the individual's initial 
     enrollment period under part B of such title.''.
                                 ______
                                 
  SA 1780. Mrs. SHAHEEN 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 161, after line 23, insert the following:

     SEC. 557. REPORT ON YELLOW RIBBON REINTEGRATION PROGRAM.

       (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 congressional defense committees a report 
     on the various reintegration programs being administered in 
     support of National Guard and Reserve members and their 
     families.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An evaluation of the initial implementation of the 
     Yellow Ribbon Reintegration Program in fiscal year 2009, 
     including an assessment of the best practices from pilot 
     programs offered by various States to provide supplemental 
     services to Yellow Ribbon and the feasibility of 
     incorporating those practices into Yellow Ribbon.
       (2) An assessment of the extent to which Yellow Ribbon 
     funding, although requested in multiple component accounts, 
     supports robust joint programs that provide reintegration and 
     support services to National Guard and Reserve members and 
     their families regardless of military affiliation.
       (3) An assessment of the extent to which Yellow Ribbon 
     programs are coordinating closely with the Department of 
     Veterans Affairs and its various veterans' programs.
       (4) Plans for further implementation of the Yellow Ribbon 
     Reintegration Program in fiscal year 2010.
                                 ______
                                 
  SA 1781. Mr. BURRIS submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF CULTURAL PROPERTY.

       (a) Amendment to Title 28.--Section 1611 of title 28, 
     United States Code, is amended by inserting at the end the 
     following:
       ``(d)(1) Notwithstanding any other provision of law, 
     including section 1610 of this title or section 201 of the 
     Terrorism Risk Insurance Act of 2002 (Pub. L. No. 107-297; 
     116 Stat. 2337), the property of a foreign state or of an 
     agency or instrumentality of a foreign state shall be immune 
     from attachment and from execution if--
       ``(A) the property is cultural property, as defined in 
     section 302(6) of the Convention on Cultural Property 
     Implementation Act (19 U.S.C. 2601(6));
       ``(B) the property is in the possession, custody, or 
     control of any United States organization exempt from 
     taxation under section 501(c)(3) of the Internal Revenue Code 
     of 1986 or of any United States educational institution, as 
     defined in section 101(a) of the Higher Education Act of 
     1965.
       ``(2) In any proceeding involving the attachment or 
     execution of property alleged to be property of a foreign 
     state or of any agency or instrumentality of a foreign state, 
     the immunity of the property from attachment or execution may 
     be raised by any party that has or claims ownership, 
     possession, custody, or control over such property, whether 
     or not the foreign state or agency or instrumentality of a 
     foreign state to which the property allegedly belongs appears 
     or asserts a claim of immunity.
       ``(3) The immunity of property under this subsection from 
     attachment and execution shall be broadly construed.''.
       (b) Amendment to Terrorism Risk Insurance Act.--Section 
     201(d)(2)(B) of the Terrorism Risk Insurance Act of 2002 (P. 
     L. 107-297; 28 U.S.C. 1610 note) is amended--
       (1) in clause (i), by striking ``or'' after the semicolon;
       (2) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (3) by inserting at the end the following:
       ``(iii)(I) is cultural property, as defined in section 
     302(6) of the Convention on Cultural Property Implementation 
     Act (19 U.S.C. 2601(6));
       ``(II) is in the possession, custody, or control of any 
     United States organization exempt from taxation under section 
     501(c)(3) of the Internal Revenue Code of 1986 or of any 
     United States educational institution, as defined in section 
     101(a) of the Higher Education Act of 1965.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to any proceeding pending on or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1782. Mr. CASEY 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 220, between lines 4 and 5, insert the following:

     SEC. 713. REPORT ON POST-DEPLOYMENT HEALTH ASSESSMENTS OF 
                   GUARD AND RESERVE MEMBERS.

       (a) Report Required.--Not later than March 1, 2010, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on post-deployment health 
     assessments of Guard and Reserve members.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) An assessment of the feasibility of administering a 
     Post-Deployment Health Assessment (PDHA) to each member of a 
     reserve component of the Armed Forces returning to the 
     member's home station from deployment in connection with a 
     contingency operation at such home station or in the county 
     of residence of the member within the following timeframes:
       (A) In the case of a member of the Individual Ready 
     Reserve, an assessment administered by not later than the 
     member's release from active duty following such deployment 
     or 10 days after the member's return to such station or 
     county, whichever occurs earlier.
       (B) In the case of any other member of a reserve component 
     of the Armed Forces returning from deployment, by not later 
     than the member's release from active duty following such 
     deployment.
       (2) An assessment of the feasibility of requiring that 
     Post-Deployment Health Assessments described under paragraph 
     (1) be performed by a practitioner trained and certified as 
     qualified to participate in the performance of Post-
     Deployment Health Assessments or Post-Deployment Health 
     Reassessments.
       (3) A description of--
       (A) the availability of personnel described under paragraph 
     (2) to perform assessments described under this subsection at 
     the home stations or counties of residence of members of the 
     reserve components of the Armed Forces; and
       (B) if such personnel are not available at such locations, 
     the additional resources necessary to ensure such 
     availability within one year after the date of the enactment 
     of this Act.

[[Page S8051]]

                                 ______
                                 
  SA 1783. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON DOCUMENTATION OF SUPPORT PROVIDED BY 
                   MEMBERS OF THE ARMED FORCES IN COMBAT 
                   OPERATIONS OUTSIDE THE REQUIREMENTS OF THEIR 
                   MILITARY OCCUPATIONS.

       (a) In General.--Not later than March 31, 2010, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the documentation of 
     the support provided by members of the Armed Forces while 
     deployed in support of contingency operations that is 
     provided--
       (1) as a result of combat operational requirements; and
       (2) outside of the requirements of their military 
     occupations.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the mechanisms used by the Secretary, 
     if any, to document the support provided by members of the 
     Armed Forces while deployed in support of contingency 
     operations that is provided as a result of combat operational 
     requirements and outside of the requirements of their 
     military occupations.
       (2) Recommendations for the improvement or creation of 
     mechanisms described in paragraph (1).
       (3) An assessment of the feasibility and advisability of 
     creating and implementing an experience, service, or skill 
     identifier to identify the support described in paragraph 
     (1).
       (4) An assessment of whether such identifier could be used 
     effectively and efficiently for the provision of training and 
     assignment matching.
       (5) An assessment of whether the current chain of command 
     construct allows members described in paragraph (1) who 
     provide support described in such paragraph sufficient 
     opportunity to obtain recognition for their service.
       (6) An identification of the differences between service in 
     the reserve components of the Armed Forces and service in the 
     regular components of the Armed Forces and how those 
     differences affect the matters described in paragraphs (1) 
     through (5).
       (7) An assessment of how a mechanism described in paragraph 
     (1) could be used to improve determinations of whether a 
     member of the Armed Forces has, for purposes of establishing 
     service-connection for a disease or injury under section 
     1154(b) of title 38, United States Code, engaged in combat 
     with the enemy in active service with a military, naval, or 
     air organization of the United States during a period of war, 
     campaign, or expedition.
                                 ______
                                 
  SA 1784. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.

       (a) Study.--
       (1) In general.--The Chief of Naval Operations, in 
     consultation with the Commandant of the Coast Guard, shall 
     conduct a study on the feasibility and potential of 
     establishing a deep water sea port in the Arctic to protect 
     and advance strategic United States interests within the 
     evolving and ever more important Arctic region.
       (2) Scope.--The study required under paragraph (1) shall 
     address the following issues:
       (A) The capability that such a port would provide.
       (B) Potential and optimum locations for such a port.
       (C) Resources needed to establish such a port.
       (D) The time frame needed to establish such a port.
       (E) The infrastructure required to support such a port.
       (F) Any other issues the Secretary determines necessary to 
     complete the study.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     findings of the study conducted under subsection (a).
                                 ______
                                 
  SA 1785. Mr. WARNER (for himself and Mr. Nelson of Florida) 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 MODELING AND SIMULATION ACTIVITIES OF 
                   UNITED STATES JOINT FORCES COMMAND.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense, 
     working through the Director for Defense Research and 
     Engineering, the Assistant Secretary of Defense for 
     Manufacturing and Industrial Base, and the Commander of the 
     United States Joint Forces Command, shall submit to the 
     congressional defense committees a report that describes 
     current and planned efforts to support and enhance the 
     defense modeling and simulation technological and industrial 
     base, including in academia, industry, and government.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) An assessment of the current and future domestic 
     defense modeling and simulation technological and industrial 
     base and its ability to meet current and future defense 
     requirements.
       (2) A description of current and planned programs and 
     activities of the Department of Defense to enhance the 
     ability of the domestic defense modeling and simulation 
     industrial base to meet current and future defense 
     requirements.
       (3) A description of current and planned Department of 
     Defense activities in cooperation with Federal, State, and 
     local government organizations that promote the enhancement 
     of the ability of the domestic defense modeling and 
     simulation industrial base to meet current and future defense 
     requirements.
       (4) A comparative assessment of current and future global 
     modeling and simulation capabilities relative to those of the 
     United States in areas related to defense applications of 
     modeling and simulation.
       (5) An identification of additional authorities or 
     resources related to technology transfer, establishment of 
     public-private partnerships, coordination with regional, 
     State, or local initiatives, or other activities that would 
     be required to enhance efforts to support the domestic 
     defense modeling and simulation industrial base.
       (6) Other matters as determined appropriate by the 
     Secretary.
                                 ______
                                 
  SA 1786. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 1715 submitted by Mrs. Gillibrand and intended 
to be proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 706. TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM.

       (a) In General.--Section 1079 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(18) In accordance with subsection (r), treatment for 
     autism spectrum disorders shall be made available to 
     dependents who are diagnosed with autism spectrum 
     disorders.''; and
       (2) by adding at the end the following new subsection:
       ``(r)(1) For purposes of subsection (a)(18), treatment for 
     an autism spectrum disorder may include the use of applied 
     behavior analysis or other structured behavior programs, as 
     the Secretary determines appropriate.
       ``(2) The Secretary may not consider the use of applied 
     behavior analysis or other structured behavior programs under 
     this section to be special education for purposes of 
     subsection (a)(9).
       ``(3)(A) This subsection shall not apply to a medicare-
     eligible beneficiary (as defined in section 1111(b) of this 
     title).
       ``(B) Except as provided in subparagraph (A), nothing in 
     this subsection shall be construed as limiting or otherwise 
     affecting the benefits provided to a medicare-eligible 
     beneficiary under--
       ``(i) this chapter;
       ``(ii) part A of title XVIII of the Social Security Act (42 
     U.S.C. 1395c et seq.); or
       ``(iii) any other provision of law.
       ``(4) In carrying out this subsection, the Secretary shall 
     ensure that--
       ``(A) a person who is authorized to provide applied 
     behavior analysis or other structured behavior programs is 
     licensed or certified by a State, the Behavior Analyst 
     Certification Board, or other accredited national 
     certification board; and
       ``(B) if applied behavior analysis or other structured 
     behavior program is provided by an employee or contractor of 
     a person authorized to provide such treatment, the employee 
     or contractor shall meet minimum

[[Page S8052]]

     qualifications, training, and supervision requirements 
     consistent with business best practices in the field of 
     behavior analysis and autism services and in accordance with 
     regulations prescribed by the Secretary.
       ``(5) In this section, the term `autism spectrum disorders' 
     includes autistic disorder, Asperger's syndrome, and any of 
     the pervasive developmental disorders as defined by the most 
     recent edition of the Diagnostic and Statistical Manual of 
     Mental Disorders.''.
       (b) Regulations.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Defense shall 
     prescribe such regulations as may be necessary to carry out 
     subsections (a)(18) and (r) of section 1079 of title 10, 
     United States Code, as added by subsection (a) of this 
     section.
       (c) Report.--Not later than 180 days after the 
     implementation of subsections (a)(18) and (r) of section 1079 
     of title 10, United States Code, as added by subsection (a) 
     of this section, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the implementation of such 
     subsections and the effect of such subsections on access to 
     quality applied behavioral analysis services for military 
     families and their dependents with autism spectrum disorders.
       (d) Applicability to Other Provisions.--Nothing in this 
     section shall be construed to alter or affect the requirement 
     under section 553 of this Act to develop and implement a 
     policy for the support of military children with autism and 
     their families.
       (e) Additional Amount for TRICARE Program.--The amount 
     authorized to be appropriated by section 1403(1) for the 
     Defense Health Program for operation and maintenance is 
     hereby increased by $50,000,000, with the amount of the 
     increase to be available to carry out subsections (a)(18) and 
     (r) of section 1079 of title 10, United States Code, as added 
     by subsection (a) of this section.
       (f) Offset.--The amount authorized to be appropriated by 
     section 301(a)(5) for operation and maintenance for Defense-
     wide activities is hereby decreased by $50,000,000, with the 
     amount of the decrease to be derived from unobligated 
     balances.
                                 ______
                                 
  SA 1787. Mr. UDALL of New Mexico (for himself, Mr. Bingaman, and Mr. 
Udall of Colorado) submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3136. UPDATED REPORT ON THE STATUS OF ENVIRONMENTAL 
                   MANAGEMENT INITIATIVES TO ACCELERATE THE 
                   REDUCTION OF ENVIRONMENTAL RISKS AND CHALLENGES 
                   POSED BY THE LEGACY OF THE COLD WAR.

       (a) In General.--On the date referred to in subsection (c), 
     the Secretary of Energy shall submit to the congressional 
     defense committees and the Comptroller General of the United 
     States an update to the report on the status of environmental 
     management initiatives required by section 3130 of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 585) to fully evaluate the 
     progress made by the Department of Energy toward--
       (1) reducing the environmental risks and challenges that 
     result from the legacy of the Cold War; and
       (2) complying with the mandatory environmental cleanup 
     milestones of the Department.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A list of the major mandatory environmental cleanup 
     milestones of the Department of Energy by site that the 
     Department may miss, including--
       (A) a statement explaining the reason or reasons for 
     missing each such milestone;
       (B) an assessment of any penalties that the Department 
     could incur as a result of missing each such milestone;
       (C) an estimate of the amount of funding necessary to 
     ensure the compliance of the Department with each such 
     milestone; and
       (D) an assessment of the specific environmental risks that 
     may continue because of, or result from, missing each such 
     milestone.
       (2) A list of the major mandatory environmental cleanup 
     milestones of the Department of Energy by site that the 
     Department has missed since January 1, 2000, including--
       (A) a statement explaining the reason or reasons for 
     missing each such milestone;
       (B) a report on any financial penalties that the Department 
     incurred as a result of missing each such milestone;
       (C) an assessment of whether budget requests of the 
     Department to Congress requested funding sufficient to allow 
     the Department to meet each such milestone; and
       (D) a discussion of the specific environmental risks that 
     continued because of, or resulted from, missing each such 
     milestone.
       (3) Recommendations with respect to legislative or 
     regulatory changes or clarifications that would improve or 
     accelerate environmental management activities to reduce the 
     environmental risks and challenges that face the Department 
     of Energy as a result of the legacy of the Cold War.
       (c) Date for Submittal of Report.--The date referred to in 
     this subsection is the date on which the budget justification 
     materials in support of the Department of Energy budget for 
     fiscal year 2011 (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) are submitted to Congress.
                                 ______
                                 
  SA 1788. Mrs. BOXER 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 D of title VI, add the following:

     SEC. 652. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE 
                   SPENDING ARRANGEMENTS FOR THE UNIFORMED 
                   SERVICES.

       (a) In General.--It is the sense of Congress that, the 
     Secretary of Defense, with respect to members of the Army, 
     Navy, Marine Corps, and Air Force, the Secretary of Homeland 
     Security, with respect to members of the Coast Guard, the 
     Secretary of Health and Human Services, with respect to 
     commissioned officers of the Public Health Service, and the 
     Secretary of Commerce, with respect to commissioned officers 
     of the National Oceanic and Atmospheric Administration, 
     should establish procedures to implement flexible spending 
     arrangements with respect to basic pay and compensation, for 
     health care and dependent care on a pre-tax basis in 
     accordance with regulations prescribed under sections 106(c) 
     and 125 of the Internal Revenue Code of 1986.
       (b) Considerations.--It is the sense of Congress that, in 
     establishing the procedures described by subsection (a), the 
     Secretary of Defense, the Secretary of Homeland Security, the 
     Secretary of Health and Human Services, and the Secretary of 
     Commerce should consider life events of members of the 
     uniformed services that are unique to them as members of the 
     uniformed services, including changes relating to permanent 
     changes of duty station and deployments to overseas 
     contingency operations.
                                 ______
                                 
  SA 1789. Mrs. BOXER 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. REPORT ON ALLOWING ONE PARENT OF A DUAL-MILITARY 
                   MARRIED COUPLE WITH A MINOR DEPENDENT TO SERVE 
                   AS PRIMARY CAREGIVER WHEN THE OTHER PARENT IS 
                   DEPLOYED OVERSEAS IN CONNECTION WITH A 
                   CONTINGENCY OPERATION.

       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--
       (1) on the feasibility and advisability of--
       (A) adopting a policy that would allow a dual-military 
     married couple with a minor dependent to stagger deployments 
     to an overseas contingency operation, if the couple so 
     chooses,
       (B) providing a 90-day reintegration period between 
     deployments to an overseas contingency operation for each 
     dual-military married couple with a minor dependent; and
       (2) that includes the number and demographics of dual-
     military parents and single parents who separated from the 
     Armed Forces after January 1, 1999, disaggregated by year.
                                 ______
                                 
  SA 1790. 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 AND FORMER MEMBERS OF THE 
                   ARMED FORCES.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the adverse health effects on members and former 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.--
       (1) In general.--As part of the report submitted under 
     subsection (a), the Secretary

[[Page S8053]]

     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.
       (2) Method.--In carrying out the air quality and air 
     pollutant tests, the Secretary of Defense may select a 
     representative sample of the 15 military installations.
                                 ______
                                 
  SA 1791. Ms. LANDRIEU (for herself and Mr. Vitter) 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 I, add the following:

     SEC. 125. OPERATING FACILITY FOR 8TH AIR FORCE HEADQUARTERS.

       Notwithstanding any other provision of law, the 
     Administrator of the General Services Administration shall 
     identify an appropriate operating facility for the 8th Air 
     Force Headquarters within 90 days of receiving operating 
     space requirements from a representative of the United States 
     Air Force.
                                 ______
                                 
  SA 1792. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON DOCUMENTATION OF SUPPORT PROVIDED BY 
                   MEMBERS OF THE ARMED FORCES IN COMBAT 
                   OPERATIONS OUTSIDE THE REQUIREMENTS OF THEIR 
                   MILITARY OCCUPATIONS.

       (a) In General.--Not later than March 31, 2010, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the documentation of 
     the combat experience of members of the Armed Forces while 
     deployed in support of contingency operations.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the mechanisms used by the Secretary, 
     if any, to document the combat experience of members of the 
     Armed Forces while deployed in support of contingency 
     operations that is provided as a result of combat operational 
     requirements and outside of the requirements of their 
     military occupations.
       (2) Recommendations for the improvement or creation of 
     mechanisms described in paragraph (1).
       (3) An assessment of the feasibility and advisability of 
     creating and implementing an experience, service, or skill 
     identifier to identify the combat experience described in 
     paragraph (1).
       (4) An assessment of whether such identifier could be used 
     effectively and efficiently for the provision of training and 
     assignment matching.
       (5) An assessment of whether the current chain of command 
     construct allows members described in paragraph (1) who have 
     experienced combat sufficient opportunity to obtain 
     recognition for their service.
       (6) An identification of the differences between service in 
     the reserve components of the Armed Forces and service in the 
     regular components of the Armed Forces and how those 
     differences affect the matters described in paragraphs (1) 
     through (5).
       (7) An assessment of how a mechanism described in paragraph 
     (1) could be used to improve determinations of whether a 
     member of the Armed Forces has, for purposes of establishing 
     service-connection for a disease or injury under section 
     1154(b) of title 38, United States Code, engaged in combat 
     with the enemy in active service with a military, naval, or 
     air organization of the United States during a period of war, 
     campaign, or expedition.
                                 ______
                                 
  SA 1793. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title IX, insert the following:

     SEC. 904. DIRECTOR OF ENERGY PLANS AND PROGRAMS.

       (a) In General.--Section 139b of title 10, United STates 
     Code, is amended--
       (1) in the section heading, by striking ``operational'';
       (2) in subsection (a), by striking ``Operational'';
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``operational energy 
     plans and programs'' and inserting ``operational and 
     installation energy plans and programs'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) establish coordinated operational and installation 
     energy strategies that promote national energy security, 
     reduce energy costs, increase energy efficiency, and minimize 
     environmental impacts;'';
       (C) in paragraph (3)--
       (i) in subparagraph (A), by striking ``operational energy 
     strategy'' and inserting ``operational energy and 
     installation energy strategies'';
       (ii) in subparagraph (B), by striking ``operational energy 
     demands'' and inserting ``operational energy and installation 
     energy demands''; and
       (iii) in subparagraph (C), by striking ``operational energy 
     demand'' and inserting ``operational energy and installation 
     energy demand''; and
       (D) in paragraph (4), by striking ``operational energy 
     initiatives'' and inserting ``operational and installation 
     energy initiatives'';
       (4) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the subsection heading, by striking ``Operational'';
       (ii) by striking ``operational energy plans and programs'' 
     the first place it appears and inserting ``operational and 
     installation energy plans and programs''; and
       (iii) by striking ``operational energy plans and programs'' 
     the second place it appears and inserting ``such energy plans 
     and programs''; and
       (B) in paragraph (2), by striking ``operational energy 
     plans and programs and the operational energy strategy'' and 
     inserting ``operational and installation energy plans and 
     programs and the energy strategy'';
       (5) in subsection (d)--
       (A) in the subsection heading, by inserting ``and 
     Installation'' after ``Operational'';
       (B) in paragraph (1), by inserting ``and installation'' 
     after ``operational'';
       (C) in paragraph (2), by inserting ``and installation'' 
     after ``operational'';
       (D) in paragraph (3), by inserting ``and installation'' 
     after ``operational''; and
       (E) by adding at the end the following new paragraph:
       ``(5) The Director shall be the defense-wide coordinator 
     for activities evaluating and mitigating the impacts, if any, 
     of operational or installation energy projects that might 
     adversely affect military mission, training, or readiness, 
     and shall be responsible for maintaining communications with 
     other Departments regarding such projects and for ensuring 
     the Department or another Federal agency is developing 
     technologies or processes to avert any such impacts and to 
     fulfill the duties described in subsection (b).'';
       (6) in subsection (e)(1), by inserting ``and installation'' 
     after ``operational''; and
       (7) in subsection (h), by adding at the end the following 
     new paragraph:
       ``(3) Installation energy.--The term `installation energy' 
     means the energy required for operating and maintaining 
     military facilities and installations and related support of 
     training and sustaining military forces and weapons 
     platforms.''.
       (b) Clerical Amendment.--The table of sections of the 
     beginning of chapter 4 of title 10, United States Code, 
     amended by striking the item relating to section 139b and 
     inserting the following new item:

``139b. Director of Energy Plans and Programs.''.
                                 ______
                                 
  SA 1794. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       At the end of title XI, add the following:

     SEC. 1107. REVIEW OF SPECIAL CONSIDERATION GIVEN TO USING 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE 
                   TO PERFORM FUNCTIONS CRITICAL TO NATIONAL 
                   SECURITY.

       (a) Findings.--Congress makes the following findings:
       (1) Over the past decade, the number of contractors working 
     for the Department of Defense has increased from the 
     headquarters level down to installations in the United States 
     and overseas.
       (2) Those contractors perform a multitude of functions, 
     ranging from logistical support, maintenance, medical 
     services, administrative functions, and security operations.
       (3) Training installations have seen an exceptionally 
     significant increase in the use of a contractors.
       (4) Work stoppages by contractors have a direct impact on 
     the ability of Department of Defense to carry out its 
     organizational missions.
       (5) The 110th and 111th Congresses have enacted several 
     laws to address the performance of inherently governmental 
     functions by contractors.

[[Page S8054]]

       (6) An inherently governmental function is one that, as a 
     matter of law and policy, must be performed by employees of 
     the Federal Government and not contractors because it is 
     intimately related to the public interest.
       (7) The inability of the Department of Defense to carry out 
     its organizational missions as a result of such work 
     stoppages affects military readiness and jeopardizes national 
     security.
       (b) Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     containing a review of the special consideration given to 
     using civilian employees of the Department of Defense instead 
     of contractors to perform certain functions under section 
     2463(b) of title 10, United States Code.
       (2) Elements.--The report required by paragraph (1) shall 
     include an assessment of the following:
       (A) The effect of using private contractors on the ability 
     of a military installation to accomplish its mission.
       (B) The benefit of providing the Department of Defense with 
     the flexibility to make decisions that are related to 
     essential missions with respect to the use of civilian 
     employees of the Department of Defense.
       (C) The impact on missions of the Department of Defense 
     resulting from contractor work stoppages, including--
       (i) the average and total cost of such work stoppages;
       (ii) the average and total training days lost as a result 
     of such work stoppages;
       (iii) the cumulative effect of such work stoppages on the 
     organizational mission of the Department of Defense; and
       (iv) the effects of such work stoppages on combat 
     operations and deployments.
                                 ______
                                 
  SA 1795. Mr. MARTINEZ (for himself, Mr. Inhofe, Mr. Kyl, Mr. Graham, 
and Mr. Wicker) 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; as follows:

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

     SEC. 1232. SENSE OF CONGRESS ON CONTINUED SUPPORT BY THE 
                   UNITED STATES FOR A STABLE AND DEMOCRATIC 
                   REPUBLIC OF IRAQ.

       (a) Findings.--Congress makes the following findings:
       (1) The men and women of the United States Armed Forces who 
     have served or are serving in the Republic of Iraq have done 
     so with the utmost bravery and courage and deserve the 
     respect and gratitude of the people of the United States and 
     the people of Iraq.
       (2) The leadership of Generals David Petraeus and Raymond 
     Odierno, as the Commanders of the Multi-National Force Iraq, 
     as well as Ambassador Ryan Crocker, was instrumental in 
     bringing stability and success to Iraq.
       (3) The strategy known as the surge was a critical factor 
     contributing to significant security gains and facilitated 
     the economic, political, and social gains that have occurred 
     in Iraq since 2007.
       (4) The people of Iraq have begun to develop a stable 
     government and stable society because of the security gains 
     following the surge and the willingness of the people of Iraq 
     to accept the ideals of a free and fair democratic society 
     over the tyranny espoused by Al Qaeda and other terrorist 
     organizations.
       (5) The security gains in Iraq must be carefully maintained 
     so that those fragile gains can be solidified and expanded 
     upon, primarily by citizens of Iraq in service to their 
     country, with the support of the United States as 
     appropriate.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a stable and democratic Republic of Iraq is in the 
     long-term national security interest of the United States;
       (2) the people and the Government of the United States 
     should help the people of Iraq promote the stability of their 
     country and peace in the region; and
       (3) the United States should be a long-term strategic 
     partner with the Government and the people of Iraq in support 
     of their efforts to build democracy, good governance, and 
     peace and stability in the region.
                                 ______
                                 
  SA 1796. Mr. CHAMBLISS 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; as follows:

       In section 123, strike (a) and insert:
       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall provide for a federally funded research and development 
     center which will submit to the congressional defense 
     committees, the Committee on Foreign Relations of the Senate, 
     and the Committee on Foreign Affairs of the House of 
     Representatives, through the Secretary of Defense, a report 
     on potential foreign military sales of the F-22A fighter 
     aircraft.
                                 ______
                                 
  SA 1797. Mr. LAUTENBERG 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; as follows:

       At the appropriate place, insert the following:

                  TITLE     --MARITIME ADMINISTRATION

     SEC. --01. SHORT TITLE.

       This title may be cited as the ``Maritime Administration 
     Authorization Act of 2010''.

     SEC. --02. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, 
                   AND CONTRACTING AUTHORITY.

       Section 109 of title 49, United States Code, is amended--
       (1) by striking the heading for subsection (h) and 
     inserting the following:
       ``(h) Contracts, Cooperative Agreements, and Audits.--'';
       (2) by striking the heading for paragraph (1) of subsection 
     (h) and inserting the following:
       ``(1) Contracts and cooperative agreements.--'';
       (3) by striking ``make contracts'' in subsection (h)(1) and 
     inserting ``make contracts and cooperative agreements'';
       (4) by striking ``section and'' in subsection (h)(1)(A) and 
     inserting ``section,'';
       (5) by striking ``title 46;'' in subsection (h)(1)(A) and 
     insert ``title 46, and all other Maritime Administration 
     programs;''; and
       (6) by redesignating subsection (i) as subsection (j) and 
     inserting after subsection (h) the following:
       ``(i) Grant Administrative Expenses.--Except as otherwise 
     provided by law, the administrative and related expenses for 
     the administration of any grant programs by the Maritime 
     Administrator may not exceed 3 percent.''.

     SEC. --03. USE OF FUNDING FOR DOT MARITIME HERITAGE PROPERTY.

       Section 6(a)(1) of the National Maritime Heritage Act of 
     1994 (16 U.S.C. 5405(a)(1)) is amended by striking 
     subparagraph (C) and inserting the following:
       ``(C) The remainder, whether collected before or after the 
     date of enactment of the Maritime Administration 
     Authorization Act of 2010, shall be available to the 
     Secretary to carry out the Program, as provided in subsection 
     (b) of this section or, if otherwise determined by the 
     Maritime Administrator, for use in the preservation and 
     presentation to the public of maritime heritage property of 
     the Maritime Administration.''.

     SEC. --04. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE 
                   MERCHANT MARINE ACADEMY.

       The Maritime Administration may use appropriated funds to 
     make a lump-sum payment at a rate of pay that existed on the 
     date of termination or day before conversion to the Civil 
     Service for any unused annual leave accrued by a non-
     appropriated fund instrumentality employee who was terminated 
     if determined ineligible for conversion, or converted to the 
     Civil Service as a United States Merchant Marine Academy 
     employee during fiscal year 2009.

     SEC. --05. PERMANENT AUTHORITY TO HIRE ADJUNCT PROFESSORS AT 
                   THE MERCHANT MARINE ACADEMY.

       (a) In General.--Chapter 513 of title 46, United States 
     Code, is amended by adding at the end thereof the following:

     `` 51317. Adjunct professors

       ``(a) In General.--The Maritime Administrator may, subject 
     to the availability of appropriations, contract with 
     individuals as personal services contractors to provide 
     services as adjunct professors at the United States Merchant 
     Marine Academy, if the Maritime Administrator determines that 
     there is a need for adjunct professors and the need is not of 
     permanent duration.
       ``(b) Contract Requirements.--Each contract under this 
     section--
       ``(1) shall be approved by the Maritime Administrator; and
       ``(2) shall be for a duration, including options, of not to 
     exceed one year unless the Maritime Administration finds that 
     exceptional circumstances justify an extension, which may not 
     exceed one additional year.
       ``(c) Limitation on Number of Contractors.--In awarding 
     contracts under this section, the Maritime Administrator 
     shall ensure that not more than 25 individuals actively 
     provide services in any one academic trimester, or 
     equivalent, as contractors under subsection (a).
       ``(d) Existing Contracts.--Any contract entered into before 
     the date of enactment of the Maritime Administration 
     Authorization Act of 2010 for the services of an adjunct 
     professor at the Academy shall remain in effect for the 
     trimester (or trimesters) for which the services were 
     contracted.''.
       (b) Conforming Amendments.--
       (1) The table of contents for chapter 513 of title 46, 
     United States Code, is amended by adding at the end thereof 
     the following:

``51317. Adjunct professors.''.

[[Page S8055]]

       (2) Section 3506 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (46 U.S.C. 53101 note) 
     is repealed.

     SEC. --06. USE OF MIDSHIPMAN FEES.

       Section 51314 of title 46, United States Code, is amended--
       (1) by striking ``1994.'' in subsection (b) and inserting 
     ``1994, or for calculators, computers, personal and academic 
     supplies, midshipman services such as barber, tailor, or 
     laundry services, and U.S. Coast Guard license fees.''; and
       (2) by adding at the end thereof the following:
       ``(c) Use and Accounting.--
       ``(1) Use.--Midshipman fees collected by the Academy shall 
     be credited to the Maritime Administration's Operations and 
     Training appropriations, to remain available until expended, 
     for those expenses directly related to the purposes of the 
     fees. Fees collected in excess of actual expenses may be 
     returned to the midshipmen through a mechanism approved by 
     the Maritime Administrator.
       ``(2) Accounting.--The Maritime Administration shall 
     maintain a separate and detailed accounting of fee revenue 
     and all associated expenses.''.

     SEC. --07. CONSTRUCTION OF VESSELS IN THE UNITED STATES 
                   POLICY.

       Section 50101(a)(4) of title 46, United States Code, is 
     amended by inserting ``constructed in the United States'' 
     after ``vessels''.

     SEC. --08. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

       Section 50302 of title 46, United States Code, is amended 
     by adding at the end thereof the following:
       ``(c) Port Infrastructure Development Program.--
       ``(1) Establishment of program.--The Secretary of 
     Transportation, through the Maritime Administration, shall 
     establish a port infrastructure development program for the 
     improvement of port facilities.
       ``(2) Authority of the administrator.--In order to carry 
     out any program established under paragraph (1), the Maritime 
     Administrator may--
       ``(A) receive funds provided for the program from non-
     Federal and private entities that have a specific agreement 
     or contract with the Maritime Administration to further the 
     purposes of this subsection;
       ``(B) coordinate with other Federal agencies to expedite 
     the process established under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the 
     improvement of port facilities to relieve port congestion, to 
     increase port security, or to provide greater access to port 
     facilities;
       ``(C) seek to coordinate all reviews or requirements with 
     appropriate local, State, and Federal agencies; and
       ``(D) provide such technical assistance to port authorities 
     or commissions or their subdivisions and agents as needed for 
     project planning, design, and construction.
       ``(3)  Port infrastructure development fund.--
       ``(A) Establishment.--There is a Port Infrastructure 
     Development Fund for use by the Administrator in carrying out 
     the port infrastructure development program. The Fund shall 
     be available to the Administrator--
       ``(i) to administer and carry out the program;
       ``(ii) to receive non-Federal and private funds from 
     entities which have specific agreements or contracts with the 
     Administrator; and
       ``(iii) to make refunds for projects that will not be 
     completed.
       ``(B) Credits.--There shall be deposited into the Fund--
       ``(i) funds from non-Federal and private entities which 
     have agreements or contracts with the Administrator and which 
     shall remain in the Fund until expended; and
       ``(ii) such amounts as may be appropriated or transferred 
     to the Fund under this subsection.
       ``(C) Transfers.--Amounts appropriated or otherwise made 
     available for any fiscal year for an intermodal or marine 
     facility comprising a component of the program shall be 
     transferred to the Fund and administered by the 
     Administrator.
       ``(D) Administrative expenses.--Administrative and related 
     expenses for the program for any fiscal year may not exceed 3 
     percent of the amount available to the program for that 
     fiscal year.
       ``(E) Authorization of appropriations.--There are 
     authorized to be appropriated to the Fund such sums as may be 
     necessary to carry out the program, taking into account 
     amounts received under subparagraph (A)(ii).''.

     SEC. --09. REEFS FOR MARINE LIFE CONSERVATION PROGRAM.

       (a) In General.--Section 3 of Public Law 92	402 (16 U.S.C. 
     1220) is amended by adding at the end thereof the following:
       ``(d) Any territory, possession, or Commonwealth of the 
     United States, and any foreign country, may apply to the 
     Secretary for an obsolete vessel to be used for an artificial 
     reef under this section. The application process and reefing 
     of any such obsolete vessel shall be performed in a manner 
     consistent with the process jointly developed by the 
     Secretary of Transportation and the Administrator of the 
     Environmental Protection Agency under section 3504(b) of 
     Public Law 107-314 (16 U.S.C. 1220 note).''.
       (b) Limitation.--Section 7 of Public Law 92	402 (16 U.S.C. 
     1220c-1) is amended by adding at the end thereof the 
     following:
       ``(d) Limitation.--The Secretary may not provide assistance 
     under this section to a foreign country to which an obsolete 
     ship is transferred under this Act.''.

     SEC. --10. STUDENT INCENTIVE PAYMENT AGREEMENTS.

       Section 51509(b) of title 46, United States Code, is 
     amended by striking ``paid before the start of each academic 
     year,'' and inserting ``paid,''.

     SEC. --11. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE 
                   PROGRAM RECEIPT, DISBURSEMENT, AND ACCOUNTING 
                   FOR NON-APPROPRIATED FUNDS.

       Section 51309(b) of title 46, United States Code, is 
     amended by inserting after ``body.'' the following: ``Non-
     appropriated funds received for this purpose shall be 
     credited to the Maritime Administration's Operations and 
     Training appropriation, to remain available until expended, 
     for those expenses directly related to the purpose of such 
     receipts. The Superintendent shall maintain a separate and 
     detailed accounting of non-appropriated fund receipts and all 
     associated expenses.''.

     SEC. --12. AMERICA'S SHORT SEA TRANSPORTATION GRANTS FOR THE 
                   DEVELOPMENT OF MARINE HIGHWAYS.

       (a) In General.--Chapter 556 of title 46, United States 
     Code, is amended by redesignating sections 55602 through 
     55605 as sections 55603 through 55606 and by inserting after 
     section 55601 the following:

     `` 55602. Short sea transportation grant program

       ``(a) In General.--The Secretary of Transportation shall 
     establish and implement a short sea transportation grant 
     program.
       ``(b) Purpose.--The purposes of the program are to make 
     grants to States and other public entities and sponsors of 
     short sea transportation projects designated by the 
     Secretary--
       ``(1) to facilitate and support marine transportation 
     initiatives at the State and local levels to facilitate 
     commerce, mitigate landside congestion, reduce the 
     transportation energy consumption, reduce harmful emissions, 
     improve safety, assist in environmental mitigation efforts, 
     and improve transportation system resiliency; and
       ``(2) to provide capital funding to address short sea 
     transportation infrastructure and freight transportation 
     needs for ports, vessels, and intermodal cargo facilities.
       ``(c) Eligible Projects.--To be eligible for a grant under 
     the program, a project--
       ``(1) shall be designed to help relieve congestion, improve 
     transportation safety, facilitate domestic and international 
     trade, or encourage public-private partnerships; and
       ``(2) may include development, modification, and 
     construction of marine and intermodal cargo facilities, 
     vessels, port infrastructure and cargo handling equipment, 
     and transfer facilities at ports.
       ``(d) Selection Process.--
       ``(1) Applications.--A State or other public entity, or the 
     sponsor of any short sea transportation project designated by 
     the Secretary under the America's Marine Highway Program 
     (MARAD Docket No. 2008-0096; 73 FR 59530), may submit an 
     application to Secretary for a grant under the short sea 
     transportation grant program. The application shall contain 
     such information and assurances as the Secretary may require.
       ``(2) Priority.--In selecting projects for grants, the 
     Secretary shall give priority to projects that are consistent 
     with the objectives of the short sea transportation 
     initiative and America's Marine Highway Program that will--
       ``(A) mitigate landside congestion;
       ``(B) provide the greatest public benefit in energy 
     savings, reduced emissions, improved system resiliency, and 
     improved safety;
       ``(C) include and demonstrate the greatest environmental 
     responsibility; and
       ``(D) provide savings as an alternative to or means to 
     avoid highway or rail transportation infrastructure 
     construction and maintenance.
       ``(e) Use of Grant Funds.--Funds made available to a 
     recipient of a grant under this section shall be used by the 
     recipient for the project described in the application of the 
     recipient approved by the Secretary.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     556 of title 46, United States Code, is amended--
       (1) by redesignating the items relating to sections 55602 
     through 55605 as relating to section 55603 through 55606; and
       (2) by inserting after the item relating to section 55601 
     the following:

``55602. Short sea transportation grant program.''.

     SEC. --13. EXPANSION OF THE MARINE VIEW SYSTEM.

       (a) Definitions.--In this section:
       (1) Marine transportation system.--The term ``marine 
     transportation system'' means the navigable water 
     transportation system of the United States, including the 
     vessels, ports (and intermodal connections thereto), and 
     shipyards and other vessel repair facilities that are 
     components of that system.
       (2) Marine view system.--The term ``Marine View system'' 
     means the information system of the Maritime Administration 
     known as Marine View.
       (b) Findings.--Congress finds the following:
       (1) Information regarding the marine transportation system 
     is comprised of information from the Government of the United 
     States and from commercial sources.

[[Page S8056]]

       (2) Marine transportation system information includes 
     information regarding waterways, bridges, locks, dams, and 
     all intermodal components that are dependent on maritime 
     transportation and accurate information regarding marine 
     transportation is critical to the health of the United States 
     economy.
       (3) Numerous challenges face the marine transportation 
     system, including projected growth in cargo volumes, 
     international competition, complexity, cooperation, and the 
     need for improved efficiency.
       (4) There are deficiencies in the current information 
     environment of the marine transportation system, including 
     the inability to model the entire marine transportation 
     system to address capacity planning, disaster planning, and 
     disaster recovery.
       (5) The current information environment of the marine 
     transportation system contains multiple unique systems that 
     are duplicative, not integrated, not able to be shared, not 
     secure, or that have little structured privacy protections, 
     not protected from loss or destruction, and will not be 
     available when needed.
       (6) There is a lack of system-wide information views in the 
     marine transportation system.
       (7) The Administrator of the Maritime Administration is 
     uniquely positioned to develop and execute the role of marine 
     transportation system information advocate, to serve as the 
     focal point for marine transportation system information 
     management, and to provide a robust information 
     infrastructure to identify, collect, secure, protect, store, 
     and deliver critical information regarding the marine 
     transportation system.
       (c) Purposes.--The purposes of this section are--
       (1) to expand the Marine View system; and
       (2) to provide support for the strategic requirements of 
     the marine transportation system and its contribution to the 
     economic viability of the United States.
       (d) Expansion of Marine View System.--To accomplish the 
     purposes of this section, the Secretary of Transportation 
     shall expand the Marine View system so that such system is 
     able to identify, collect, integrate, secure, protect, store, 
     and securely distribute throughout the marine transportation 
     system information that--
       (1) provides access to many disparate marine transportation 
     system data sources;
       (2) enables a system-wide view of the marine transportation 
     system;
       (3) fosters partnerships between the Government of the 
     United States and private entities;
       (4) facilitates accurate and efficient modeling of the 
     entire marine transportation system environment;
       (5) monitors and tracks threats to the marine 
     transportation system, including areas of severe weather or 
     reported piracy; and
       (6) provides vessel tracking and rerouting, as appropriate, 
     to ensure that the economic viability of the United States 
     waterways is maintained.
       (e) Agreements and Contracts.--The Administrator of the 
     Maritime Administration may enter into cooperative 
     agreements, partnerships, contracts, or other agreements with 
     industry or other Federal agencies to carry out this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for each of fiscal years 2010 
     through 2013 to carry out this section.

     SEC. --14. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2010.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation, for the use of the Maritime 
     Administration, for fiscal year 2010 the following amounts:
       (1) For expenses necessary for operations and training 
     activities, $152,900,000, of which--
       (A) $74,448,000 shall remain available until expended for 
     expenses at the United States Merchant Marine Academy, of 
     which $15,391,000 shall be available for the capital 
     improvement program; and
       (B) $11,240,000 which shall remain available until expended 
     for maintenance and repair of school ships at the State 
     Maritime Academies.
       (2) For expenses to maintain and preserve a United States-
     flag merchant fleet to serve the national security needs of 
     the United States under chapter 531 of title 46, United 
     States Code, $174,000,000.
       (3) For paying reimbursement under section 3517 of the 
     Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
     $19,500,000.
       (4) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, including provision of 
     assistance under section 7 of Public Law 92-402, $15,000,000.
       (5) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $30,000,000.
       (6) For administrative expenses related to the 
     implementation of the loan guarantee program under chapter 
     537 of title 46, United States Code, administrative expenses 
     related to implementation of the reimbursement program under 
     section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
     53101 note), and administrative expenses related to the 
     implementation of the small shipyards and maritime 
     communities assistance program under section 54101 of title 
     46, United States Code, $6,000,000.
       (b) Availability.--Amounts appropriated pursuant to 
     subsection (a) shall remain available, as provided in 
     appropriations Acts, until expended.
                                 ______
                                 
  SA 1798. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1694 submitted by Mr. Inhofe and intended to be proposed 
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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 252. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
                   SYSTEM.

       (a) In General.--Not later than March 31, 2010, the 
     Assistant Secretary of the Army for Acquisition, Logistics, 
     and Technology shall conduct a comparative evaluation of 
     extended range modular sniper rifle systems, including .300 
     Winchester Magnum, .338 Lapua Magnum, and other calibers. The 
     evaluation shall identify and demonstrate an integrated suite 
     of technologies capable of--
       (1) extending the effective range of snipers;
       (2) meeting service or unit requirements or operational 
     need statements; or
       (3) closing documented capability gaps.
       (b) Funding.--The Assistant Secretary of the Army for 
     Acquisition, Logistics, and Technology shall conduct the 
     evaluation required by subsection (a) using amounts 
     appropriated for fiscal year 2009 for extended range modular 
     sniper rifle system research (PE # 0604802A) that are 
     unobligated.
       (c) Report.--Not later than April 30, 2010, the Assistant 
     Secretary of the Army for Acquisition, Logistics, and 
     Technology shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report containing the results of the 
     evaluation required by subsection (a), including--
       (1) detailed ballistics and system performance data; and
       (2) an assessment of the operational capabilities of 
     extended range modular sniper rifle systems to meet service 
     or unit requirements or operational need statements or close 
     documented capabilities gaps.
                                 ______
                                 
  SA 1799. Ms. KLOBUCHAR 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 557. IMPROVED 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 develop and 
     implement a plan to expand existing initiatives of the 
     Department of Defense 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 plan required by paragraph (1) shall 
     include the following:
       (A) Programs and activities to educate 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) Efforts to expand counseling activities for such family 
     members in local communities.
       (b) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and at such times thereafter as 
     the Secretary of Defense considers appropriate, 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 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

[[Page S8057]]

     Guard and Reserve who are deployed overseas during the 
     mobilization, deployment, and demobilization of such members 
     of the National Guard and Reserve.
                                 ______
                                 
  SA 1800. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON AUTOMATED SMALL ARMS AMMUNITION SORTING.

       (a) Findings.--Congress makes the following findings:
       (1) From 2001 to 2009, small arms ammunition acquisition by 
     the Federal Government increased to over 2,000,000,000 
     rounds, with 80 percent of that ammunition being used for 
     training or noncombat purposes.
       (2) An automatic ammunition sorting and inspecting 
     capability currently only exists at Camp Arifjan, Kuwait, and 
     Fort Irwin, California.
       (3) It is in the best financial and logistical interest to 
     expedite and increase the recapitalization of unused small 
     arms ammunition within the Department of Defense.
       (b) Report Required.--
       (1) In general.--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 on small arms 
     ammunition.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) The plan of the Department of Defense to recoup and 
     recapitalize large quantities of loose small arms ammunition 
     (9mm, .45 caliber, 5.56mm, 7.62mm, and .50 caliber).
       (B) An assessment of the cost savings of an increased 
     industrial capacity to automatically sort and inspect large 
     quantities of loose and unused small arms ammunition in lieu 
     of manual inspection and sorting methods.
       (C) The intent of the Department of Defense to invest in 
     automatic ammunition sorting infrastructure that reduces the 
     number of personnel required to manually sort ammunition and 
     expedites ammunition usage by members of the Armed Forces for 
     combat and training.
       (D) The impact of military installations and departments 
     having the ability to automatically and mechanically sort 
     spent brass from live ammunition and visually inspect and 
     identify ammunition for quality control and authenticity.
                                 ______
                                 
  SA 1801. Mrs. GILLIBRAND 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; as follows:

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

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

       The Secretary of the Navy shall take measures to ensure 
     competition, or the option of competition, for steam turbines 
     for the ships service turbine generators and main propulsion 
     turbines for the Ohio-class submarine replacement program in 
     accordance with section 202 of the Weapons Systems 
     Acquisition Reform Act of 2009 (Public Law 111-23; 10 U.S.C. 
     2430 note).
                                 ______
                                 
  SA 1802. Mr. DODD 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; as follows:

       Beginning on page 184, line 20, strike ``serves on active 
     duty'' and all that follows through ``serves on active duty'' 
     on page 185, line 6, and insert the following: ``serves on 
     active duty in the Armed Forces or active status in a reserve 
     component of the Armed Forces, including time served 
     performing pre-deployment and re-integration duty regardless 
     of whether or not such duty was performed by such a member on 
     active duty in the Armed Forces, or has the member's 
     eligibility for retirement from the Armed Forces suspended, 
     as described in that subsection.
       (b) Covered Members.--A member of the Armed Forces 
     described in this subsection is any member of the Army, Navy, 
     Air Force, or Marine Corps (including a member of a reserve 
     component thereof) who, at any time during the period 
     beginning on October 1, 2009, and ending on June 30, 2011, 
     serves on active duty in the Armed Forces or active status in 
     a reserve component of the Armed Forces, including time 
     served performing pre-deployment and re-integration duty 
     regardless of whether or not such duty was performed by such 
     a member on active duty in the Armed Forces,
                                 ______
                                 
  SA 1803. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       Add the end of subtitle D of title II, add the following:

     SEC. 252. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
                   SYSTEMS.

       (a) In General.--Not later than March 31, 2010, the 
     Assistant Secretary of the Army for Acquisition, Logistics, 
     and Technology shall conduct a comparative evaluation of 
     extended range modular sniper rifle systems, including .300 
     Winchester Magnum, .338 Lapua Magnum, and other calibers. The 
     evaluation shall identify and demonstrate an integrated suite 
     of technologies capable of--
       (1) extending the effective range of snipers;
       (2) meeting service or unit requirements or operational 
     need statements; or
       (3) closing documented capability gaps.
       (b) Funding.--The Assistant Secretary of the Army for 
     Acquisition, Logistics, and Technology shall conduct the 
     evaluation required by subsection (a) using amounts 
     appropriated for fiscal year 2009 for extended range modular 
     sniper rifle system research (PE # 0604802A) that are 
     unobligated.
       (c) Report.--Not later than April 30, 2010, the Assistant 
     Secretary of the Army for Acquisition, Logistics, and 
     Technology shall submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives a report containing the results of the 
     evaluation required by subsection (a), including--
       (1) detailed ballistics and system performance data; and
       (2) an assessment of the operational capabilities of 
     extended range modular sniper rifle systems to meet service 
     or unit requirements or operational need statements or close 
     documented capabilities gaps.
                                 ______
                                 
  SA 1804. Mrs. SHAHEEN (for herself, Mr. Johanns, Mr. Kaufman, Mr. 
Bond, Mr. Begich, and Mrs. McCaskill) submitted an amendment intended 
to be proposed to amendment SA 1621 proposed by Mrs. SHAHEEN (for 
herself, Mr. Johanns, Mr. Kaufman, and Mr. Begich) 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 5, line 2, of the amendment, strike 
     ``programs.''.'' and insert the following: ``programs.
       ``(4) Termination.--The program established under this 
     subsection shall terminate on October 1, 2012.''.
                                 ______
                                 
  SA 1805. Mr. SANDERS 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 V, add the following:

     SEC. 557. INCREASE IN FINANCIAL ASSISTANCE FOR CHILD CARE FOR 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to provide financial assistance to 
     cover not less than 75 percent of the costs of child care 
     described in subsection (b) for members of the Armed Forces 
     who are currently eligible to receive financial assistance 
     for the costs of child care.
       (b) Child Care Described.--Child care described in this 
     subsection is child care--
       (1) provided through a child care program operated or 
     otherwise authorized by the Department of Defense; or
       (2) for which the Department of Defense otherwise provides 
     financial assistance.
                                 ______
                                 
  SA 1806. Mr. THUNE 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,

[[Page S8058]]

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. ADDITIONAL MEMBERS AND DUTIES FOR INDEPENDENT 
                   PANEL TO ASSESS THE QUADRENNIAL DEFENSE REVIEW.

       (a) Finding.--Congress understands that the independent 
     panel appointed by the Secretary of Defense pursuant to 
     section 118(f) of title 10, United States Code, will be 
     comprised of twelve members equally divided on a bipartisan 
     basis.
       (b) Sense of Congress on Independent Panel.--It is the 
     sense of Congress that the independent panel appointed by the 
     Secretary of Defense pursuant to section 118(f) of title 10, 
     United States Code, should be comprised of members equally 
     divided on a bipartisan basis.
       (c) Additional Members.--
       (1) In general.--For purposes of conducting the assessment 
     of the 2009 quadrennial defense review under section 118 of 
     title 10, United States Code (in this section referred to as 
     the ``2009 QDR''), the independent panel established under 
     subsection (f) of such section (in this section referred to 
     as the ``Panel'') shall include eight additional members to 
     be appointed as follows:
       (A) Two by the chairman of the Committee on Armed Services 
     of the House of Representatives.
       (B) Two by the chairman of the Committee on Armed Services 
     of the Senate.
       (C) Two by the ranking member of the Committee on Armed 
     Services of the House of Representatives.
       (D) Two by the ranking member of the Committee on Armed 
     Services of the Senate.
       (2) Period of appointment; vacancies.--Any vacancy in an 
     appointment to the Panel under paragraph (1) shall be filled 
     in the same manner as the original appointment.
       (d) Additional Duties of Panel for 2009 QDR.--In addition 
     to the duties of the Panel under section 118(f) of title 10, 
     United States Code, the Panel shall, with respect to the 2009 
     QDR--
       (1) conduct an independent assessment of a variety of 
     possible force structures of the Armed Forces, including the 
     force structure identified in the report of the 2009 QDR; and
       (2) make any recommendations it considers appropriate for 
     consideration.
       (e) Report of Secretary of Defense.--Not later than 30 days 
     after the Panel submits its report with respect to the 2009 
     QDR under section 118(f)(2) of title 10, United States Code, 
     the Secretary of Defense, after consultation with the 
     Chairman of the Joint Chiefs of Staff, shall submit to the 
     congressional defense committees any comments of the 
     Secretary on the report of the Panel.
       (f) Termination.--The provisions of this section shall 
     terminate on the day that is 45 days after the date on which 
     the Panel submits its report with respect to the 2009 QDR 
     under section 118(f)(2) of title 10, United States Code.
                                 ______
                                 
  SA 1807. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 1760 submitted by Mr. Kyl (for himself, Mr. McConnell, Mr. 
McCain, Mr. Inhofe, Mr. Sessions, Mr. Graham, Mr. Vitter, Mr. DeMint, 
Mr. Risch, Mr. Cornyn, Mr. Barrasso, Mr. Lieberman, Mr. Wicker, and Mr. 
Bennett) 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:

       Beginning on page 1, line 2, strike ``LIMITATION'' and all 
     that follows through page 5, line 3, and insert the 
     following: ``REPORT ON THE PLAN FOR THE UNITED STATES NUCLEAR 
     WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY 
     PLATFORMS AND SENSE OF THE SENATE ON FOLLOW-ON NEGOTIATIONS 
     TO START TREATY.
       (a) Report on the Plan for the United States Nuclear 
     Weapons Stockpile, Nuclear Weapons Complex, and Delivery 
     Platforms.--
       (1) Report required.--Not later than 30 days after the date 
     of the enactment of this Act or at the time a follow-on 
     treaty to the Strategic Arms Reduction Treaty (START Treaty) 
     is submitted by the President to the Senate for its advice 
     and consent, whichever is earlier, the President shall submit 
     to the congressional defense and foreign relations committees 
     a report on the plan to enhance the safety, security, and 
     reliability of the United States nuclear weapons stockpile, 
     modernize the nuclear weapons complex, and maintain the 
     delivery platforms for nuclear weapons.
       (2) Coordination.--The President shall prepare the report 
     required under paragraph (1) in coordination with the 
     Secretary of Defense, the directors of Sandia National 
     Laboratory, Los Alamos National Laboratory, and Lawrence 
     Livermore National Laboratory, the Administrator for the 
     National Nuclear Security Administration, and the Commander 
     of the United States Strategic Command.
       (3) Elements.--The report required under paragraph (1) 
     shall include the following:
       (A) A description of the plan to enhance the safety, 
     security, and reliability of the United States nuclear 
     weapons stockpile.
       (B) A description of the plan to modernize the nuclear 
     weapons complex, including improving the safety of 
     facilities, modernizing the infrastructure, and maintaining 
     the key capabilities and competencies of the nuclear weapons 
     workforce, including designers and technicians.
       (C) A description of the plan to maintain delivery 
     platforms for nuclear weapons.
       (D) An estimate of budget requirements, including the costs 
     associated with the plans outlined under subparagraphs (A) 
     through (C), over a 10-year period.
       (b) Sense of the Senate on Follow-on Negotiations to the 
     START Treaty.--The Senate urges the President to maintain the 
     stated position of the United States that the follow-on 
     treaty to the START Treaty not include any limitations on the 
     ballistic missile defense systems, space capabilities, or 
     advanced conventional weapons systems of the United States.
                                 ______
                                 
  SA 1808. Mr. NELSON of Florida 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; as follows:

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

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

       (a) Provision of Comprehensive Information Required.--The 
     Secretary of the military department concerned shall, at each 
     time specified in subsection (b), provide to each member of 
     the Armed Forces and, when practicable, the family members of 
     such member comprehensive information on the benefits 
     available to such member and family members as described in 
     subsection (c), including the estimated monetary amount of 
     such benefits and of any applicable offsets to such benefits.
       (b) Times for Provision of Information.--Comprehensive 
     information on benefits shall be provided a member of the 
     Armed Forces and family members at each time as follows:
       (1) Within 180 days of the enlistment, accession, or 
     commissioning of the member as a member of the Armed Forces.
       (2) Within 180 days of a determination that the member--
       (A) has incurred a service-connected disability; and
       (B) is unfit to perform the duties of the member's office, 
     grade, rank, or rating because of such disability.
       (3) Upon the discharge, separation, retirement, or release 
     of the member from the Armed Forces.
       (c) Covered Benefits.--The benefits on which a member of 
     the Armed Forces and family members shall be provided 
     comprehensive information under this section shall be as 
     follows:
       (1) At all the times described in subsection (b), the 
     benefits shall include the following:
       (A) Financial compensation, including financial counseling.
       (B) Health care and life insurance programs for members of 
     the Armed Forces and their families.
       (C) Death benefits.
       (D) Entitlements and survivor benefits for dependents of 
     the Armed Forces, including offsets in the receipt of such 
     benefits under the Survivor Benefit Plan and in connection 
     with the receipt of dependency and indemnity compensation.
       (E) Educational assistance benefits, including limitations 
     on and the transferability of such assistance.
       (F) Housing assistance benefits, including counseling.
       (G) Relocation planning and preparation.
       (H) Such other benefits as the Secretary concerned 
     considers appropriate.
       (2) At the time described in paragraph (1) of such 
     subsection, the benefits shall include the following:
       (A) Maintaining military records.
       (B) Legal assistance.
       (C) Quality of life programs.
       (D) Family and community programs.
       (E) Such other benefits as the Secretary concerned 
     considers appropriate.
       (3) At the times described in paragraphs (2) and (3) of 
     such subsection, the benefits shall include the following:
       (A) Employment assistance.
       (B) Continuing Reserve Component service.
       (C) Disability benefits, including offsets in connection 
     with the receipt of such benefits.
       (D) Benefits and services provided under laws administered 
     by the Secretary of Veterans Affairs.
       (E) Such other benefits as the Secretary concerned 
     considers appropriate.
       (d) Biennial Notice to Members of the Armed Forces on the 
     Value of Pay and Benefits.--
       (1) Biennial notice required.--The Secretary of each 
     military department shall

[[Page S8059]]

     provide to each member of the Armed Forces under the 
     jurisdiction of such Secretary on a biennial basis notice on 
     the value of the pay and benefits paid or provided to such 
     member by law during the preceding year. The notice may be 
     provided in writing or electronically, at the election of the 
     Secretary.
       (2) Elements.--Each notice provided a member under 
     paragraph (1) shall include the following:
       (A) A statement of the estimated value of the military 
     health care, retirement benefits, disability benefits, 
     commissary and exchange privileges, government-provided 
     housing, tax benefits associated with service in the Armed 
     Forces, and special pays paid or provided the member during 
     the preceding 24 months.
       (B) A notice regarding the death and survivor benefits, 
     including Servicemembers' Group Life Insurance, to which the 
     family of the member would be entitled in the event of the 
     death of the member, and a description of any offsets that 
     might be applicable to such benefits.
       (C) Information on other programs available to members of 
     the Armed Forces generally, such as access to morale, 
     welfare, and recreation (MWR) facilities, child care, and 
     education tuition assistance, and the estimated value, if 
     ascertainable, of the availability of such programs in the 
     area where the member is stationed or resides.
       (e) Other Outreach.--
       (1) In general.--The Secretaries of the military 
     departments shall, on a periodic basis, conduct outreach on 
     the pay, benefits, and programs and services available to 
     members of the Armed Forces by reason of service in the Armed 
     Forces. The outreach shall be conducted pursuant to public 
     service announcements, publications, and such other 
     announcements through general media as will serve to 
     disseminate the information broadly among the general public.
       (2) Internet outreach website.--
       (A) In general.--The Secretary of Defense shall establish 
     an Internet website for the purpose of providing the 
     comprehensive information about the benefits and offsets 
     described in subsection (c) to members of the Armed Forces 
     and their families.
       (B) Contact information.--The Internet website required by 
     subparagraph (A) shall provide contact information, both 
     telephone and e-mail, that a member of the Armed Forces and a 
     family member of the member can use to get personalized 
     information about the benefits and offsets described in 
     subsection (c).
       (f) Reports.--
       (1) Initial report.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the implementation of the requirements of this section by the 
     Department of Defense. Such report shall include a 
     description of the quality and scope of available online 
     resources that provide information about benefits for members 
     of the Armed Forces and their families.
       (2) Records maintained.--The Secretary of Defense or the 
     miitary department concerned shall maintain records that 
     contain the number of individuals that received a briefing 
     under this section in the previous year disaggregated by the 
     following:
       (A) Whether the individual is a member of the Armed Forces 
     or a family member of a member of the Armed Forces.
       (B) The Armed Force of the members.
       (C) The State or territory in which the briefing occurred.
       (D) The subject of the briefing.
                                 ______
                                 
  SA 1809. 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 PRODUCTION OF MOLYBDENUM-
                   99.

       (a) Findings.--The Senate makes the following findings:
       (1) There are fewer than five reactors around the world 
     currently capable of producing molybdenum-99 (Mo-99) and 
     there are no such reactors in the United States that can 
     provide a reliable supply of Mo-99 to meet medical needs.
       (2) Since November 2007, there have been major disruptions 
     in the global availability of Mo-99, including at facilities 
     in Canada and the Netherlands, which have led to shortages of 
     Mo-99-based medical products in the United States and around 
     the world.
       (3) Ensuring a reliable, supply of medical radioisotopes, 
     including Mo-99, is of great importance to the public health.
       (4) It is also a national security priority of the United 
     States, and specifically of the Department of Energy, to 
     encourage the production of low-enriched uranium-based 
     radioisotopes in order to promote a more peaceful 
     international nuclear order.
       (5) The National Academy of Sciences has identified a need 
     to establish a reliable capability in the United States for 
     the production of Mo-99 and its derivatives for medical 
     purposes using low-enriched uranium.
       (6) There also exists a capable industrial base in the 
     United States that can support the development of Mo-99 
     production facilities and can conduct the processing and 
     distribution of radiopharmaceutical products for use in 
     medical tests worldwide.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) radioisotopes and radiopharmaceuticals, including Mo-99 
     and its derivatives, are essential components of medical 
     tests that help diagnose and treat life-threatening diseases 
     affecting millions of people each year; and
       (2) the Secretary of Energy should continue and expand a 
     program to meet the need identified by the National Academy 
     of Sciences to ensure a source of Mo-99 and its derivatives 
     for use in medical tests to help ensure the health security 
     of the United States and around the world and promote 
     peaceful nuclear industries through the use of low-enriched 
     uranium.
                                 ______
                                 
  SA 1810. Mr. SANDERS 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. 557. INCREASE IN FINANCIAL ASSISTANCE FOR CHILD CARE FOR 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to provide financial assistance to 
     cover not less than 75 percent of the costs of child care 
     described in subsection (b) for members of the Armed Forces 
     who are currently eligible to receive financial assistance 
     for the costs of child care.
       (b) Child Care Described.--Child care described in this 
     subsection is child care--
       (1) provided through a child care program operated or 
     otherwise authorized by the Department of Defense; or
       (2) for which the Department of Defense otherwise provides 
     financial assistance.
                                 ______
                                 
  SA 1811. Mr. COBURN (for himself and Mr. Kerry) 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; as 
follows:

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

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

       Section 1225 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2424) is amended--
       (1) in subsection (a), by striking ``until December 31, 
     2010, the President shall submit'' and inserting ``(but not 
     later than the first of each May), the Director of the Office 
     of Management and Budget shall submit''; and
       (2) by adding at the end the following:
       ``(c) Public Availability of Information.--The Director of 
     the Office of Management and Budget shall post a public 
     version of each report submitted under subsection (a) on a 
     text-based searchable and publicly available Internet Web 
     site.''.
                                 ______
                                 
  SA 1812. Mr. LEAHY (for himself, Mr. Bingaman, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

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

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

       (a) Report.--The Secretary of Defense shall submit to 
     Congress a report on the feasibility and the desirability of 
     establishing general uniform procedures and guidelines for 
     the provision by the United States of monetary assistance to 
     civilian foreign nationals for losses, injuries, or death 
     (hereafter ``harm'') incident to combat activities of the 
     United States Armed Forces during contingency operations.
       (b) Matters To Be Included in Report.--The Secretary shall 
     include in the report the following:
       (1) A description of the authorities under laws in effect 
     as of the date of the enactment

[[Page S8060]]

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

                          ____________________