[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 17809-17822]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1539.  Mr. REID (for Mr. Kennedy) proposed an amendment to 
amendment SA 1511 proposed by Mr. Leahy (for himself, Ms. Collins, Mr. 
Kennedy, Ms. Snowe, Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin, 
Mr. Cardin, Mr. Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken, 
Ms. Mikulski, Mr. Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. Shaheen, 
Mr. Kerry, Mr. Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr. 
Casey, Ms. Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr. 
Brown, Mr. Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr. 
Kaufman, Mr. Inouye, Ms. Stabenow, and Mr. Reid) to the bill S. 1390, 
to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       At the end of the amendment, insert the following:

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

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall, if possible, 
     select 10 jurisdictions with laws classifying certain types 
     of offenses as relevant offenses and 10 jurisdictions without 
     such laws from which to collect the data described in 
     subparagraph (C) over a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;

[[Page 17810]]

       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (c) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2008, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2008 and 2009 to carry out this section.
                                 ______
                                 
  SA 1540. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SECTION 1083. GOVERNMENT OWNERSHIP EXIT PLAN.

       (a) Definition.--In this section--
       (1) the term ``ownership interest'' means an interest in a 
     troubled asset described in section 3(9)(B) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5202(a)(1)), as 
     in effect on the day before the date of enactment of this 
     Act, that was purchased by the Secretary under section 
     101(a)(1) of such Act (12 U.S.C. 5211(a)(1)); and
       (2) the term ``Secretary'' means the Secretary of the 
     Treasury.
       (b) Re-Privatization of Private Entities.--
       (1) Prohibition on federal government holding ownership 
     interests.--
       (A) In general.--Beginning on the date of enactment of this 
     Act, the Federal Government may not acquire, directly or 
     indirectly, any ownership interest.
       (B) Divestiture.--Except as provided in paragraph (2), the 
     Secretary shall divest the Federal Government of any 
     ownership interest not later than 1 year after the date of 
     enactment of this Act.
       (2) Limited authority.--
       (A) In general.--Beginning 1 year after the date of 
     enactment of this Act, the Secretary may hold an ownership 
     interest with respect to a particular entity for a period of 
     not more than 6 months if, not later than 1 year after the 
     date of enactment of this Act, the Secretary submits a report 
     to Congress with respect to that entity stating that--
       (i) compliance with paragraph (1)(B) with respect to such 
     entity would have a significant adverse impact on the 
     taxpayers of the United States; and
       (ii) there is a reasonable expectation that a waiver of 
     paragraph (1)(B) would allow the Secretary to recover the 
     cost to the Federal Government of acquiring such ownership 
     interest.
       (B) Single renewal.--The Secretary may renew an extension 
     under subparagraph (A) for a single period of not more than 6 
     months, if the Secretary submits to Congress a report stating 
     that the conditions described in clauses (i) and (ii) of 
     subparagraph (A) still exist with respect to the subject 
     ownership interest.
       (3) Conforming amendment.--Section 3(9) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5202(9)) is 
     amended--
       (A) in subparagraph (A), by striking ``; and'' at the end 
     and inserting a period;
       (B) by striking ``means--'' and all that follows through 
     ``residential'' in subparagraph (A) and inserting ``means 
     residential''; and
       (C) by striking subparagraph (B).
       (4) Deposit of funds.--
       (A) In general.--Section 115(a)(3) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) is 
     amended by striking ``outstanding at any one time''.
       (B) Deposit of funds into treasury.--
       (i) In general.--On and after the date of enactment of this 
     Act, all repayments of obligations arising under the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 
     et seq.), and all proceeds from the sale of assets acquired 
     by the Federal Government under that Act, shall be paid into 
     the general fund of the Treasury for reduction of the public 
     debt, in accordance with section 106(d) of that Act (12 
     U.S.C. 5216(d)), as amended by this subsection.
       (ii) Conforming amendment.--Section 106(d) of the Emergency 
     Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is 
     amended by inserting ``, and repayments of obligations 
     arising under this Act,'' after ``section 113''.
       (5) Influence of management decisions.--Title I of the 
     Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 
     et seq.) is amended by adding at the end the following:

     ``SEC. 137. INFLUENCE OF MANAGEMENT DECISIONS.

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `covered person' means any person who is an 
     officer or employee (including a special Government employee 
     (as defined in section 202(a) of title 18, United States 
     Code)) of the executive branch of the United States 
     (including any independent agency of the United States); and
       ``(2) the term `significant management decision' includes 
     the appointment of senior executives or board members, 
     business strategies relating to production and manufacturing, 
     plant closings, the relocation of the headquarters of an 
     entity, the modification of labor contracts, and other 
     financial decisions.
       ``(b) Influence Prohibited.--
       ``(1) In general.--It shall be unlawful for any covered 
     person to knowingly make, with the intent to influence, a 
     communication regarding a significant management decision of 
     a recipient of assistance under this title to any officer or 
     employee of the recipient.
       ``(2) Criminal penalty.--Any covered person who violates 
     paragraph (1) shall be fined under title 18, United States 
     Code, imprisoned for not more than 1 year, or both.
       ``(c) Civil Actions.--
       ``(1) In general.--The Attorney General of the United 
     States may bring a civil action in an appropriate United 
     States district court against any covered person to enforce 
     subsection (b).
       ``(2) Civil penalty.--Any covered person who, upon proof by 
     a preponderance of the evidence, violates subsection (b) 
     shall be subject to a civil penalty of not more than $50,000 
     for each violation. The imposition of a civil penalty under 
     this paragraph shall not preclude any other criminal or civil 
     statutory, common law, or administrative remedy, which is 
     available by law to the United States or any other person.
       ``(3) Orders.--If the Attorney General of the United States 
     has reason to believe that

[[Page 17811]]

     a covered person is engaging in conduct that violates 
     subsection (b), the Attorney General may petition an 
     appropriate United States district court for an order 
     prohibiting the covered person from engaging in the conduct. 
     The court may issue an order prohibiting the covered person 
     from engaging in the conduct if the court finds that the 
     conduct constitutes a violation of subsection (b). The filing 
     of a petition under this paragraph shall not preclude any 
     other remedy which is available by law to the United States 
     or any other person.''.
       (6) Federal deposit insurance corporation.--Nothing in this 
     section may be construed to impede the ability of the Federal 
     Deposit Insurance Corporation to maintain the stability of 
     the banking system.
       (c) Oversight by Financial Stability Oversight Board.--
     Section 104(a) of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5214(a)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the semicolon at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) reviewing the implementation of section 1083 of the 
     National Defense Authorization Act for Fiscal Year 2010.''.
       (d) Reports Required.--
       (1) Report on federal government ownership.--
       (A) Reports required.--The Secretary shall make (and shall 
     publicly disclose) periodic reports detailing any ownership 
     interest held by the Federal Government, including any loan 
     or loan guarantee made by the Board of Governors of the 
     Federal Reserve System.
       (B) Timing of reports.--The Secretary shall submit the 
     reports under subparagraph (A)--
       (i) not later than 3 months after the date of enactment of 
     this Act; and
       (ii) each quarter of the fiscal year thereafter.
       (2) Reports on winding down or divestment.--
       (A) Reports required.--The Secretary shall submit to 
     Congress periodic reports on the plans of the Secretary for 
     compliance with this section, including any plans to wind 
     down or divest an ownership interest.
       (B) Timing of reports.--The Secretary shall submit the 
     reports under subparagraph (A)--
       (i) not later than 6 months after the date of enactment of 
     this Act; and
       (ii) each month thereafter until all ownership interests 
     are divested under subsection (b)(1)(B).
       (e) Plan for Government Sponsored Enterprises.--Not later 
     than 90 days after the date of enactment of this Act, the 
     Secretary shall submit to Congress a report describing a plan 
     of the Secretary--
       (1) to end the conservatorship by the Federal Government of 
     the Federal National Mortgage Association and the Federal 
     Home Loan Mortgage Corporation; and
       (2) to eliminate any form of direct ownership by the 
     Federal Government of the Federal National Mortgage 
     Association and the Federal Home Loan Mortgage Corporation.
                                 ______
                                 
  SA 1541. 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:

       On page 239, after line 19, add the following:

     SEC. 733. IMPROVEMENT OF INFORMATION FOR MEMBERS AND FORMER 
                   MEMBERS OF THE ARMED FORCES ON UPGRADES OF 
                   DISCHARGE.

       (a) Clarification and Improvement of Information.--
       (1) Notice that upgrade is not automatic.--Each member of 
     the Armed Forces who is being considered for or processed for 
     an administrative or any other type of discharge shall 
     receive written notice that an upgrade in the 
     characterization of discharge will not automatically result 
     from review of the discharge by a board of review under 
     section 1533 of title 10, United States Code. The notice 
     shall be dated and shall be provided to the member at least 
     15 days prior to any deadline to elect a particular 
     characterization or type of discharge or manner of 
     processing.
       (2) Notice of right to obtain legal counsel.--The written 
     notice required under paragraph (1) shall also advise the 
     member that the member has the right to meet with and discuss 
     his or her discharge options with legal counsel prior to 
     electing a characterization and provide the name, location, 
     phone number, and email address of the nearest military 
     defense counsel who supports the member's unit. The 15-day 
     election deadline may be extended until the member is able to 
     meet with a military defense counsel should the member so 
     desire.
       (3) Related clarification.--The notice of discharge issued 
     to a member of the Armed Forces upon discharge may not 
     contain or include any information, references, or other 
     material that is inconsistent with the notice required under 
     paragraph (1).
       (b) Record Keeping.--
       (1) Requirement to maintain copy of required notices.--A 
     copy of each written notice required under subsection (a)(1) 
     shall be maintained in the permanent personnel file of the 
     member, in addition to any copies directly provided to the 
     member.
                                 ______
                                 
  SA 1542. Mr. BROWN (for himself and Mr. Ensign) 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 V, add the following:

     SEC. 524. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE 
                   OFFICERS' TRAINING CORPS.

       (a) Plan for Increase.--The Secretary of Defense, in 
     consultation with the Secretaries of the military 
     departments, may implement a plan to establish and support up 
     to 4,000 Junior Reserve Officers' Training Corps units not 
     later than fiscal year 2020.
       (b) Cooperation With Local Educational Agencies.--The 
     Secretary of Defense, in implementing a plan under subsection 
     (a), shall work with local educational agencies to increase 
     the employment in Junior Reserve Officers' Training Corps 
     units of retired members of the Armed Forces who are retired 
     under chapter 61 of title 10, United States Code, especially 
     members who were wounded or injured while deployed in a 
     contingency operation.
       (c) Report on Plan.--The Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     following:
       (1) A description of how the Secretaries of the military 
     departments can increase the number of units of the Junior 
     Reserve Officers' Training Corps to the number specified in 
     subsection (a), including how many new units may foreseeably 
     be established per year by each service.
       (2) The annual funding necessary to support any increase in 
     units, including the personnel costs associated.
                                 ______
                                 
  SA 1543. Mr. RISCH (for himself and Mr. Crapo) 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 100, between lines 2 and 3, insert the following:

     SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR 
                   SELECTED RESERVE END STRENGTHS.

       Section 115(g) of title 10, United States Code, is amended 
     to read as follows:
       ``(g) Authority for Service Secretary Variances for Active-
     Duty and Selected Reserve End Strengths.--(1) Upon 
     determination by the Secretary of a military department that 
     such action would enhance manning and readiness in essential 
     units or in critical specialties or ratings, the Secretary 
     may--
       ``(A) increase the end strength authorized pursuant to 
     subsection (a)(1)(A) for a fiscal year for the armed force 
     under the jurisdiction of that Secretary or, in the case of 
     the Secretary of the Navy, for any of the armed forces under 
     the jurisdiction of that Secretary, by a number equal to not 
     more than 2 percent of such authorized end strength; and
       ``(B) increase the end strength authorized pursuant to 
     subsection (a)(2) for a fiscal year for the Selected Reserve 
     of the reserve component of the armed force under the 
     jurisdiction of that Secretary or, in the case of the 
     Secretary of the Navy, for the Selected Reserve of the 
     reserve component of any of the armed forces under the 
     jurisdiction of that Secretary, by a number equal to not more 
     than 2 percent of such authorized end strength.
       ``(2) Any increase under paragraph (1) of the end strength 
     for an armed force or the Selected Reserve of a reserve 
     component of an armed force shall be counted as part of the 
     increase for that armed force or Selected Reserve for that 
     fiscal year authorized under subsection (f)(1) or subsection 
     (f)(3), respectively.''.
                                 ______
                                 
  SA 1544. Mr. RISCH (for himself and Mr. Crapo) 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,

[[Page 17812]]

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 E of title III, add the following:

     SEC. 342. REPORT ON STATUS OF AIR NATIONAL GUARD FLEET.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of the Air Force, the Chief of the National Guard 
     Bureau, the Director of the Air National Guard, and such 
     other officials as the Secretary of Defense considers 
     appropriate, shall submit to Congress a report on--
       (1) the status of the fleet of the Air National Guard; and
       (2) the plans of the Department of Defense to ensure that 
     the forces of the Air National Guard remain ready, reliable, 
     and relevant to the missions of the Department in Iraq and 
     Afghanistan and future missions of the Department.
                                 ______
                                 
  SA 1545. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN TREATMENT 
                   OF POST-TRAUMATIC STRESS DISORDER.

       (a) In General.--Not later than December 31, 2010, the 
     Secretary of Defense and the Secretary of Veterans Affairs, 
     in consultation with the Secretary of Health and Human 
     Services, shall jointly submit to the appropriate committees 
     of Congress a report on the feasibility and advisability of 
     using alternative therapies in the treatment of post-
     traumatic stress disorder, including the therapeutic use of 
     animals.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, the Committee on Veterans' Affairs, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, the Committee on Veterans' Affairs, and the 
     Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 1546. Mr. BINGAMAN 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 I, add the following:

     SEC. 125. AC-130 GUNSHIPS.

       (a) Report on Reduction in Service Life in Connection With 
     Accelerated Deployment.--Not later than December 31, 2009, 
     the Secretary of the Air Force, in consultation with the 
     United States Special Operations Command, shall submit to the 
     congressional defense committees an assessment of the 
     reduction in the service life of AC-130 gunships of the Air 
     Force as a result of the accelerated deployments of such 
     gunships that are anticipated during the seven- to ten-year 
     period beginning with the date of the enactment of this Act, 
     assuming that operating tempo continues at a rate per year of 
     the average of their operating rate for the last five years.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate by series of the maintenance costs for the 
     AC-130 gunships during the period described in subsection 
     (a), including any major airframe and engine overhauls of 
     such aircraft anticipated during that period.
       (2) A description by series of the age, serviceability, and 
     capabilities of the armament systems of the AC-130 gunships.
       (3) An estimate by series of the costs of modernizing the 
     armament systems of the AC-130 gunships to achieve any 
     necessary capability improvements.
       (4) A description by series of the age and capabilities of 
     the electronic warfare systems of the AC-130 gunships, and an 
     estimate of the cost of upgrading such systems during that 
     period to achieve any necessary capability improvements.
       (5) A description by series of the age of the avionics 
     systems of the AC-130 gunships, and an estimate of the cost 
     of upgrading such systems during that period to achieve any 
     necessary capability improvements.
       (6) An estimate of the costs of replacing all AC-130 
     gunships with a similar platform that meets the requirements 
     of the Air Force for a next-generation gunship, including--
       (A) a description of the time required for the replacement 
     of every AC-130 gunship with a similar next-generation 
     gunship; and
       (B) a comparative analysis of the costs of operation of AC-
     130 gunships by series, including costs of operation, 
     maintenance, and personnel, with the anticipated costs of 
     operation of various platforms that might be suitable for a 
     next-generation gunship.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1547. Mr. DORGAN (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 933. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED 
                   AIRCRAFT.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Transportation shall jointly develop a plan for providing 
     access to the national airspace for unmanned aircraft of the 
     Department of Defense. The plan shall include--
       (1) milestones for providing access to the national 
     airspace for unmanned aircraft before the transition of Grand 
     Forks Air Force Base, North Dakota, into a main operating 
     base for unmanned aircraft in fiscal year 2010; and
       (2) a description of the policies with respect to use of 
     the national airspace, flight standards, and operating 
     procedures that will be implemented by the Department of 
     Defense and the Federal Aviation Administration to 
     accommodate the operational needs of the Global Hawk unmanned 
     aircraft and training requirements with respect to the 
     Predator-class unmanned aircraft assigned to Grand Forks Air 
     Force Base.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Transportation shall submit to the congressional 
     defense committees, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing the plan required by 
     subsection (a).
                                 ______
                                 
  SA 1548. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 553, between lines 15 and 16, insert the following:

     SEC. 2707. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO 
                   IMPLEMENT BASE CLOSURE AND REALIGNMENT PROPERTY 
                   RECOMMENDATIONS.

       (a) Economic Redevelopment Conveyance Authority.--
     Subsection (b)(4) of section 2905 of the Defense Base Closure 
     and Realignment Act of 1990 (part A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note) is amended--
       (1) in subparagraph (A), by striking ``job generation'' and 
     inserting ``economic redevelopment'';
       (2) by striking subparagraph (B) and inserting the 
     following new subparagraph:
       ``(B) Real or personal property at a military installation 
     shall be conveyed, without consideration, under subparagraph 
     (A) to the redevelopment authority with respect to the 
     installation if the authority--
       ``(i) agrees that the proceeds from any sale or lease of 
     the property (or any portion thereof) received by the 
     redevelopment authority during at least the first seven years 
     after the date of the initial transfer of the property under 
     subparagraph (A) or the completion of the initial 
     redevelopment of the property, whichever is earlier, shall be 
     used to support the economic redevelopment of, or related to, 
     the installation; and
       ``(ii) executes the agreement for transfer of the property 
     and accepts control of the property within a reasonable time 
     after the requirements associated with subsection (c) are 
     satisfied.''; and
       (3) in subparagraph (C), by adding at the end the following 
     new clause:
       ``(xiii) Environmental restoration, waste management, and 
     environmental compliance activities provided pursuant to 
     subsection (e).''.
       (b) Recoupment Authority.--Subsection (b)(4)(D) of such 
     section is amended--
       (1) by striking ``The Secretary'' and inserting ``At the 
     conclusion of the period specified in subparagraph (B) 
     applicable to an installation, the Secretary''; and

[[Page 17813]]

       (2) by striking ``for the period specified in subparagraph 
     (B)'' and inserting ``before the conclusion of such period''.
       (c) Regulations and Report Concerning Property 
     Conveyances.--
       (1) Regulations.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to implement the amendments made by 
     this section to support the conveyance of surplus real and 
     personal property at closed or realigned military 
     installations to local redevelopment authorities for economic 
     development purposes.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report regarding the status of current and 
     anticipated economic development conveyances involving 
     surplus real and personal property at closed or realigned 
     military installations, projected job creation as a result of 
     the conveyances, community reinvestment, and progress made as 
     a result of the implementation of the amendments made by this 
     section.
                                 ______
                                 
  SA 1549. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; 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. COMPTROLLER GENERAL REPORT ON NAVY SECURITY 
                   MEASURES FOR LAURELWOOD HOUSING COMPLEX, NAVAL 
                   WEAPONS STATION, EARLE, NEW JERSEY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Comptroller General shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report containing a cost analysis and audit 
     of the sufficiency of the Navy's security measures in advance 
     of the proposed occupancy by the general public of units of 
     the Laurelwood Housing complex on Naval Weapons Station, 
     Earle. The report shall include an estimate of costs to be 
     incurred by Federal, State, and local government agencies in 
     the following areas:
       (1) Security and safety procedures.
       (2) Land/utilities management and services.
       (3) Educational assistance.
       (4) Emergency services.
       (5) Community services.
       (6) Environmental services.
                                 ______
                                 
  SA 1550. Mrs. BOXER (for herself, Mr. Bond, Ms. Landrieu, Ms. 
Murkowski, Mrs. Lincoln, Mrs. Gillibrand, Mr. Wyden, and Mr. Burris) 
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 B of title VII, insert the 
     following:

     SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL FOR 
                   REIMBURSEMENT OF COVERED BENEFICIARIES OF THE 
                   MILITARY HEALTH CARE SYSTEM FOR TRAVEL FOR 
                   SPECIALTY HEALTH CARE.

       (a) Reduction.--Section 1074i(a) of title 10, United States 
     Code, is amended by striking ``100 miles'' and inserting ``50 
     miles''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act, and shall apply with respect to 
     referrals for specialty health care made on or after such 
     effective date.
                                 ______
                                 
  SA 1551. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED 
                   SERVICES.

       (a) Flexible Spending Arrangements for the Uniformed 
     Services.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, with 
     respect to members of the Army, Navy, Marine Corps, and Air 
     Force, the Secretary of Homeland Security, with respect to 
     members of the Coast Guard, the Secretary of Health and Human 
     Services, with respect to commissioned officers of the Public 
     Health Service, and the Secretary of Commerce, with respect 
     to commissioned officers of the National Oceanic and 
     Atmospheric Administration, shall establish procedures to 
     implement flexible spending arrangements with respect to 
     basic pay under section 204 of title 37, United States Code, 
     and compensation payable under section 206 of title 37, 
     United States Code, for health care and dependent care on a 
     pre-tax basis in accordance with regulations prescribed under 
     sections 106(c) and 125 of the Internal Revenue Code of 1986.
       (2) Considerations.--In establishing the procedures 
     required by paragraph (1), the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of Health and 
     Human Services, and the Secretary of Commerce shall consider 
     life events of members of the uniformed services that are 
     unique to them as members of the uniformed services, 
     including changes relating to permanent changes of duty 
     station and deployments to overseas contingency operations.
       (b) Deductions Not Prohibited for Enlisted Members.--
     Section 701(c) of title 37, United States Code, relating to 
     assignment of the pay of an enlisted member, may not be 
     construed to prohibit or invalidate the arrangements 
     authorized by this section with respect to the pay or 
     compensation of an enlisted member.
       (c) Review of Applicability to Selected Reserve.--Not later 
     than November 1, 2009, the Secretary of Defense shall submit 
     to the congressional defense committees recommendations on 
     the advisability of authorizing flexible spending 
     arrangements for members of the Selected Reserve.
       (d) Uniformed Services Defined.--In this section, the term 
     ``uniformed services'' has the meaning given the term in 
     section 101(a) of title 10, United States Code.
                                 ______
                                 
  SA 1552. Mrs. BOXER submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 557. SUPPORT OF DUAL-MILITARY COUPLES WITH DEPENDENTS.

       (a) In General.--Subchapter I of chapter 88 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1789a. Prohibition on concurrent deployment of dual-
       military married couples with minor dependents

       ``(a) Prohibition on Concurrent Deployment.--The Secretary 
     may not deploy overseas in connection with a contingency 
     operation an individual who--
       ``(1) has a minor dependent;
       ``(2) is married to a member of the armed forces who is 
     deployed overseas in connection with a contingency operation; 
     and
       ``(3) is designated by such member in the family care plan 
     of such member as the primary care provider of such minor 
     dependent.
       ``(b) Reintegration Period.--In the case of an individual 
     with a minor dependent whose spouse is a member of the armed 
     forces returning from an overseas deployment in connection 
     with a contingency operation, the Secretary may not deploy 
     such individual during the 90-day period beginning on the 
     date on which such member returns from such deployment.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1789 the following new item:

``1789a. Prohibition on concurrent deployment of dual-military married 
              couples with minor dependents.''.
                                 ______
                                 
  SA 1553. Mr. GREGG (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 553, between lines 15 and 16, insert the following:

     SEC. 2707. AUTHORITY TO CONSTRUCT PREVIOUSLY AUTHORIZED ARMED 
                   FORCES RESERVE CENTER IN VICINITY OF SPECIFIED 
                   LOCATION AT PEASE AIR NATIONAL GUARD BASE, NEW 
                   HAMPSHIRE.

       The Secretary of the Army may use funds appropriated 
     pursuant to the authorization of appropriations in section 
     2703 of the Duncan Hunter National Defense Authorization Act 
     for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4715) for 
     the purpose of constructing an Armed Forces Reserve Center at 
     Pease

[[Page 17814]]

     Air National Guard Base, New Hampshire, to construct instead 
     an Armed Forces Reserve Center in the vicinity of Pease Air 
     National Guard Base at a location determined by the Secretary 
     to be in the best interest of national security and in the 
     public interest.
                                 ______
                                 
  SA 1554. Mr. BURR (for himself, Mr. Bayh, Ms. Snowe, Mr. Udall of 
Colorado, Mr. Wicker, Mr. Thune, Mr. Enzi, Mr. Johanns, Ms. Murkowski, 
Mr. Hatch, Mrs. Lincoln, and Ms. Landrieu) 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 V, add the following:

     SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY 
                   PERSONNEL FOR VOTING PURPOSES.

       (a) In General.--Section 705 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 595) is amended--
       (1) by striking ``For'' and inserting the following:
       ``(a) In General.--For'';
       (2) by adding at the end the following new subsection:
       ``(b) Spouses.--For the purposes of voting for any Federal 
     office (as defined in section 301 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431)) or a State or local 
     office, a person who is absent from a State because the 
     person is accompanying the person's spouse who is absent from 
     that same State in compliance with military or naval orders 
     shall not, solely by reason of that absence--
       ``(1) be deemed to have lost a residence or domicile in 
     that State, without regard to whether or not the person 
     intends to return to that State;
       ``(2) be deemed to have acquired a residence or domicile in 
     any other State; or
       ``(3) be deemed to have become a resident in or a resident 
     of any other State.''; and
       (3) in the section heading, by inserting ``AND SPOUSES OF 
     MILITARY PERSONNEL'' before the period at the end.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act (50 U.S.C. App. 501) is amended by striking 
     the item relating to section 705 and inserting the following 
     new item:

``Sec. 705. Guarantee of residency for military personnel and spouses 
              of military personnel.''.
       (c) Application.--Subsection (b) of section 705 of such Act 
     (50 U.S.C. App. 595), as added by subsection (a) of this 
     section, shall apply with respect to absences from States 
     described in such subsection (b) on or after the date of the 
     enactment of this Act, regardless of the date of the military 
     or naval order concerned.

     SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF 
                   SPOUSES OF MILITARY PERSONNEL.

       (a) In General.--Section 511 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 571) is amended--
       (1) in subsection (a)--
       (A) by striking ``A servicemember'' and inserting the 
     following:
       ``(1) In general.--A servicemember''; and
       (B) by adding at the end the following:
       ``(2) Spouses.--A spouse of a servicemember shall neither 
     lose nor acquire a residence or domicile for purposes of 
     taxation with respect to the person, personal property, or 
     income of the spouse by reason of being absent or present in 
     any tax jurisdiction of the United States solely to be with 
     the servicemember in compliance with the servicemember's 
     military orders if the residence or domicile, as the case may 
     be, is the same for the servicemember and the spouse.'';
       (2) by redesignating subsections (c), (d), (e), and (f) as 
     subsections (d), (e), (f), and (g), respectively;
       (3) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Income of a Military Spouse.--Income for services 
     performed by the spouse of a servicemember shall not be 
     deemed to be income for services performed or from sources 
     within a tax jurisdiction of the United States if the spouse 
     is not a resident or domiciliary of the jurisdiction in which 
     the income is earned because the spouse is in the 
     jurisdiction solely to be with the servicemember serving in 
     compliance with military orders.''; and
       (4) in subsection (d), as redesignated by paragraph (2)--
       (A) in paragraph (1), by inserting ``or the spouse of a 
     servicemember'' after ``The personal property of a 
     servicemember''; and
       (B) in paragraph (2), by inserting ``or the spouse's'' 
     after ``servicemember's''.
       (b) Application.--Subsections (a)(2) and (c) of section 511 
     of such Act (50 U.S.C. App. 571), as added by subsection (a) 
     of this section, and the amendments made to such section 511 
     by subsection (a)(4) of this section, shall apply with 
     respect to any return of State or local income tax filed for 
     any taxable year beginning with the taxable year that 
     includes the date of the enactment of this Act.

     SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR 
                   SPOUSES OF MILITARY PERSONNEL.

       (a) In General.--Section 508 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 568) is amended in subsection (b) 
     by inserting ``or the spouse of such servicemember'' after 
     ``a servicemember in military service''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply with respect to servicemembers in military 
     service (as defined in section 101 of such Act (50 U.S.C. 
     App. 511)) on or after the date of the enactment of this Act.
                                 ______
                                 
  SA 1555. Mr. NELSON of Nebraska (for himself and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 537. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN 
                   DEPARTMENT OF DEFENSE ELEMENTARY AND SECONDARY 
                   SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES OF 
                   DEPENDENTS.

       Section 2164 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(j) Tuition-Free Enrollment of Dependents of Foreign 
     Military Personnel Residing on Domestic Military 
     Installations and Dependents of Certain Deceased Members of 
     the Armed Forces.--(1) The Secretary may authorize the 
     enrollment in an education program provided by the Secretary 
     pursuant to subsection (a) of a dependent not otherwise 
     eligible for such enrollment who is the dependent of an 
     individual described in paragraph (2). Enrollment of such a 
     dependent shall be on a tuition-free basis.
       ``(2) An individual referred to in paragraph (1) is any of 
     the following:
       ``(A) A member of a foreign armed force residing on a 
     military installation in the United States (including 
     territories, commonwealths, and possessions of the United 
     States).
       ``(B) A deceased member of the armed forces who died in the 
     line of duty in a combat-related operation, as designated by 
     the Secretary.''.
                                 ______
                                 
  SA 1556. Mr. FEINGOLD 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 IX, add the following:

     SEC. 933. INCLUSION IN BUDGET MATERIALS OF AMOUNTS FOR FORCES 
                   ASSIGNED THE MISSION OF MANAGING THE 
                   CONSEQUENCES OF INCIDENTS IN THE UNITED STATES 
                   INVOLVING A CHEMICAL, BIOLOGICAL, RADIOLOGICAL, 
                   OR NUCLEAR DEVICE, OR HIGH-YIELD EXPLOSIVES.

       (a) In General.--The Secretary of Defense shall submit to 
     Congress, in the budget justification materials submitted to 
     Congress in support of the Department of Defense budget for a 
     fiscal year (as submitted with the budget of the President 
     under section 1105(a) of title 31, United States Code), a 
     consolidated budget justification display, in classified and 
     unclassified form, that covers all programs and activities 
     related to operations of the forces assigned the mission of 
     managing the consequences of an incident in the United States 
     involving a chemical, biological, radiological, or nuclear 
     device, or high-yield explosives.
       (b) Requirements for Budget Display.--The consolidated 
     budget justification display required by subsection (a) for a 
     fiscal year shall include the following:
       (1) A statement of what percentage of the requirements 
     originally requested for programs and activities related to 
     operations of the forces referred to in subsection (a) in the 
     budget review process that the budget requests funds for.
       (2) A summary of actual or estimated expenditures for such 
     programs and activities for the fiscal year during which the 
     budget is submitted and for the fiscal year preceding that 
     year.
       (3) The amount in the budget for such programs and 
     activities.
       (4) A detailed explanation of the shortfalls, if any, in 
     the funding of any requirement referred to in paragraph (1), 
     when compared to the amount referred to in paragraph (3).
       (5) The budget estimate for such programs and activities 
     for the five fiscal years after

[[Page 17815]]

     the fiscal year for which the budget is submitted.
                                 ______
                                 
  SA 1557. Mrs. LINCOLN (for herself, Mr. Tester, and Mr. Wyden) 
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 VI, add the following:

     SEC. 635. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF 
                   THE RESERVE COMPONENTS FOR LONG DISTANCE AND 
                   CERTAIN OTHER TRAVEL TO INACTIVE DUTY TRAINING.

       (a) Allowances Required.--
       (1) In general.--Chapter 7 of title 37, United States Code, 
     as amended by section 633, is further amended by inserting 
     after section 411k the following new section:

     ``Sec. 411l. Travel and transportation allowances: long 
       distance and certain other travel to inactive duty training 
       performed by members of the reserve components of the armed 
       forces

       ``(a) Allowance Required.--The Secretary concerned shall 
     reimburse a member of a reserve component of the armed forces 
     for expenses, including mileage traveled and lodging and 
     subsistence, incurred in connection with the following:
       ``(1) Round-trip travel in excess of 100 miles to an 
     inactive duty training location, regardless of the method of 
     transportation.
       ``(2) Round-trip travel of any distance to an inactive duty 
     training location, if such travel requires a commercial 
     method of transportation other than ground transportation.
       ``(b) Rates of Reimbursement.--
       ``(1) Mileage.--In determining the amount of allowances or 
     reimbursement to be paid for mileage traveled under 
     subsection (a)(1), the Secretary concerned shall use the 
     mileage reimbursement rate for the use of privately owned 
     vehicles by Government employees on official business (when a 
     Government vehicle is available), as prescribed by the 
     Administrator of General Services under section 5707(b) of 
     title 5.
       ``(2) Commercial fare for travel by common carrier.--The 
     amount of reimbursement to be paid under subsection (a)(2) 
     for travel covered by that subsection shall be the reasonable 
     commercial fare expense for such travel by common carrier.
       ``(3) Lodging and subsistence.--In determining the amount 
     of allowances or reimbursement to be paid for lodging and 
     subsistence under this section, the Secretary concerned shall 
     use the per diem rate as prescribed by the Administrator of 
     General Services under section 5707 of title 5.
       ``(4) Authority to reimburse at higher rates.--Subject to 
     the availability of appropriations and the approval of the 
     Secretary of Defense, the Secretary concerned may modify the 
     amount of allowances or reimbursement to be paid under this 
     section using reimbursement rates in excess of those 
     prescribed under paragraphs (1), (2), and (3).
       ``(c) Regulations.--The Secretary concerned shall prescribe 
     regulations to carry out this section. Regulations prescribed 
     by the Secretary of a military department shall be subject to 
     the approval of the Secretary of Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of such title, as amended by section 
     633, is further amended by inserting after the item relating 
     to section 411k the following new item:

``411l. Travel and transportation allowances: long distance and certain 
              other travel to inactive duty training performed by 
              members of the reserve components of the armed forces.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to travel expenses incurred after 
     the expiration of the 90-day period that begins on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1558. Mr. NELSON of Florida (for himself, Mr. Byrd, and Ms. Snowe) 
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. GRANT OF FEDERAL CHARTER TO MILITARY OFFICERS 
                   ASSOCIATION OF AMERICA.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended by inserting after chapter 
     1403 the following new chapter:

        ``CHAPTER 1404--MILITARY OFFICERS ASSOCIATION OF AMERICA

``Sec.
``140401. Organization.
``140402. Purposes.
``140403. Membership.
``140404. Governing body.
``140405. Powers.
``140406. Restrictions.
``140407. Tax-exempt status required as condition of charter.
``140408. Records and inspection.
``140409. Service of process.
``140410. Liability for acts of officers and agents.
``140411. Annual report.
``140412. Definition.

     ``Sec. 140401. Organization

       ``(a) Federal Charter.--Military Officers Association of 
     America (in this chapter, the `corporation'), a nonprofit 
     organization that meets the requirements for a veterans 
     service organization under section 501(c)(19) of the Internal 
     Revenue Code of 1986 and is organized under the laws of the 
     Commonwealth of Virginia, is a federally chartered 
     corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) shall expire.

     ``Sec. 140402. Purposes

       ``(a) General.--The purposes of the corporation are as 
     provided in its bylaws and articles of incorporation and 
     include--
       ``(1) to inculcate and stimulate love of the United States 
     and the flag;
       ``(2) to defend the honor, integrity, and supremacy of the 
     Constitution of the United States and the United States 
     Government;
       ``(3) to advocate military forces adequate to the defense 
     of the United States;
       ``(4) to foster the integrity and prestige of the Armed 
     Forces;
       ``(5) to foster fraternal relations between all branches of 
     the various Armed Forces from which members are drawn;
       ``(6) to further the education of children of members of 
     the Armed Forces;
       ``(7) to aid members of the Armed forces and their family 
     members and survivors in every proper and legitimate manner;
       ``(8) to present and support legislative proposals that 
     provide for the fair and equitable treatment of members of 
     the Armed Forces, including the National Guard and Reserves, 
     military retirees, family members, survivors, and veterans; 
     and
       ``(9) to encourage recruitment and appointment in the Armed 
     Forces.

     ``Sec. 140403. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of members of the corporation, are as 
     provided in the bylaws of the corporation.

     ``Sec. 140404. Governing body

       ``(a) Board of Directors.--The composition of the board of 
     directors of the corporation, and the responsibilities of the 
     board, are as provided in the articles of incorporation and 
     bylaws of the corporation.
       ``(b) Officers.--The positions of officers of the 
     corporation, and the election of the officers, are as 
     provided in the articles of incorporation and bylaws.

     ``Sec. 140405. Powers

       ``The corporation has only those powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 140406. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Distribution of Income or Assets.--The income or 
     assets of the corporation may not inure to the benefit of, or 
     be distributed to, a director, officer, or member of the 
     corporation during the life of the charter granted by this 
     chapter. This subsection does not prevent the payment of 
     reasonable compensation to an officer or employee of the 
     corporation or reimbursement for actual necessary expenses in 
     amounts approved by the board of directors.
       ``(c) Loans.--The corporation may not make a loan to a 
     director, officer, employee, or member of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval or the 
     authority of the United States Government for any of its 
     activities.
       ``(e) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     Commonwealth of Virginia.

     ``Sec. 140407. Tax-exempt status required as condition of 
       charter

       ``If the corporation fails to maintain its status as an 
     organization exempt from taxation under the Internal Revenue 
     Code of 1986, the charter granted under this chapter shall 
     terminate.

     ``Sec. 140408. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of the members, board of 
     directors, and committees of the corporation having any of 
     the authority of the board of directors of the corporation; 
     and

[[Page 17816]]

       ``(3) at the principal office of the corporation, a record 
     of the names and addresses of the members of the corporation 
     entitled to vote on matters relating to the corporation.
       ``(b) Inspection.--A member entitled to vote on any matter 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose at any reasonable time.

     ``Sec. 140409. Service of process

       ``The corporation shall comply with the law on service of 
     process of each State in which it is incorporated and each 
     State in which it carries on activities.

     ``Sec. 140410. Liability for acts of officers and agents

       ``The corporation is liable for any act of any officer or 
     agent of the corporation acting within the scope of the 
     authority of the corporation.

     ``Sec. 140411. Annual report

       ``The corporation shall submit to Congress an annual report 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101(b) of 
     this title. The report may not be printed as a public 
     document.

     ``Sec. 140412. Definition

       ``In this chapter, the term `State' includes the District 
     of Columbia and the territories and possessions of the United 
     States.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by inserting after the item relating to chapter 1403 
     the following new item:

``1404. Military Officers Association of America..........140401''.....

                                 ______
                                 
  SA 1559. Mr. INHOFE (for himself, Mr. Roberts, Mr. Wicker, Mr. 
Bunning, Mr. Crapo, Mr. Cornyn, Mr. DeMint, Mr. Coburn, Mr. McConnell, 
Mr. Risch, Mr. Gregg, Mr. Barrasso, Mr. Bond, Mrs. Hutchison, Mr. 
Vitter, Mr. Bennett, Mr. Chambliss, Mr. Hatch, Mr. Brownback, Mr. 
Thune, Mr. Kyl, Mr. Enzi, Mr. Sessions, Mr. Burr, 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:

       At the end of subtitle F of title X of division A, insert 
     the following:

     SEC. 1059. PROHIBITION ON TRANSFER OF GUANTANAMO DETAINEES.

       No department or agency of the United States may--
       (1) transfer any detainee of the United States housed at 
     Naval Station, Guantanamo Bay, Cuba, to any facility in the 
     United States or its territories;
       (2) construct, improve, modify, or otherwise enhance any 
     facility in the United States or its territories for the 
     purpose of housing any detainee described in paragraph (1); 
     or
       (3) permanently or temporarily house or otherwise 
     incarcerate any detainee described in paragraph (1) in the 
     United States or its territories.
                                 ______
                                 
  SA 1560. Mr. BINGAMAN (for himself and 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 508, between lines 15 and 16, insert the following:

     SEC. 2005. TECHNICAL CORRECTIONS REGARDING CERTAIN MILITARY 
                   CONSTRUCTION PROJECTS, NEW MEXICO.

       Notwithstanding the table in section 4501, the amounts 
     available for the following projects at the following 
     installations shall be as follows:

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                                                                                                      Senate
                 State                        Installation                Project Title             Authorized
                                                                                                      Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................  Holloman Air Force Base.  Fire-Crash Rescue Station....               $0
----------------------------------------------------------------------------------------------------------------


                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                                                                                                      Senate
                 State                        Installation                Project Title             Authorized
                                                                                                      Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................  Cannon Air Force Base...  SOF AC 130 Loadout Apron            $6,000,000
                                                                   Phase 1.....................
----------------------------------------------------------------------------------------------------------------

       On page 523, in the table preceding line 1, in the item 
     relating to Holloman Air Force Base, New Mexico, strike 
     ``$15,900,000'' in the amount column and insert 
     ``$5,500,000''.
       On page 525, line 2, strike ``$1,746,821,000'' and insert 
     ``$1,736,421,000''.
       On page 525, line 5, strike ``$822,515,000'' and insert 
     ``$812,115,000''.
       On page 529, in the table preceding line 1 entitled 
     ``Special Operations Command'', in the item relating to 
     Cannon Air Force Base, New Mexico, strike ``$52,864,000'' in 
     the amount column and insert ``$58,864,000''.
       On page 531, line 16, strike ``$3,284,025,000'' and insert 
     ``$3,290,025,000''.
       On page 531, line 19, strike ``$963,373,000'' and insert 
     ``$969,373,000''.
                                 ______
                                 
  SA 1561. Mr. BINGAMAN (for himself and Mr. Alexander, Mr. Brown, Mr. 
Kennedy, Mr. Udall of Colorado, Mr. Voinovich, Ms. Murkowski, Mr. Udall 
of New Mexico, Ms. Cantwell, Mr. Reid, and Mr. Bond) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction; and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 3136. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY 
                   EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       (a) In General.--Section 3686 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-15) is amended--
       (1) in subsection (c), by inserting ``and subtitle B'' 
     after ``this subtitle'' each place it appears;
       (2) in subsection (d), by inserting ``and subtitle B'' 
     after ``this subtitle'';
       (3) in subsection (e), by inserting ``and subtitle B'' 
     after ``this subtitle'' each place it appears;
       (4) by redesignating subsection (g) as subsection (h); and
       (5) by inserting after subsection (f) the following new 
     subsection:
       ``(g) National Institute for Occupational Safety and Health 
     Ombudsman.--In carrying out the duties of the Ombudsman under 
     this section, the Ombudsman shall work with the individual 
     employed by the National Institute for Occupational Safety 
     and Health to serve as an ombudsman to individuals making 
     claims under subtitle B.''.
       (b) Construction.--Except as specifically provided in 
     subsection (g) of section 3686 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000, as 
     amended by subsection (a) of this section, nothing in the 
     amendments made by such subsection (a) shall be construed to 
     alter or affect the duties and functions of the individual 
     employed by the National Institute for Occupational Safety 
     and Health to serve as an ombudsman to individuals making 
     claims under subtitle B of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et 
     seq.).
                                 ______
                                 
  SA 1562. Mr. MENENDEZ (for himself and Mr. Corker) 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

[[Page 17817]]

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 475, between lines 2 and 3, insert the following:

     SEC. 1211. RESTRICTIONS ON COALITION SUPPORT FUND 
                   REIMBURSEMENTS.

       (a) Limitation on Uses of Coalition Support Fund 
     Reimbursements.--Coalition Support Fund reimbursements 
     provided to the Government of Pakistan may only be provided 
     for the following purposes:
       (1) Military operations of the Government of Pakistan to 
     destroy the terrorist threat and close the terrorist safe 
     haven, known or suspected, in the Federally Administered 
     Tribal Areas, the North West Frontier Province, and other 
     regions of Pakistan.
       (2) Military operations of the Government of Pakistan to 
     protect United States and allied logistic operations in 
     support of Operation Enduring Freedom or Operation Iraqi 
     Freedom.
       (b) Consultation With the Secretary of State.--The 
     Secretary of Defense shall consult with the Secretary of 
     State before providing any Coalition Support Fund 
     reimbursements to the Government of Pakistan.
       (c) Certification Requirement.--Section 1232(b) of the 
     National Defense Authorization Act for Fiscal Year 2008 
     (Public Law 110-181; 122 Stat. 392), as amended by section 
     1217 of the Duncan Hunter National Defense Authorization Act 
     for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4634), is 
     amended--
       (1) in paragraph (1)(A), by striking ``the Secretary of 
     Defense shall submit'' and inserting ``the Secretary of 
     Defense, after consultation with the Secretary of State, 
     shall submit''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting 
     each clause, as so redesignated, 6 ems from the left margin;
       (B) by striking ``shall include an itemized description'' 
     and inserting the following: ``shall include the following:
       ``(A) An itemized description''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) A certification that the reimbursement--
       ``(i) is consistent with the national security interests of 
     the United States; and
       ``(ii) will not adversely impact the balance of power in 
     the region.''.
                                 ______
                                 
  SA 1563. Mr. UDALL of New Mexico (for himself and Mr. Bingaman) 
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 V, add the following:

     SEC. 573. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE OF 
                   RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 
                   214).

       Section 596 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is 
     amended--
       (1) by inserting ``(a) Election to Forward Certificate to 
     VA Offices.--'' before ``The Secretary of Defense''; and
       (2) by adding at the end the following new subsection:
       ``(b) Inclusion of Email Address.--The Secretary of Defense 
     shall further modify the DD Form 214 in order to permit a 
     member of the Armed Forces to include an email address on the 
     form.''.
                                 ______
                                 
  SA 1564. Mr. TESTER 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 VI, add the following:

     SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED 
                   MEMBERS OF THE UNIFORMED SERVICES TO ATTEND 
                   MEMORIAL CEREMONIES.

       (a) Allowances Authorized.--Subsection (a) of section 411f 
     of title 37, United States Code, is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) The Secretary concerned may provide round trip travel 
     and transportation allowances to eligible relatives of a 
     member of the uniformed services who dies while on active 
     duty in order that the eligible relatives may attend a 
     memorial service for the deceased member that occurs at a 
     location other than the location of the burial ceremony for 
     which travel and transportation allowances are provided under 
     paragraph (1). Travel and transportation allowances may be 
     provided under this paragraph for travel of eligible 
     relatives to only one memorial service for the deceased 
     member concerned.''.
       (b) Conforming Amendments.--Subsection (c) of such section 
     is amended--
       (1) by striking ``subsection (a)(1)'' the first place it 
     appears and inserting ``paragraphs (1) and (2) of subsection 
     (a)''; and
       (2) by striking ``subsection (a)(1)'' the second place it 
     appears and inserting ``paragraph (1) or (2) of subsection 
     (a)''.
                                 ______
                                 
  SA 1565. Mr. LAUTENBERG (for himself, Mr. Rockefeller, Mrs. 
Hutchison, Mr. Thune, and Mr. Wicker) submitted an amendment intended 
to be proposed by him to the bill S. 1390, to authorize appropriations 
for fiscal year 2010 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                  TITLE     --MARITIME ADMINISTRATION

     SEC. --01. SHORT TITLE.

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

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

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

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

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

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

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

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

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

     ``51317. Adjunct professors

       ``(a) In General.--The Maritime Administrator may, subject 
     to the availability of appropriations, contract with 
     individuals as personal services contractors to provide 
     services as adjunct professors at the United States Merchant 
     Marine Academy, if the Maritime Administrator determines that 
     there is a need for adjunct professors and the need is not of 
     permanent duration.
       ``(b) Contract Requirements.--Each contract under this 
     section--
       ``(1) shall be approved by the Maritime Administrator; and
       ``(2) shall be for a duration, including options, of not to 
     exceed one year unless the Maritime Administration finds that 
     exceptional circumstances justify an extension, which may not 
     exceed one additional year.

[[Page 17818]]

       ``(c) Limitation on Number of Contractors.--In awarding 
     contracts under this section, the Maritime Administrator 
     shall ensure that not more than 25 individuals actively 
     provide services in any one academic trimester, or 
     equivalent, as contractors under subsection (a).
       ``(d) Existing Contracts.--Any contract entered into before 
     the date of enactment of the Maritime Administration 
     Authorization Act of 2010 for the services of an adjunct 
     professor at the Academy shall remain in effect for the 
     trimester (or trimesters) for which the services were 
     contracted.''.
       (b) Conforming Amendments.--
       (1) The table of contents for chapter 513 of title 46, 
     United States Code, is amended by adding at the end thereof 
     the following:

``51317. Adjunct professors.''.
       (2) Section 3506 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (46 U.S.C. 53101 note) 
     is repealed.

     SEC. --06. USE OF MIDSHIPMAN FEES.

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

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

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

     SEC. --08. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

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

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

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

     SEC. --10. STUDENT INCENTIVE PAYMENT AGREEMENTS.

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

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

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

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

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

     ``55602. Short sea transportation grant program

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

[[Page 17819]]

       ``(e) Use of Grant Funds.--Funds made available to a 
     recipient of a grant under this section shall be used by the 
     recipient for the project described in the application of the 
     recipient approved by the Secretary.''.
       (b) Clerical Amendment.--The table of contents for chapter 
     556 of title 46, United States Code, is amended--
       (1) by redesignating the items relating to sections 55602 
     through 55605 as relating to section 55603 through 55606; and
       (2) by inserting after the item relating to section 55601 
     the following:

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

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

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

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

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Transportation, for the use of the Maritime 
     Administration, for fiscal year 2010 the following amounts:
       (1) For expenses necessary for operations and training 
     activities, $152,900,000, of which--
       (A) $74,448,000 shall remain available until expended for 
     expenses at the United States Merchant Marine Academy, of 
     which $15,391,000 shall be available for the capital 
     improvement program; and
       (B) $11,240,000 which shall remain available until expended 
     for maintenance and repair of school ships at the State 
     Maritime Academies.
       (2) For expenses to maintain and preserve a United States-
     flag merchant fleet to serve the national security needs of 
     the United States under chapter 531 of title 46, United 
     States Code, $174,000,000.
       (3) For paying reimbursement under section 3517 of the 
     Maritime Security Act of 2003 (46 U.S.C. 53101 note), 
     $19,500,000.
       (4) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, including provision of 
     assistance under section 7 of Public Law 92-402, $15,000,000.
       (5) For the cost (as defined in section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan 
     guarantees under the program authorized by chapter 537 of 
     title 46, United States Code, $30,000,000.
       (6) For administrative expenses related to the 
     implementation of the loan guarantee program under chapter 
     537 of title 46, United States Code, administrative expenses 
     related to implementation of the reimbursement program under 
     section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 
     53101 note), and administrative expenses related to the 
     implementation of the small shipyards and maritime 
     communities assistance program under section 54101 of title 
     46, United States Code, $6,000,000.
       (b) Availability.--Amounts appropriated pursuant to 
     subsection (a) shall remain available, as provided in 
     appropriations Acts, until expended.
                                 ______
                                 
  SA 1566. Mr. INOUYE 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 CONVEYANCES OF CERTAIN PARCELS IN THE CAMP 
                   CATLIN AND OHANA NUI AREAS, PEARL HARBOR, 
                   HAWAII.

       (a) Requirement.--In the event the Secretary of the Navy 
     (``the Secretary'') determines that certain parcels of real 
     property under the jurisdiction of the Secretary and located 
     at the Camp Catlin and Ohana Nui areas, Hawaii (``the 
     property''), are excess to the needs of the Department of the 
     Navy, the Secretary may offer to any person or entity leasing 
     or licensing such property or any portion thereof as of the 
     date of the enactment of this Act (``the lessee'') the right 
     to purchase all right, title, and interest of the United 
     States in and to the portion of the property respectively 
     leased or licensed by such person or entity in exchange for 
     payment of not less than the fair market value of such 
     property or any portion thereof, before the property or 
     portion thereof is made available for transfer pursuant to 
     the Hawaiian Home Lands Recovery Act (title II of Public Law 
     104-42; 109 Stat. 357), for use by any other Federal agency, 
     or for disposal under applicable laws.
       (b) Exercise of Right To Purchase Property.--
       (1) Acceptance of offer.--For a period of 180 days 
     beginning on the date the Secretary makes a written offer to 
     sell the property or any portion thereof under subsection 
     (a), the lessee shall have the exclusive right to accept such 
     offer by providing written notice of acceptance to the 
     Secretary within the specified 180-day time period. If the 
     Secretary's offer is not so accepted within the 180-day 
     period, the offer shall expire and the property may be 
     disposed of in accordance with laws, regulations, and 
     procedures otherwise applicable to administration and 
     disposal of excess military property.
       (2) Conveyance deadline.--If a lessee accepts the offer to 
     purchase the property or a portion thereof in accordance with 
     paragraph (1), the conveyance shall take place not later than 
     2 years after the date of the lessee's written acceptance, 
     provided that the conveyance date may be extended for a 
     reasonable period of time by mutual agreement of the parties, 
     evidenced by a written instrument executed by the parties 
     prior to the end of the 2-year period. If the lessee's lease 
     or license term expires before the conveyance is completed, 
     the Secretary may extend the lease or license term up to the 
     date of conveyance, provided that the lessee shall be 
     required to pay for such extended term at the rate in effect 
     at the time it was declared excess property.
       (c) Consideration and Other Terms.--A conveyance to a 
     lessee under this section shall be at fair market value of 
     the property or portion thereof to be conveyed, as determined 
     by the Secretary, and shall be subject to such other terms, 
     conditions, and limitations as the Secretary may deem 
     appropriate to protect the interests of the United States. 
     The proceeds of any such conveyance shall

[[Page 17820]]

     be deposited in the special account referred to in section 
     572(b)(5) of title 40, United States Code, and shall be 
     available for the uses and under the conditions provided for 
     funds deposited into that account.
       (d) Inapplicability of Certain Property Management and 
     Disposal Laws.--Fee conveyances to lessees under this section 
     shall not be subject to the following provisions of law:
       (1) Section 2696 of title 10, United States Code.
       (2) Section 501 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11411).
       (3) Section 572 of title 40, United States Code.
                                 ______
                                 
  SA 1567. 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 B of title V, add the following:

     SEC. 512. MODIFICATION OF CERTAIN RETIREMENT PAY AND GRADE 
                   AUTHORITIES FOR SERVICES PERFORMED AFTER 
                   ELIGIBILITY FOR RETIREMENT.

       (a) Election to Receive Retired Pay for Non-Regular Service 
     Upon Retirement for Service in an Active Reserve Status 
     Performed After Attaining Eligibility for Regular 
     Retirement.--
       (1) Election authority; requirements.--Subsection (a) of 
     section 12741 of title 10, United States Code, is amended to 
     read as follows:
       ``(a) Authority To Elect To Receive Reserve Retired Pay.--
     (1) A person may elect to receive retired pay under this 
     chapter, instead of receiving retired or retainer pay under 
     chapter 65, 367, 571, or 867 of this title, if--
       ``(A) the person satisfies the requirements specified in 
     paragraphs (1) and (2) of section 12731(a) of this title for 
     entitlement to retired pay under this chapter;
       ``(B) the person served in an active status in the Selected 
     Reserve of the Ready Reserve after becoming eligible for 
     retirement under chapter 65, 367, 571, or 867 of this title 
     (without regard to whether the person actually retired or 
     received retired or retainer pay under one of those 
     chapters);
       ``(C) the person completed not less than two years of 
     service in such active status (excluding any period of active 
     service); and
       ``(D) the service of the person in such active status is 
     determined by the Secretary concerned to have been 
     satisfactory.
       ``(2) The Secretary concerned may reduce the two-year 
     service requirement specified in paragraph (1)(C) in the case 
     of a person who--
       ``(A) completed at least six months of service in a 
     position of adjutant general required under section 314 of 
     title 32 or in a position of assistant adjutant general 
     subordinate to such a position of adjutant general; and
       ``(B) failed to complete the minimum two years of service 
     solely because the appointment of the person to such position 
     was terminated or vacated as described in section 324(b) of 
     title 32.''.
       (2) Actions to effectuate election.--Subsection (b) of such 
     section is amended by striking paragraph (1) and inserting 
     the following new paragraph:
       ``(1) terminate the eligibility of the person to retire 
     under chapter 65, 367, 571, or 867 of this title, if the 
     person is not already retired under one of those chapters, 
     and terminate entitlement of the person to retired or 
     retainer pay under one of those chapters, if the person was 
     already receiving retired or retainer pay under one of those 
     chapters; and''.
       (3) Conforming amendment to reflect new variable age 
     requirement for retirement.--Subsection (d) of such section 
     is amended--
       (A) in paragraph (1), by striking ``attains 60 years of 
     age'' and inserting ``attains the eligibility age applicable 
     to the person under section 12731(f) of this title''; and
       (B) in paragraph (2)(A), by striking ``attains 60 years of 
     age'' and inserting ``attains the eligibility age applicable 
     to the person under such section''.
       (4) Repeal of restriction on election to receive reserve 
     retired pay.--Section 12731(a) of such title is amended--
       (A) by inserting ``and'' at the end of paragraph (2);
       (B) by striking ``; and'' at the end of paragraph (3) and 
     inserting a period; and
       (C) by striking paragraph (4).
       (5) Clerical amendments.--
       (A) Section heading.--The heading for section 12741 of such 
     title is amended to read as follows:

     ``Sec. 12741. Retirement for service in an active status 
       performed in the Selected Reserve of the Ready Reserve 
       after eligibility for regular retirement''.

       (B) Table of sections.--The table of sections at the 
     beginning of chapter 1223 of such title is amended by 
     striking the item relating to section 12741 and inserting the 
     following new item:

``12741. Retirement for service in an active status performed in the 
              Selected Reserve of the Ready Reserve after eligibility 
              for regular retirement.''.
       (6) Retroactive applicability.--The amendments made by this 
     subsection shall take effect as of January 1, 2008.
       (b) Recomputation of Retired Pay and Adjustment of Retired 
     Grade of Reserve Retirees to Reflect Service After 
     Retirement.--
       (1) Recomputation.--Section 10145 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(e)(1) If a member of the Retired Reserve is recalled to 
     an active status under subsection (d) in the Selected Reserve 
     of the Ready Reserve and completes not less than two years of 
     service in such active status, the member is entitled to--
       ``(A) the recomputation of the retired pay of the member 
     determined under section 12739 of this title; and
       ``(B) in the case of a commissioned officer, an adjustment 
     in the retired grade of the member in the manner provided in 
     section 1370 of this title.
       ``(2) The Secretary concerned may reduce the two-year 
     service requirement specified in paragraph (1) in the case of 
     a member who--
       ``(A) is recalled to serve in a position of adjutant 
     general required under section 314 of title 32 or in a 
     position of assistant adjutant general subordinate to such a 
     position of adjutant general;
       ``(B) completes at least six months of service in such 
     position; and
       ``(C) fails to complete the minimum two years of service 
     solely because the appointment of the member to such position 
     is terminated or vacated as described in section 324(b) of 
     title 32.''.
       (2) Retroactive applicability.--The amendment made by this 
     subsection shall take effect as of January 1, 2008.
                                 ______
                                 
  SA 1568. Mr. BINGAMAN (for himself and 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 508, between lines 15 and 16, insert the following:

     SEC. 2005. TECHNICAL CORRECTIONS REGARDING MILITARY 
                   CONSTRUCTION PROJECT, CANNON AIR FORCE BASE, 
                   NEW MEXICO.

       Notwithstanding the table in section 4501, the amounts 
     available for the following projects at the following 
     installations or locations shall be as follows:

                                           Special Operations Command
----------------------------------------------------------------------------------------------------------------
                                                                                                      Senate
                 State                        Installation                Project Title             Authorized
                                                                                                      Amount
----------------------------------------------------------------------------------------------------------------
New Mexico............................  Cannon Air Force Base...  SOF AC 130 Loadout Apron            $6,000,000
                                                                   Phase 1.....................
----------------------------------------------------------------------------------------------------------------


               Energy Conservation Projects, Defense-wide
------------------------------------------------------------------------
                                                              Senate
            Location                  Project Title         Authorized
                                                              Amount
------------------------------------------------------------------------
Unspecified Worldwide..........  Energy Conservation        $117,013,000
                                  Improvement Program..
------------------------------------------------------------------------


[[Page 17821]]

       On page 529, in the table preceding line 1 entitled 
     ``Special Operations Command'', in the item relating to 
     Cannon Air Force Base, New Mexico, strike ``$52,864,000'' in 
     the amount column and insert ``$58,864,000''.
       On page 531, line 8, strike ``$123,013,000'' and insert 
     ``$117,013,000''.
       On page 531, line 19, strike ``$963,373,000'' and insert 
     ``$969,373,000''.
       On page 532, line 11, strike ``$123,013,000'' and insert 
     ``$117,013,000''.
                                 ______
                                 
  SA 1569. 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:

       On page 92, between lines 18 and 19, insert the following:

     SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT 
                   TRAINING RANGES.

       Section 366(a)(5) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     10 U.S.C. 113 note) is amended--
       (1) by striking ``(5) At the same time'' and inserting 
     ``(5)(A) At the same time''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Beginning with the report submitted to Congress at 
     the same time as the President submits the budget for fiscal 
     year 2011, the report required under this subsection shall 
     include the following:
       ``(i) An assessment of the extent to which vegetation and 
     overgrowth limits the use of military lands available for 
     training of the Armed Forces in the United States and 
     overseas.
       ``(ii) Identification of the particular installations and 
     training areas at which vegetation and overgrowth negatively 
     impact the use of training space.
       ``(iii)(I) As part of the first such report submitted, a 
     plan to address training constraints caused by vegetation and 
     overgrowth.
       ``(II) As part of each subsequent report, any necessary 
     updates to such plan.''.
                                 ______
                                 
  SA 1570. Mr. FRANKEN 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 V, add the following:

     SEC. 573. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE 
                   FROM ACTIVE DUTY (DD FORM 214).

       The Secretary of Defense shall modify the Certificate of 
     Release or Discharge from Active Duty (DD Form 214) to 
     include a current electronic mail address (if any) and a 
     current telephone number as information requested of a member 
     of the Armed Forces by the form. Such information shall be 
     provided only with the consent of the member of the Armed 
     Forces.
                                 ______
                                 
  SA 1571. Mr. JOHANNS (for himself, Mr. Bunning, Mr. Crapo, Mr. 
Inhofe, Mr. Martinez, Mr. Bond, Mr. Coburn, Mr. Bennett, Mr. Kyl, and 
Mr. Roberts) submitted an amendment intended to be proposed by him to 
the bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1232. SENSE OF THE SENATE ON THE IMPLEMENTATION OF THE 
                   UNITED STATES-COLOMBIA TRADE PROMOTION 
                   AGREEMENT.

       It is the sense of the Senate that--
       (1) the successes achieved by the President of Colombia, 
     Alvaro Uribe, in rebuilding the Government of Colombia, 
     strengthening the institutions of Colombia, and solidifying 
     the rule of law in Colombia are historic;
       (2) President Uribe, the Government of Colombia, and the 
     security forces of Colombia should be congratulated for 
     significant successes in fighting the Revolutionary Armed 
     Forces of Colombia (FARC);
       (3) the close ties between the United States and Colombia 
     in the fight against illicit narcotics, terrorism, and 
     transnational crime should be recognized;
       (4) the United States-Colombia Trade Promotion Agreement is 
     enormously advantageous for workers, businesses, and farmers 
     in the United States, who would be able to export goods to 
     Colombia duty-free;
       (5) it is in the security, economic, and diplomatic 
     interests of the United States to deepen the relationship 
     between the United States and Colombia; and
       (6) the United States should implement the United States-
     Colombia Trade Promotion Agreement immediately.
                                 ______
                                 
  SA 1572. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 652. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY 
                   PURPOSES OF SERVICE AS MEMBER OF ALASKA 
                   TERRITORIAL GUARD DURING WORLD WAR II.

       (a) In General.--Service as a member of the Alaska 
     Territorial Guard during World War II of any individual who 
     was honorably discharged therefrom under section 8147 of the 
     Department of Defense Appropriations Act, 2001 (Public Law 
     106-259; 114 Stat. 705) shall be treated as active service 
     for purposes of the computation under chapter 61, 71, 371, 
     571, 871, or 1223 of title 10, United States Code, as 
     applicable, of the retired pay to which such individual may 
     be entitled under title 10, United States Code.
       (b) Applicability.--Subsection (a) shall apply with respect 
     to amounts of retired pay payable under title 10, United 
     States Code, for months beginning on or after the date of the 
     enactment of this Act. No retired pay shall be paid to any 
     individual by reason of subsection (a) for any period before 
     that date.
       (c) World War II Defined.--In this section, the term 
     ``World War II'' has the meaning given that term in section 
     101(8) of title 38, United States Code.
                                 ______
                                 
  SA 1573. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Chilkoot Indian Association (in this section 
     referred to as the ``Association'') all right, title, and 
     interest of the United States in and to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 201 acres located at the former Haines Fuel 
     Terminal (also known as the Haines Tank Farm) in Haines, 
     Alaska, for the purpose of permitting the Association to 
     develop a Deep Sea Port and for other industrial and 
     commercial development purposes. To the extent practicable, 
     the Secretary is encouraged to complete the conveyance by 
     September 30, 2013, but not prior to the date of completion 
     of all obligations referenced in subsection (e).
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the Association shall pay to the 
     Secretary an amount equal to the fair market value of the 
     property, as determined by the Secretary. The determination 
     of the Secretary shall be final. At the election of the 
     Secretary, the Secretary may accept in-kind consideration in 
     lieu of all or a portion of the cash payment.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto such real property. A determination by the Secretary 
     under this subsection shall be made on the record after an 
     opportunity for a hearing.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     Association to cover costs to be incurred by the Secretary, 
     or to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the Association in 
     advance of the Secretary incurring the actual costs, and the 
     amount collected exceeds the costs actually incurred by the 
     Secretary to carry out the

[[Page 17822]]

     conveyance, the Secretary shall refund the excess amount to 
     the Association.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Savings Provision.--The Haines Tank Farm is currently 
     under a remedial investigation (RI) for petroleum, oil and 
     lubricants contamination. Nothing in this section shall be 
     construed to affect or limit the application of, or any 
     obligation to comply with, any environmental law, including 
     the National Environmental Policy Act (42 U.S.C. 4321 et 
     seq.), the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary.
       (g) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1574. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 201, between lines 6 and 7, insert the following:

     SEC. 635. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF 
                   MEMBERS ON CHANGE OF PERMANENT STATION TO OR 
                   FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL 
                   UNITED STATES.

       (a) Authority to Transport Additional Motor Vehicle.--
     Subsection (a) of section 2634 of title 10, United States 
     Code, is amended--
       (1) by striking the sentence following paragraph (4);
       (2) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (3) by inserting ``(1)'' after ``(a)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) One additional motor vehicle of a member (or a 
     dependent of the member) may be transported as provided in 
     paragraph (1) if--
       ``(A) the member is ordered to make a change of permanent 
     station to or from a nonforeign area outside the continental 
     United States and the member has at least one dependent of 
     driving age who will use the motor vehicle; or
       ``(B) the Secretary concerned determines that a replacement 
     for the motor vehicle transported under paragraph (1) is 
     necessary for reasons beyond the control of the member and is 
     in the interest of the United States and the Secretary 
     approves the transportation in advance.''.
       (b) Technical and Conforming Amendments.--Such subsection 
     is further amended--
       (1) by striking ``his dependents'' and inserting ``a 
     dependent of the member'';
       (2) by striking ``him'' and inserting ``the member'';
       (3) by striking ``his)'' and inserting ``the member)'';
       (4) by striking ``his new'' and inserting ``the member's 
     new''; and
       (5) in paragraph (1)(C), as redesignated by subsection 
     (a)--
       (A) by striking ``clauses (1) and (2)'' and inserting 
     ``subparagraphs (A) and (B)''; and
       (B) by inserting ``or'' after the semicolon.
       (c) Effective Date.--Paragraph (2)(A) of subsection (a) of 
     section 2634 of title 10, United States Code, as added by 
     subsection (a)(4), shall apply with respect to orders issued 
     on or after the date of the enactment of this Act for members 
     of the Armed Forces to make a change of permanent station to 
     or from nonforeign areas outside the continental United 
     States.
       (d) Offsets.--
       (1) Defense transformation agency r&d activities.--The 
     amount authorized to be appropriated by section 201(a)(4) for 
     research, development, test, and evaluation for Defense-wide 
     activities is hereby decreased by $15,000,000, with the 
     amount of the decrease to be derived from amounts available 
     for Business Transformation Agency R&D Activities (PE# 
     0605020BTA) and allocated to the Defense Travel System.
       (2) Energy conservation improvement program.--
       (A) Total amount for military construction, defense-wide.--
     The total amount authorized to be appropriated by section 
     2404(a) for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) is hereby 
     decreased by $23,000,000.
       (B) Energy conservation projects.--
       (i) Reduced authority.--The amount authorized for energy 
     conservation projects under section 2403 is hereby decreased 
     by $23,000,000.
       (ii) Reduced authorization of appropriations.--The amount 
     authorized to be appropriated by section 2404(a)(6) for 
     energy conservation projects is hereby decreased by 
     $23,000,000, with the amount of such decrease to be derived 
     from amounts available for the Energy Conservation 
     Improvement Program.

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