[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 17629-17652]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1505. Mr. JOHANNS 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. ___. CONGRESSIONAL APPROVAL OF CERTAIN TARP 
                   EXPENDITURES.

       Notwithstanding any other provision of law, including any 
     provision of the Emergency Economic Stabilization Act of 
     2008, no funds may be disbursed or otherwise obligated under 
     that Act to any entity, if such disbursement would result in 
     the Federal Government acquiring any ownership of the common 
     or preferred stock of the entity receiving such funds, unless 
     the Congress first approves of such disbursement or 
     obligation.
                                 ______
                                 
  SA 1506. Mrs. SHAHEEN (for herself and Mr. Johanns) 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, add the following:

     SEC. 557. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY 
                   HEALING AND RESPONSE TRAINING UNDER THE YELLOW 
                   RIBBON REINTEGRATION PROGRAM.

       Section 582 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) 
     is amended--
       (1) in subsection (h)--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4) through (15) as 
     paragraphs (3) through (14), respectively; and
       (2) by adding at the end the following new subsection:
       ``(i) Suicide Prevention and Community Healing and Response 
     Program.--
       ``(1) Establishment.--As part of the Yellow Ribbon 
     Reintegration Program, the Office for Reintegration Programs 
     shall establish a program to provide National Guard and 
     Reserve members, their families, and their communities with 
     training in suicide prevention and community healing and 
     response to suicide.
       ``(2) Design.--In establishing the program under paragraph 
     (1), the Office for Reintegration Programs shall consult 
     with--
       ``(A) persons that have experience and expertise with 
     combining military and civilian intervention strategies that 
     reduce risk and promote healing after a suicide attempt or 
     suicide death for National Guard and Reserve members; and
       ``(B) the adjutant general of each State, the Commonwealth 
     of Puerto Rico, the District of Columbia, Guam, and the 
     Virgin Islands.
       ``(3) Operation.--
       ``(A) Suicide prevention training.--The Office for 
     Reintegration Programs shall provide National Guard and 
     Reserve members with training in suicide prevention. Such 
     training shall include--
       ``(i) describing the warning signs for suicide and teaching 
     effective strategies for prevention and intervention;
       ``(ii) examining the influence of military culture on risk 
     and protective factors for suicide; and
       ``(iii) engaging in interactive case scenarios and role 
     plays to practice effective intervention strategies.
       ``(B) Community healing and response training.--The Office 
     for Reintegration Programs shall provide the families and 
     communities of National Guard and Reserve members with 
     training in responses to suicide that promote individual and 
     community healing. Such training shall include--
       ``(i) enhancing collaboration among community members and 
     local service providers to create an integrated, coordinated 
     community response to suicide;
       ``(ii) communicating best practices for preventing suicide, 
     including safe messaging, appropriate memorial services, and 
     media guidelines;
       ``(iii) addressing the impact of suicide on the military 
     and the larger community, and the increased risk that can 
     result; and
       ``(iv) managing resources to assist key community and 
     military service providers in helping the families, friends, 
     and fellow soldiers of a suicide victim through the processes 
     of grieving and healing.
       ``(C) Collaboration with centers of excellence.--The Office 
     for Reintegration Programs, in consultation with the Defense 
     Centers of Excellence for Psychological Health and Traumatic 
     Brain Injury, shall collect and analyze `lessons learned' and 
     suggestions from State National Guard and Reserve 
     organizations with existing or developing suicide prevention 
     and community response programs.''.
                                 ______
                                 
  SA 1507. Mr. ALEXANDER (for himself, Mr. Bennett, Mr. Cornyn, Mr. 
Roberts, and 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 title X, add the following:

     SEC. 1083. RESTRICTIONS ON TARP EXPENDITURES FOR AUTOMOBILE 
                   MANUFACTURERS; FIDUCIARY DUTY TO TAXPAYERS; 
                   REQUIRED ISSUANCE OF COMMON STOCK TO TAXPAYERS.

       (a) Short Title.--This section may be cited as the ``Auto 
     Stock for Every Taxpayer Act''.

[[Page 17630]]

       (b) Prohibition on Further TARP Funds.--Notwithstanding any 
     provision of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5201 et seq.) or any other provision of law, the 
     Secretary may not expend or obligate any funds made available 
     under that Act on or after the date of enactment of this Act 
     with respect to any designated automobile manufacturer.
       (c) Fiduciary Duty to Shareholders.--With respect to any 
     designated automobile manufacturer, the Secretary, and the 
     designee of the Secretary who is responsible for the exercise 
     of shareholder voting rights with respect to a designated 
     automobile manufacturer pursuant to assistance provided under 
     title I of the Emergency Economic Stabilization Act of 2008 
     (12 U.S.C. 5201 et seq.), shall have a fiduciary duty to each 
     eligible taxpayer for the maximization of the return on the 
     investment of the taxpayer under that Act, in the same 
     manner, and to the same extent that any director of an issuer 
     of securities has with respect to its shareholders under the 
     securities laws and all applicable provisions of State law.
       (d) Required Issuance of Common Stock to Eligible 
     Taxpayers.--Not later than 1 year after the emergence of any 
     designated automobile manufacturer from bankruptcy protection 
     described in subsection (f)(1)(B), the Secretary shall direct 
     the designated automobile manufacturer to issue through the 
     Secretary a certificate of common stock to each eligible 
     taxpayer, which shall represent such taxpayer's per capita 
     share of the aggregate common stock holdings of the United 
     States Government in the designated automobile manufacturer 
     on such date.
       (e) Civil Actions Authorized.--A person who is aggrieved of 
     a violation of the fiduciary duty established under 
     subsection (c) may bring a civil action in an appropriate 
     United States district court to obtain injunctive or other 
     equitable relief relating to the violation.
       (f) Definitions.--As used in this section--
       (1) the term ``designated automobile manufacturer'' means 
     an entity organized under the laws of a State, the primary 
     business of which is the manufacture of automobiles, and any 
     affiliate thereof, if such automobile manufacturer--
       (A) has received funds under the Emergency Economic 
     Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), or funds 
     were obligated under that Act, before the date of enactment 
     of this Act; and
       (B) has filed for bankruptcy protection under chapter 11 of 
     title 11, United States Code, during the 90-day period 
     preceding the date of enactment of this Act;
       (2) the term ``eligible taxpayer'' means any individual 
     taxpayer who filed a Federal taxable return for taxable year 
     2008 (including any joint return) not later than the due date 
     for such return (including any extension);
       (3) the term ``Secretary'' means the Secretary of the 
     Treasury or the designee of the Secretary; and
       (4) the terms ``director'', ``issuer'', ``securities'', and 
     ``securities laws'' have the same meanings as in section 3 of 
     the Securities Exchange Act of 1934 (15 U.S.C. 78c).
                                 ______
                                 
  SA 1508. Mr. AKAKA (for himself, Ms. Collins, Mr. Lieberman, Mr. 
Voinovich, Ms. Murkowski, Mr. Begich, Mr. Kohl, Ms. Mikulski, Mr. 
Cardin, Mr. Inouye, Mr. Webb, and Mr. Warner) 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 XI of division A, insert the following:

       Subtitle B--Federal Employee Retirement-Related Provisions

     SEC. 1121. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 1122. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 1123. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-
                   TIME SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 1124. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.

       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 1125. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).

[[Page 17631]]

       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

     SEC. 1126. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and
       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection (a)(1), (2), and (3) that the 
     individual is qualified to file an election under paragraph 
     (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made under title II of the Social Security Act 
     while employed by the United States Secret Service. All 
     forfeited funds shall remain in the Federal Old-Age and 
     Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable .
       (ii) Benefits.--A covered employee shall not be entitled to 
     any benefit based on any contribution forfeited under clause 
     (i).
       (3) Implement.--The Office of Personnel Management, the 
     Department of Homeland Security, the Social Security 
     Administration, and the Thrift Savings Board shall take such 
     actions as necessary to provide for the implementation of 
     this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

        Subtitle C--Non-Foreign Area Retirement Equity Assurance

     SEC. 1141. SHORT TITLE.

       This subtitle may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. 1142. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and

[[Page 17632]]

       (3) in subsection (h)(1)--
       (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';
       (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
       (E) in clause (v) in the matter following subparagraph (D), 
     by inserting ``, except for members covered by subparagraph 
     (C)'' before the semicolon.
       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2010; and
       ``(B) January 1 of each calendar year in which a locality-
     based comparability adjustment takes effect under section 
     1144 (2) and (3) of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2010 and each calendar year thereafter, the 
     applicable percentage under section 1144 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2009.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. 1143. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section 1144 of this subtitle, in 
     accordance with regulations prescribed by the Director of the 
     Office of Personnel Management under section 1148 of this 
     subtitle.
       (b) Agencies With Statutory Authority.--
       (1) In general.--Each special rate of pay established under 
     an authority described under paragraph (2) and payable in a 
     location designated as a cost-of-living allowance area under 
     section 5941(a)(1) of title 5, United States Code, shall be 
     adjusted in accordance with regulations prescribed by the 
     applicable head of the agency that are consistent with the 
     regulations issued by the Director of the Office of Personnel 
     Management under subsection (a).
       (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
       (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
       (B) is exercised by the head of an agency when the head of 
     the agency determines it to be necessary in order to obtain 
     or retain the services of persons specified by statute; and
       (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section 1144 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. 1144. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this subtitle or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this subtitle, for each 
     non-foreign area determined under section 5941(b) of that 
     title, the applicable rate for the locality-based 
     comparability adjustment that is used in the computation 
     required under section 5941(c) of that title shall be 
     adjusted effective on the first day of the first pay period 
     beginning on or after January 1--
       (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;
       (2) in calendar year 2011, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. 1145. SAVINGS PROVISION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the application of this subtitle to any employee should 
     not result in a decrease in the take home pay of that 
     employee;
       (2) in calendar year 2012 and each subsequent year, no 
     employee shall receive less than the Rest of the U.S. 
     locality pay rate;
       (3) concurrent with the surveys next conducted under the 
     provisions of section 5304(d)(1)(A) of title 5, United States 
     Code, beginning after the date of the enactment of this Act, 
     the Bureau of Labor Statistics should conduct separate 
     surveys to determine the extent of any pay disparity (as 
     defined by section 5302 of that title) that may exist with 
     respect to positions located in the State of Alaska, the 
     State of Hawaii, and the United States territories, including 
     American Samoa, Guam, Commonwealth of the Northern Mariana 
     Islands, Commonwealth of Puerto Rico, and the United States 
     Virgin Islands;
       (4) if the surveys under paragraph (3) indicate that the 
     pay disparity determined for the State of Alaska, the State 
     of Hawaii, or any 1 of the United States territories 
     including American Samoa, Guam, Commonwealth of the Northern 
     Mariana Islands, Commonwealth of Puerto Rico, and the United 
     States Virgin Islands exceeds the pay disparity determined 
     for the locality which (for purposes of section 5304 of that 
     title) is commonly known as the ``Rest of the United 
     States'', the President's Pay Agent should take appropriate 
     measures to provide that each such surveyed area be treated 
     as a separate pay locality for purposes of that section; and
       (5) the President's Pay Agent will establish 1 locality 
     area for the entire State of Hawaii and 1 locality area for 
     the entire State of Alaska.
       (b) Savings Provisions.--
       (1) In general.--During the period described under section 
     1144 of this subtitle, an employee paid a special rate under 
     5305 of title 5, United States Code, who the day before the 
     date of enactment of this Act was eligible to receive a cost-
     of-living allowance under section 5941 of title 5, United 
     States Code, and who continues to be officially stationed in 
     an allowance area, shall receive an increase in the 
     employee's special rate consistent with increases in the 
     applicable special rate schedule. For employees in allowance 
     areas, the minimum step rate for any grade of a special rate 
     schedule shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section 1144 of this 
     subtitle, and corresponding increases shall be provided for 
     all step rates of the given pay range.
       (2) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this subtitle, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
       (A) the employee leaves the allowance area or pay system; 
     or
       (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,

     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto

[[Page 17633]]

     shall be fixed in the manner provided by applicable law and 
     regulation.
       (3) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     1144 of this subtitle which is not in excess of the maximum 
     rate set under section 5304(g) of title 5, United States 
     Code, for his position including any future increase to 
     statutory pay limitations under 5318 of title 5, United 
     States Code. Notwithstanding paragraph (2), to the extent 
     that an employee covered under that paragraph receives any 
     amount of locality-based comparability payment, the cost-of-
     living allowance rate under that paragraph shall be reduced 
     accordingly, as provided under section 5941(c)(2)(B) of title 
     5, United States Code.

     SEC. 1146. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (ii) on or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; or
       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
       (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or
       (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this subtitle (including the amendments 
     made by this subtitle) any covered employee shall be treated 
     as an employee to whom section 5941 of title 5, United States 
     Code (as amended by section 1142 of this subtitle), and 
     section 1144 of this subtitle apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this subtitle shall be 
     considered to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     subtitle including section 5941 of title 5, United States 
     Code (as amended by section 1142 of this subtitle), may be 
     reduced on the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2009--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003 (b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) of section 1146(b)(2) of that Act 
     shall apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this subtitle, any employee of the Postal Service (other than 
     an employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this subtitle (including the amendments made by this 
     subtitle) had not been enacted, except that the cost-of-
     living allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2009 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section 1144.

       (B) Rule of construction.--Nothing in this subtitle shall 
     be construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or
       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section 1147 of this subtitle.

     SEC. 1147. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section 1144 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2010, through December 31, 2012; and
       (3) who files an election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     1144 of this subtitle did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. 1148. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     subtitle, including--
       (1) rules for special rate employees described under 
     section 1143;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section 1144 ending on the first day of the 
     first pay period beginning on or after January 1, 2012; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any

[[Page 17634]]

     employee whose rate of pay exceeds applicable pay limitations 
     on the first day of the first pay period beginning on or 
     after January 1, 2012.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this subtitle with respect to employees in such pay 
     system, consistent with the regulations prescribed by the 
     Office under subsection (a). With respect to employees not 
     entitled to locality-based comparability payments under 
     section 5304 of title 5, United States Code, regulations 
     prescribed under this subsection may provide for special 
     payments or adjustments for employees who were eligible to 
     receive a cost-of-living allowance under section 5941 of that 
     title on the date before the date of enactment of this Act.

     SEC. 1149. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     subtitle (including the amendments made by this subtitle) 
     shall take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section 1142 and the provisions of section 1144 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.

            Subtitle D--Part-Time Reemployment of Annuitants

     SEC. 1161. SHORT TITLE.

       This subtitle may be cited as the ``Part-Time Reemployment 
     of Annuitants Act of 2009''.

     SEC. 1162. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.

[[Page 17635]]

       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section 1162.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this subtitle, or subsection (i) 
     of section 8468 of title 5, United States Code, as amended by 
     this subtitle; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section 1162 of this subtitle) 
     shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1509. Mr. ISAKSON 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 201, after line 25, insert the following:

     SEC. 652. CREDIT FOR CERTAIN HOME PURCHASES.

       (a) Allowance of Credit.--Subpart A of part IV of 
     subchapter A of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after section 25D the following 
     new section:

     ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual who is a 
     purchaser of a principal residence during the taxable year, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter an amount equal to 10 percent of the purchase 
     price of the residence.
       ``(2) Dollar limitation.--The amount of the credit allowed 
     under paragraph (1) shall not exceed $15,000.
       ``(3) Allocation of credit amount.--At the election of the 
     taxpayer, the amount of the credit allowed under paragraph 
     (1) (after application of paragraph (2)) may be equally 
     divided among the 2 taxable years beginning with the taxable 
     year in which the purchase of the principal residence is 
     made.
       ``(b) Limitations.--
       ``(1) Date of purchase.--The credit allowed under 
     subsection (a) shall be allowed only with respect to 
     purchases made--
       ``(A) after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2010, and
       ``(B) on or before the date that is 1 year after such date 
     of enactment.
       ``(2) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) for the taxable year.
       ``(3) One-time only.--
       ``(A) In general.--If a credit is allowed under this 
     section in the case of any individual (and such individual's 
     spouse, if married) with respect to the purchase of any 
     principal residence, no credit shall be allowed under this 
     section in any taxable year with respect to the purchase of 
     any other principal residence by such individual or a spouse 
     of such individual.
       ``(B) Joint purchase.--In the case of a purchase of a 
     principal residence by 2 or more unmarried individuals or by 
     2 married individuals filing separately, no credit shall be 
     allowed under this section if a credit under this section has 
     been allowed to any of such individuals in any taxable year 
     with respect to the purchase of any other principal 
     residence.
       ``(c) Principal Residence.--For purposes of this section, 
     the term `principal residence' has the same meaning as when 
     used in section 121.
       ``(d) Denial of Double Benefit.--No credit shall be allowed 
     under this section for any purchase for which a credit is 
     allowed under section 36 or section 1400C.
       ``(e) Special Rules.--
       ``(1) Joint purchase.--
       ``(A) Married individuals filing separately.--In the case 
     of 2 married individuals filing separately, subsection (a) 
     shall be applied to each such individual by substituting 
     `$7,500' for `$15,000' in subsection (a)(1).
       ``(B) Unmarried individuals.--If 2 or more individuals who 
     are not married purchase a principal residence, the amount of 
     the credit allowed under subsection (a) shall be allocated 
     among such individuals in such manner as the Secretary may 
     prescribe, except that the total amount of the credits 
     allowed to all such individuals shall not exceed $15,000.
       ``(2) Purchase.--In defining the purchase of a principal 
     residence, rules similar to the rules of paragraphs (2) and 
     (3) of section 1400C(e) (as in effect on the date of the 
     enactment of this section) shall apply.
       ``(3) Reporting requirement.--Rules similar to the rules of 
     section 1400C(f) (as so in effect) shall apply.
       ``(f) Recapture of Credit in the Case of Certain 
     Dispositions.--
       ``(1) In general.--In the event that a taxpayer--
       ``(A) disposes of the principal residence with respect to 
     which a credit was allowed under subsection (a), or
       ``(B) fails to occupy such residence as the taxpayer's 
     principal residence,

     at any time within 24 months after the date on which the 
     taxpayer purchased such residence, then the tax imposed by 
     this chapter for the taxable year during which such 
     disposition occurred or in which the taxpayer failed to 
     occupy the residence as a principal residence shall be 
     increased by the amount of such credit.
       ``(2) Exceptions.--
       ``(A) Death of taxpayer.--Paragraph (1) shall not apply to 
     any taxable year ending after the date of the taxpayer's 
     death.
       ``(B) Involuntary conversion.--Paragraph (1) shall not 
     apply in the case of a residence which is compulsorily or 
     involuntarily converted (within the meaning of section

[[Page 17636]]

     1033(a)) if the taxpayer acquires a new principal residence 
     within the 2-year period beginning on the date of the 
     disposition or cessation referred to in such paragraph. 
     Paragraph (1) shall apply to such new principal residence 
     during the remainder of the 24-month period described in such 
     paragraph as if such new principal residence were the 
     converted residence.
       ``(C) Transfers between spouses or incident to divorce.--In 
     the case of a transfer of a residence to which section 
     1041(a) applies--
       ``(i) paragraph (1) shall not apply to such transfer, and
       ``(ii) in the case of taxable years ending after such 
     transfer, paragraph (1) shall apply to the transferee in the 
     same manner as if such transferee were the transferor (and 
     shall not apply to the transferor).
       ``(D) Relocation of members of the armed forces.--Paragraph 
     (1) shall not apply in the case of a member of the Armed 
     Forces of the United States on active duty who moves pursuant 
     to a military order and incident to a permanent change of 
     station.
       ``(3) Joint returns.--In the case of a credit allowed under 
     subsection (a) with respect to a joint return, half of such 
     credit shall be treated as having been allowed to each 
     individual filing such return for purposes of this 
     subsection.
       ``(4) Return requirement.--If the tax imposed by this 
     chapter for the taxable year is increased under this 
     subsection, the taxpayer shall, notwithstanding section 6012, 
     be required to file a return with respect to the taxes 
     imposed under this subtitle.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section with respect to the 
     purchase of any residence, the basis of such residence shall 
     be reduced by the amount of the credit so allowed.
       ``(h) Election To Treat Purchase in Prior Year.--In the 
     case of a purchase of a principal residence after December 
     31, 2009, and on or before the date described in subsection 
     (b)(1)(B), a taxpayer may elect to treat such purchase as 
     made on December 31, 2009, for purposes of this section.''.
       (b) Conforming Amendments.--
       (1) Section 24(b)(3)(B) of the Internal Revenue Code of 
     1986 is amended by striking ``and 25B'' and inserting ``, 
     25B, and 25E''.
       (2) Section 25(e)(1)(C)(ii) of such Code is amended by 
     inserting ``25E,'' after ``25D,''.
       (3) Section 25B(g)(2) of such Code is amended by striking 
     ``section 23'' and inserting ``sections 23 and 25E''.
       (4) Section 904(i) of such Code is amended by striking 
     ``and 25B'' and inserting ``25B, and 25E''.
       (5) Section 1016(a) of such Code is amended by striking 
     ``and'' at the end of paragraph (36), by striking the period 
     at the end of paragraph (37) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(38) to the extent provided in section 25E(g).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 25D the following new item:

``Sec. 25E. Credit for certain home purchases.''.

       (d) Sunset of Current First-Time Homebuyer Credit.--
       (1) In general.--Subsection (h) of section 36 of the 
     Internal Revenue Code of 1986 is amended by striking ``before 
     December 1, 2009'' and inserting ``on or before the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2010''.
       (2) Election to treat purchase in prior year.--Subsection 
     (g) of section 36 of the Internal Revenue Code of 1986 is 
     amended by striking ``before December 1, 2009'' and inserting 
     ``on or before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2010''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to purchases after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 1510. Mr. THUNE (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 565, after line 20, add the following:

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

       (a) Change in Recipient Under Existing Authority.--
       (1) In general.--Section 2863(a) of the Military 
     Construction Act for Fiscal Year 1998 (division B of Public 
     Law 105-85; 111 Stat. 2010), as amended by section 2865(a) of 
     the Military Construction Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-435), 
     is further amended by striking ``West River Foundation for 
     Economic and Community Development, Sturgis, South Dakota (in 
     this section referred to as the `Foundation')'' and inserting 
     ``South Dakota Ellsworth Development Authority, Pierre, South 
     Dakota (in this section referred to as the `Authority')''.
       (2) Technical and conforming amendments.--Section 2863 of 
     the Military Construction Act for Fiscal Year 1998 (division 
     B of Public Law 105-85; 111 Stat. 2010), as amended by 
     section 2865(b) of the Military Construction Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398; 114 
     Stat. 1654A-435), is further amended--
       (A) by striking ``Foundation'' each place it appears in 
     subsections (c) and (e) and inserting ``Authority'';
       (B) in subsection (b)(1)--
       (i) in subparagraph (B), by striking ``137.56 acres'' and 
     inserting ``120.70 acres''; and
       (ii) by striking subparagraphs (C), (D), and (E).
       (b) New Conveyance Authority.--
       (1) Conveyance authorized.--The Secretary of the Air Force 
     may convey, without consideration, to the South Dakota 
     Ellsworth Development Authority, Pierre, South Dakota (in 
     this subsection referred to as the ``Authority''), all right, 
     title, and interest of the United States in and to the 
     parcels of real property located at Ellsworth Air Force Base, 
     South Dakota, referred to in paragraph (2).
       (2) Covered property.--The real property referred to in 
     paragraph (1) is the following:
       (A) A parcel of real property, together with any 
     improvements thereon, consisting of approximately 2.37 acres 
     and comprising the 11000 West Communications Annex.
       (B) A parcel of real property, together with any 
     improvements thereon, consisting of approximately 6.643 acres 
     and comprising the South Nike Education Annex.
       (3) Condition.--As a condition of the conveyance under this 
     subsection, the Authority, and any person or entity to which 
     the Authority transfers the property, shall comply in the use 
     of the property with the applicable provisions of the 
     Ellsworth Air Force Base Air Installation Compatible Use Zone 
     Study.
       (4) Reversionary interest.--If the Secretary determines at 
     any time that the real property conveyed under paragraph (1) 
     is not being used in compliance with the applicable 
     provisions of the Ellsworth Air Force Base Air Installation 
     Compatible Use Zone Study, all right, title, and interest in 
     and to such real property, including any improvements and 
     appurtenant easements thereto, shall, at the option of the 
     Secretary, revert to and become the property of the United 
     States, and the United States shall have the right of 
     immediate entry onto such real property. A determination by 
     the Secretary under this paragraph shall be made on the 
     record after an opportunity for a hearing.
       (5) Description of property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     subsection shall be determined by a survey satisfactory to 
     the Secretary.
       (6) Additional terms and conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this subsection as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1511. Mr. LEAHY (for himself, Ms. Collins, Mr. Kennedy, Ms. Snowe, 
Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin, Mr. Cardin, Mr. 
Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken, Ms. Mikulski, Mr. 
Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. Shaheen, Mr. Kerry, Mr. 
Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr. Casey, Ms. 
Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr. Brown, Mr. 
Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr. Kaufman, 
Mr. Inouye, Ms. Stabenow, and Mr. Reid) 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 the bill, insert the following:

        DIVISION __--MATTHEW SHEPARD HATE CRIMES PREVENTION ACT

     SEC. _01. SHORT TITLE.

       This division may be cited as the ``Matthew Shepard Hate 
     Crimes Prevention Act''.

     SEC. _02. FINDINGS.

       Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim poses a serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.

[[Page 17637]]

       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) A prominent characteristic of a violent crime motivated 
     by bias is that it devastates not just the actual victim and 
     the family and friends of the victim, but frequently savages 
     the community sharing the traits that caused the victim to be 
     selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including the following:
       (A) The movement of members of targeted groups is impeded, 
     and members of such groups are forced to move across State 
     lines to escape the incidence or risk of such violence.
       (B) Members of targeted groups are prevented from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (C) Perpetrators cross State lines to commit such violence.
       (D) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (E) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (7) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (8) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (9) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (10) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States, local jurisdictions, 
     and Indian tribes.

     SEC. _03. DEFINITION OF HATE CRIME.

       In this division--
       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16, title 18, United States Code;
       (2) the term ``hate crime'' has the meaning given such term 
     in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note); and
       (3) the term ``local'' means a county, city, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State.

     SEC. _04. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 
                   PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW 
                   ENFORCEMENT OFFICIALS.

       (a) Assistance Other Than Financial Assistance.--
       (1) In general.--At the request of State, local, or tribal 
     law enforcement agency, the Attorney General may provide 
     technical, forensic, prosecutorial, or any other form of 
     assistance in the criminal investigation or prosecution of 
     any crime that--
       (A) constitutes a crime of violence;
       (B) constitutes a felony under the State, local, or tribal 
     laws; and
       (C) is motivated by prejudice based on the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim, or is a violation of the State, local, or tribal hate 
     crime laws.
       (2) Priority.--In providing assistance under paragraph (1), 
     the Attorney General shall give priority to crimes committed 
     by offenders who have committed crimes in more than one State 
     and to rural jurisdictions that have difficulty covering the 
     extraordinary expenses relating to the investigation or 
     prosecution of the crime.
       (b) Grants.--
       (1) In general.--The Attorney General may award grants to 
     State, local, and tribal law enforcement agencies for 
     extraordinary expenses associated with the investigation and 
     prosecution of hate crimes.
       (2) Office of justice programs.--In implementing the grant 
     program under this subsection, the Office of Justice Programs 
     shall work closely with grantees to ensure that the concerns 
     and needs of all affected parties, including community groups 
     and schools, colleges, and universities, are addressed 
     through the local infrastructure developed under the grants.
       (3) Application.--
       (A) In general.--Each State, local, and tribal law 
     enforcement agency that desires a grant under this subsection 
     shall submit an application to the Attorney General at such 
     time, in such manner, and accompanied by or containing such 
     information as the Attorney General shall reasonably require.
       (B) Date for submission.--Applications submitted pursuant 
     to subparagraph (A) shall be submitted during the 60-day 
     period beginning on a date that the Attorney General shall 
     prescribe.
       (C) Requirements.--A State, local, and tribal law 
     enforcement agency applying for a grant under this subsection 
     shall--
       (i) describe the extraordinary purposes for which the grant 
     is needed;
       (ii) certify that the State, local government, or Indian 
     tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (iii) demonstrate that, in developing a plan to implement 
     the grant, the State, local, and tribal law enforcement 
     agency has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (iv) certify that any Federal funds received under this 
     subsection will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this subsection.
       (4) Deadline.--An application for a grant under this 
     subsection shall be approved or denied by the Attorney 
     General not later than 180 business days after the date on 
     which the Attorney General receives the application.
       (5) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single jurisdiction in any 1-year 
     period.
       (6) Report.--Not later than December 31, 2010, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this subsection, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2010 and 2011.

     SEC. _05. GRANT PROGRAM.

       (a) Authority To Award Grants.--The Office of Justice 
     Programs of the Department of Justice may award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State, local, or tribal programs designed to 
     combat hate crimes committed by juveniles, including programs 
     to train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. _06. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 
                   STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.

       There are authorized to be appropriated to the Department 
     of Justice, including the Community Relations Service, for 
     fiscal years 2010, 2011, and 2012 such sums as are necessary 
     to increase the number of personnel to prevent and respond to 
     alleged violations of section 249 of title 18, United States 
     Code, as added by section _07 of this division.

     SEC. _07. PROHIBITION OF CERTAIN HATE CRIME ACTS.

       (a) In General.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

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

[[Page 17638]]

     or incendiary device, attempts to cause bodily injury to any 
     person, because of the actual or perceived religion, national 
     origin, gender, sexual orientation, gender identity or 
     disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, dangerous 
     weapon, explosive or incendiary device, or other weapon that 
     has traveled in interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(3) Offenses occurring in the special maritime or 
     territorial jurisdiction of the united states.--Whoever, 
     within the special maritime or territorial jurisdiction of 
     the United States, commits an offense described in paragraph 
     (1) or (2) shall be subject to the same penalties as 
     prescribed in those paragraphs.
       ``(b) Certification Requirement.--
       ``(1) In general.--No prosecution of any offense described 
     in this subsection may be undertaken by the United States, 
     except under the certification in writing of the Attorney 
     General, or his designee, that--
       ``(A) the State does not have jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence; or
       ``(D) a prosecution by the United States is in the public 
     interest and necessary to secure substantial justice.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the authority of Federal 
     officers, or a Federal grand jury, to investigate possible 
     violations of this section.
       ``(c) Definitions.--In this section--
       ``(1) the term ``bodily injury'' has the meaning given such 
     term in section 1365(h)(4) of this title, but does not 
     include solely emotional or psychological harm to the victim;
       ``(2) the term `explosive or incendiary device' has the 
     meaning given such term in section 232 of this title;
       ``(3) the term `firearm' has the meaning given such term in 
     section 921(a) of this title; and
       ``(4) the term `gender identity' for the purposes of this 
     chapter means actual or perceived gender-related 
     characteristics.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.

     SEC. _08. STATISTICS.

       (a) In General.--Subsection (b)(1) of the first section of 
     the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 
     by inserting ``gender and gender identity,'' after ``race,''.
       (b) Data.--Subsection (b)(5) of the first section of the 
     Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 
     inserting ``, including data about crimes committed by, and 
     crimes directed against, juveniles'' after ``data acquired 
     under this section''.

     SEC. _09. SEVERABILITY.

       If any provision of this division, an amendment made by 
     this division, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, the remainder of this division, the 
     amendments made by this division, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.

     SEC. _10. RULE OF CONSTRUCTION.

       For purposes of construing this division and the amendments 
     made by this division the following shall apply:
       (1) Relevant evidence.--Courts may consider relevant 
     evidence of speech, beliefs, or expressive conduct to the 
     extent that such evidence is offered to prove an element of a 
     charged offense or is otherwise admissible under the Federal 
     Rules of Evidence. Nothing in this division is intended to 
     affect the existing rules of evidence.
       (2) Violent acts.--This division applies to violent acts 
     motivated by actual or perceived race, color, religion, 
     national origin, gender, sexual orientation, gender identity 
     or disability of a victim.
       (3) Constitutional protections.--Nothing in this division 
     shall be construed to prohibit any constitutionally protected 
     speech, expressive conduct or activities (regardless of 
     whether compelled by, or central to, a system of religious 
     belief), including the exercise of religion protected by the 
     First Amendment and peaceful picketing or demonstration. The 
     Constitution does not protect speech, conduct or activities 
     consisting of planning for, conspiring to commit, or 
     committing an act of violence.
       (4) Free expression.--Nothing in this division shall be 
     construed to allow prosecution based solely upon an 
     individual's expression of racial, religious, political, or 
     other beliefs or solely upon an individual's membership in a 
     group advocating or espousing such beliefs.
                                 ______
                                 
  SA 1512. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 259, between lines 12 and 13, insert the following:

     SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL AGENCY 
                   CONTRACT AND GRANT OFFICERS AND SUSPENSION AND 
                   DEBARMENT OFFICIALS.

       Subsection (c) of section 872 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4556) is amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (8) and (9), respectively; and
       (2) by inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) Each audit report that, as determined by an Inspector 
     General or the head of an audit agency responsible for the 
     report, contains significant adverse information about a 
     contractor that should be included in the database.
       ``(7) Each contract action that, as determined by the head 
     of the contracting activity responsible for the contract 
     action, reflects information about contractor performance or 
     integrity that should be included in the database.''.
                                 ______
                                 
  SA 1513. Mrs. LINCOLN (for herself, Mr. Byrd, Ms. Landrieu, and Mr. 
Tester) 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 VII, add the following:

     SEC. 724. REQUIREMENT FOR PROVISION OF MEDICAL AND DENTAL 
                   READINESS SERVICES TO CERTAIN MEMBERS OF THE 
                   SELECTED RESERVE AND INDIVIDUAL READY RESERVE 
                   BASED ON MEDICAL NEED.

       (a) In General.--Section 1074a(g)(1) of title 10, United 
     States Code, is amended--
       (1) by striking ``may provide'' and inserting ``shall 
     provide''; and
       (2) by striking ``if the Secretary determines'' and 
     inserting ``, as applicable, if a qualified health care 
     professional determines, based on the member's most recent 
     annual medical exam or annual dental exam, as the case may 
     be,''.
       (b) Funding.--Subject to applicable provisions of 
     appropriations Acts, amounts available to the Department of 
     Defense for the Defense Health Program shall be available for 
     the provision of medical and dental services under section 
     1074a(g)(1) of title 10, United States Code, in accordance 
     with the amendments made by subsection (a).
       (c) Budgeting for Health Care.--In determining the amounts 
     to be required for medical and dental readiness services for 
     members of the Selected Reserve and the Individual Ready 
     Reserve under section 1074a(g)(1) of title 10, United States 
     Code (as amended by subsection (a)), for purposes of the 
     budget of the President for fiscal years after fiscal year 
     2010, as submitted to Congress pursuant to section 1105 of 
     title 31, United States Code, the Assistant Secretary of 
     Defense for Health Affairs shall consult with appropriate 
     officials having responsibility for the administration of the 
     reserve components of the Armed Forces, including the Chief 
     of the National Guard Bureau with respect to the National 
     Guard.
       (d) Medical and Dental Screening for Ready Reserve Members 
     Alerted for Mobilization.--Section 1074a(f)(1) of title 10, 
     United States Code, is amended by striking ``may provide'' 
     and inserting ``shall provide''.
                                 ______
                                 
  SA 1514. Mr. SANDERS (for himself and Mrs. Lincoln) submitted an

[[Page 17639]]

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 V, add the following:

     SEC. 573. ISSUANCE OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY TO MEMBERS OF THE ARMED FORCES 
                   WHO SERVE ON ACTIVE DUTY IN SUPPORT OF A 
                   CONTINGENCY OPERATION FOR LESS THAN 90 DAYS.

       (a) Issuance Required.--Each Secretary of a military 
     department shall modify applicable regulations to provide for 
     the issuance of a Certificate of Release or Discharge from 
     Active Duty (DD Form 214) to each member of the Armed Forces 
     (including a member of the National Guard or Reserve) under 
     the jurisdiction of such Secretary who serves on active duty 
     in the Armed Forces in support of a contingency operation 
     upon the separation of the member from such service, 
     regardless of whether the period of such service is less than 
     90 days. The regulations shall be so modified not later than 
     180 days after the date of the enactment of this Act.
       (b) Contingency Operation Defined.--In this section, the 
     term ``contingency operation'' has the meaning given that 
     term in section 101(a)(13) of title 10, United States Code.
                                 ______
                                 
  SA 1515. 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:

       At the end of subtitle D of title VI, add the following:

     SEC. ___. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e);
       (ii) by striking subsection (k); and
       (iii) by striking subsection (m).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d) of such title is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2)(B), the Secretary concerned'' and inserting 
     ``The Secretary concerned''; and
       (2) in paragraph (2)--
       (A) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children annuity 
     when no eligible surviving spouse.--In the case of a member 
     described in paragraph (1),''; and
       (B) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--The sections and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.
                                 ______
                                 
  SA 1516. Mr. CASEY (for himself, Mr. Brown, Mr. Schumer, Mrs. 
Gillibrand, Ms. Mikulski, and Mrs. Murray) 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 77, strike lines 1 through 26 and insert the 
     following:

     SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR PUBLIC-
                   PRIVATE COMPETITIONS.

       (a) Temporary Suspension.--No study or competition 
     regarding the conversion to performance by a contractor of 
     any Department of Defense function may be begun or announced 
     pursuant to section 2461 of title 10, United States Code, 
     Office of Management and Budget Circular A-76, or any other 
     authority until September 30, 2010, or the date on which the 
     Secretary of Defense submits to the congressional defense 
     committees the certification described in subsection (b), 
     whichever is later.
       (b) Certification Requirement.--The certification described 
     in this subsection is a certification that--
       (1) the Secretary of Defense has completed and submitted to 
     Congress a complete inventory of contracts for services for 
     or on behalf of the Department of Defense in compliance with 
     the requirements of subsection (c) of section 2330a of title 
     10, United States Code; and
       (2) the Secretary of each military department and the head 
     of each Defense Agency responsible for activities in the 
     inventory is in compliance with the review and planning 
     requirements of subsection (e) of such section.

     SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 
                   CONVERSION OF ANY DEPARTMENT OF DEFENSE 
                   FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO 
                   CONTRACTOR PERFORMANCE.

       (a) Requirement.--Section 2461(a)(1) of title 10, United 
     States Code, is amended--
       (1) by striking ``A function'' and inserting ``No 
     function'';
       (2) by striking ``10 or more''; and
       (3) by striking ``may not be converted'' and inserting 
     ``may be converted''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to a function for which a public-
     private competition is commenced on or after the date of the 
     enactment of this Act.

     SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE 
                   COMPETITIONS.

       (a) Time Limitation.--Section 2461(a) of title 10, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(5)(A) The duration of a public-private competition 
     conducted pursuant to Office of Management and Budget 
     Circular A-76 or any other provision of law for any function 
     of the Department of Defense performed by Department of 
     Defense civilian employees may not exceed a period of 720 
     days, commencing on the date on which the preliminary 
     planning for the public-private competition begins through 
     the date on which a performance decision is rendered with 
     respect to the function.
       ``(B) The time period specified in subparagraph (A) for a 
     public-private competition does not include any day during 
     which the public-private competition is delayed by reason of 
     a protest before the Government Accountability Office or the 
     United States Court of Federal Claims unless the Secretary of 
     Defense determines that the delay is caused by issues being 
     raised during the appellate process that were not previously 
     raised during the competition.
       ``(C) In this paragraph, the term `preliminary planning' 
     with respect to a public-private competition means any action 
     taken to carry out any of the following activities:
       ``(i) Determining the scope of the competition.

[[Page 17640]]

       ``(ii) Conducting research to determine the appropriate 
     grouping of functions for the competition.
       ``(iii) Assessing the availability of workload data, 
     quantifiable outputs of functions, and agency or industry 
     performance standards applicable to the competition.
       ``(iv) Determining the baseline cost of any function for 
     which the competition is conducted.''.
       (b) Effective Date.--Paragraph (5) of section 2461(a) of 
     title 10, United States Code, as added by subsection (a), 
     shall apply with respect to a public-private competition 
     covered by such section that is being conducted on or after 
     the date of the enactment of this Act.

     SEC. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE COMPETITIONS 
                   FOR CONVERSION OF DEPARTMENT OF DEFENSE 
                   FUNCTIONS TO PERFORMANCE BY A CONTRACTOR.

       (a) Temporary Suspension of Pending Studies.--The Secretary 
     of Defense shall halt all pending public-private competitions 
     being conducted pursuant to section 2461 of title 10, United 
     States Code, or Office of Management and Budget Circular A-76 
     that had not resulted in conversion to performance to a 
     contractor as of March 26, 2009, until such time as the 
     Secretary may review such competitions.
       (b) Review and Approval Process.--
       (1) Review required.--Before recommencing any pending study 
     for a public-private competition halted under subsection (a), 
     the Secretary of Defense shall review all the studies halted 
     by reason of that subsection and take the following actions 
     with respect to each such study:
       (A) Describe the methodology and data sources along with 
     outside resources to gather and analyze information necessary 
     to estimate cost savings.
       (B) Certify that the estimated savings are still 
     achievable.
       (C) Document the rationale for rejecting an individual 
     command's request to cancel, defer, or reduce the scope of a 
     decision to conduct the study.
       (D) Consider alternatives to the study that would provide 
     savings and improve performance such as internal 
     reorganizations.
       (E) Include any other relevant information to justify 
     recommencement of the study.
       (2) Termination of certain studies.--The Secretary of 
     Defense shall terminate any study for a public-private 
     competition that was or has been conducted for longer than 30 
     months (beginning with preliminary planning and ending with a 
     performance decision, excluding time expended because of a 
     bid protest, but not additional time required to conduct the 
     study subsequent to a bid protest), consistent with section 
     8023 of the Department of Defense Appropriations Act, 2009 
     (division C of Public Law 110-329; 122 Stat. 3626).
       (c) Congressional Notification.--The Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report describing 
     the actions taken by the Secretary under paragraphs (1) and 
     (2) of subsection (b).
       (d) Comptroller General Review.--Not later than 45 days 
     after the Secretary of Defense submits the report required 
     under subsection (c), the Comptroller General of the United 
     States shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on 
     whether the review and approval process conducted by the 
     Department of Defense is in compliance with subsection (b) 
     and whether it includes consideration of all costs and 
     savings associated with preparing for and carrying out a 
     pending study as well as all costs that would be associated 
     with converting functions to performance by a contractor and 
     transitioning the Federal employee workforce.
       (e) Recommencing a Study.--The Secretary of Defense may not 
     recommence a study halted pursuant to subsection (a) until 30 
     days after the Comptroller General has submitted to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives the report required under subsection (d).

     SEC. 323D. REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION 
                   OF FUNCTIONS FROM PERFORMANCE BY FEDERAL 
                   EMPLOYEES TO PERFORMANCE BY A CONTRACTOR.

       The Administrator for Federal Procurement Policy shall 
     revise the Federal Acquisition Regulation to allow for pre-
     award and post-award debriefings of Federal employee 
     representatives in the case of a conversion of any function 
     from performance by Federal employees to performance by a 
     contractor.

     SEC. 323E. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL 
                   EMPLOYEES AND AGENCY OFFICIALS IN CONVERSIONS 
                   OF FUNCTIONS FROM PERFORMANCE BY FEDERAL 
                   EMPLOYEES TO PERFORMANCE BY A CONTRACTOR.

       (a) Protest Jurisdiction of the Comptroller General.--
     Section 3551(1) of title 31, United States Code, is amended 
     by adding at the end the following new subparagraph:
       ``(E) Conversion of a function or part thereof that is 
     being performed by Federal employees to private sector 
     performance.''.
       (b) Eligibility to Protest Public-Private Competitions.--
     Clause (i) of paragraph (2)(B) of section 3551 of title 31, 
     United States Code, is amended to read as follows:
       ``(i) any official who is responsible for submitting the 
     agency tender in such competition; and''.
       (c) Prejudice to Federal Employees.--
       (1) In general.--Section 3557 of title 31, United States 
     Code, is amended--
       (A) by inserting ``(a) Expedited Action.--'' before ``For 
     any protest''; and
       (B) by adding at the end the following new subsection:
       ``(b) Injury to Federal Employees.--In the case of a 
     protest filed by an interested party described in 
     subparagraph (B) of section 3551(2) of this title, a showing 
     that a Federal employee has been displaced from performing a 
     function or part thereof, or will be displaced as a direct 
     result of the action protested, and that function is being 
     performed by the private sector, or will be performed by the 
     private sector as a direct result of the action protested, is 
     sufficient evidence that a conversion has occurred resulting 
     in concrete injury and prejudice to the Federal employee as a 
     consequence of agency action.''.
       (2) Conforming and clerical amendments.--
       (A) The heading of section 3557 of such title is amended to 
     read as follows:

     ``Sec. 3557. Protests of public-private competitions''.

       (B) The item relating to section 3557 in the table of 
     sections at the beginning of chapter 35 of such title is 
     amended to read as follows:

``3557. Protests of public-private competitions.''.
       (d) Decisions on Protests.--Section 3554(b) of title 31, 
     United States Code, is amended--
       (1) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively;
       (2) by inserting after subparagraph (E) the following new 
     subparagraph (F):
       ``(F) cancel the solicitation issued pursuant to the 
     public-private competition conducted under Office of 
     Management and Budget Circular A-76 or any successor 
     policy;''; and
       (3) in subparagraph (G), as redesignated by paragraph (1), 
     by striking ``, and (E)'' and inserting ``, (E), and (G)''.
       (e) Applicability.--The amendments made by this section 
     shall apply--
       (1) to any protest or civil action that relates to a 
     public-private competition conducted after the date of the 
     enactment of this Act under Office of Management and Budget 
     Circular A-76, or any successor circular; or
       (2) to a decision made after the date of the enactment of 
     this Act to convert a function or part thereof performed by 
     Federal employees to private sector performance without a 
     competition under Office of Management and Budget Circular A-
     76.
                                 ______
                                 
  SA 1517. Mr. BUNNING 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 90, between lines 18 and 19, insert the following:

     SEC. 335. MULTIYEAR CONTRACT AUTHORITY FOR DEPARTMENT OF 
                   DEFENSE FOR PROCUREMENT OF ALTERNATIVE FUELS.

       (a) Multiyear Contracts for the Procurement of Alternative 
     Fuels Authorized.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, is amended by adding at the end the following:

     ``SEC. 2410R. MULTIYEAR CONTRACT AUTHORITY: PURCHASE OF 
                   ALTERNATIVE FUELS.

       ``The head of an agency (as defined in section 2302) may 
     enter into contracts for a period of not to exceed 20 years 
     for the purchase of alternative fuels.''.
       (2) Clerical amendment.--The table of sections of chapter 
     141 of title 10, United States Code, is amended by adding at 
     the end the following:

``Sec. 2410r. Multiyear contract authority: purchase of alternative 
              fuels.''.
       (b) Regulations.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     issue regulations that authorize the head of an agency to 
     enter into a multiyear contract as authorized by section 
     2410r of title 10, United States Code (as added by subsection 
     (a)), only if the head of the agency has determined in 
     writing that--
       (1) there is a reasonable expectation that, throughout the 
     contemplated contract period, the head of the agency will 
     request funding for the contract at the level required to 
     avoid contract cancellation;
       (2) the technical risks associated with the technologies 
     for the production of alternative fuel under the contract are 
     not excessive; and
       (3) the contract will contain appropriate pricing 
     mechanisms to minimize risk to the Federal Government from 
     significant changes in market prices for energy.
       (c) Limitation on Use of Authority.--No contract may be 
     entered into under section

[[Page 17641]]

     2410r of title 10, United States Code (as so added), until 
     the regulations required by subsection (b) are issued.
                                 ______
                                 
  SA 1518. 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:

       On page 565, after line 20, add the following:

                       Subtitle D--Other Matters

     SEC. 2841. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE.

       (a) Expansion of Initiative.--Not later than September 30, 
     2011, the Secretary of the Army shall expand the First 
     Sergeants Barracks Initiative (FSBI) to include all Army 
     installations in order to improve the quality of life and 
     living environments for single soldiers.
       (b) Progress Reports.--Not later than February 15, 2010, 
     and February 15, 2011, the Secretary of the Army shall submit 
     to Congress a report describing the progress made in 
     expanding the First Sergeants Barracks Initiative to all Army 
     installations, including whether the Secretary anticipates 
     meeting the deadline imposed by subsection (a).
                                 ______
                                 
  SA 1519. Mr. BURR (for himself and Mrs. Hagan) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 565, after line 20, add the following:

                       Subtitle D--Other Matters

     SEC. 2481. PROHIBITION ON OUTLYING LANDING FIELD AT SANDBANKS 
                   OR HALE'S LAKE, NORTH CAROLINA, FOR OCEANA 
                   NAVAL AIR STATION.

       The Secretary of the Navy may not establish, consider the 
     establishment of, or purchase land, construct facilities, 
     implement bird management plans, or conduct any other 
     activities that would facilitate the establishment of an 
     outlying landing field at either of the proposed sites in 
     North Carolina, Sandbanks or Hale's Lake, to support field 
     carrier landing practice for naval aircraft operating out of 
     Oceana, Naval Air Station, Virginia.
                                 ______
                                 
  SA 1520. 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 RE-DETERMINATION PROCESS FOR PERMANENTLY 
                   INCAPACITATED DEPENDENTS OF RETIRED AND 
                   DECEASED MEMBERS OF THE ARMED FORCES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on the re-determination process of the Department of 
     Defense used to determine the eligibility of permanently 
     incapacitated dependents of retired and deceased members of 
     the Armed Forces for benefits provided under laws 
     administered by the Secretary. The report shall include the 
     following:
       (1) An assessment of the re-determination process, 
     including the following:
       (A) The rationale for requiring a quadrennial 
     recertification of financial support after issuance of a 
     permanent identification card to a permanently incapacitated 
     dependent.
       (B) The administrative and other burdens the quadrennial 
     recertification imposes on the affected sponsor and 
     dependents, especially after the sponsor becomes ill, 
     incapacitated, or deceased.
       (C) The extent to which the quadrennial recertification 
     undermines the utility of issuing a permanent identification 
     card.
       (D) The extent of the consequences entailed in eliminating 
     the requirement for quadrennial recertification.
       (2) Specific recommendations for the following:
       (A) Improving the efficiency of the recertification 
     process.
       (B) Minimizing the burden of such process on the sponsors 
     of such dependents.
       (C) Eliminating the requirement for quadrennial 
     recertification.
                                 ______
                                 
  SA 1521. Mr. ENSIGN (for himself and Mr. Brown) 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. EXPANSION OF STATE HOME CARE FOR PARENTS OF 
                   VETERANS WHO DIED WHILE SERVING IN ARMED 
                   FORCES.

       In administering section 51.210(d) of title 38, Code of 
     Federal Regulations, the Secretary of Veterans Affairs shall 
     permit a State home to provide services to, in addition to 
     non-veterans described in such subsection, a non-veteran any 
     of whose children died while serving in the Armed Forces.
                                 ______
                                 
  SA 1522. Mr. AKAKA (for himself, Ms. Collins, Mr. Lieberman, Mr. 
Voinovich, Ms. Murkowski, Mr. Begich, Mr. Kohl, Ms. Mikulski, Mr. 
Cardin, Mr. Inouye, Mr. Webb, and Mr. Warner) 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 XI of division A, insert the following:

       Subtitle B--Federal Employee Retirement-Related Provisions

     SEC. 1121. CREDIT FOR UNUSED SICK LEAVE.

       (a) In General.--Section 8415 of title 5, United States 
     Code, is amended--
       (1) by redesignating the second subsection (k) and 
     subsection (l) as subsections (l) and (m), respectively; and
       (2) in subsection (l) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(l) In computing'' and inserting ``(l)(1) 
     In computing''; and
       (B) by adding at the end the following:
       ``(2) Except as provided in paragraph (1), in computing an 
     annuity under this subchapter, the total service of an 
     employee who retires on an immediate annuity or who dies 
     leaving a survivor or survivors entitled to annuity includes 
     the days of unused sick leave to his credit under a formal 
     leave system and for which days the employee has not received 
     payment, except that these days will not be counted in 
     determining average pay or annuity eligibility under this 
     subchapter. For purposes of this subsection, in the case of 
     any such employee who is excepted from subchapter I of 
     chapter 63 under section 6301(2)(x) through (xiii), the days 
     of unused sick leave to his credit include any unused sick 
     leave standing to his credit when he was excepted from such 
     subchapter.''.
       (b) Exception From Deposit Requirement.--Section 8422(d)(2) 
     of title 5, United States Code, is amended by striking 
     ``section 8415(k)'' and inserting ``paragraph (1) or (2) of 
     section 8415(l)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to annuities computed based on 
     separations occurring on or after the date of enactment of 
     this Act.

     SEC. 1122. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 
                   ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 
                   ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 
                   SYSTEM.

       (a) In General.--Section 8334(d)(2)(A)(i) of title 5, 
     United States Code, is amended by striking ``October 1, 
     1990'' each place it appears and inserting ``March 1, 1991''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

     SEC. 1123. COMPUTATION OF CERTAIN ANNUITIES BASED ON PART-
                   TIME SERVICE.

       (a) In General.--Section 8339(p) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(3) In the administration of paragraph (1)--
       ``(A) subparagraph (A) of such paragraph shall apply with 
     respect to service performed before, on, or after April 7, 
     1986; and
       ``(B) subparagraph (B) of such paragraph--
       ``(i) shall apply with respect to that portion of any 
     annuity which is attributable to service performed on or 
     after April 7, 1986; and
       ``(ii) shall not apply with respect to that portion of any 
     annuity which is attributable to service performed before 
     April 7, 1986.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall be effective with respect to any annuity, entitlement 
     to which is based on a separation from service occurring on 
     or after the date of enactment of this Act.

[[Page 17642]]



     SEC. 1124. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS.

       (a) Deposit Authority.--Section 8422 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(i)(1) Each employee or Member who has received a refund 
     of retirement deductions under this or any other retirement 
     system established for employees of the Government covering 
     service for which such employee or Member may be allowed 
     credit under this chapter may deposit the amount received, 
     with interest. Credit may not be allowed for the service 
     covered by the refund until the deposit is made.
       ``(2) Interest under this subsection shall be computed in 
     accordance with paragraphs (2) and (3) of section 8334(e) and 
     regulations prescribed by the Office. The option under the 
     third sentence of section 8334(e)(2) to make a deposit in one 
     or more installments shall apply to deposits under this 
     subsection.
       ``(3) For the purpose of survivor annuities, deposits 
     authorized by this subsection may also be made by a survivor 
     of an employee or Member.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitional amendment.--Section 8401(19)(C) of title 
     5, United States Code, is amended by striking ``8411(f);'' 
     and inserting ``8411(f) or 8422(i);''.
       (2) Crediting of deposits.--Section 8422(c) of title 5, 
     United States Code, is amended by adding at the end the 
     following: ``Deposits made by an employee, Member, or 
     survivor also shall be credited to the Fund.''.
       (3) Section heading.--(A) The heading for section 8422 of 
     title 5, United States Code, is amended to read as follows:

     ``Sec. 8422. Deductions from pay; contributions for other 
       service; deposits''.

       (B) The analysis for chapter 84 of title 5, United States 
     Code, is amended by striking the item relating to section 
     8422 and inserting the following:

``8422. Deductions from pay; contributions for other service; 
              deposits.''.
       (4) Restoration of annuity rights.--The last sentence of 
     section 8424(a) of title 5, United States Code, is amended by 
     striking ``based.'' and inserting ``based, until the employee 
     or Member is reemployed in the service subject to this 
     chapter.''.

     SEC. 1125. RETIREMENT CREDIT FOR SERVICE OF CERTAIN EMPLOYEES 
                   TRANSFERRED FROM DISTRICT OF COLUMBIA SERVICE 
                   TO FEDERAL SERVICE.

       (a) Retirement Credit.--
       (1) In general.--Any individual who is treated as an 
     employee of the Federal Government for purposes of chapter 83 
     or chapter 84 of title 5, United States Code, on or after the 
     date of enactment of this Act who performed qualifying 
     District of Columbia service shall be entitled to have such 
     service included in calculating the individual's creditable 
     service under sections 8332 or 8411 of title 5, United States 
     Code, but only for purposes of the following provisions of 
     such title:
       (A) Sections 8333 and 8410 (relating to eligibility for 
     annuity).
       (B) Sections 8336 (other than subsections (d), (h), and (p) 
     thereof) and 8412 (relating to immediate retirement).
       (C) Sections 8338 and 8413 (relating to deferred 
     retirement).
       (D) Sections 8336(d), 8336(h), 8336(p), and 8414 (relating 
     to early retirement).
       (E) Section 8341 and subchapter IV of chapter 84 (relating 
     to survivor annuities).
       (F) Section 8337 and subchapter V of chapter 84 (relating 
     to disability benefits).
       (2) Treatment of detention officer service as law 
     enforcement officer service.--Any portion of an individual's 
     qualifying District of Columbia service which consisted of 
     service as a detention officer under section 2604(2) of the 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be 
     treated as service as a law enforcement officer under 
     sections 8331(20) or 8401(17) of title 5, United States Code, 
     for purposes of applying paragraph (1) with respect to the 
     individual.
       (3) Service not included in computing amount of any 
     annuity.--Qualifying District of Columbia service shall not 
     be taken into account for purposes of computing the amount of 
     any benefit payable out of the Civil Service Retirement and 
     Disability Fund.
       (b) Qualifying District of Columbia Service Defined.--In 
     this section, ``qualifying District of Columbia service'' 
     means any of the following:
       (1) Service performed by an individual as a nonjudicial 
     employee of the District of Columbia courts--
       (A) which was performed prior to the effective date of the 
     amendments made by section 11246(b) of the Balanced Budget 
     Act of 1997; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (2) Service performed by an individual as an employee of an 
     entity of the District of Columbia government whose functions 
     were transferred to the Pretrial Services, Parole, Adult 
     Supervision, and Offender Supervision Trustee under section 
     11232 of the Balanced Budget Act of 1997--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government under section 11232(f) of such Act; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (3) Service performed by an individual as an employee of 
     the District of Columbia Public Defender Service--
       (A) which was performed prior to the effective date of the 
     amendments made by section 7(e) of the District of Columbia 
     Courts and Justice Technical Corrections Act of 1998; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (4) In the case of an individual who was an employee of the 
     District of Columbia Department of Corrections who was 
     separated from service as a result of the closing of the 
     Lorton Correctional Complex and who was appointed to a 
     position with the Bureau of Prisons, the District of Columbia 
     courts, the Pretrial Services, Parole, Adult Supervision, and 
     Offender Supervision Trustee, the United States Parole 
     Commission, or the District of Columbia Public Defender 
     Service, service performed by the individual as an employee 
     of the District of Columbia Department of Corrections--
       (A) which was performed prior to the effective date of the 
     individual's coverage as an employee of the Federal 
     Government; and
       (B) for which the individual did not ever receive credit 
     under the provisions of subchapter III of chapter 83 or 
     chapter 84 of title 5, United States Code (other than by 
     virtue of section 8331(1)(iv) of such title).
       (c) Certification of Service.--The Office of Personnel 
     Management shall accept the certification of the appropriate 
     personnel official of the government of the District of 
     Columbia or other independent employing entity concerning 
     whether an individual performed qualifying District of 
     Columbia service and the length of the period of such service 
     the individual performed.

     SEC. 1126. RETIREMENT TREATMENT OF CERTAIN SECRET SERVICE 
                   EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means an individual who--
       (1) was hired as a member of the United States Secret 
     Service Division during the period beginning on January 1, 
     1984 through December 31, 1986;
       (2) has actively performed duties other than clerical for 
     10 or more years directly related to the protection mission 
     of the United States Secret Service described under section 
     3056 of title 18, United States Code;
       (3) is serving as a member of the United States Secret 
     Service Division or the United States Secret Service Uniform 
     Division (or any successor entity) on the effective date of 
     this section; and
       (4) files an election to be a covered employee under 
     subsection (b)(1).
       (b) Election of Coverage.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, an individual described under 
     subsection (a)(1), (2), and (3) may file an election with the 
     United States Secret Service to be a covered employee and to 
     transition to the District of Columbia Police and Fire 
     Fighter Retirement and Disability System.
       (2) Notification.--Not later than 30 days after the date of 
     enactment of this Act, the Office of Personnel Management and 
     the United States Secret Service shall notify each individual 
     described under subsection (a)(1), (2), and (3) that the 
     individual is qualified to file an election under paragraph 
     (1).
       (c) Retirement Coverage Conversion.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, and in consultation with the Secretary 
     of Homeland Security and the Thrift Savings Board, the Office 
     of Personnel Management shall prescribe regulations to carry 
     out the responsibilities of the Federal Government under this 
     section. The regulations prescribed under this paragraph 
     shall provide for transition of covered employees from the 
     Federal Employees' Retirement System to the Civil Service 
     Retirement System.
       (2) Treatment of covered employees.--
       (A) Election of coverage.--
       (i) In general.--If a covered employee files an election 
     under subsection (b)(1), the covered employee shall, subject 
     to clause (ii), be converted from the Federal Employees' 
     Retirement System to the Civil Service Retirement System.
       (ii) Coverage in district of columbia retirement system.--

       (I) In general.--Chapter 7 of title 5 of the District of 
     Columbia Code shall apply with respect to a covered employee 
     on the date on which the covered employee transitions to the 
     Civil Service Retirement System.
       (II) Authorization for district of columbia.--The 
     government of the District of Columbia shall provide for the 
     coverage of covered employees in the District of Columbia 
     Police and Fire Fighter Retirement and Disability System in 
     accordance with this section.

[[Page 17643]]

       (B) Thrift savings plan.--A covered employee shall forfeit, 
     under procedures prescribed by the Executive Director of the 
     Federal Retirement Thrift Investment Board, all Thrift 
     Savings Plan contributions and associated earnings made by an 
     employing agency pursuant to section 8432(c) of title 5, 
     United States Code. Any amounts remaining in the Thrift 
     Savings Plan account of the covered employee may be 
     transferred to a private account or the District of Columbia 
     Police and Firefighter Retirement and Disability System.
       (C) Forfeiture of social security benefits.--
       (i) Contributions.--Upon conversion into the Civil Service 
     Retirement System, a covered employee shall forfeit all 
     contributions made for purposes of title II of the Social 
     Security Act on the basis of the covered employee's 
     employment with the United States Secret Service under 
     sections 3101(a) and 3111(a) of the Internal Revenue Code of 
     1986. All forfeited funds shall remain in the Federal Old-Age 
     and Survivors Insurance Trust Fund and the Federal Disability 
     Insurance Trust Fund, as applicable. Notwithstanding 
     paragraphs (4) and (5) of section 205(c) of the Social 
     Security Act, the Commissioner of Social Security shall 
     change or delete any entry with respect to wages of a covered 
     employee that are forfeited under this clause.
       (ii) Benefits.--

       (I) In general.--No individual shall be entitled to any 
     benefit under title II of the Social Security Act based on 
     wages for which the contributions were forfeited under clause 
     (i).
       (II) No effect on medicare benefits.--Notwithstanding the 
     forfeiture by a covered employee under clause (i), such 
     contributions shall continue to be treated as having been 
     made while performing medicare qualified government 
     employment (as defined in section 210(p) of the Social 
     Security Act) for purposes of sections 226 and 226A of that 
     Act.

       (3) Implementation.--The Office of Personnel Management, 
     the Department of Homeland Security, the Social Security 
     Administration, and the Thrift Savings Board shall take such 
     actions as necessary to provide for the implementation of 
     this section.
       (d) Effective Date.--
       (1) In general.--Except as provided under paragraph (2), 
     this section shall take effect on the first day of the first 
     applicable pay period that begins 180 days after the date of 
     enactment of this Act.
       (2) Elections and implementation.--Subsections (b) and 
     (c)(1) and (3) shall take effect on the date of enactment of 
     this Act.

        Subtitle C--Non-Foreign Area Retirement Equity Assurance

     SEC. 1141. SHORT TITLE.

       This subtitle may be cited as the ``Non-Foreign Area 
     Retirement Equity Assurance Act of 2009'' or the ``Non-
     Foreign AREA Act of 2009''.

     SEC. 1142. EXTENSION OF LOCALITY PAY.

       (a) Locality-Based Comparability Payments.--Section 5304 of 
     title 5, United States Code, is amended--
       (1) in subsection (f)(1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) each General Schedule position in the United States, 
     as defined under section 5921(4), and its territories and 
     possessions, including the Commonwealth of Puerto Rico and 
     the Commonwealth of the Northern Mariana Islands, shall be 
     included within a pay locality;'';
       (2) in subsection (g)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (ii) in subparagraph (B) by striking the period and 
     inserting ``; and''; and
       (iii) by adding after subparagraph (B) the following:
       ``(C) positions under subsection (h)(1)(C) not covered by 
     appraisal systems certified under section 5382; and''; and
       (B) by adding at the end the following:
       ``(3) The applicable maximum under this subsection shall be 
     level II of the Executive Schedule for positions under 
     subsection (h)(1)(C) covered by appraisal systems certified 
     under section 5307(d).''; and
       (3) in subsection (h)(1)--
       (A) in subparagraph (B) by striking ``and'' after the 
     semicolon;
       (B) by redesignating subparagraph (C) as subparagraph (D);
       (C) by inserting after subparagraph (B) the following:
       ``(C) a Senior Executive Service position under section 
     3132 or 3151 or a senior level position under section 5376 
     stationed within the United States, but outside the 48 
     contiguous States and the District of Columbia in which the 
     incumbent was an individual who on the day before the date of 
     enactment of the Non-Foreign Area Retirement Equity Assurance 
     Act of 2009 was eligible to receive a cost-of-living 
     allowance under section 5941; and'';
       (D) in clause (iv) in the matter following subparagraph 
     (D), by inserting ``, except for members covered by 
     subparagraph (C)'' before the semicolon; and
       (E) in clause (v) in the matter following subparagraph (D), 
     by inserting ``, except for members covered by subparagraph 
     (C)'' before the semicolon.
       (b) Allowances Based on Living Costs and Conditions of 
     Environment.--Section 5941 of title 5, United States Code, is 
     amended--
       (1) in subsection (a), by adding after the last sentence 
     ``Notwithstanding any preceding provision of this subsection, 
     the cost-of-living allowance rate based on paragraph (1) 
     shall be the cost-of-living allowance rate in effect on the 
     date of enactment of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009, except as adjusted under subsection 
     (c).'';
       (2) by redesignating subsection (b) as subsection (d); and
       (3) by inserting after subsection (a) the following:
       ``(b) This section shall apply only to areas that are 
     designated as cost-of-living allowance areas as in effect on 
     December 31, 2009.
       ``(c)(1) The cost-of-living allowance rate payable under 
     this section shall be adjusted on the first day of the first 
     applicable pay period beginning on or after--
       ``(A) January 1, 2010; and
       ``(B) January 1 of each calendar year in which a locality-
     based comparability adjustment takes effect under section 
     1144 (2) and (3) of the Non-Foreign Area Retirement Equity 
     Assurance Act of 2009.
       ``(2)(A) In this paragraph, the term `applicable locality-
     based comparability pay percentage' means, with respect to 
     calendar year 2010 and each calendar year thereafter, the 
     applicable percentage under section 1144 (1), (2), or (3) of 
     Non-Foreign Area Retirement Equity Assurance Act of 2009.
       ``(B) Each adjusted cost-of-living allowance rate under 
     paragraph (1) shall be computed by--
       ``(i) subtracting 65 percent of the applicable locality-
     based comparability pay percentage from the cost-of-living 
     allowance percentage rate in effect on December 31, 2009; and
       ``(ii) dividing the resulting percentage determined under 
     clause (i) by the sum of--
       ``(I) one; and
       ``(II) the applicable locality-based comparability payment 
     percentage expressed as a numeral.
       ``(3) No allowance rate computed under paragraph (2) may be 
     less than zero.
       ``(4) Each allowance rate computed under paragraph (2) 
     shall be paid as a percentage of basic pay (including any 
     applicable locality-based comparability payment under section 
     5304 or similar provision of law and any applicable special 
     rate of pay under section 5305 or similar provision of 
     law).''.

     SEC. 1143. ADJUSTMENT OF SPECIAL RATES.

       (a) In General.--Each special rate of pay established under 
     section 5305 of title 5, United States Code, and payable in 
     an area designated as a cost-of-living allowance area under 
     section 5941(a) of that title, shall be adjusted, on the 
     dates prescribed by section 1144 of this subtitle, in 
     accordance with regulations prescribed by the Director of the 
     Office of Personnel Management under section 1148 of this 
     subtitle.
       (b) Agencies With Statutory Authority.--
       (1) In general.--Each special rate of pay established under 
     an authority described under paragraph (2) and payable in a 
     location designated as a cost-of-living allowance area under 
     section 5941(a)(1) of title 5, United States Code, shall be 
     adjusted in accordance with regulations prescribed by the 
     applicable head of the agency that are consistent with the 
     regulations issued by the Director of the Office of Personnel 
     Management under subsection (a).
       (2) Statutory authority.--The authority referred to under 
     paragraph (1), is any statutory authority that--
       (A) is similar to the authority exercised under section 
     5305 of title 5, United States Code;
       (B) is exercised by the head of an agency when the head of 
     the agency determines it to be necessary in order to obtain 
     or retain the services of persons specified by statute; and
       (C) authorizes the head of the agency to increase the 
     minimum, intermediate, or maximum rates of basic pay 
     authorized under applicable statutes and regulations.
       (c) Temporary Adjustment.--Regulations issued under 
     subsection (a) or (b) may provide that statutory limitations 
     on the amount of such special rates may be temporarily raised 
     to a higher level during the transition period described in 
     section 1144 ending on the first day of the first pay period 
     beginning on or after January 1, 2012, at which time any 
     special rate of pay in excess of the applicable limitation 
     shall be converted to a retained rate under section 5363 of 
     title 5, United States Code.

     SEC. 1144. TRANSITION SCHEDULE FOR LOCALITY-BASED 
                   COMPARABILITY PAYMENTS.

       Notwithstanding any other provision of this subtitle or 
     section 5304 or 5304a of title 5, United States Code, in 
     implementing the amendments made by this subtitle, for each 
     non-foreign area determined under section 5941(b) of that 
     title, the applicable rate for the locality-based 
     comparability adjustment that is used in the computation 
     required under section 5941(c) of that title shall be 
     adjusted effective on the first day of the first pay period 
     beginning on or after January 1--
       (1) in calendar year 2010, by using \1/3\ of the locality 
     pay percentage for the rest of United States locality pay 
     area;

[[Page 17644]]

       (2) in calendar year 2011, by using \2/3\ of the otherwise 
     applicable comparability payment approved by the President 
     for each non-foreign area; and
       (3) in calendar year 2012 and each subsequent year, by 
     using the full amount of the applicable comparability payment 
     approved by the President for each non-foreign area.

     SEC. 1145. SAVINGS PROVISION.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the application of this subtitle to any employee should 
     not result in a decrease in the take home pay of that 
     employee;
       (2) in calendar year 2012 and each subsequent year, no 
     employee shall receive less than the Rest of the U.S. 
     locality pay rate;
       (3) concurrent with the surveys next conducted under the 
     provisions of section 5304(d)(1)(A) of title 5, United States 
     Code, beginning after the date of the enactment of this Act, 
     the Bureau of Labor Statistics should conduct separate 
     surveys to determine the extent of any pay disparity (as 
     defined by section 5302 of that title) that may exist with 
     respect to positions located in the State of Alaska, the 
     State of Hawaii, and the United States territories, including 
     American Samoa, Guam, Commonwealth of the Northern Mariana 
     Islands, Commonwealth of Puerto Rico, and the United States 
     Virgin Islands;
       (4) if the surveys under paragraph (3) indicate that the 
     pay disparity determined for the State of Alaska, the State 
     of Hawaii, or any 1 of the United States territories 
     including American Samoa, Guam, Commonwealth of the Northern 
     Mariana Islands, Commonwealth of Puerto Rico, and the United 
     States Virgin Islands exceeds the pay disparity determined 
     for the locality which (for purposes of section 5304 of that 
     title) is commonly known as the ``Rest of the United 
     States'', the President's Pay Agent should take appropriate 
     measures to provide that each such surveyed area be treated 
     as a separate pay locality for purposes of that section; and
       (5) the President's Pay Agent will establish 1 locality 
     area for the entire State of Hawaii and 1 locality area for 
     the entire State of Alaska.
       (b) Savings Provisions.--
       (1) In general.--During the period described under section 
     1144 of this subtitle, an employee paid a special rate under 
     5305 of title 5, United States Code, who the day before the 
     date of enactment of this Act was eligible to receive a cost-
     of-living allowance under section 5941 of title 5, United 
     States Code, and who continues to be officially stationed in 
     an allowance area, shall receive an increase in the 
     employee's special rate consistent with increases in the 
     applicable special rate schedule. For employees in allowance 
     areas, the minimum step rate for any grade of a special rate 
     schedule shall be increased at the time of an increase in the 
     applicable locality rate percentage for the allowance area by 
     not less than the dollar increase in the locality-based 
     comparability payment for a non-special rate employee at the 
     same minimum step provided under section 1144 of this 
     subtitle, and corresponding increases shall be provided for 
     all step rates of the given pay range.
       (2) Continuation of cost of living allowance rate.--If an 
     employee, who the day before the date of enactment of this 
     Act was eligible to receive a cost-of-living allowance under 
     section 5941 of title 5, United States Code, would receive a 
     rate of basic pay and applicable locality-based comparability 
     payment which is in excess of the maximum rate limitation set 
     under section 5304(g) of title 5, United States Code, for his 
     position (but for that maximum rate limitation) due to the 
     operation of this subtitle, the employee shall continue to 
     receive the cost-of-living allowance rate in effect on 
     December 31, 2009 without adjustment until--
       (A) the employee leaves the allowance area or pay system; 
     or
       (B) the employee is entitled to receive basic pay 
     (including any applicable locality-based comparability 
     payment or similar supplement) at a higher rate,

     but, when any such position becomes vacant, the pay of any 
     subsequent appointee thereto shall be fixed in the manner 
     provided by applicable law and regulation.
       (3) Locality-based comparability payments.--Any employee 
     covered under paragraph (2) shall receive any applicable 
     locality-based comparability payment extended under section 
     1144 of this subtitle which is not in excess of the maximum 
     rate set under section 5304(g) of title 5, United States 
     Code, for his position including any future increase to 
     statutory pay limitations under 5318 of title 5, United 
     States Code. Notwithstanding paragraph (2), to the extent 
     that an employee covered under that paragraph receives any 
     amount of locality-based comparability payment, the cost-of-
     living allowance rate under that paragraph shall be reduced 
     accordingly, as provided under section 5941(c)(2)(B) of title 
     5, United States Code.

     SEC. 1146. APPLICATION TO OTHER ELIGIBLE EMPLOYEES.

       (a) In General.--
       (1) Definition.--In this subsection, the term ``covered 
     employee'' means--
       (A) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid a cost-of-living allowance 
     under 5941 of title 5, United States Code; and
       (II) was not eligible to be paid locality-based 
     comparability payments under 5304 or 5304a of that title; or

       (ii) on or after the date of enactment of this Act becomes 
     eligible to be paid a cost-of-living allowance under 5941 of 
     title 5, United States Code; or
       (B) any employee who--
       (i) on the day before the date of enactment of this Act--

       (I) was eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) was eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) was employed by the Transportation Security 
     Administration of the Department of Homeland Security and was 
     eligible to be paid an allowance based on section 5941 of 
     title 5, United States Code; or
       (IV) was eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code; or

       (ii) on or after the date of enactment of this Act--

       (I) becomes eligible to be paid an allowance under section 
     1603(b) of title 10, United States Code;
       (II) becomes eligible to be paid an allowance under section 
     1005(b) of title 39, United States Code;
       (III) is employed by the Transportation Security 
     Administration of the Department of Homeland Security and 
     becomes eligible to be paid an allowance based on section 
     5941 of title 5, United States Code; or
       (IV) is eligible to be paid under any other authority a 
     cost-of-living allowance that is equivalent to the cost-of-
     living allowance under section 5941 of title 5, United States 
     Code.

       (2) Application to covered employees.--
       (A) In general.--Notwithstanding any other provision of 
     law, for purposes of this subtitle (including the amendments 
     made by this subtitle) any covered employee shall be treated 
     as an employee to whom section 5941 of title 5, United States 
     Code (as amended by section 1142 of this subtitle), and 
     section 1144 of this subtitle apply.
       (B) Pay fixed by statute.--Pay to covered employees under 
     section 5304 or 5304a of title 5, United States Code, as a 
     result of the application of this subtitle shall be 
     considered to be fixed by statute.
       (C) Performance appraisal system.--With respect to a 
     covered employee who is subject to a performance appraisal 
     system no part of pay attributable to locality-based 
     comparability payments as a result of the application of this 
     subtitle including section 5941 of title 5, United States 
     Code (as amended by section 1142 of this subtitle), may be 
     reduced on the basis of the performance of that employee.
       (b) Postal Employees in Non-Foreign Areas.--
       (1) In general.--Section 1005(b) of title 39, United States 
     Code, is amended--
       (A) by inserting ``(1)'' after ``(b)'';
       (B) by striking ``Section 5941,'' and inserting ``Except as 
     provided under paragraph (2), section 5941'';
       (C) by striking ``For purposes of such section,'' and 
     inserting ``Except as provided under paragraph (2), for 
     purposes of section 5941 of that title,''; and
       (D) by adding at the end the following:
       ``(2) On and after the date of enactment of the Non-Foreign 
     Area Retirement Equity Assurance Act of 2009--
       ``(A) the provisions of that Act and section 5941 of title 
     5 shall apply to officers and employees covered by section 
     1003 (b) and (c) whose duty station is in a nonforeign area; 
     and
       ``(B) with respect to officers and employees of the Postal 
     Service (other than those officers and employees described 
     under subparagraph (A)) of section 1146(b)(2) of that Act 
     shall apply.''.
       (2) Continuation of cost of living allowance.--
       (A) In general.--Notwithstanding any other provision of 
     this subtitle, any employee of the Postal Service (other than 
     an employee covered by section 1003 (b) and (c) of title 39, 
     United States Code, whose duty station is in a nonforeign 
     area) who is paid an allowance under section 1005(b) of that 
     title shall be treated for all purposes as if the provisions 
     of this subtitle (including the amendments made by this 
     subtitle) had not been enacted, except that the cost-of-
     living allowance rate paid to that employee--
       (i) may result in the allowance exceeding 25 percent of the 
     rate of basic pay of that employee; and
       (ii) shall be the greater of--

       (I) the cost-of-living allowance rate in effect on December 
     31, 2009 for the applicable area; or
       (II) the applicable locality-based comparability pay 
     percentage under section 1144.

       (B) Rule of construction.--Nothing in this subtitle shall 
     be construed to--
       (i) provide for an employee described under subparagraph 
     (A) to be a covered employee as defined under subsection (a); 
     or

[[Page 17645]]

       (ii) authorize an employee described under subparagraph (A) 
     to file an election under section 1147 of this subtitle.

     SEC. 1147. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY 
                   COMPUTATION BY EMPLOYEES.

       (a) Definition.--In this section the term ``covered 
     employee'' means any employee--
       (1) to whom section 1144 applies;
       (2) who is separated from service by reason of retirement 
     under chapter 83 or 84 of title 5, United States Code, during 
     the period of January 1, 2010, through December 31, 2012; and
       (3) who files an election with the Office of Personnel 
     Management under subsection (b).
       (b) Election.--
       (1) In general.--An employee described under subsection (a) 
     (1) and (2) may file an election with the Office of Personnel 
     Management to be covered under this section.
       (2) Deadline.--An election under this subsection may be 
     filed not later than December 31, 2012.
       (c) Computation of Annuity.--
       (1) In general.--Except as provided under paragraph (2), 
     for purposes of the computation of an annuity of a covered 
     employee any cost-of-living allowance under section 5941 of 
     title 5, United States Code, paid to that employee during the 
     first applicable pay period beginning on or after January 1, 
     2010 through the first applicable pay period ending on or 
     after December 31, 2012, shall be considered basic pay as 
     defined under section 8331(3) or 8401(4) of that title.
       (2) Limitation.--The amount of the cost-of-living allowance 
     which may be considered basic pay under paragraph (1) may not 
     exceed the amount of the locality-based comparability 
     payments the employee would have received during that period 
     for the applicable pay area if the limitation under section 
     1144 of this subtitle did not apply.
       (d) Civil Service Retirement and Disability Retirement 
     Fund.--
       (1) Employee contributions.--A covered employee shall pay 
     into the Civil Service Retirement and Disability Retirement 
     Fund--
       (A) an amount equal to the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during the period described under 
     subsection (c) of this section if the cost-of-living 
     allowances described under that subsection had been treated 
     as basic pay under section 8331(3) or 8401(4) of title 5, 
     United States Code; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period; and
       (B) interest as prescribed under section 8334(e) of title 
     5, United States Code, based on the amount determined under 
     subparagraph (A).
       (2) Agency contributions.--
       (A) In general.--The employing agency of a covered employee 
     shall pay into the Civil Service Retirement and Disability 
     Retirement Fund an amount for applicable agency contributions 
     based on payments made under paragraph (1).
       (B) Source.--Amounts paid under this paragraph shall be 
     contributed from the appropriation or fund used to pay the 
     employee.
       (3) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.

     SEC. 1148. REGULATIONS.

       (a) In General.--The Director of the Office of Personnel 
     Management shall prescribe regulations to carry out this 
     subtitle, including--
       (1) rules for special rate employees described under 
     section 1143;
       (2) rules for adjusting rates of basic pay for employees in 
     pay systems administered by the Office of Personnel 
     Management when such employees are not entitled to locality-
     based comparability payments under section 5304 of title 5, 
     United States Code, without regard to otherwise applicable 
     statutory pay limitations during the transition period 
     described in section 1144 ending on the first day of the 
     first pay period beginning on or after January 1, 2012; and
       (3) rules governing establishment and adjustment of saved 
     or retained rates for any employee whose rate of pay exceeds 
     applicable pay limitations on the first day of the first pay 
     period beginning on or after January 1, 2012.
       (b) Other Pay Systems.--With the concurrence of the 
     Director of the Office of Personnel Management, the 
     administrator of a pay system not administered by the Office 
     of Personnel Management shall prescribe regulations to carry 
     out this subtitle with respect to employees in such pay 
     system, consistent with the regulations prescribed by the 
     Office under subsection (a). With respect to employees not 
     entitled to locality-based comparability payments under 
     section 5304 of title 5, United States Code, regulations 
     prescribed under this subsection may provide for special 
     payments or adjustments for employees who were eligible to 
     receive a cost-of-living allowance under section 5941 of that 
     title on the date before the date of enactment of this Act.

     SEC. 1149. EFFECTIVE DATES.

       (a) In General.--Except as provided by subsection (b), this 
     subtitle (including the amendments made by this subtitle) 
     shall take effect on the date of enactment of this Act.
       (b) Locality Pay and Schedule.--The amendments made by 
     section 1142 and the provisions of section 1144 shall take 
     effect on the first day of the first applicable pay period 
     beginning on or after January 1, 2010.

            Subtitle D--Part-Time Reemployment of Annuitants

     SEC. 1161. SHORT TITLE.

       This subtitle may be cited as the ``Part-Time Reemployment 
     of Annuitants Act of 2009''.

     SEC. 1162. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life or property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of

[[Page 17646]]

     Personnel Management may find appropriate to provide for the 
     effective operation of, or to ensure compliance with, this 
     subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life or property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section 1162.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this subtitle, or subsection (i) 
     of section 8468 of title 5, United States Code, as amended by 
     this subtitle; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section 1162 of this subtitle) 
     shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1523. Ms. COLLINS (for herself, Mr. Voinovich, and Mr. Kohl) 
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 title XI of division A, insert the following:

            Subtitle B--Part-Time Reemployment of Annuitants

     SEC. 1161. SHORT TITLE.

       This subtitle may be cited as the ``Part-Time Reemployment 
     of Annuitants Act of 2009''.

     SEC. 1162. PART-TIME REEMPLOYMENT.

       (a) Civil Service Retirement System.--Section 8344 of title 
     5, United States Code, is amended--
       (1) by redesignating subsection (l) as subsection (m);
       (2) by inserting after subsection (k) the following:
       ``(l)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;

[[Page 17647]]

       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (k)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) or (b) with respect to any annuitant who is 
     employed in such agency as a limited time appointee, if the 
     head of the agency determines that the employment of the 
     annuitant is necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) or (b) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8468(i) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office of Personnel Management or other 
     employing agencies as necessary to ensure compliance with 
     paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for the effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under this subsection is training or 
     mentoring of employees, the hours of that service shall be 
     included in the hours of service performed for purposes of 
     paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) or (b) 
     shall terminate 5 years after the date of enactment of the 
     Part-Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (m) (as so redesignated)--
       (A) in paragraph (1), by striking ``(k)'' and inserting 
     ``(l)''; and
       (B) in paragraph (2), by striking ``or (k)'' and inserting 
     ``(k), or (l)''.
       (b) Federal Employee Retirement System.--Section 8468 of 
     title 5, United States Code, is amended--
       (1) by redesignating subsection (i) as subsection (j);
       (2) by inserting after subsection (h) the following:
       ``(i)(1) For purposes of this subsection--
       ``(A) the term `head of an agency' means--
       ``(i) the head of an Executive agency, other than the 
     Department of Defense or the Government Accountability 
     Office;
       ``(ii) the head of the United States Postal Service;
       ``(iii) the Director of the Administrative Office of the 
     United States Courts, with respect to employees of the 
     judicial branch; and
       ``(iv) any employing authority described under subsection 
     (h)(2), other than the Government Accountability Office; and
       ``(B) the term `limited time appointee' means an annuitant 
     appointed under a temporary appointment limited to 1 year or 
     less.
       ``(2) The head of an agency may waive the application of 
     subsection (a) with respect to any annuitant who is employed 
     in such agency as a limited time appointee, if the head of 
     the agency determines that the employment of the annuitant is 
     necessary to--
       ``(A) fulfill functions critical to the mission of the 
     agency, or any component of that agency;
       ``(B) assist in the implementation or oversight of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) or the Troubled Asset Relief Program under title I of 
     the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
     5201 et seq.);
       ``(C) assist in the development, management, or oversight 
     of agency procurement actions;
       ``(D) assist the Inspector General for that agency in the 
     performance of the mission of that Inspector General;
       ``(E) promote appropriate training or mentoring programs of 
     employees;
       ``(F) assist in the recruitment or retention of employees; 
     or
       ``(G) respond to an emergency involving a direct threat to 
     life of property or other unusual circumstances.
       ``(3) The head of an agency may not waive the application 
     of subsection (a) with respect to an annuitant--
       ``(A) for more than 520 hours of service performed by that 
     annuitant during the period ending 6 months following the 
     individual's annuity commencing date;
       ``(B) for more than 1040 hours of service performed by that 
     annuitant during any 12-month period; or
       ``(C) for more than a total of 3120 hours of service 
     performed by that annuitant.
       ``(4)(A) The total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies may not exceed 2.5 percent of the total 
     number of full-time employees of that agency.
       ``(B) If the total number of annuitants to whom a waiver by 
     the head of an agency under this subsection or section 
     8344(l) applies exceeds 1 percent of the total number of 
     full-time employees of that agency, the head of that agency 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Government Reform of the House of 
     Representatives, and the Office of Personnel Management--
       ``(i) a report with an explanation that justifies the need 
     for the waivers in excess of that percentage; and
       ``(ii) not later than 180 days after submitting the report 
     under clause (i), a succession plan.
       ``(5)(A) The Director of the Office of Personnel Management 
     may promulgate regulations providing for the administration 
     of this subsection.
       ``(B) Any regulations promulgated under subparagraph (A) 
     may--
       ``(i) provide standards for the maintenance and form of 
     necessary records of employment under this subsection;
       ``(ii) to the extent not otherwise expressly prohibited by 
     law, require employing agencies to provide records of such 
     employment to the Office or other employing agencies as 
     necessary to ensure compliance with paragraph (3);
       ``(iii) authorize other administratively convenient periods 
     substantially equivalent to 12 months, such as 26 pay 
     periods, to be used in determining compliance with paragraph 
     (3)(B);
       ``(iv) include such other administrative requirements as 
     the Director of the Office of Personnel Management may find 
     appropriate to provide for effective operation of, or to 
     ensure compliance with, this subsection; and
       ``(v) encourage the training and mentoring of employees by 
     any limited time appointee employed under this subsection.
       ``(6)(A) Any hours of training or mentoring of employees by 
     any limited time appointee employed under this subsection 
     shall not be included in the hours of service performed for 
     purposes of paragraph (3), but those hours of training or 
     mentoring may not exceed 520 hours.
       ``(B) If the primary service performed by any limited time 
     appointee employed under

[[Page 17648]]

     this subsection is training or mentoring of employees, the 
     hours of that service shall be included in the hours of 
     service performed for purposes of paragraph (3).
       ``(7) The authority of the head of an agency under this 
     subsection to waive the application of subsection (a) shall 
     terminate 5 years after the date of enactment of the Part-
     Time Reemployment of Annuitants Act of 2009.''; and
       (3) in subsection (j) (as so redesignated)--
       (A) in paragraph (1), by striking ``(h)'' and inserting 
     ``(i)''; and
       (B) in paragraph (2), by striking ``or (h)'' and inserting 
     ``(h), or (i)''.
       (c) Rule of Construction.--Nothing in the amendments made 
     by this section may be construed to authorize the waiver of 
     the hiring preferences under chapter 33 of title 5, United 
     States Code in selecting annuitants to employ in an 
     appointive or elective position.
       (d) Technical and Conforming Amendments.--Section 
     1005(d)(2) of title 39, United States Code, is amended--
       (1) by striking ``(l)(2)'' and inserting ``(m)(2)''; and
       (2) by striking ``(i)(2)'' and inserting ``(j)(2)''.

     SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report regarding the use of the authority 
     under the amendments made by section 1162.
       (b) Contents.--The report submitted under subsection (a) 
     shall--
       (1) include the number of annuitants for whom a waiver was 
     made under subsection (l) of section 8344 of title 5, United 
     States Code, as amended by this subtitle, or subsection (i) 
     of section 8468 of title 5, United States Code, as amended by 
     this subtitle; and
       (2) identify each agency that used the authority described 
     in paragraph (1).
       (c) Agency Data.--Each head of an agency (as defined under 
     sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United 
     States Code, as added by section 1162 of this subtitle) 
     shall--
       (1) collect and maintain data necessary for purposes of the 
     Comptroller General report submitted under subsection (a); 
     and
       (2) submit to the Comptroller General that data as the 
     Comptroller General requires in a timely fashion.
                                 ______
                                 
  SA 1524. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. __. TRANSFER OF CERTAIN ARMY PROPERTY TO UNIVERSITY OF 
                   NORTH DAKOTA.

       (a) Authority to Transfer.--The Secretary of the Army shall 
     transfer, without consideration, to the University of North 
     Dakota, Grand Forks, North Dakota, all right, title, and 
     interest of the United States in the property described in 
     subsection (b) if, upon the completion of the contracts 
     referenced in subsection (b), the Secretary determines that 
     it is no longer in the best interest of the Army to recover 
     the property and there are no statutory, regulatory, or other 
     impediments to the transfer.
       (b) Description of Property.--The exact legal description 
     of the property transferred under this section shall be 
     determined by the Secretary following an inventory. In 
     general, such property consists of all United States 
     Government property procured for the United States Army 
     Engineered Surfaces for Weapons System Life Extension Program 
     and in the possession of Alion Science and Technology 
     Corporation and the University of North Dakota, both located 
     in Grand Forks, North Dakota, and assigned to the following 
     contracts: FA4600-06-D-0003, SPO7000-97-D-4001, and AMPTIAC-
     05-0001.
       (c) Condition of Transfer.--The transfer authorized under 
     subsection (a) shall be subject to the condition that the 
     University of North Dakota enters into an agreement with the 
     Secretary that governs future uses of the transferred 
     property.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the transfer under this section as the Secretary 
     determines appropriate to protect the interests of the United 
     States.
       (e) Dates of Transfer.--Any transfer of property under this 
     section shall take effect not later than 180 days after the 
     date of the enactment of this Act, or upon completion and 
     termination of the contracts identified in subsection (b), 
     whichever occurs later.
       (f) Delegation.--The Secretary may delegate roles and 
     responsibilities under this section to one or more 
     subordinates as needed.
                                 ______
                                 
  SA 1525. Mr. ISAKSON (for himself and 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:

       On page 245, between lines 3 and 4, insert the following:

     SEC. 803. REPEAL OF SUNSET OF AUTHORITY TO PROCURE FIRE 
                   RESISTANT RAYON FIBER FOR THE PRODUCTION OF 
                   UNIFORMS FROM FOREIGN SOURCES.

       Subsection (f) of section 829 of the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181; 
     122 Stat. 229; 10 U.S.C. 2533a note) is repealed.
                                 ______
                                 
  SA 1526. Mr. FEINGOLD (for himself, Ms. Murkowski, Mrs. Lincoln, and 
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 end of subtitle D of title VI, add the following:

     SEC. 652. CONTINUATION OF MILITARY COMPENSATION FOR RESERVE 
                   COMPONENT MEMBERS DURING PHYSICAL EVALUATION 
                   BOARD PROCESS AND FOR CERTAIN OTHER RESERVE 
                   COMPONENT MEMBERS.

       Section 1218 of title 10, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(d)(1) The Secretary of a military department shall give 
     a member of a reserve component under the jurisdiction of the 
     Secretary who is being evaluated by a physical evaluation 
     board for separation or retirement for disability under this 
     chapter or for placement on the temporary disability retired 
     list or inactive status list under this chapter the option to 
     remain on active duty in order to continue to receive pay and 
     allowances under title 37 during the physical evaluation 
     board process until such time as the member--
         ``(A) is cleared by the board to return to duty; or
         ``(B) is separated, retired, or placed on the temporary 
     disability retired list or inactive status list.
       ``(2) A member may change the election under paragraph (1) 
     at any point during the physical evaluation board process and 
     be released from active duty.
       ``(3) The requirements in paragraph (1) shall expire on the 
     date that is five years after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2010.
       ``(e) A member contemplating the exercise of an option 
     under subsection (d) may exercise such option only after 
     consultation with a member of the applicable judge advocate 
     general's corps.''.

     SEC. 653. ENCOURAGEMENT OF USE OF LOCAL RESIDENCES FOR 
                   CERTAIN RESERVE COMPONENT MEMBERS.

       Section 1222 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) Use of Local Residences for Certain Reserve Component 
     Members.--(1)(A) A member of a reserve component described by 
     subparagraph (B) shall be permitted to reside at the member's 
     permanent place of residence if residing at that location is 
     medically feasible, as determined by a licensed health care 
     provider.
       ``(B) A member of a reserve component described by this 
     subparagraph is any member remaining on active duty under 
     section 1218(d) of this title during the period the member is 
     on active duty under such subsection.
       ``(2) Nothing in this subsection shall be construed as 
     terminating, altering, or otherwise affecting the authority 
     of the commander of a member described in paragraph (1)(B) to 
     order the member to perform duties consistent with the 
     member's fitness for duty.
       ``(3) The Secretary concerned shall pay any reasonable 
     expenses of transportation, lodging, and meals incurred by a 
     member residing at the member's permanent place of residence 
     under this subsection in connection with travel from the 
     member's permanent place of residence to a medical facility 
     during the period in which the member is covered by this 
     subsection.''.

     SEC. 654. ASSISTANCE WITH TRANSITIONAL BENEFITS.

       (a) In General.--Chapter 61 of title 10, United States 
     Code, is amended by inserting after section 1218 the 
     following new section:

[[Page 17649]]



     ``Sec. 1218a. Discharge or release from active duty: 
       transition assistance

       ``The Secretary of a military department shall provide to a 
     member of a reserve component under the jurisdiction of the 
     Secretary who is injured while on active duty in the armed 
     forces the following before such member is demobilized or 
     separated from the armed forces:
         ``(1) Information on the availability of care and 
     administrative processing through community based warrior 
     transition units.
         ``(2) The location of the community based warrior 
     transition unit located nearest to the member's permanent 
     place of residence.
         ``(3) An opportunity to consult with a member of the 
     applicable judge advocate general's corps regarding the 
     member's eligibility for compensation, disability, or other 
     transitional benefits.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 61 of such title is amended by inserting 
     after the item relating to section 1218 the following new 
     item:

``1218a. Discharge or release from active duty; transition 
              assistance.''.
                                 ______
                                 
  SA 1527. Mr. FEINGOLD (for himself and Mr. Wyden) 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 B of title III, add the following:

     SEC. 312. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN 
                   PITS.

       (a) In General.--The Secretary of Defense shall prohibit 
     the disposal of covered waste in an open-air burn pit during 
     a contingency operation lasting longer than one year.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the use of open-air burn pits in contingency 
     operations. The report shall include--
       (1) a description of each type of waste burned in such 
     open-air burn pits; and
       (2) a discussion of the feasibility of alternative methods 
     of disposing of covered waste, including--
       (A) a plan to use such alternative methods; or
       (B) if the Secretary determines that no such alternative 
     method is feasible, a detailed discussion explaining why 
     open-air burn pits are the only feasible method of disposing 
     of such waste.
       (c) Definitions.--In this section:
       (1) Contingency operation.--The term ``contingency 
     operation'' has the meaning given that term by section 101(a) 
     of title 10, United States Code.
       (2) Covered waste.--The term ``covered waste'' includes the 
     following:
       (A) Hazardous waste, as defined by section 1004(5) of the 
     Solid Waste Disposal Act (42 U.S.C. 6903(5)).
       (B) Medical waste.
       (C) Solid waste containing plastic.
       (D) Automotive and marine batteries.
       (E) Pesticides.
       (F) Explosives.
       (G) Automotive oils.
       (H) Fuels and fluids.
       (I) Compressed gas containers.
       (J) Materials containing asbestos.
       (K) Electrical equipment.
       (L) Solvents.
       (M) Paint thinners and strippers.
       (N) Rubber.
       (O) Preserved (treated) wood.
       (P) Unexploded ordnance.
       (3) Medical waste.--The term ``medical waste'' means any 
     solid waste generated in the diagnosis, treatment, or 
     immunization of human beings or animals, in research 
     pertaining thereto, or in the production of testing of 
     biologicals.
                                 ______
                                 
  SA 1528. Mr. LIEBERMAN (for himself and Mr. Graham, Mr. Begich, Mr. 
Cornyn, Mrs. Hutchison, and 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:

       Strike section 402 and insert the following:

     SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-
                   DUTY END STRENGTHS FOR FISCAL YEARS 2010, 2011, 
                   AND 2012.

       (a) Authority To Increase Army Active-Duty End Strength.--
       (1) Authority.--For each of fiscal years 2010, 2011, and 
     2012, the Secretary of Defense may, as the Secretary 
     determines necessary for the purposes specified in paragraph 
     (2), establish the active-duty end strength for the Army at a 
     number greater than the number otherwise authorized by law up 
     to the number equal to the fiscal-year 2010 baseline plus 
     30,000.
       (2) Purpose of increases.--The purposes for which an 
     increase may be made in the active duty end strength for the 
     Army under paragraph (1) are the following:
       (A) To increase dwell time for members of the Army on 
     active duty.
       (B) To support operational missions.
       (C) To achieve reorganizational objectives, including 
     increased unit manning, force stabilization and shaping, and 
     supporting wounded warriors.
       (b) Relationship to Presidential Waiver Authority.--Nothing 
     in this section shall be construed to limit the authority of 
     the President under section 123a of title 10, United States 
     Code, to waive any statutory end strength in a time of war or 
     national emergency.
       (c) Relationship to Other Variance Authority.--The 
     authority in subsection (a) is in addition to the authority 
     to vary authorized end strengths that is provided in 
     subsections (e) and (f) of section 115 of title 10, United 
     States Code.
       (d) Budget Treatment.--
       (1) In general.--If the Secretary of Defense increases 
     active-duty end strength for the Army for fiscal year 2010 
     under subsection (a), the Secretary may fund such an increase 
     through Department of Defense reserve funds or through an 
     emergency supplemental appropriation.
       (2) Fiscal years 2011 and 2012.--(2) If the Secretary of 
     Defense plans to increase the active-duty end strength for 
     the Army for fiscal year 2011 or 2012, the budget for the 
     Department of Defense for such fiscal year as submitted to 
     Congress shall include the amounts necessary for funding the 
     active-duty end strength for the Army in excess of the 
     fiscal-year 2010 baseline.
       (e) Definitions.--In this section:
       (1) Fiscal-year 2010 baseline.--The term ``fiscal-year 2010 
     baseline'', with respect to the Army, means the active-duty 
     end strength authorized for the Army in section 401(1).
       (2) Active-duty end strength.--The term ``active-duty end 
     strength'', with respect to the Army for a fiscal year, means 
     the strength for active duty personnel of Army as of the last 
     day of the fiscal year.
                                 ______
                                 
  SA 1529. 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:

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

     SEC. 1073. REPORT ON ARMY NATIONAL GUARD DOMESTIC 
                   COMMUNICATIONS CAPABILITY.

       Not later than 30 days after completing the evaluation of 
     communications systems enhancements and capabilities that are 
     needed for the Army National Guard to respond to natural and 
     man-made disasters, as called for in the Defense Science 
     Board 2009 Report on Interagency Operability, the Secretary 
     of the Army shall submit to Congress a report on the 
     evaluation. The report required under subsection (a) shall 
     include an assessment of the capabilities of GUARDNET, the 
     mobilization, training, and administrative network of the 
     Army National Guard.
                                 ______
                                 
  SA 1530. Mrs. LINCOLN (for herself and Mrs. Hutchison) submitted an 
amendment intended to be proposed by her to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. CERTAIN SERVICE PERFORMED IN THE RESERVE 
                   COMPONENTS DEEMED ACTIVE SERVICE.

       Section 106 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Any person who has not otherwise performed qualifying 
     active duty service shall be deemed to have been on active 
     duty for purposes of all laws administered by the Secretary 
     if the person is entitled under chapter 1223 of title 10 to 
     retired pay for nonregular service or, but for age, would be 
     entitled under such chapter to retired pay for nonregular 
     service.''.
                                 ______
                                 
  SA 1531. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department

[[Page 17650]]

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. ___. SENSE OF THE SENATE ON NEGOTIATING CONCESSIONS WITH 
                   TERRORISTS.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States has a longstanding policy of opposing 
     negotiations with terrorists and terrorist organizations on 
     concessions of any kind, including ransom demands, prisoner 
     releases, and hostage exchanges. This longstanding policy has 
     been repeated by numerous administrations over the past 4 
     decades.
       (2) For example, at an August 4, 1975 meeting between 
     President Gerald Ford and Secretary of State Henry Kissinger 
     and Yugoslavian President Josip Tito, Secretary Kissinger 
     explained that the United States ``position is, as it has 
     always been, that we refuse to negotiate and to pay ransom in 
     these cases. We do this in order not to encourage the capture 
     of other Americans for the same purpose.''.
       (3) In his comments to President Tito, Secretary Kissinger 
     explained the basis for the United States policy, as well as 
     his expectation that the United States would never change 
     this no-negotiation policy: ``The American Government will 
     always refuse to negotiate because that is the only way we 
     can keep demands from being made upon us.''.
       (4) In the same conversation, President Ford said, ``It's 
     our strong feeling that if we were to breach this hard line 
     that we take there would be no end to the demands being made 
     upon us. We have to be tough and that is right in the long 
     run.''.
       (5) On January 20, 1986, President Ronald Reagan issued 
     National Security Decision Directive 207, which prohibits 
     negotiations with terrorist organizations regarding the 
     release of hostages.
       (6) National Security Decision Directive 207 sets forth in 
     unequivocal terms the United States ``firm opposition to 
     terrorism in all its forms'' and makes clear the Government's 
     ``conviction that to accede to terrorist demands places more 
     American citizens at risk. This no-concessions policy is the 
     best way of protecting the greatest number of people and 
     ensuring their safety.''.
       (7) National Security Decision Directive 207 continues to 
     say: ``The [United States Government] will pay no ransoms, 
     nor permit releases of prisoners or agree to other conditions 
     that could serve to encourage additional terrorism. We will 
     make no changes in our policy because of terrorist threats or 
     acts.''.
       (8) Department of State Publication 10217, which was 
     released in similar formats by the administrations of George 
     H.W. Bush in 1991 and Bill Clinton in 1994, espouses the same 
     no-concessions policy and makes clear that the United States 
     ``will not support the freeing of prisoners from 
     incarceration in response to terrorist demands.''.
       (9) On April 4, 2002, President George W. Bush said, 
     ``[t]error must be stopped. No nation can negotiate with 
     terrorists, for there is no way to make peace with those 
     whose only goal is death.''.
       (10) Secretary of State Hillary Clinton, while serving in 
     the United States Senate, wrote in 2007 that the United 
     States ``cannot negotiate with individual terrorists; they 
     must be hunted down and captured or killed.''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States should firmly maintain its 
     longstanding policy against negotiating with terrorists and 
     terrorist organizations on any concession or demand. It is 
     further the sense of the Senate that any abandonment or 
     weakening of this policy would endanger the safety of 
     American citizens, including United States servicemen, and 
     increase terrorist kidnappings, hostage demands, and murders.
                                 ______
                                 
  SA 1532. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. REPORT ON ANY DIRECT OR INDIRECT NEGOTIATIONS WITH 
                   TERRORISTS.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.
       (2) Negotiations with terrorists.--The term ``negotiations 
     with terrorists'' includes any direct or indirect 
     negotiations with any person or organization that--
       (A) has been designated by the United States, including any 
     department or agency of the United States, as a person or 
     organization that commits, threatens to commit, or supports 
     terrorism;
       (B) has engaged in any activity or is a representative of 
     an organization that would render the person inadmissible 
     under section 212(a)(3)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(3)(B)); or
       (C) is a member of al Qaeda or affiliated with al Qaeda 
     through any council or activity.
       (3) Concession.--The term ``concession'' includes any 
     discussion or demand for--
       (A) payment or ransom;
       (B) the withdrawal of United States military or diplomatic 
     presence; or
       (C) the release of any prisoner or detainee held by the 
     United States.
       (b) Reports.--
       (1) Preliminary report.--Not later than 60 days after the 
     date of the enactment of this Act, the Secretary of Defense, 
     in consultation with the Secretary of State, shall submit to 
     the appropriate committees of Congress a preliminary report 
     that identifies any case in 300 days preceding the report in 
     which the United States engaged in negotiations with 
     terrorists regarding any person held in the custody of the 
     United States or allied forces.
       (2) Periodic reports.--If any employee, agent, or 
     representative of the Department of Defense or the Department 
     of State engages in, authorizes, or cooperates in any way 
     with, negotiations with terrorists regarding any person held 
     in the custody of the United States or allied forces, the 
     Secretary of Defense or, where appropriate, the Secretary of 
     State, shall submit a report to the appropriate committees of 
     Congress within 30 days of the engagement, authorization, or 
     cooperation.
       (3) Form.--A report required under this subsection shall 
     include all relevant facts, including the name of the 
     terrorist person or organization, the name of any prisoner, 
     detainee, or hostage who was the subject of such 
     negotiations, the concession demanded or discussed during the 
     negotiations, the name of any government or third party 
     involved in the negotiations, and the outcome of the 
     negotiations. The report shall be submitted in an 
     unclassified format with a classified annex where 
     appropriate.
                                 ______
                                 
  SA 1533. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 323, beginning on line 19, strike ``or'' and all 
     that follows through line 22, and insert the following:
       ``(B) has purposefully and materially supported hostilities 
     against the United States or its coalition partners; or
       ``(C) is a member of al Qaeda or a group that is connected 
     with al Qaeda.''.
                                 ______
                                 
  SA 1534. Mr. VOINOVICH (for himself, Mr. Leahy, Mr. Bond, Mr. 
Bennett, Mr. Byrd, Mr. Cochran, Mr. Crapo, Mr. Dorgan, Ms. Murkowski, 
Mr. Risch, Mr. Rockefeller, and Mrs. Shaheen) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 512. AVAILABILITY OF APPROPRIATED FUNDS FOR 
                   INTERNATIONAL MILITARY-TO-CIVILIAN AND CIVIL 
                   SECURITY COOPERATION CONTACT ACTIVITIES 
                   CONDUCTED BY THE NATIONAL GUARD.

       (a) In General.--Subchapter I of chapter 134 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2249e. International military-civilian contact 
       activities conducted by the National Guard: availability of 
       appropriated funds

       ``(a) Availability of Appropriated Funds.--Funds 
     appropriated to the Department of Defense shall be available 
     for the payment of costs incurred by the National Guard 
     (including the costs of pay and allowances of members of the 
     National Guard) in conducting international military-to-
     civilian contacts, civil security cooperation contacts, and 
     comparable activities for purposes as follows:
       ``(1) To support the objectives of the commander of the 
     combatant command for the

[[Page 17651]]

     theater of operations in which such contacts and activities 
     are conducted.
       ``(2) To build international civil-military partnerships 
     and capacity.
       ``(3) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments.
       ``(4) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments.
       ``(5) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for contacts and activities described in that 
     subsection that are conducted in a foreign country unless 
     jointly approved by the commander of the combatant command 
     concerned and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     contacts and activities described in that subsection in a 
     foreign country unless the member is on active duty in the 
     armed forces at the time of such participation.
       ``(c) Reimbursement.--In the event of the participation of 
     personnel of a department or agency of the United States 
     Government (other than the Department of Defense) in contacts 
     and activities for which payment is made under subsection 
     (a), the head of such department or agency shall reimburse 
     the Secretary of Defense for the costs associated with the 
     participation of such personnel in such contacts and 
     activities. Amounts reimbursed the Department of Defense 
     under this subsection shall be deposited in the appropriation 
     or account from which amounts for the payment concerned were 
     derived. Any amounts so deposited shall be merged with 
     amounts in such appropriation or account, and shall be 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such appropriation 
     or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `military-to-civilian contacts' means the 
     following:
       ``(A) Contacts between members of the armed forces and 
     foreign civilian personnel.
       ``(B) Contacts between members of foreign Armed Forces and 
     United States civilian personnel.
       ``(2) The term `civil security cooperation contacts' means 
     contacts between United States civilian personnel and foreign 
     civilian personnel.
       ``(3) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch, and 
     non-governmental individuals, if the participation of such 
     individuals in contacts and activities described in 
     subsection (a)--
       ``(i) contributes to responsible management of defense 
     resources;
       ``(ii) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(iii) contributes to cooperation between foreign military 
     and civilian government agencies and United States military 
     and civilian governmental agencies; or
       ``(iv) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(4) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of foreign governments at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Non-governmental individuals of foreign countries, if 
     the participation of such individuals in contacts and 
     activities described in subsection (a) will further the 
     achievement of any matter set forth in clauses (i) through 
     (iv) of paragraph (3)(B).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 134 of such title is 
     amended by adding at the end the following new item:

``2249e. International military-civilian contact activities conducted 
              by the National Guard: availability of appropriated 
              funds.''.
                                 ______
                                 
  SA 1535. Mr. MARTINEZ 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 B of title XII, add the following:

     SEC. 1222. REPORT ON CUBA AND CUBA'S RELATIONS WITH OTHER 
                   COUNTRIES.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall provide 
     to the defense and intelligence committees of the Congress a 
     report addressing the following:
       (1) The cooperative agreements and relationships that Cuba 
     has with Iran, North Korea, and other states suspected of 
     nuclear proliferation.
       (2) A detailed account of the economic support provided by 
     Venezuela to Cuba and the intelligence and other support that 
     Cuba provides to the government of Hugo Chavez.
       (3) A review of the evidence of relationships between the 
     Cuban government or any of its components with drug cartels 
     or involvement in other drug trafficking activities.
       (4) The status and extent of Cuba's clandestine activities 
     in the United States.
       (5) The extent and activities of Cuban support for 
     governments in Venezuela, Bolivia, Ecuador, Central America, 
     and the Caribbean.
       (6) The status and extent of Cuba's research and 
     development program for biological weapons production.
       (7) The status and extent of Cuba's cyberwarfare program.
                                 ______
                                 
  SA 1536. Mr. MARTINEZ 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 B of title XII, add the following:

     SEC. 1222. REPORT ON VENEZUELA.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of National Intelligence shall provide 
     to the defense and intelligence committees of the Congress a 
     report addressing the following:
       (1) An inventory of all weapons purchases by, and transfers 
     to, the government of Venezuela and Venezuela's transfers to 
     other countries since 1998, particularly purchases and 
     transfers of missiles, ships, submarines, and any other 
     advanced systems. The report shall include an assessment of 
     whether there is accountability of the purchases and 
     transfers with respect to the end-use and diversion of such 
     materiel to popular militias, other governments, or irregular 
     armed forces.
       (2) The mining and shipping of Venezuelan uranium to Iran, 
     North Korea, and other states suspected of nuclear 
     proliferation.
       (3) The extent to which Hugo Chavez and other Venezuelan 
     officials and supporters of the Venezuelan government provide 
     political counsel, collaboration, financial ties, refuge, and 
     other forms of support, including military materiel, to the 
     Revolutionary Armed Forces of Colombia (FARC).
       (4) The extent to which Hugo Chavez and other Venezuelan 
     officials provide funding, logistical and political support 
     to the Islamist terrorist organization Hezbollah.
       (5) Deployment of Venezuelan security or intelligence 
     personnel to Bolivia, including any role such personnel have 
     in suppressing opponents of the government of Bolivia.
       (6) Venezuela's clandestine material support for political 
     movements and individuals throughout the Western Hemisphere 
     with the objective of influencing the internal affairs of 
     nations in the Western Hemisphere.
       (7) Efforts by Hugo Chavez and other officials or 
     supporters of the Venezuelan government to convert or launder 
     funds that are the property of Venezuelan government 
     agencies, instrumentalities, parastatals, including Petroleos 
     de Venezuela, SA (PDVSA).
       (8) Covert payments by Hugo Chavez or officials or 
     supporters of the Venezuelan government to foreign political 
     candidates, government officials, or officials of 
     international organizations for the purpose of influencing 
     the performance of their official duties.
                                 ______
                                 
  SA 1537. Mr. MARTINEZ (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       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.

[[Page 17652]]

       (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 resulted in significant 
     security gains and facilitated the economic, political, and 
     social gains that have occurred in Iraq since the surge was 
     initiated in 2007.
       (4) The people of Iraq have begun to develop a stable 
     government and stable society because of the security 
     provided by the surge and the decision 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 achieved by the surge 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 necessary.
       (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 are 
     committed to helping the people of Iraq ensure the stability 
     of Iraq and peace in the region, which the stability of Iraq 
     will provide; 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, including through 
     providing non-military assistance to the people of Iraq.
                                 ______
                                 
  SA 1538. Mr. UDALL of New Mexico 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 571, line 6, strike ``$5,395,831,000'' and insert 
     ``$5,763,856,000''.

                          ____________________