[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[Senate]
[Pages S9938-S9940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 2558. Mr. McCAIN proposed an amendment to the bill H.R. 3326, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2010, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Reduction of Aircraft Procurement, Air Force, 
     for Excess Amounts for C-17 Aircraft.--The amount 
     appropriated by title III under the heading ``Aircraft 
     Procurement, Air Force'' is hereby reduced by $2,500,000,000, 
     the amount equal to the amount by which the amount available 
     under that heading for the procurement of C-17 aircraft 
     exceeds the amount requested by the President in the budget 
     for the Department of Defense for fiscal year 2010 for the 
     procurement of such aircraft, with the amount of the 
     reduction to be allocated to amounts otherwise available for 
     the procurement of such aircraft.
       (b) Availability for Operation and Maintenance.--The amount 
     appropriated by title II for Operation and Maintenance is 
     hereby increased by $2,438,403,000, in accordance with 
     amounts requested by the President in the budget for the 
     Department of Defense for fiscal year 2010.
       (c) Availability for Operation and Maintenance, Army, for 
     Overseas Contingency Operations.--The amount appropriated by 
     title IX under the heading ``Operation and Maintenance, 
     Army'', is hereby increased by $61,597,000.
                                 ______
                                 
  SA 2559. Mr. SANDERS (for himself, Mr. Byrd, and Mr. Feingold) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3326, making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test, and Evaluation, Army'', $12,000,000 shall 
     be available for the peer-reviewed Gulf War Illness Research 
     Program of the Army run by Congressionally Directed Medical 
     Research Programs.
                                 ______
                                 
  SA 2560. Mr. McCAIN (for himself, Mr. Feingold, and Mr. Coburn) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3326, making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2010, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.  Any specific project contained in the Joint 
     Explanatory statement accompanying this Act that is 
     considered a congressional earmark for purposes of clause 9 
     of rule XXI of the Rules of the House of Representatives or a 
     congressionally directed spending item as defined in rule 
     XLIV of the Standing Rules of the Senate, when intended to be 
     awarded to a for-profit entity, shall be awarded under full 
     and open competition.
                                 ______
                                 
  SA 2561. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Limitation on Availability of Funds for 
     Execution of Contracts Under LOGCAP.--None of the funds 
     appropriated or otherwise made available by this Act may be 
     obligated or expended for the execution of a contract under 
     the Logistics Civil Augmentation Program (LOGCAP) unless the 
     Secretary of the Army determines that the contract explicitly 
     requires the contractor to inspect and immediately correct 
     deficiencies that present an imminent threat of death or 
     serious bodily injury so as to ensure compliance with the 
     United States National Electric Code in work under the 
     contract.
       (b) Waiver.--The Secretary of the Army may waive the 
     applicability of the limitation in subsection (a) to any 
     contract if the Secretary certifies in writing to Congress 
     that--
       (1) the waiver is necessary for the provision of essential 
     services to troops in the field; or
       (2) the work under such contract does not present an 
     imminent threat of death or serious bodily injury.
                                 ______
                                 
  SA 2562. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104. (a) It is the sense of Congress that--
       (1) the Nevada Test Site of the National Nuclear Security 
     Administration can play an effective and essential role in 
     developing and demonstrating--
       (A) innovative and effective methods for treaty 
     verification and the detection of nuclear weapons and other 
     materials; and
       (B) related threat reduction technologies; and
       (2) the Administrator for Nuclear Security should expand 
     the mission of the Nevada Test Site to carry out the role 
     described in paragraph (1), including by--
       (A) fully utilizing the inherent capabilities and uniquely 
     secure location of the Site;
       (B) continuing to support the Nation's nuclear weapons 
     program and other national security programs; and
       (C) renaming the Site to reflect the expanded mission of 
     the Site.
       (b) Not later than one year after the date of the enactment 
     of this Act, the Administrator for Nuclear Security shall 
     submit to the congressional defense committees a plan for 
     improving the infrastructure of the Nevada Test Site of the 
     National Nuclear Security Administration--
       (1) to fulfill the expanded mission of the Site described 
     in subsection (a); and
       (2) to make the Site available to support the threat 
     reduction programs of the entire national security community, 
     including threat reduction programs of the National Nuclear 
     Security Administration, the Defense Threat Reduction Agency, 
     the Department of Homeland Security, and other agencies as 
     appropriate.
                                 ______
                                 
  SA 2563. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. (a) Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), any report 
     required to be submitted by a Federal agency or department to 
     the Committee on Appropriations of either the Senate or the 
     House of Representatives in this Act shall be posted on the 
     public website of that agency upon receipt by the committee.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
                                 ______
                                 
  SA 2564. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 239, beginning on line 21, strike ``the total 
     amount'' and all that follows through ``$236,000,000'' and 
     insert ``the total amount appropriated in title III of this 
     Act is hereby reduced by $322,000,000, the total amount 
     appropriated in title IV of this Act is hereby reduced by 
     $530,000''.
                                 ______
                                 
  SA 2565. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 177, line 23, strike ``the modernization'' and all 
     that follows through line 25 and insert the following: ``and 
     the Secretary of Defense, who upon completion of a thorough 
     review, shall provide to each standing committee of Congress 
     a modernization priority assessment for their respective 
     Reserve or National Guard component.''.
                                 ______
                                 
  SA 2566. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  No amounts appropriated or otherwise made 
     available by this Act may be obligated or expended to fund 
     any congressionally directed spending item included in the 
     report of the Committee on Appropriations of the Senate 
     (Senate Report 111-74) with respect to any account as 
     follows:
       (1) Operation and Maintenance, Army.
       (2) Operation and Maintenance, Navy.
       (3) Operation and Maintenance, Marine Corps.
       (4) Operation and Maintenance, Air Force.
       (5) Operation and Maintenance, Defense-Wide.
       (6) Operation and Maintenance, Army Reserve.

[[Page S9939]]

       (7) Operation and Maintenance, Navy Reserve.
       (8) Operation and Maintenance, Marine Corps Reserve.
       (9) Operation and Maintenance, Air Force Reserve.
       (10) Operation and Maintenance, Army National Guard
       (11) Operation and Maintenance, Air National Guard.
                                 ______
                                 
  SA 2567. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill H.R. 3326, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  No amounts appropriated or otherwise made 
     available by this Act may be available for the Center on 
     Climate Change and National Security of the Central 
     Intelligence Agency.
                                 ______
                                 
  SA 2568. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  Of the amounts appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Defense-Wide'' and available for the Office of 
     the Secretary of Defense, up to $250,000 may be available to 
     the Under Secretary of Defense for Policy for the 
     declassification of the nuclear posture review conducted 
     under section 1041 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-262) upon the release 
     of the nuclear posture review to succeed such nuclear posture 
     review.
                                 ______
                                 
  SA 2569. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 239, beginning on line 21, strike ``the total 
     amount'' and all that follows through ``$236,000,000'' and 
     insert ``the total amount appropriated in title III of this 
     Act is hereby reduced by $322,000,000, the total amount 
     appropriated in title IV of this Act is hereby reduced by 
     $530,000,000''.
                                 ______
                                 
  SA 2570. Mrs. FEINSTEIN (for herself and Mr. Leahy) submitted an 
amendment intended to be proposed by her to the bill H.R. 3326, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104. (a) No funds appropriated or otherwise available 
     by this Act may be obligated or expended to use any cluster 
     munitions unless--
       (1) the submunitions of the cluster munitions, after 
     arming, do not result in more than 1 percent unexploded 
     ordnance across the range of intended operational 
     environments; and
       (2) the policy applicable to the use of such cluster 
     munitions specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present or in areas 
     normally inhabited by civilians.
       (b) The President may waive the requirement under 
     subsection (a)(1) if, prior to the use of cluster munitions, 
     the President--
       (1) certifies that it is vital to protect the security of 
     the United States; and
       (2) not later than 30 days after making such certification, 
     submits to the appropriate congressional committees a report, 
     in classified form if necessary, describing in detail--
       (A) the steps that will be taken to protect civilians; and
       (B) the failure rate of the cluster munitions that will be 
     used and whether such munitions are fitted with self-destruct 
     or self-deactivation devices.
       (c) In this section, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 2571. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Report on Use of Live Primates in Training 
     Relating to Chemical and Biological Agents.--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 setting forth a detailed 
     description of the requirements for the use by the Department 
     of Defense of live primates at the United States Army Medical 
     Research Institute of Chemical Defense, and elsewhere, to 
     demonstrate the effects of chemical or biological agents or 
     chemical (such as physostigmine) or biological agent 
     simulants in training programs.
       (b) Elements.--The report required by subsection (a) shall 
     include, at a minimum, the following:
       (1) The number of live primates used in the training 
     described in subsection (a).
       (2) The average lifespan of primates from the point of 
     introduction into such training programs.
       (3) An explanation why the use of primates in such training 
     is more advantageous and realistic than the use of human 
     simulators or other alternatives.
       (4) An estimate of the cost of converting from the use of 
     primates to human simulators in such training.
                                 ______
                                 
  SA 2572. Mr. DODD (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill H.R. 3326, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2010, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 245, between lines 8 and 9, insert the following:

     SEC. 8104. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR 
                   MEMBERS OF THE ARMED FORCES SUBJECT TO 
                   CONTINUING ACTIVE DUTY OR SERVICE UNDER STOP-
                   LOSS AUTHORITIES.

       (a) Special Pay Authorized.--The Secretary of the military 
     department concerned may pay monthly special pay to any 
     member of the Armed Forces described in subsection (b) for 
     any month or portion of a month in which the member 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 September 11, 2001, 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, while the 
     member's enlistment or period of obligated service is 
     extended, or has the member's eligibility for retirement 
     suspended, pursuant to section 123 or 12305 of title 10, 
     United States Code, or any other provision of law (commonly 
     referred to as a ``stop-loss authority'') authorizing the 
     President to extend an enlistment or period of obligated 
     service, or suspend eligibility for retirement, of a member 
     of the uniformed services in time of war or of national 
     emergency declared by Congress or the President.
       (c) Amount.--The amount of monthly special pay payable to a 
     member under this section for a month may not exceed $500.
       (d) Construction With Other Pays.--Monthly special pay 
     payable to a member under this section is in addition to any 
     other amounts payable to the member by law.
       (e) Funding.--
       (1) In general.--In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $29,000,000 
     is hereby appropriated to the Secretary of Defense to carry 
     out this section. Such amount shall be made available to the 
     Secretaries of the military departments only to provide 
     special pay during fiscal year 2010 to members of the Armed 
     Forces described in subsection (b) as provided in this 
     section.
       (2) Offset.--The amount appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Army'' is hereby reduced by $29,000,000.
                                 ______
                                 
  SA 2573. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Additional Amount for RDTE, Defense-Wide, for 
     Integrated Chemical and Biological Detection System.--The 
     amount appropriated by title IV under the heading ``Research, 
     Development, Test, and Evaluation, Defense-Wide'' is hereby 
     increased by $3,600,000, with

[[Page S9940]]

     the amount of the increase to be available for the Integrated 
     Chemical and Biological Detection System.
       (b) Offset.--The amount appropriated by title II under the 
     heading ``Operation and Maintenance, Army'' is hereby 
     decreased by $3,600,000, with the amount of the decrease to 
     be allocated to amounts available for Installation Processing 
     Node-Phase IIa.
                                 ______
                                 
  SA 2574. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The amount appropriated by title III under the 
     heading ``Aircraft Procurement, Air Force'' is hereby reduced 
     by $2,500,000,000, the amount equal to the amount by which 
     the amount available under that heading for the procurement 
     of C-17 aircraft exceeds the amount requested by the 
     President in the budget for the Department of Defense for 
     fiscal year 2010 for the procurement of such aircraft, with 
     the amount of the reduction to be allocated to amounts 
     otherwise available for the procurement of such aircraft.
                                 ______
                                 
  SA 2575. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3326, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2010, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Testimony Before Congress on Meeting United 
     States Objectives on Afghanistan and Pakistan.--The officials 
     specified subsection (b) shall each be made available, by not 
     later than November 15, 2009, to testify in open and closed 
     sessions before the relevant committees of Congress regarding 
     recommendations for additional forces and resources required 
     to achieve the objectives of United States policy with 
     respect to Afghanistan and Pakistan stated pursuant to 
     section 1117(a) of the Supplemental Appropriations Act, 2009 
     (Public Law 111-32; 123 Stat. 1907).
       (b) Officials.--The officials specified in this subsection 
     are the following:
       (1) The Commander of the United States Central Command.
       (2) The Commander of the United States European Command and 
     Supreme Allied Command, Europe.
       (3) The Commander of United States Forces-Afghanistan.
       (4) The United States Ambassador to Afghanistan

                          ____________________