[Congressional Record Volume 155, Number 140 (Thursday, October 1, 2009)]
[Senate]
[Pages S10069-S10075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2588. Mr. FRANKEN (for himself and Ms. Landrieu) 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; as follows:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used for any existing or 
     new Federal contract if the contractor or a subcontractor at 
     any tier requires that an employee or independent contractor, 
     as a condition of employment, sign a contract that mandates 
     that the employee or independent contractor performing work 
     under the contract or subcontract resolve through arbitration 
     any claim under title VII of the Civil Rights Act of 1964 or 
     any tort related to or arising out of sexual assault or 
     harassment, including assault and battery, intentional 
     infliction of emotional distress, false imprisonment, or 
     negligent hiring, supervision, or retention.

[[Page S10070]]

       (b) The prohibition in subsection (a) does not apply with 
     respect to employment contracts that may not be enforced in a 
     court of the United States.
                                 ______
                                 
  SA 2589. 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:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104.  None of the funds appropriated or otherwise 
     made available by this Act or any other Act may be used for 
     the program described on page two of Annex II to the 
     Classified Annex to S. 1494 (111th Congress, agreed to in the 
     Senate on September 16, 2009) prior to the date that the 
     staff of the Select Committee on Intelligence of the Senate 
     is provided access to such program, as described in such 
     Classified Annex.
                                 ______
                                 
  SA 2590. 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. __. (a) Findings.--The Senate makes the following 
     findings:
       (1) The President has emphasized the need for a 
     comprehensive, regional, inter-agency strategy for 
     Afghanistan and Pakistan.
       (2) The President has rightly focused on the need to 
     address the threat emanating from the Afghanistan-Pakistan 
     border region.
       (3) On September 20, 2009, the President stated that he 
     will ask how any proposed strategy ensures that `` . . . al 
     Qaeda and its extremist allies cannot attack the United 
     States homeland, our allies, [and] our troops who are based 
     in Europe''.
       (4) United States troop levels in Afghanistan have doubled 
     over the last year.
       (5) On September 20, 2009, the President cautioned against 
     the idea that ``by sending more troops [to Afghanistan] we're 
     automatically going to make Americans safe''.
       (6) 2009 has already become the deadliest year for United 
     States troops in Afghanistan.
       (7) General McChrystal has stated that it ``is realistic to 
     expect that Afghan and coalition casualties will increase''.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the President has brought needed leadership and focus 
     to one of the key national security challenges facing the 
     United States; and
       (2) if the President decides to increase United States 
     troop levels in Afghanistan, before doing so he should 
     provide Congress and the American people with information on 
     the following:
       (A) The expected costs of the increased troop levels.
       (B) The expected length of time for which troop levels will 
     be increased.
       (C) The likelihood that the increase in troop levels will 
     advance United States efforts to eliminate al Qaeda's safe 
     haven in Pakistan.
       (D) The likelihood that the ongoing United States military 
     presence in Afghanistan will increase militancy and 
     instability in Afghanistan and Pakistan.
                                 ______
                                 
  SA 2591. Mr. CASEY (for himself, Mr. Durbin, Mr. Reid, Mr. Kerry, Mr. 
Nelson of Florida and Ms. Klobuchar) 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).
       (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 contract explicitly requires the contractor--
       (A) 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 such contract;
       (B) monitor and immediately correct deficiencies in the 
     quality of any potable or non-potable water provided under 
     such contract to ensure that safe and sanitary water is 
     provided; and
       (C) establish and enforce strict standards for preventing, 
     and immediately addressing and cooperating with the 
     prosecution of, any instances of sexual assault in all of its 
     operations and the operations of its subcontractors;
       (2) the waiver is necessary for the provision of essential 
     services to troops in the field; or
       (3) the work under such contract does not present an 
     imminent threat of death or serious bodily injury.
                                 ______
                                 
  SA 2592. Mr. CASEY (for himself, Mr. Durbin, Mr. Reid, Mr. Kerry, Mr. 
Nelson of Florida, and Ms. Klobuchar) 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; 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--
       (1) 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;
       (2) monitor and immediately correct deficiencies in the 
     quality of any potable or non-potable water provided under 
     the contract to ensure that safe and sanitary water is 
     provided; and
       (3) establish and enforce strict standards for preventing, 
     and immediately addressing and cooperating with the 
     prosecution of, any instances of sexual assault in all of its 
     operations and the operations of its subcontractors.
       (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 2593. Mr. LEVIN (for himself, Mr. Webb, and 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; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Hearings on Strategy and Resources With 
     Respect to Afghanistan and Pakistan.--Appropriate committees 
     of Congress shall hold hearings, in open and closed session, 
     relating to the strategy and resources of the United States 
     with respect to Afghanistan and Pakistan promptly after the 
     decision by the President on those matters is announced.
       (b) Testimony.--The hearings described in subsection (a) 
     should include testimony from senior civilian and military 
     officials of the United States, including, but not limited 
     to, the following:
       (1) The Secretary of Defense.
       (2) The Secretary of State
       (3) The Chairman of the Joint Chiefs of Staff.
       (4) The Commander of the United States Central Command.
       (5) The Commander of the United States European Command and 
     Supreme Allied Commander, Europe.
       (6) The Commander of United States Forces-Afghanistan.
       (7) The United States Ambassador to Afghanistan.
       (8) The United States Ambassador to Pakistan.
                                 ______
                                 
  SA 2594. Mr. SHELBY (for himself and Mr. Bennett) 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; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Report on Ground-Based Interceptor Missiles.--
     Not later than 60 days after the date of the enactment of 
     this Act, the Director of the Missile Defense Agency shall 
     submit to the congressional defense committees a report on 
     the utilization of funds to maintain the production line of 
     Ground-Based Interceptor (GBI) missiles. The report shall 
     include a plan for the utilization of funds for Ground-Based 
     Interceptor missiles made available by this Act for the 
     Midcourse Defense Segment, including--
       (1) the number of Ground-based Interceptor missiles 
     proposed to be produced during fiscal year 2010; and
       (2) any plans for maintaining production of such missiles 
     and the subsystems and components of such missiles.
       (b) Report on Ground-Based Midcourse Defense System.--Not 
     later than 120 days after the date of the enactment of this 
     Act, the Director of the Missile Defense Agency shall submit 
     to the congressional defense committees a report setting 
     forth the acquisition strategy for the Ground-Based Midcourse 
     Defense (GMD) system during fiscal

[[Page S10071]]

     years 2011 through 2016. The report shall include a 
     description of the plans of the Missile Defense Agency for 
     each of the following:
       (1) To maintain the capability for production of Ground-
     Based Interceptor missiles.
       (2) To address modernization and obsolescence of the 
     Ground-Based Midcourse Defense system.
       (3) To conduct a robust test program for the Ground-Based 
     Midcourse Defense system.
                                 ______
                                 
  SA 2595. Mr. LIEBERMAN (for himself, Mr. Sessions, and Mr. Inhofe) 
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) Funding for Two-Stage Ground-Based Interceptor 
     Missile.--Of the amounts appropriated or otherwise made 
     available by this Act for a long-range missile defense system 
     in Europe, or appropriated or otherwise made available for 
     the Department of Defense for a long-range missile defense 
     system in Europe from the Consolidated Security Disaster 
     Assistance, and Continuing Appropriations Act of 2009 (Public 
     Law 110-329) and available for obligation, $151,000,000 shall 
     be available for research, development, test, and evaluation 
     of the two-stage ground-based interceptor missile.
       (b) Prohibition on Diversion of Funds.--Funds appropriated 
     or otherwise made available by this Act for the Missile 
     Defense Agency for the purpose of research, development, and 
     testing of the two-stage ground based interceptor missile 
     shall be utilized solely for that purpose, and may not be 
     reprogrammed or otherwise utilized for any other purpose.
       (c) Report.--Not later than February 1, 2010, the Director 
     of the Missile Defense Agency shall submit to the 
     congressional defense committees a report setting forth the 
     following:
       (1) A comprehensive plan for the continued development and 
     testing of the two-stage ground-based interceptor missile, 
     including a description how the Missile Defense Agency will 
     leverage the development and testing of such missile to 
     modernize the Ground-based Midcourse Defense component of the 
     ballistic missile defense system.
       (2) Options for deploying an additional Ground-based 
     Midcourse Defense site in Europe or the United States to 
     provide enhanced defense in response to future long-range 
     missile threats from Iran, and a description of how such a 
     site may be made interoperable with the planned missile 
     defense architecture for Europe and the United States.
                                 ______
                                 
  SA 2596. Mr. BOND (for himself, Mr. Nelson of Florida, and Mr. 
Bennett) 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; as 
follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Limitation on Early Retirement of Tactical 
     Aircraft.--The Secretary of the Air Force may not retire any 
     tactical aircraft as announced in the Combat Air Forces 
     structuring plan announced on May 18, 2009, until the 
     Secretary submits to the congressional defense committees the 
     report described in subsection (b).
       (b) Report.--The report described in this subsection is a 
     report that sets forth the following:
       (1) A detailed plan for how the Secretary of the Air Force 
     will fill the force structure and capability gaps resulting 
     from the retirement of tactical aircraft under the 
     structuring plan described in subsection (a).
       (2) A description of the follow-on missions for each base 
     affected by the structuring plan.
       (3) An explanation of the criteria used for selecting the 
     bases referred to in paragraph (2) and for the selection of 
     tactical aircraft for retirement under the structuring plan.
       (4) A plan for the reassignment of the regular and reserve 
     Air Force personnel affected by the retirement of tactical 
     aircraft under the structuring plan.
       (5) An estimate of the cost avoidance to be achieved by the 
     retirement of such tactical aircraft, and a description how 
     such funds would be invested under the period covered by the 
     most current future-years defense program.
                                 ______
                                 
  SA 2597. Mr. BOND 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. __.  It is the sense of the Senate to urge the 
     Secretary of Defense to establish in the Department of 
     Defense a single training center for the civilian law 
     enforcement force of the Department of Defense in order to--
       (1) promote the standardization of civilian law enforcement 
     training throughout the Department; and
       (2) ensure that post, camps, and stations of the Department 
     have a civilian law enforcement force adequate to ensure that 
     mission commanders in the Armed Forces have access to 
     adequate numbers of active duty military law enforcement 
     personnel to deploy and support ongoing contingency 
     operations.
                                 ______
                                 
  SA 2598. Mr. BROWNBACK (for himself, Mr. Dorgan, and Mr. Inouye) 
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; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES.

       (a) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors Native Peoples for the thousands of 
     years that they have stewarded and protected this land;
       (3) recognizes that there have been years of official 
     depredations, ill-conceived policies, and the breaking of 
     covenants by the Federal Government regarding Indian tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     wrongs and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the wrongs of the 
     United States against Indian tribes in the history of the 
     United States in order to bring healing to this land; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian tribes within their boundaries.
       (b) Disclaimer.--Nothing in this section--
       (1) authorizes or supports any claim against the United 
     States; or
       (2) serves as a settlement of any claim against the United 
     States.
                                 ______
                                 
  SA 2599. Mr. NELSON of Florida 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 the Haiti 
     Stabilization Initiative (HSI) has proven successful in 
     combining defense, diplomatic, and development assets in a 
     focused mission addressing the root causes of instability in 
     Haiti.
       (b)(1) Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense, in 
     concurrence with the Secretary of State, shall submit to the 
     congressional defense committees and the Committee on Foreign 
     Relations of the Senate and the Committee on Foreign Affairs 
     of the House of Representatives an unclassified report on the 
     Haiti Stabilization Initiative.
       (2) The report required under this subsection shall 
     address--
       (A) the role of the Haiti Stabilization Initiative in 
     contributing to security, stability, and development in Cite 
     Soleil and Martissant, Haiti, and recommendations for the 
     possible expansion of the program in other parts of Haiti; 
     and
       (B) challenges and lessons learned from HSI as a model for 
     interagency cooperation on security and stability programs.
                                 ______
                                 
  SA 2600. Mr. SANDERS 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) Funding for Outreach and Reintegration 
     Services Under Yellow Ribbon Reintegration Program.--Of the 
     amounts appropriated or otherwise made available by title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Army'', $20,000,000 shall be available for 
     outreach and reintegration services under the Yellow Ribbon 
     Reintegration Program under section 582(h) of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 125; 10 U.S.C. 10101 note).
       (b) Supplement Not Supplant.--The amount made available by 
     subsection (a) for

[[Page S10072]]

     the services described in that subsection is in addition to 
     any other amounts available in this Act for such services.
                                 ______
                                 
  SA 2601. Mr. SANDERS (for himself and Mr. Dorgan) 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; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Funding for Outreach and Reintegration 
     Services Under Yellow Ribbon Reintegration Program.--Of the 
     amounts appropriated or otherwise made available by title IX. 
     $20,000,000 shall be available for outreach and reintegration 
     services under the Yellow Ribbon Reintegration Program under 
     section 582(h) of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 122 Stat. 125; 10 
     U.S.C. 10101 note).
       (b) Supplement Not Supplant.--The amount made available by 
     subsection (a) for the services described in that subsection 
     is in addition to any other amounts available in this Act for 
     such services.
                                 ______
                                 
  SA 2602. Mr. GRAHAM 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 ``Procurement, Defense-Wide'' is hereby increased by 
     $9,740,000, with the amount of the increase to be available 
     for the Special Operations Forces Combat Assault Rifle (SCAR) 
     in accordance with amounts requested for that rifle in the 
     budget of the President for fiscal year 2010.
                                 ______
                                 
  SA 2603. Mr. SANDERS 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) The Secretary of Defense shall conduct a 
     study on defense contracting fraud and submit a report 
     containing the findings of such study to the congressional 
     defense committees.
       (b) The report required under subsection (a) shall 
     include--
       (1) an assessment of the total value of Department of 
     Defense contracts entered into to with contractors that have 
     been indicted for, settled charges of, been fined by any 
     Federal department or agency for, or been convicted of fraud 
     in connection with any contract or other transaction entered 
     into with the Federal Government; and
       (2) recommendations by the Inspector General of the 
     Department of Defense or other appropriate Department of 
     Defense official regarding how to penalize contractors 
     repeatedly involved in fraud in connection with contracts or 
     other transactions entered into with the Federal Government.
                                 ______
                                 
  SA 2604. 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:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104. (a) In collaboration with the Secretary of 
     Defense, the Secretary of State shall develop a plan for 
     replacing private security contractors with United States 
     Government personnel within one year after the date of the 
     enactment of this Act at United States missions in war zones 
     where the United States Armed Forces are engaged in combat 
     operations.
       (b) Not later than 120 days after the date of the enactment 
     of this Act, the Secretary of Defense shall submit the plan 
     developed under subsection (a) to the congressional defense 
     committees and the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 2605. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) 
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) Amount for Evaluations of Certain Laser 
     Systems.--Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Air Force'' and available 
     for Advanced Weapons Technology (PE# 0603605F), up to 
     $5,000,000 may be available to carry out the evaluations and 
     analyses required by subsection (b).
       (b) Evaluations and Analyses of Certain Laser Systems.--The 
     Secretary of Defense shall, in a manner consistent with the 
     October 8, 2008, report of the Air Force Scientific Advisory 
     Board entitled ``Airborne Tactical Laser (ATL) Feasibility 
     for Gunship Operations''--
       (1) carry out additional enhanced user evaluations of the 
     Advanced Tactical Laser system on a variety of instrumented 
     targets; and
       (2) enter into an agreement with a federally funded 
     research and development center under which the center 
     shall--
       (A) conduct an analysis of the feasibility of integrating 
     solid state laser systems onto C-130, B-1, and F-35 aircraft 
     platforms to provide close air support; and
       (B) estimate the cost per unit of such laser systems and 
     the cost of operating and maintaining each such platform with 
     such laser systems.
                                 ______
                                 
  SA 2606. 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 IV under the 
     heading ``Research, Development, Test and Evaluation, Air 
     Force'' is hereby reduced by $10,000,000, with the amount of 
     the reduction to be allocated to amounts available for the 
     Maui Space Surveillance System (MSSS) for PanSTARRS.
                                 ______
                                 
  SA 2607. 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. __.  The amount appropriated by title IX under the 
     heading ``Afghanistan Security Forces Fund'' is hereby 
     increased by $900,000,000, with the amount designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to section 403 of S. Con Res. 13 (111th Congress), 
     the concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 2608. Mr. KYL (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; as follows:

       At the appropriate place, insert the following:
       Sec. __.  The amount appropriated by title IX under the 
     heading ``Afghanistan Security Forces Fund'' is hereby 
     increased by $900,000,000.
                                 ______
                                 
  SA 2609. Mr. SESSIONS (for himself, Mr. Lieberman, and Mr. Bennett) 
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) Comptroller General Assessment of Phased 
     Adaptive Approach to Missile Defense in Europe.--The 
     Comptroller General of the United States shall submit to 
     Congress a report setting forth the assessment of the 
     Comptroller General of the so-called ``Phased Adaptive'' 
     approach to missile defense in Europe.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) A comparison of the capabilities, schedule, cost, 
     technology risk, requirements for basing agreements, and 
     geopolitical implications of the ``Phased Adaptive'' approach 
     to missile defense in Europe, as proposed by the Department 
     of Defense on September 17, 2009, with the approach to 
     missile defense in Europe, as outlined in the budget for 
     fiscal year 2009 for the Department of Defense and the 
     future-years defense program, to provide short, medium, 
     intermediate and long-range missile defense capabilities for 
     the protection of the United States its deployed forces, and 
     allies against the threat of Iranian ballistic missiles
       (2) A review of the intelligence data used to inform each 
     of the approaches.
       (c) Deadline and Form of Submittal.--The report required by 
     subsection (a) shall be submitted not later than the date of 
     the submittal to Congress of the budget of the President for 
     fiscal year 2011 (as submitted pursuant to section 1105 of 
     title 31, United States Code). The report may be submitted

[[Page S10073]]

     in the form of an initial briefing provided not later than 
     such submittal date, with a written report submitted not 
     later than 30 days after such initial briefing.
                                 ______
                                 
  SA 2610. Mr. SESSIONS 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. __.  None of the funds appropriated or otherwise made 
     available by this Act for the KC-X tanker aircraft 
     replacement program may be obligated or expended until the 
     Secretary of the Air Force releases comparable pricing data 
     to both offerors under the previous competition for that 
     program.
                                 ______
                                 
  SA 2611. Mr. WYDEN (for himself, Mr. Franken, Ms. Klobuchar, Mr. 
Roberts, Mr. Harkin, and Mr. Lautenberg) 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) Benefits Under PDMRA Program.--Under 
     regulations prescribed by the Secretary of Defense, the 
     Secretary concerned may provide any member or former member 
     of the Armed Forces with the benefits specified in subsection 
     (b) if the member or former member would, on any day during 
     the period beginning on January 19, 2007, and ending on the 
     date of the implementation of the Post-Deployment/
     Mobilization Respite Absence (PDMRA) program by the Secretary 
     concerned, have qualified for a day of administrative absence 
     under the Post-Deployment/Mobilization Respite Absence 
     program had the program been in effect during such period.
       (b) Benefits.--The benefits authorized under this section 
     are the following:
       (1) In the case of an individual who is a former member of 
     the Armed Forces at the time of the provision of benefits 
     under this section, payment of an amount not to exceed $200 
     for each day the individual would have qualified for a day of 
     administrative absence as described in subsection (a) during 
     the period specified in that subsection.
       (2) In the case of an individual who is a member of the 
     Armed Forces at the time of the provision of benefits under 
     this section, either one day of administrative absence or 
     payment of an amount not to exceed $200, as selected by the 
     Secretary concerned, for each day the individual would have 
     qualified for a day of administrative absence as described in 
     subsection (a) during the period specified in that 
     subsection.
       (c) Exclusion of Certain Former Members.--A former member 
     of the Armed Forces is not eligible under this section for 
     the benefits specified in subsection (b)(1) if the former 
     member was discharged or released from the Armed Forces under 
     other than honorable conditions.
       (d) Form of Payment.--The paid benefits authorized under 
     this section may be paid in a lump sum or installments, at 
     the election of the Secretary concerned.
       (e) Construction With Other Pay and Leave.--The benefits 
     provided a member or former member of the Armed Forces under 
     this section are in addition to any other pay, absence, or 
     leave provided by law.
       (f) Definitions.--In this section:
       (1) The term ``Post-Deployment/Mobilization Respite Absence 
     program'' means the program of a military department to 
     provide days of administrative absence not chargeable against 
     available leave to certain deployed or mobilized members of 
     the Armed Forces in order to assist such members in 
     reintegrating into civilian life after deployment or 
     mobilization.
       (2) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(5) of title 37, United States Code.
       (g) Termination.--(1) The authority to provide benefits 
     under this section shall expire on the date that is one year 
     after the date of the enactment of this Act.
       (2) Expiration under this subsection of the authority to 
     provide benefits under this section shall not affect the 
     utilization of any day of administrative absence provided a 
     member of the Armed Forces under subsection (b)(2), or the 
     payment of any payment authorized a member or former member 
     of the Armed Forces under subsection (b), before the 
     expiration of the authority in this section.
                                 ______
                                 
  SA 2612. Mr. CORNYN 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. __.  During the one-year period beginning on the date 
     of the enactment of this Act, none of the funds appropriated 
     or otherwise made available by this Act may be obligated or 
     expended to carry out section 7306a or 7306b of title 10, 
     United States Code, with respect to any naval vessel stricken 
     from the Naval Vessel Register.
                                 ______
                                 
  SA 2613. Mr. FRANKEN 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) Beginning 90 days after the date of the 
     enactment of this Act, none of the funds appropriated or 
     otherwise made available by this Act may be used for any 
     existing or new Federal contract if the contractor or a 
     subcontractor at any tier requires that an employee or 
     independent contractor, as a condition of employment, sign a 
     contract that mandates that the employee or independent 
     contractor performing work under the contract or subcontract 
     resolve through arbitration any claim under title VII of the 
     Civil Rights Act of 1964 or any tort related to or arising 
     out of sexual assault or harassment, including assault and 
     battery, intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) The prohibition in subsection (a) does not apply with 
     respect to employment contracts that may not be enforced in a 
     court of the United States.
                                 ______
                                 
  SA 2614. Mr. NELSON of Nebraska (for himself, Mr. Cornyn, Mr. 
Schumer, Mr. Chambliss, Mr. Bennett, Mr. Johanns, and Mr. Webb) 
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; as 
follows:

       At the appropriate place, insert the following:
       Sec. __.  Of the amount appropriated or otherwise made 
     available by title II under the heading ``Operation and 
     Maintenance, Defense-Wide'', up to $15,000,000 may be 
     available for the implementation by the Department of Defense 
     of the responsibilities of the Department under the Military 
     and Overseas Voter Empowerment Act and the amendments made by 
     that Act.
                                 ______
                                 
  SA 2615. Mrs. HAGAN (for herself and Mr. Burr) 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; as follows:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104.  None of the funds appropriated or otherwise 
     made available by this Act may be used to dispose of claims 
     filed regarding water contamination at Camp Lejeune, North 
     Carolina, until the Agency for Toxic Substances and Disease 
     Registry (ATSDR) fully completes all current, ongoing 
     epidemiological and water modeling studies pending as of the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 2616. Mr. LIEBERMAN (for himself, Mr. Bayh, Mr. McCain, Mr. 
Inhofe, Mr. Vitter, Mr. Kyl, Mr. Sessions, and Mr. Bennett) 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; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Funding for Two-Stage Ground-Based Interceptor 
     Missile.--Of the amounts appropriated or otherwise made 
     available by this Act for a long-range missile defense system 
     in Europe, or appropriated or otherwise made available for 
     the Department of Defense for a long-range missile defense 
     system in Europe from the Consolidated Security Disaster 
     Assistance, and Continuing Appropriations Act of 2009 (Public 
     Law 110-329) and available for obligation, $151,000,000 shall 
     be available for research, development, test, and evaluation 
     of the two-stage ground-based interceptor missile.
       (b) Prohibition on Diversion of Funds.--Funds appropriated 
     or otherwise made available by this Act for the Missile 
     Defense Agency for the purpose of research, development, and 
     testing of the two-stage ground based interceptor missile 
     shall be utilized solely for that purpose, and may not be 
     reprogrammed or otherwise utilized for any other purpose.
       (c) Report.--Not later than February 1, 2010, the Director 
     of the Missile Defense Agency shall submit to the 
     congressional defense committees a report setting forth the 
     following:
       (1) A comprehensive plan for the continued development and 
     testing of the two-stage ground-based interceptor missile, 
     including a description how the Missile Defense Agency will 
     leverage the development and testing of

[[Page S10074]]

     such missile to modernize the Ground-based Midcourse Defense 
     component of the ballistic missile defense system.
       (2) Options for deploying an additional Ground-based 
     Midcourse Defense site in Europe or the United States to 
     provide enhanced defense in response to future long-range 
     missile threats from Iran, and a description of how such a 
     site may be made interoperable with the planned missile 
     defense architecture for Europe and the United States.
                                 ______
                                 
  SA 2617. Mr. SANDERS 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; as follows:

       On page 245, between lines 8 and 9, insert the following:
       Sec. 8104. (a) The Secretary of Defense shall conduct a 
     study on defense contracting fraud and submit a report 
     containing the findings of such study to the congressional 
     defense committees.
       (b) The report required under subsection (a) shall 
     include--
       (1) an assessment of the total value of Department of 
     Defense contracts entered into to with contractors that have 
     been indicted for, settled charges of, been fined by any 
     Federal department or agency for, or been convicted of fraud 
     in connection with any contract or other transaction entered 
     into with the Federal Government; and
       (2) recommendations by the Inspector General of the 
     Department of Defense or other appropriate Department of 
     Defense official regarding how to penalize contractors 
     repeatedly involved in fraud in connection with contracts or 
     other transactions entered into with the Federal Government.
                                 ______
                                 
  SA 2618. Mr. INHOFE 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.  None of the funds appropriated or otherwise 
     made available by this Act may be used by the Secretary of 
     the Army to transition government-owned ammunition production 
     assets to the private sector until 60 days after the 
     Secretary submits a report to the congressional defense 
     committees on the effects of privatizing conventional 
     ammunition production, military readiness, and the United 
     States industrial base. The report shall include, at a 
     minimum, the following:
       (1) A cost-benefit analysis for converting additional 
     government-owned ammunition production assets to the private 
     sector, including cost-savings comparisons.
       (2) A projection of the impact on the ammunition production 
     industrial base in the United States of converting such 
     assets to the private sector.
       (3) A projection of the capability to meet current and 
     future ammunition production and national security 
     requirements by both government-owned and private sector 
     ammunition production assets, as well as a combination of the 
     two production assets.
       (4) A projection of potential impact on military readiness 
     as a result of implementing Department of Defense Directive 
     5160.65.
       (5) An implementation plan for the Department of the Army 
     to transition such assets to the private sector, pursuant to 
     Department of Defense Directive 5160.65.
                                 ______
                                 
  SA 2619. Mr. INHOFE (for himself, Mr. Warner, Mr. Webb, and 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. __.  Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test, and Evaluation, Defense-Wide'' and 
     available for Program Element #060300, up to $4,000,000 may 
     be available for the Rehabilitation Technology Transition 
     Center.
                                 ______
                                 
  SA 2620. Mr. CHAMBLISS (for himself, Mr. Dodd, Mr. Lieberman, Mr. 
Nelson of Florida, and Mr. Inhofe) 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) Findings.__.:--The Senate makes the following 
     findings:
       (1) Real time intelligence, surveillance, and 
     reconnaissance (ISR) is critical to our warfighters in 
     fighting the ongoing wars in Iraq and Afghanistan.
       (2) Secretary of Defense Gates and the military leadership 
     of the United States have highlighted the importance of 
     collecting and disseminating critical intelligence and 
     battlefield information to our troops on the ground in Iraq 
     and Afghanistan.
       (3) The Chief of Staff of the Air Force, General Norton 
     Schwartz, has stated that the Air Force is ``all-in'' for the 
     joint fight.
       (4) One of the most effective and heavily tasked 
     intelligence, surveillance, and reconnaissance assets 
     operating today is the Air Force's E-8C Joint Surveillance 
     Target Attack Radar System, also known as Joint STARS.
       (5) Commanders in the field rely on Joint STARS to give 
     them a long range view of the battlefield and detect moving 
     targets in all weather conditions as well as tactical support 
     to Brigade Combat Teams, Joint Tactical Air Controllers and 
     Special Operations Forces convoy overwatch.
       (6) Joint STARS is a joint platform, flown by a mix of 
     active duty Air Force and Air National Guard personnel and 
     operated by a joint Army, Air Force, and Marine crew, 
     supporting missions for all the Armed Forces.
       (7) With a limited number of airframes, Joint STARS has 
     flown over 55,000 combat hours and 900 sorties over Iraq and 
     Afghanistan and directly contributed to the discovery of 
     hundreds of Improvised Explosive Devices.
       (8) The current engines greatly limit the performance of 
     Joint STARS aircraft and are the highest cause of maintenance 
     problems and mission aborts.
       (9) There is no other current or programmed aircraft or 
     weapon system that can provide the detailed, broad-area 
     ground moving target indicator (GMTI) and airborne battle 
     management support for the warfighter that Joint STARS 
     provides.
       (10) With the significant operational savings that new 
     engines will bring to the Joint STARS, re-engining Joint 
     STARS will pay for itself by 2017 due to reduced operations, 
     sustainment, and fuel costs.
       (11) In December 2002, a JSTARS re-engining study 
     determined that re-engining provided significant benefits and 
     cost savings. However, delays in executing the re-engining 
     program continue to result in increased costs for the re-
     engining effort.
       (12) The budget request for the Department of Defense for 
     fiscal year 2010 included $205,000,000 in Aircraft 
     Procurement, Air Force, and $16,000,000 in Research, 
     Development, Test, and Evaluation, Air Force for Joint STARS 
     re-engining.
       (13) On September 22, 2009, the Department of Defense 
     reaffirmed their support for the President's Budget request 
     for Joint STARS re-engining.
       (14) On September 30, 2009, The Undersecretary of Defense 
     (Acquisition, Technology, and Logistics) signed an 
     Acquisition Decision Memorandum directing that the Air Force 
     proceed with the Joint STARS re-engining effort, to include 
     expenditure of procurement and research, development, test, 
     and evaluation funds.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) Funds for re-engining of the E-8C Joint Surveillance 
     Target Attack Radar System (Joint STARS) aircraft should be 
     appropriated in accordance with the budget request of the 
     President for fiscal year 2010; and
       (2) the Air Force should proceed with currently planned 
     efforts to re-engine Joint STARS aircraft, to include 
     expending both procurement and research, development, test, 
     and evaluation funds.
                                 ______
                                 
  SA 2621. Mr. CHAMBLISS (for himself, Mr. Dodd, Mr. Lieberman, Mr. 
Nelson of Florida, Mr. Inhofe, and Mr. Isakson) 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; as follows:

       Strike all after the first word, and insert the following:
       (a) Findings.--The Senate makes the following findings:
       (1) Real time intelligence, surveillance, and 
     reconnaissance (ISR) is critical to our warfighters in 
     fighting the ongoing wars in Iraq and Afghanistan.
       (2) Secretary of Defense Gates and the military leadership 
     of the United States have highlighted the importance of 
     collecting and disseminating critical intelligence and 
     battlefield information to our troops on the ground in Iraq 
     and Afghanistan.
       (3) The Chief of Staff of the Air Force, General Norton 
     Schwartz, has stated that the Air Force is ``all-in'' for the 
     joint fight.
       (4) One of the most effective and heavily tasked 
     intelligence, surveillance, and reconnaissance assets 
     operating today is the Air Force's E-8C Joint Surveillance 
     Target Attack Radar System, also known as Joint STARS.
       (5) Commanders in the field rely on Joint STARS to give 
     them a long range view of the battlefield and detect moving 
     targets in all weather conditions as well as tactical support 
     to Brigade Combat Teams, Joint Tactical Air Controllers and 
     Special Operations Forces convoy overwatch.
       (6) Joint STARS is a joint platform, flown by a mix of 
     active duty Air Force and Air National Guard personnel and 
     operated by a joint Army, Air Force, and Marine crew, 
     supporting missions for all the Armed Forces.

[[Page S10075]]

       (7) With a limited number of airframes, Joint STARS has 
     flown over 55,000 combat hours and 900 sorties over Iraq and 
     Afghanistan and directly contributed to the discovery of 
     hundreds of Improvised Explosive Devices.
       (8) The current engines greatly limit the performance of 
     Joint STARS aircraft and are the highest cause of maintenance 
     problems and mission aborts.
       (9) There is no other current or programmed aircraft or 
     weapon system that can provide the detailed, broad-area 
     ground moving target indicator (GMTI) and airborne battle 
     management support for the warfighter that Joint STARS 
     provides.
       (10) With the significant operational savings that new 
     engines will bring to the Joint STARS, re-engining Joint 
     STARS will pay for itself by 2017 due to reduced operations, 
     sustainment, and fuel costs.
       (11) In December 2002, a JSTARS re-engining study 
     determined that re-engining provided significant benefits and 
     cost savings. However, delays in executing the re-engining 
     program continue to result in increased costs for the re-
     engining effort.
       (12) The budget request for the Department of Defense for 
     fiscal year 2010 included $205,000,000 in Aircraft 
     Procurement, Air Force, and $16,000,000 in Research, 
     Development, Test, and Evaluation, Air Force for Joint STARS 
     re-engining.
       (13) On September 22, 2009, the Department of Defense 
     reaffirmed their support for the President's Budget request 
     for Joint STARS re-engining.
       (14) On September 30, 2009, The Undersecretary of Defense 
     (Acquisition, Technology, and Logistics) signed an 
     Acquisition Decision Memorandum directing that the Air Force 
     proceed with the Joint STARS re-engining effort, to include 
     expenditure of procurement and research, development, test, 
     and evaluation funds.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) Funds for re-engining of the E-8C Joint Surveillance 
     Target Attack Radar System (Joint STARS) should be 
     appropriated in the correct appropriations accounts and in 
     the amounts required in fiscal year 2010 to execute the Joint 
     STARS re-engining system design and development program; and
       (2) the Air Force should proceed with currently planned 
     efforts to re-engine Joint STARS aircraft, to include 
     expending both procurement and research, development, test, 
     and evaluation funds.
                                 ______
                                 
  SA 2622. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 2610 submitted by Mr. Sessions and intended to be 
proposed 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available by this Act for the KC-X tanker aircraft 
     replacement program may be obligated or expended unless the 
     Secretary of the Air Force includes in the request for 
     proposals for such program penalties for any proposal based 
     on an aircraft that benefitted from development subsidies 
     identified by the United States Trade Representative as 
     illegal. Any penalties so imposed on a proposal shall be 
     proportional (as determined by the Secretary in consultation 
     with the United States Trade Representative) to the 
     competitive advantage the proposal receives due to such 
     illegal development subsidies.
                                 ______
                                 
  SA 2623. Mr. INOUYE 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) Nature of Full and Open Competition for 
     Congressionally Directed Spending Items.--Each 
     congressionally directed spending item specified in this Act 
     or the report accompanying this Act that is intended for 
     award to a for-profit entity shall be subject to acquisition 
     regulations for full and open competition on the same basis 
     as each spending item intended for a for-profit entity that 
     is contained in the budget request of the President.
       (b) Exceptions.--Subsection (a) shall not apply to any 
     contract awarded--
       (1) by a means that is required by Federal statute, 
     including for a purchase made under a mandated preferential 
     program;
       (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
     seq.); or
       (3) in an amount less than the simplified acquisition 
     threshold described in section 302A(a) of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     252a(a)).
       (c) Congressionally Directed Spending Item Defined.--In 
     this section, the term ``congressionally directed spending 
     item'' means the following:
       (1) A congressionally directed spending item, as defined in 
     Rule XLIV of the Standing Rules of the Senate.
       (2) A congressional earmark for purposes of rule XXI of the 
     House of Representatives.

                          ____________________