[Congressional Record (Bound Edition), Volume 155 (2009), Part 14]
[Senate]
[Pages 18455-18467]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 1647. 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 213, between lines 14 and 15, insert the following:

     SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENEFITS AND 
                   COSTS FOR MEMBERS OF THE ARMED FORCES AND THEIR 
                   FAMILIES.

       (a) Findings.--The Senate makes the following findings:
       (1) Career members of the Armed Forces and their families 
     endure unique and extraordinary demands, and make 
     extraordinary sacrifices, over the course of 20-year to 30-
     year careers in protecting freedom for all Americans.
       (2) The nature and extent of these demands and sacrifices 
     are never so evident as in wartime, not only during the 
     current combat operations, but also during the wars of the 
     last 60 years when current retired members of the Armed 
     Forces were on continuous call to go in harm's way when and 
     as needed.
       (3) A primary benefit of enduring the extraordinary 
     sacrifices inherent in a military career is a range of 
     retirement benefits, including lifetime health benefits, that 
     a grateful Nation provides for those who choose to 
     subordinate their personal life to the national interest for 
     so many years.
       (4) Currently serving and retired members of the uniformed 
     services and their families and survivors deserve benefits 
     equal to their commitment and service to our Nation.
       (5) Many employers are curtailing health benefits and 
     shifting costs to their employees, which may result in 
     retired members of the Armed Forces returning to the 
     Department of Defense, and its TRICARE program, for health 
     care benefits during retirement, and contribute to health 
     care cost growth.
       (6) Defense health costs also expand as a result of 
     service-unique military readiness requirements, wartime 
     requirements, and other necessary requirements that represent 
     the ``cost of business'' for the Department of Defense.
       (7) While the Department of Defense has made some efforts 
     to contain increases in the cost of the TRICARE program, too 
     many of those efforts have been devoted to shifting a larger 
     share of the costs of benefits under that program to retired 
     members of the Armed Forces who have earned health care 
     benefits in return for a career of military service.
       (8) In some cases health care providers refuse to accept 
     TRICARE patients because that program pays less than other 
     public and private payors and imposes unique administrative 
     requirements.
       (9) The Department of Defense records deposits to the 
     Department of Defense Military Retiree Health Care Fund as 
     discretionary costs to the Department in spite of legislation 
     enacted in 2006 that requires such deposits to be made 
     directly from the Treasury of the United States.
       (10) As a result, annual payments for the future costs of 
     servicemember health care continue to compete with other 
     readiness needs of the Armed Forces.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Department of Defense and the Nation have an 
     obligation to provide health care benefits to retired members 
     of the Armed Forces that equals the quality of their selfless 
     service to our country;
       (2) past proposals by the Department of Defense to impose 
     substantial fee increases on military beneficiaries have 
     failed to acknowledge properly the findings addressed in 
     subsection (a); and
       (3) the Department of Defense has many additional options 
     to constrain the growth of health care spending in ways that 
     do not disadvantage retired members of the Armed Forces who 
     participate or seek to participate in the TRICARE program, 
     and should pursue any and all such options rather than 
     seeking large increases for enrollment fees, deductibles, and 
     copayments for such retirees, and their families or 
     survivors, who do participate in that program.
                                 ______
                                 
  SA 1648. Mrs. BOXER (for herself and Mrs. Feinstein) 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 appropriate place, insert the following:

     SEC. __. PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL.

       (a) In General.--Section 203 of the Port Chicago National 
     Memorial Act of 1992 (16 U.S.C. 431 note; Public Law 102-562; 
     106 Stat. 4235) is amended--
       (1) by redesignating subsection (c) as subsection (f);
       (2) by inserting after subsection (b) the following:
       ``(c) Administration.--
       ``(1) In general.--The Secretary of the Interior shall 
     administer the Port Chicago Naval Magazine National Memorial 
     as a unit of the National Park System in accordance with--
       ``(A) this Act; and
       ``(B) the laws generally applicable to units of the 
     National Park System, including--
       ``(i) the National Park Service Organic Act (16 U.S.C. 1 et 
     seq.); and
       ``(ii) the Act of August 21, 1935 (16 U.S.C. 461 et seq.).
       ``(2) Administered land.--The land described in subsection 
     (d)(2) shall be administered in accordance with this 
     subsection.

[[Page 18456]]

       ``(d) Transfer of Land.--
       ``(1) In general.--The Secretary of Defense shall enter 
     into a memorandum of understanding with the Secretary of the 
     Interior providing for the transfer, without reimbursement, 
     of administrative jurisdiction to the Secretary of the 
     Interior of the land described in paragraph (2), if the 
     Secretary of Defense determines that the land is in excess of 
     military needs.
       ``(2) Description of land.--The land referred to in 
     paragraph (1) is the parcel of approximately 5 acres of land, 
     as depicted on the map entitled `Port Chicago Naval Magazine 
     National Memorial, Proposed Boundary', numbered 018/80,001, 
     and dated August 2005.
       ``(e) Agreement With City of Concord and East Bay Regional 
     Park District.--The Secretary of the Interior may enter into 
     an agreement with the City of Concord, California, and the 
     East Bay Regional Park District to establish and operate a 
     facility for visitor orientation and parking, administrative 
     offices, and curatorial storage for the Port Chicago Naval 
     Magazine National Memorial.''; and
       (3) in subsection (f), (as redesignated by paragraph (1)), 
     by striking ``Secretary of the Navy to provide public access 
     to the Memorial'' and inserting ``Secretary of Defense to 
     provide the maximum practicable public access to the Memorial 
     without interfering with military needs''.
       (b) Sense of Congress on Remediation and Repair of Port 
     Chicago Naval Magazine National Memorial.--
       (1) Remediation.--It is the sense of Congress that, to 
     facilitate the transfer of administrative jurisdiction 
     described in subsection (d) of section 203 of the Port 
     Chicago National Memorial Act of 1992 (16 U.S.C. 431 note; 
     Public Law 102-562; 106 Stat. 4235)(as added by subsection 
     (a)), the Secretary of Defense should promptly remediate any 
     remaining environmental contamination relating to the land.
       (2) Repair.--It is the sense of Congress that, in order to 
     preserve the Port Chicago Naval Magazine National Memorial 
     for future generations, the Secretary of Defense and the 
     Secretary of the Interior should work together to--
       (A) repair storm damage to the Port Chicago Naval Magazine 
     National Memorial; and
       (B) develop a process by which future repairs and necessary 
     modifications to the Memorial can be achieved in as timely 
     and cost-effective a manner as possible.
       (c) Effect.--Nothing in this section or the amendments made 
     by this section affects or limits the application of, or 
     obligation to comply with, any environmental law, including 
     section 120(h) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
                                 ______
                                 
  SA 1649. Ms. COLLINS (for herself and Mr. Coburn) 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:

       Strike section 832 and insert the following:

     SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE.

       Section 2473 of title 10, United States Code, is amended--
       (1) by striking subsection (c) and inserting the following 
     new subsection (c):
       ``(c) Small arms Production Industrial Base.--In this 
     section, the term `small arms production industrial base' 
     means the persons and organizations that are engaged in the 
     production or maintenance of small arms within the United 
     States.''; and
       (2) in subsection (d), by adding at the end the following 
     new paragraph:
       ``(6) Pistols.''.
                                 ______
                                 
  SA 1650. Mr. LIEBERMAN (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:

       On page 394, between lines 8 and 9, insert the following:

     SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN UNPRIVILEGED 
                   BELLIGERENTS FOR VIOLATIONS OF THE LAW OF WAR.

       (a) In General.--Subchapter I of chapter 47A of title 10, 
     United States Code, as amended by section 1031(a), is further 
     amended by adding at the end the following new section:

     ``Sec. 948e. Trial by military commission of alien 
       unprivileged belligerents for violations of the law of war

       ``(a) Sense of Congress.--It is the sense of Congress that 
     the preferred forum for the trial of alien unprivileged enemy 
     belligerents subject to this chapter for violations of the 
     law of war and other offenses made punishable by this chapter 
     is trial by military commission under this chapter.
       ``(b) Reporting Requirement.--For any alien unprivileged 
     enemy belligerent subject to this chapter whom the United 
     States Government decides to try in Federal district court 
     rather than by military commission under this chapter, the 
     Secretary of Defense and the Attorney General shall report to 
     Congress, not later than 30 days after such decision is made, 
     on--
       ``(1) the criteria used to decide to try such individual in 
     Federal district court rather than by military commission;
       ``(2) an estimate of the total costs to the United States 
     Government, including costs borne by the judicial branch, 
     attributable to trying such individual in Federal district 
     court; and
       ``(3) any other information that the Secretary of Defense 
     and the Attorney General consider appropriate.''.
       (b) Clerical Amendment.--The table of sections of the 
     beginning of such subchapter, as amended by section 1031(a), 
     is further amended by adding after the item relating to 
     section 948d the following new item:

       ``948e. Trial by military commission of alien unprivileged 
           belligerents for violations of the law of war.''.
                                 ______
                                 
  SA 1651. Mr. FEINGOLD (for himself, Ms. Murkowski, Mrs. Lincoln, and 
Mr. Burris) submitted an amendment intended to be proposed by him to 
the bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 652. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT 
                   MEMBERS DURING PHYSICAL EVALUATION BOARD 
                   PROCESS.

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

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

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

[[Page 18457]]



     SEC. 654. ASSISTANCE WITH TRANSITIONAL BENEFITS.

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

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

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

       ``1218a. Discharge or release from active duty: transition 
           assistance.''.
                                 ______
                                 
  SA 1652. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON INTERNATIONAL MILITARY EDUCATION AND 
                   TRAINING PROGRAM.

       (a) Findings.--Congress makes the following findings:
       (1) Building foreign partner capacity is a fundamental 
     cornerstone of the security strategy of the United States.
       (2) Significant progress has been made in this area over 
     the past several years, but the United States Government must 
     continue to increase its efforts, including improving 
     reliability of funding and late notifications of school 
     availability for the International Military Education and 
     Training (IMET) program.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the effectiveness and efficiency 
     of the IMET program.
       (2) Content.--The report required under paragraph (1) shall 
     include the following information broken out by year over the 
     past 10 years:
       (A) Number of courses in the IMET program available, 
     accomplished, and cancelled and an explanation therefor.
       (B) Number of students authorized and actual attendance for 
     each course and an explanation for the difference.
       (C) The total budget and actual budget executed for each 
     course in the IMET program and an explanation for the 
     difference.
       (D) The process for selecting students for the IMET 
     program, including a timeline.
       (E) The process for distributing funding for each school, 
     including a timeline.
       (F) Lessons learned to ensure student attendance and course 
     execution is maximized.
                                 ______
                                 
  SA 1653. Mr. CORNYN (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1222. REPORT ON TAIWAN'S AIR FORCE.

       (a) Findings.--Congress makes the following findings:
       (1) According to the Department of Defense's (DoD) 2009 
     Annual Report on Military Power of the People's Republic of 
     China, the military balance in the Taiwan Strait has been 
     shifting in China's favor since 2000, marked by the sustained 
     deployment of advanced military equipment to the Chinese 
     military regions opposite Taiwan.
       (2) Although the DoD's 2002 Report concluded that Taiwan 
     ``has enjoyed dominance of the airspace over the Taiwan 
     Strait for many years,'' the DoD's 2009 Report states this 
     conclusion no longer holds true.
       (3) China has based 490 combat aircraft (330 fighters and 
     160 bombers) within unrefueled operational range of Taiwan, 
     and has the airfield capacity to expand that number by 
     hundreds. In contrast, Taiwan has 390 combat aircraft (all of 
     which are fighters).
       (4) Also according to the DoD's 2009 Report, China has 
     continued its build-up of conventional ballistic missiles 
     since 2000, ``building a nascent capacity for conventional 
     short-range ballistic missile (SRBM) strikes against Taiwan 
     into what has become one of China's primary instruments of 
     coercion.'' At this time, China has expanded its SRBM force 
     opposite Taiwan to seven brigades with a total of 1,050 
     through 1,150 missiles, and is augmenting these forces with 
     conventional medium-range ballistic missiles systems and at 
     least 2 land attack cruise missile variants capable of ground 
     or air launch. Advanced fighters and bombers, combined with 
     enhanced training for nighttime and overwater flights, 
     provide China's People's Liberation Army (PLA) with 
     additional capabilities for regional strike or maritime 
     interdiction operations.
       (5) Furthermore, the Report maintains, ``the security 
     situation in the Taiwan Strait is largely a function of 
     dynamic interactions among Mainland China, Taiwan, and the 
     United States. The PLA has developed and deployed military 
     capability to coerce Taiwan or attempt an invasion if 
     necessary. PLA improvements pose new challenges to Taiwan's 
     security, which has historically been based upon the PLA's 
     inability to project power across the 100 nautical-mile 
     Taiwan Strait, natural geographic advantages of island 
     defense, Taiwan's armed forces' technological superiority, 
     and the possibility of U.S. intervention''.
       (6) The Taiwan Relations Act of 1979 requires that, in 
     furtherance of the principle of maintaining peace and 
     stability in the Western Pacific region, the United States 
     shall make available to Taiwan such defense articles and 
     defense services in such quantity ``as may be necessary to 
     enable Taiwan to maintain a sufficient self-defense 
     capability,'' allowing that ``the President and the Congress 
     shall determine the nature and quantity of such defense 
     articles and services based solely upon their judgment of the 
     needs of Taiwan . . .''.
       (b) Report to Congress on Taiwan's Current Air Force and 
     Future Self-Defense Requirements.--Not later than 90 days 
     after the date of the enactment of this Act, the President 
     shall submit to Congress a report, in both classified and 
     unclassified form, containing the following:
       (1) A thorough and complete assessment of the current state 
     of Taiwan's Air Force, including--
       (A) the number and type of aircraft;
       (B) the age of aircraft; and
       (C) the capability of those aircraft.
       (2) An assessment of the effectiveness of the aircraft in 
     the face of a full-scale concerted missile and air campaign 
     by China, in which China uses its most modern surface-to-air 
     missiles currently deployed along its seacoast.
       (3) An analysis of the specific weapons systems and 
     platforms that Taiwan would need to provide for it's self-
     defense and maintain control of its own air space.
       (4) Options for the United States to assist Taiwan in 
     achieving those capabilities.
       (5) A 5-year plan for fulfilling the obligations of the 
     United States under the Taiwan Relations Act to provide for 
     Taiwan's self-defense and aid Taiwan in maintaining control 
     of its own air space.
                                 ______
                                 
  SA 1654. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. POSTHUMOUS BENEFITS FOR SURVIVING SPOUSE.

       (a) Short Title.--This section may be cited as the 
     ``Military Widow and Surviving Spouse Protection Act''.
       (b) Amendment.--Section 1703(a)(1) of title XVII of the 
     National Defense Authorization Act for Fiscal Year 2004 ( 
     Public Law 108-136) is amended by inserting ``or the citizen 
     died while serving honorably in an active duty status in the 
     military, air, or naval forces of the United States and such 
     death occurred through no fault of the citizen,'' after 
     ``aggravated by combat,''.
                                 ______
                                 
  SA 1655. Mr. CORNYN (for himself, Mr. Inhofe, and Mr. Kyl) submitted 
an amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

[[Page 18458]]



     SEC. 1232. SENSE OF THE SENATE REGARDING COMMITMENT TO GLOBAL 
                   WAR ON TERROR.

       (a) Findings.--The Senate makes the following findings:
       (1) The surge strategy executed in Iraq by General David H. 
     Petraeus and General Raymond T. Odierno in 2007 and 2008 was 
     highly successful in reducing levels of violence and enabling 
     the Iraqi government and security forces to gain credibility 
     and capability.
       (2) President Obama articulated his general strategy for 
     Iraq during a speech at Camp Lejeune, North Carolina, on 
     February 27, 2009, stating that a central goal is to ensure 
     that Iraq ``is sovereign, stable, and self-reliant''. During 
     the speech, the President outlined the President's objective 
     to ``transition to full Iraqi responsibility'' through the 
     ``responsible removal of our combat brigades from Iraq''.
       (3) As part of the President's Iraq strategy, the President 
     also indicated the President's commitment to ensuring that 
     ``we preserve the gains we've made and protect our troops''. 
     Consequently, the United States and our allies have a 
     continued interest in maintaining these hard-fought security 
     gains, especially during the upcoming Iraqi provincial 
     elections, while simultaneously protecting the United States 
     military and civilian members still in Iraq.
       (4) A key component of the President's plan for Iraq is to 
     retain a transitional force there to carry out several 
     distinct functions, including training, equipping, and 
     advising the Iraqi Security Forces, conducting targeted 
     counterterrorism missions, and protecting our civilian and 
     military forces within Iraq. In accordance with this policy, 
     United States forces have largely withdrawn from Iraqi 
     cities, but the President expects that the transitional 
     force, to number between 35,000 and 50,000 United States 
     military servicemembers, will remain in Iraq for the 
     foreseeable future.
       (5) President Obama articulated his emerging plan for 
     Afghanistan in a speech on March 27, 2009, stating that the 
     United States goal there is to ``disrupt, dismantle, and 
     defeat al Qaeda in Pakistan and Afghanistan, and to prevent 
     their return to either country in the future''. To this end, 
     the current surge strategy in Afghanistan, spearheaded by 
     General Petraeus and General Stanley A. McChrystal, the new 
     commander of the NATO International Security Assistance 
     Force, is critical to providing security for the Afghan 
     populace, bolstering the Afghan security forces, and waging a 
     successful campaign against Islamic extremists of al Qaeda, 
     the Taliban, and affiliated groups.
       (6) President Obama's laudable goals of disrupting 
     terrorist networks in Afghanistan and Pakistan and developing 
     increasingly self-reliant Afghan security forces necessitated 
     the surge of 17,000 additional United States troops to 
     increase the overall size of the NATO-led International 
     Security Assistance Force. These more robust forces, focusing 
     in the south and east portions of the country, will have an 
     enhanced ability to protect the Afghan population against a 
     resurgence of al Qaeda, the Taliban, and their allies, as 
     well as to provide greater ability for the Afghan government 
     to establish effective government control.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the global war on terror represents a critical effort 
     to protect the American people and ensure that future 
     generations may continue to enjoy the precious freedoms we 
     have today;
       (2) the United States must remain committed to succeeding 
     in the global war on terror and fighting the forces of 
     Islamic extremism in Iraq and Afghanistan, including al 
     Qaeda, the Taliban, and other groups, that are intent on the 
     murder of innocent Americans, the destruction of the American 
     way of life, and the global proliferation of radical and 
     violent ideology;
       (3) our military servicemembers and civilian United States 
     personnel serving in harm's way in Iraq, Afghanistan, and 
     other fronts in the global war on terror must be given any 
     and all resources they need to accomplish the missions that 
     have been asked of them, including the deployment of 
     additional forces, should United States commanders on the 
     ground deem that necessary;
       (4) in Iraq, the hard-earned security gains won by our 
     servicemembers must be preserved, and the long-term United 
     States strategy there must continue to reflect that essential 
     goal;
       (5) the President's plan for Iraq is fundamentally sound 
     and represents a responsible and carefully considered 
     strategy that will help Iraq maintain sovereignty, stability, 
     and self-reliance, achievements that were made possible 
     largely through the extraordinary efforts and tremendous 
     sacrifices of United States servicemembers and civilian 
     personnel in Iraq;
       (6) the President's plan for Afghanistan is clearly 
     intended to improve the overall security situation there and 
     enable the eventual drawdown and withdrawal of United States 
     forces, and the President's near-term strategy to surge 
     forces and provide improved security to the Afghan people by 
     locating United States military personnel among the 
     population, in conjunction with the growing Afghan National 
     Army and Afghan National Police, which the United States 
     supports and trains, will increase the security of the Afghan 
     population; and
       (7) although gains in the global war on terror will not 
     come without a cost, the American people and the Iraqi and 
     Afghan people share a common enemy and a common goal to do 
     whatever is necessary to defeat terrorists and those who 
     support them, no matter the cost or duration.
                                 ______
                                 
  SA 1656. 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 VI, add the following:

     SEC. 652. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS OF 
                   THE AIR FORCE IN NUCLEAR CAREER FIELDS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force shall submit to the congressional defense committees a 
     report on the efforts of the Air Force to attract and retain 
     qualified individuals for service as members of the Air Force 
     involved in the operation, maintenance, handling, and 
     security of nuclear weapons.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of current reenlistment rates, set forth 
     by Air Force Specialty Code, of members of the Air Force 
     serving in positions involving the operation, maintenance, 
     handling, and security of nuclear weapons.
       (2) A description of the current personnel fill rate for 
     Air Force units involved in the operation, maintenance, 
     handling, and security of nuclear weapons.
       (3) An description of the steps the Air Force has taken, 
     including the use of retention bonuses or assignment 
     incentive pay, to improve recruiting and retention of 
     officers and enlisted personnel by the Air Force for the 
     positions described in paragraph (1).
       (4) An assessment of the feasibility, advisability, 
     utility, and cost effectiveness of establishing additional 
     bonuses or incentive pay as a way to enhance the recruitment 
     and retention by the Air Force of skilled personnel in the 
     positions described in paragraph (1).
       (5) An assessment of whether assignment incentive pay 
     should be provided for members of the Air Force covered by 
     the Personnel Reliability Program.
       (6) An assessment of the long-term community management 
     plan for recruitment and retention by the Air Force of 
     skilled personnel in the positions described in paragraph 
     (1).
       (7) Such other matters as the Secretary considers 
     appropriate.
                                 ______
                                 
  SA 1657. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for the defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS.

       (a) Definitions.--In this section--
       (1) the term ``foreign national'' means an individual who 
     is not a citizen or national of the United States; and
       (2) the term ``prisoner of war''--
       (A) has the same meaning that term has under the law of 
     war; and
       (B) includes a privileged belligerent and an unprivileged 
     enemy belligerent, as those terms are defined in section 948a 
     of title 10, United States Code, as amended by section 1031 
     of this Act.
       (b) No Miranda Warnings.--Absent an unappealable court 
     order requiring the reading of such statements, no agency or 
     department of the United States shall read to a foreign 
     national who is captured or detained as a prisoner of war by 
     the United States the statement required by Miranda v. 
     Arizona, 384 U.S. 436 (1966), or otherwise inform such a 
     prisoner of any rights that the prisoner may or may not have 
     under the Constitution of the United States or under any 
     Federal statute, regulation, or treaty. No Federal statute, 
     regulation, or treaty shall be construed to require that a 
     foreign national who is captured or detained as a prisoner of 
     war by the United States be informed of any rights that the 
     prisoner may or may not have. No statement that is made by a 
     foreign national who is captured or detained as a prisoner of 
     war by the United States may be excluded from any proceeding 
     on the basis that the prisoner was not informed of a right 
     that the prisoner may or may not have.
                                 ______
                                 
  SA 1658. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for

[[Page 18459]]

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. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE 
                   FOR DEPLOYED MEMBERS OF THE RESERVE COMPONENTS 
                   OF THE ARMED FORCES.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committees on Armed 
     Services of the Senate and the House of Representative a 
     report on financial assistance for child care provided by the 
     Department of Defense, including through the Operation: 
     Military Child Care and Military Child Care in Your 
     Neighborhood programs, to members of the reserve components 
     of the Armed Forces who are deployed in connection with a 
     contingency operation.
       (b) Elements.--The report required by subsection (a) shall 
     include an assessment of the following:
       (1) The types of financial assistance for child care made 
     available by the Department of Defense to members of the 
     reserve components of the Armed Forces who are deployed in 
     connection with a contingency operation.
       (2) The extent to which such members have taken advantage 
     of such assistance since such assistance was first made 
     available.
       (3) The formulas used for calculating the amount of such 
     assistance provided to such members.
       (4) The funding allocated to such assistance.
       (5) The remaining costs of child care to families of such 
     members that are not covered by the Department of Defense.
       (6) Any barriers to access to such assistance faced by such 
     members and the families of such members.
       (7) The different criteria used by different States with 
     respect to the regulation of child care services and the 
     potential impact differences in such criteria may have on the 
     access of such members to such assistance.
       (8) The different standards and criteria used by different 
     programs of the Department of Defense for providing such 
     assistance with respect to child care providers and the 
     potential impact differences in such standards and criteria 
     may have on the access of such members to such assistance.
       (9) Any other matters the Comptroller General determines 
     relevant to the improvement of financial assistance for child 
     care made available by the Department of Defense to members 
     of the reserve components of the Armed Forces who are 
     deployed in connection with a contingency operation.
                                 ______
                                 
  SA 1659. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 557. INCREASE IN FINANCIAL ASSISTANCE FOR CHILD CARE FOR 
                   CHILDREN OF DEPLOYED MEMBERS OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations to increase financial assistance 
     provided under Operation: Military Child Care to cover not 
     less than 75 percent of the costs of child care provided 
     pursuant to Operation: Military Child Care.
       (b) Operation: Military Child Care Defined.--In this 
     section, the term ``Operation: Military Child Care'' refers 
     to the program of the Department of Defense to provide 
     financial assistance for child care to members of the reserve 
     components of the Armed Forces who are deployed in connection 
     with a contingency operation.
                                 ______
                                 
  SA 1660. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Webb, and Mr. 
Warner) submitted an amendment intended to be proposed by him to the 
bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONSENT OF CONGRESS TO COMPACT AMENDMENTS.

       (a) Consent.--Consent of Congress is given to the 
     amendments of the State of Maryland, the amendments of the 
     Commonwealth of Virginia, and the amendments of the District 
     of Columbia to sections 5, 9 and 18 of title III of the 
     Washington Metropolitan Area Transit Regulation Compact.
       (b) Amendments.--The amendments referred to in subsection 
     (a) are substantially as follows:
       (1) Section 5 is amended to read as follows:
       ``(a) The Authority shall be governed by a Board of eight 
     Directors consisting of two Directors for each Signatory and 
     two for the federal government (one of whom shall be a 
     regular passenger and customer of the bus or rail service of 
     the Authority). For Virginia, the Directors shall be 
     appointed by the Northern Virginia Transportation Commission; 
     for the District of Columbia, by the Council of the District 
     of Columbia; for Maryland, by the Washington Suburban Transit 
     Commission; and for the Federal Government, by the 
     Administrator of General Services. For Virginia and Maryland, 
     the Directors shall be appointed from among the members of 
     the appointing body, except as otherwise provided herein, and 
     shall serve for a term coincident with their term on the 
     appointing body. A Director for a Signatory may be removed or 
     suspended from office only as provided by the law of the 
     Signatory from which he was appointed. The nonfederal 
     appointing authorities shall also appoint an alternate for 
     each Director. In addition, the Administrator of General 
     Services shall also appoint two nonvoting members who shall 
     serve as the alternates for the federal Directors. An 
     alternate Director may act only in the absence of the 
     Director for whom he has been appointed an alternate, except 
     that, in the case of the District of Columbia where only one 
     Director and his alternate are present, such alternate may 
     act on behalf of the absent Director. Each alternate, 
     including the federal nonvoting Directors, shall serve at the 
     pleasure of the appointing authority. In the event of a 
     vacancy in the Office of Director or alternate, it shall be 
     filled in the same manner as an original appointment.
       ``(b) Before entering upon the duties of his office each 
     Director and alternate Director shall take and subscribe to 
     the following oath (or affirmation) of office or any such 
     other oath or affirmation, if any, as the constitution or 
     laws of the Government he represents shall provide: `I, , 
     hereby solemnly swear (or affirm) that I will support and 
     defend the Constitution of the United States and the 
     Constitution and laws of the state or political jurisdiction 
     from which I was appointed as a director (alternate director) 
     of the Board of Washington Metropolitan Area Transit 
     Authority and will faithfully discharge the duties of the 
     office upon which I am about to enter.'''.
       (2) Subsection (a) of section 9 is amended to read as 
     follows:
       ``(a) The officers of the Authority, none of whom shall be 
     members of the Board, shall consist of a general manager, a 
     secretary, a treasurer, a comptroller, an inspector general, 
     and a general counsel and such other officers as the Board 
     may provide. Except for the office of general manager, 
     inspector general, and comptroller, the Board may consolidate 
     any of such other offices in one person. All such officers 
     shall be appointed and may be removed by the Board, shall 
     serve at the pleasure of the Board and shall perform such 
     duties and functions as the Board shall specify. The Board 
     shall fix and determine the compensation to be paid to all 
     officers and, except for the general manager who shall be a 
     full-time employee, all other officers may be hired on a 
     full-time or part-time basis and may be compensated on a 
     salary or fee basis, as the Board may determine. All 
     employees and such officers as the Board may designate shall 
     be appointed and removed by the general manager under such 
     rules of procedure and standards as the Board may 
     determine.''.
       (3) Section 9 is further amended by inserting new 
     subsection (d) to read as follows (and by renumbering all 
     subsequent paragraphs of section 9):
       ``(d) The inspector general shall report to the Board and 
     head the Office of the Inspector General, an independent and 
     objective unit of the Authority that conducts and supervises 
     audits, program evaluations, and investigations relating to 
     Authority activities; promotes economy, efficiency, and 
     effectiveness in Authority activities; detects and prevents 
     fraud and abuse in Authority activities; and keeps the Board 
     fully and currently informed about deficiencies in Authority 
     activities as well as the necessity for and progress of 
     corrective action.''.
       (4) Section 18 is amended by adding a new section 18(d) to 
     read as follows:
       ``(d)(1) All payments made by the local Signatory 
     governments for the Authority for the purpose of matching 
     federal funds appropriated in any given year as authorized 
     under title VI, section 601, Public Law 110-432 regarding 
     funding of capital and preventative maintenance projects of 1 
     the Authority shall be made from amounts derived from 
     dedicated funding sources.
       ``(2) For the purposes of this paragraph (d), a `dedicated 
     funding source' means any source of funding that is earmarked 
     or required under State or local law to be used to match 
     Federal appropriations authorized under title VI, section 
     601, Public Law 110-432 for payments to the Authority.''.

[[Page 18460]]

       (c) Right to Alter, Amend, or Repeal.--The right to alter, 
     amend, or repeal this section is expressly reserved. The 
     consent granted by this section shall not be construed as 
     impairing or in any manner affecting any right or 
     jurisdiction of the United States in and over the region that 
     forms the subject of the compact.
       (d) Construction and Severability.--It is intended that the 
     provisions of this compact shall be reasonably and liberally 
     construed to effectuate the purposes thereof. If any part or 
     application of this compact, or legislation enabling the 
     compact, is held invalid, the remainder of the compact or its 
     application to other situations or persons shall not be 
     affected.
       (e) Inconsistency of Language.--The validity of this 
     compact shall not be affected by any insubstantial 
     differences in its form or language as adopted by the State 
     of Maryland, Commonwealth of Virginia and District of 
     Columbia.
       (f) Effective Date.--This section shall take effect on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 1661. Mr. KERRY (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for the 
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. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 2001, IN 
                   DETERMINATION OF REDUCED ELIGIBILITY AGE FOR 
                   RECEIPT OF NON-REGULAR SERVICE RETIRED PAY.

       Section 12731(f)(2)(A) of title 10, United States Code, is 
     amended--
       (1) by striking ``the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2008'' and 
     inserting ``September 11, 2001''; and
       (2) by striking ``in any fiscal year after such date'' and 
     inserting ``in any fiscal year after fiscal year 2001''.
                                 ______
                                 
  SA 1662. Mr. DURBIN (for himself and Mr. Nelson of Nebraska) 
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 the defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 617 and insert the following:

     SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED 
                   SERVICES WITH SERIOUS INJURIES OR ILLNESSES 
                   REQUIRING ASSISTANCE IN EVERYDAY LIVING.

       (a) In General.--Chapter 7 of title 37, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 439. Special compensation: members of the uniformed 
       services with serious injuries or illnesses requiring 
       assistance in everyday living

       ``(a) Monthly Compensation.--The Secretary concerned may 
     pay to any member of the uniformed services described in 
     subsection (b) monthly special compensation in an amount 
     determined under subsection (c).
       ``(b) Covered Members.--A member eligible for monthly 
     special compensation authorized by subsection (a) is a member 
     who--
       ``(1) has been certified by a licensed physician to be in 
     need of assistance from another person to perform the 
     personal functions required in everyday living;
       ``(2) has a serious injury, disorder, or disease of either 
     a temporary or permanent nature that--
       ``(A) is incurred or aggravated in the line of duty; and
       ``(B) compromises the member's ability to carry out one or 
     more activities of daily living or requires the member to be 
     constantly supervised to avoid physical harm to the member or 
     to others; and
       ``(3) meets such other criteria, if any, as the Secretary 
     of Defense (or the Secretary of Homeland Security, with 
     respect to the Coast Guard) prescribes for purposes of this 
     section.
       ``(c) Amount.--(1) The amount of monthly special 
     compensation payable to a member under subsection (a) shall 
     be determined under criteria prescribed by the Secretary of 
     Defense (or the Secretary of Homeland Security, with respect 
     to the Coast Guard), but may not exceed the amount of aid and 
     attendance allowance authorized by section 1114(r)(2) of 
     title 38 for veterans in need of aid and attendance.
       ``(2) In determining the amount of monthly special 
     compensation, the Secretary concerned shall consider the 
     following:
       ``(A) The extent to which home health care and related 
     services are being provided by the Government.
       ``(B) The extent to which aid and attendance services are 
     being provided by family and friends who may be compensated 
     with funds provided through the monthly special compensation.
       ``(d) Payment Until Medical Retirement.--Monthly special 
     compensation is payable under this section to a member 
     described in subsection (b) for any month that begins before 
     the date on which the member is medically retired.
       ``(e) Construction With Other Pay and Allowances.--Monthly 
     special compensation payable to a member under this section 
     is in addition to any other pay and allowances payable to the 
     member by law.
       ``(f) Benefit Information.--The Secretary of Defense, in 
     collaboration with the Secretary of Veterans Affairs, shall 
     ensure that members of the uniformed services who may be 
     eligible for compensation under this section are made aware 
     of the availability of such compensation by including 
     information about such compensation in written and online 
     materials for such members and their families.
       ``(g) Regulations.--The Secretary of Defense (or the 
     Secretary of Homeland Security, with respect to the Coast 
     Guard) shall prescribe regulations to carry out this 
     section.''.
       (b) Report to Congress.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense (and the 
     Secretary of Homeland Security, with respect to the Coast 
     Guard) shall submit to Congress a report on the provision of 
     compensation under section 439 of title 37, United States 
     Code, as added by subsection (a) of this section.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An estimate of the number of members of the uniformed 
     services eligible for compensation under such section 439.
       (B) The number of members of the uniformed services 
     receiving compensation under such section.
       (C) The average amount of compensation provided to members 
     of the uniformed services receiving such compensation.
       (D) The average amount of time required for a member of the 
     uniformed services to receive such compensation after the 
     member becomes eligible for the compensation.
       (E) A summary of the types of injuries, disorders, and 
     diseases of members of the uniformed services receiving such 
     compensation that made such members eligible for such 
     compensation.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by adding at 
     the end the following new item:

``439. Special compensation: members of the uniformed services with 
              serious injuries or illnesses requiring assistance in 
              everyday living.''.
                                 ______
                                 
  SA 1663. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for the 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 VI, add the following:

     SEC. 619. MONTHLY SPECIAL PAY FOR MEMBERS RETAINED IN THE 
                   ARMED FORCES UNDER STOP-LOSS AUTHORITIES FOR 
                   PRE-DEPLOYMENT AND RE-INTEGRATION DUTY.

       (a) Monthly Special Pay Required.--The Secretary concerned 
     shall pay to each member of the Armed Forces described in 
     subsection (b) monthly special pay in the amount specified in 
     subsection (c) for each month or portion of a month of pre-
     deployment and re-integration duty performed by such member 
     on or after September 11, 2001, while described by subsection 
     (b), regardless of whether or not such duty was performed by 
     such member on active duty in the Armed Forces.
       (b) Covered Members.--A member of the Armed Forces 
     described in this subsection is any member of the Armed 
     Forces whose enlistment or period of obligated service is 
     extended, or whose eligibility for retirement is suspended, 
     pursuant to section 123 or 12305 of title 10, United States 
     Code, or any other provision of law authorizing the President 
     to extend an enlistment or period of obligated service, or 
     suspend an eligibility for retirement, of a member of the 
     uniformed services in time of war or of national emergency 
     declared by Congress or the President (commonly referred to 
     as a ``stop-loss authority'').
       (c) Amount.--The amount of monthly special pay payable 
     under subsection (a) for a month or portion of a month is 
     $500.
       (d) Construction With Other Monthly Special Pay.--Monthly 
     special pay may not be paid under both this section and 
     section

[[Page 18461]]

     8116 of the Department of Defense Appropriations Act, 2009 
     (division C of Public Law 110-329; 122 Stat. 3646) for any 
     month or portion of a month.
                                 ______
                                 
  SA 1664. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for the defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 214, between lines 20 and 21, insert the following:
       (3) Assessments of members discharged or released upon 
     return from deployment.--In the case of a member of the Armed 
     Forces who is discharged or released from the Armed Forces 
     upon the member's return from deployment, the Secretary of 
     Defense shall make available the opportunity for such member 
     to participate in the mental health assessments required 
     under subparagraph (C) of paragraph (1) together with the 
     unit with which the member was previously deployed, without 
     regard to the terms of such discharge or release.
                                 ______
                                 
  SA 1665. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for the defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. __. FUNDING FOR MENTAL HEALTH CARE FOR MEMBERS OF THE 
                   NATIONAL GUARD.

       (a) Availability of Defense Health Program Funds.--Subject 
     to the provisions of appropriations Acts, amounts available 
     for Defense Health Program shall be available for programs 
     described in subsection (b) for members of the National Guard 
     not on active duty in the Armed Forces who incurred a 
     psychological or mental illness or injury on active duty in 
     the Armed Forces as demonstrated by existing medical records 
     or, in the absence of such records, by the opinion of a 
     licensed medical provider in the State where the member 
     resides.
       (b) Covered Programs.--The programs described in this 
     subsection are programs as follows:
       (1) Programs to assist members of the National Guard 
     described in subsection (a) in case management in the receipt 
     of non-clinical care for an illness or injury described in 
     that subsection.
       (2) Programs to advise members of the National Guard 
     described in subsection (a) on the receipt of care and 
     treatment for an illness or injury described in that 
     subsection under the TRICARE program.
       (3) Programs of psychological health treatment for members 
     of the National Guard described in subsection (a) for an 
     illness or injury described in that subsection.
       (4) Programs supporting the efforts of the military 
     departments to update and maintain military health electronic 
     records systems.
       (5) Such other treatment programs as may assist a member of 
     the National Guard described in subsection (a) for an illness 
     or injury described in that subsection, as determined by the 
     State Surgeon General of the National Guard of the State in 
     which the member reside, the Director of Psychological Health 
     of the State in which the member resides, the mental health 
     or equivalent agency of the State in which the member 
     resides, or the Director of the Psychological Health Program 
     of the National Guard Bureau.
       (c) Budgeting.--The Assistant Secretary of Defense for 
     Health Affairs shall coordinate with the National Guard 
     Bureau and other personnel and logistical elements of the 
     National Guard in determining the budget requirements of the 
     National Guard for the programs described in subsection (b).
                                 ______
                                 
  SA 1666. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for the 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 218, after line 21, add the following:
       (h) Post-Deployment Health Assessments of Guard and Reserve 
     Members.--
       (1) In general.--The Secretary concerned shall administer a 
     Post-Deployment Health Assessment (PDHA) to each member of a 
     reserve component of the armed forces returning to the 
     member's home station or county of residence from deployment 
     in connection with a contingency operation within the 
     following timeframes:
       (A) In the case of a member of the Individual Ready 
     Reserve, the assessment shall be administered by not later 
     than the member's release from active duty following such 
     deployment or 10 days after the member's return to such 
     station or county, whichever occurs earlier.
       (B) In the case of any other member of a reserve component 
     of the armed forces returning from deployment, by not later 
     than the member's release from active duty following such 
     deployment.
       (2) Performance by trained practitioners.--
       (A) In general.--The Post-Deployment Health Assessment 
     required under this subsection shall be performed by a 
     practitioner trained and certified as qualified to 
     participate in the performance of Post-Deployment Health 
     Assessments or Post-Deployment Health Reassessments.
       (B) Report on availability of trained personnel.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the availability of personnel 
     described under subparagraph (A) to perform assessments 
     pursuant to this subsection at the home stations or counties 
     of residence of members of the reserve components of the 
     Armed Forces. If such personnel are not available at such 
     locations, the Secretary shall indicate the additional 
     resources necessary to ensure such availability within one 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 1667. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for the defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 214, line 12, insert ``18 months,'' after ``12 
     months,''.
                                 ______
                                 
  SA 1668. Mr. GREGG 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 the 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. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND 
                   EQUIPMENT TO ARMED FORCES OF LEBANON AND 
                   JORDAN.

       Notwithstanding any other provision of law, the Secretary 
     of Defense, in consultation with the congressional defense 
     committees, may transfer defense articles and equipment used 
     by the United States Armed Forces in Iraq as of the date of 
     the enactment of this Act to the armed forces of the 
     Governments of Lebanon and Jordan in a manner that is 
     appropriate with the drawdown of forces in Iraq.
                                 ______
                                 
  SA 1669. Mrs. BOXER (for herself, Mr. Bond, Ms. Landrieu, Ms. 
Murkowski, Mrs. Lincoln, Mrs. Gillibrand, Mr. Wyden, Mr. Burris, and 
Mr. Schumer) 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 the 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.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(a)(4) for operation and maintenance for the Air 
     Force is hereby decreased by $25,000,000, with the amount of 
     the decrease to be derived from amounts available for line 
     item # 320 in the table in section 4301 for advertising.
                                 ______
                                 
  SA 1670. Mr. MENENDEZ submitted an amendment intended to be proposed

[[Page 18462]]

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 the 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 435, between lines 14 and 15, insert the following:

     SEC. 1083. PAYMENT BY SECRETARY OF VETERANS AFFAIRS OF PLOT 
                   ALLOWANCE FOR SPOUSES AND CHILDREN OF CERTAIN 
                   VETERANS WHO ARE BURIED IN STATE CEMETERIES.

       (a) Plot Allowance.--Section 2303 of title 38, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(c)(1) In the case of an individual described in 
     paragraph (2) who is buried in a cemetery that is owned by a 
     State or by an agency or political subdivision of a State, 
     the Secretary shall pay to such State, agency, or political 
     subdivision the sum of $300 as a plot or interment allowance 
     for such individual.
       ``(2) An individual described in this paragraph is a 
     spouse, surviving spouse (which for purposes of this chapter 
     includes a surviving spouse who had a subsequent remarriage), 
     minor child (which for purposes of this chapter includes a 
     child under 21 years of age, or under 23 years of age if 
     pursuing a course of instruction at an approved educational 
     institution), or, in the discretion of the Secretary, 
     unmarried adult child of any of person described in paragraph 
     (1), (2), (3), (4), or (7) of section 2402 of this title.''.
       (b) Effective Date.--Subsection (c) of section 2303 of 
     title 38, United States Code, as added by subsection (a), 
     shall apply with respect to an individual who dies on or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 1671. Mr. KYL (for himself, Mr. DeMint, Mr. Inhofe, and Mr. 
Vitter) submitted an amendment intended to be proposed by him to the 
bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for the 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 XII, add the following:

     SEC. 1232. SENSE OF THE SENATE ON NON-STRATEGIC NUCLEAR 
                   FORCES OF THE RUSSIAN FEDERATION.

       (a) Findings.--The Senate makes the following findings:
       (1) The Congressional Commission on the Strategic Posture 
     of the United States, chaired by former Secretaries of 
     Defense William Perry and James Schlesinger, recently 
     concluded that there is significant asymmetry between the 
     tactical nuclear weapons arsenals of the Russian Federation 
     and the United States.
       (2) The Commission also determined that ``[a]s part of its 
     strategy to assure its allies, the United States should not 
     abandon strategic equivalency with Russia. Overall 
     equivalence is important to many U.S. allies in Europe. The 
     United States should not cede to Russia a posture of 
     superiority in the name of deemphasizing nuclear weapons in 
     U.S. military strategy. There seems no near-term prospect of 
     such a result in the balance of operationally deployed 
     strategic nuclear weapons.''
       (3) The Commission continued, ``But that balance does not 
     exist in non-strategic nuclear forces, where Russia enjoys a 
     sizeable numerical advantage. As noted above, it stores 
     thousands of these weapons in apparent support of possible 
     military operations west of the Urals. The United States 
     deploys a small fraction of that number in support of nuclear 
     sharing agreements in NATO. Precise numbers for the U.S. 
     deployments are classified but their total is only about five 
     percent of the total at the height of the Cold War. Strict 
     U.S.-Russian equivalence in NSNF numbers is unnecessary. But 
     the current imbalance is stark and worrisome to some U.S. 
     allies in Central Europe. If and as reductions continue in 
     the number of operationally deployed strategic nuclear 
     weapons, this imbalance will become more apparent and allies 
     less assured.''
       (4) The Commission stated, ``Some U.S. allies located 
     closer to Russia, however, are fearful of Russia and its 
     tactical nuclear forces. The imbalance in non-strategic 
     nuclear weapons, which greatly favors Russia, is of rising 
     concern and an illustration of the new challenges of 
     strategic stability as reductions in strategic weapons 
     proceed.''
       (5) The Commission also stated, ``The combination of new 
     warhead designs, the estimated production capability for new 
     nuclear warheads, and precision delivery systems such as the 
     Iskander short-range tactical ballistic missile (known as the 
     SS-26 in the West), open up new possibilities for Russian 
     efforts to threaten to use nuclear weapons to influence 
     regional conflicts.''
       (b) Sense of the Senate.--The Senate strongly urges the 
     President--
       (1) to make it a priority in all United States arms control 
     negotiations with Russia to gain a verifiable accounting of 
     the tactical nuclear weapons of Russia, including the types, 
     current deployments, and security from theft of the same;
       (2) to ensure that reductions in the tactical nuclear 
     weapons of Russia are a top priority in any arms control 
     negotiation with the Russian Federation; and
       (3) to assure United States allies that they are protected 
     from any use or threatened use of tactical nuclear weapons 
     from Russia.
                                 ______
                                 
  SA 1672. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 68, between lines 12 and 13, insert the following:
       (6) A description of current and past sales, or contracts 
     for the sale, by the Russian Federation of technology, 
     materials, components, or services related to nuclear weapons 
     or nuclear energy, ballistic missile or space launch 
     capabilities, or advanced conventional weapons systems.
                                 ______
                                 
  SA 1673. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 424, between lines 7 and 8, insert the following:

     SEC. 1059. CERTIFICATION REQUIREMENT REGARDING THE 
                   REFURBISHMENT, REUSE, OR REPLACEMENT OF THE 
                   UNITED STATES NUCLEAR WEAPONS STOCKPILE.

       (a) In General.--The Secretary of Defense may not carry out 
     any program for the refurbishment, reuse, or replacement of 
     the United States nuclear weapons stockpile unless the 
     Director of the Sandia National Laboratory, the Director of 
     the Los Alamos National Laboratory, the Director of the 
     Lawrence Livermore National Laboratory, and JASON certify to 
     the congressional defense committees that the program--
       (1) may be carried out without the need for any testing;
       (2) will preserve the core intellectual and technical 
     competencies of the United States in nuclear weapons, 
     including weapons design, system integration, manufacturing, 
     security, use control, reliability assessment, and 
     certification; and
       (3) will provide for the long-term safety, security, 
     reliability, and credibility of the United States nuclear 
     deterrent and extended deterrent.
       (b) Definitions.--In this section:
       (1) The term ``refurbishment'' means a strategy of, or 
     similar to, the lifetime extension program, whereby 
     individual warhead components are replaced before they 
     degrade with components of nearly identical design or that 
     meet the same form, fit, and function.
       (2) The term ``reuse'' means a strategy of using surplus 
     pits or secondaries from other warhead types or, in certain 
     cases, a strategy involving the new manufacture of these 
     components.
       (3) The term ``replacement'' means a strategy that permits 
     replacing nuclear components with modern designs.
                                 ______
                                 
  SA 1674. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON STATUS OF UNITED STATES NUCLEAR WEAPONS 
                   COMPLEX.

       (a) Findings.--Congress makes the following findings:
       (1) The Commission on the Strategic Posture of the United 
     States found that ``the physical infrastructure'' of the 
     United States nuclear weapons complex ``is in serious need of 
     transformation.''
       (2) The Commission on the Strategic Posture of the United 
     States also found that ``the intellectual infrastructure is 
     also in serious trouble. A major cause is the recent (and 
     projected) decline in resources.''
       (3) The Commission on the Strategic Posture of the United 
     States stated, ``Once core capabilities are established, the 
     Congress

[[Page 18463]]

     should require that annual NNSA budget submissions include an 
     assessment of whether the budget as proposed will maintain 
     these capabilities. To monitor progress, the NNSA and the 
     White House Office of Management and Budget (OMB) should 
     establish a formal mechanism for tracking funding sources for 
     the weapons laboratories, without additional administrative 
     burden on the laboratories.''
       (4) The Commission on the Strategic Posture of the United 
     States recommended, ``The NNSA should conduct a study of the 
     core competencies needed in the weapons complex, and the 
     Congress and Office of Management and Budget should use these 
     as a tool for determining how to fund the NNSA.''
       (b) Annual Report.--The Secretary of Defense shall, in 
     consultation with the directors of the national nuclear 
     weapons laboratories and nuclear weapons production 
     facilities and as part of the budget justification materials 
     submitted to Congress in support of the Department of Defense 
     budget for each fiscal year (as submitted with the budget of 
     the President under section 1105(a) of title 31, United 
     States Code), submit a report on the condition and status of 
     the nuclear weapons complex of the United States. The report 
     shall include the following elements:
       (1) An assessment of whether the budget is sufficient to 
     preserve the core intellectual and technical competencies of 
     the United States in nuclear weapons, including weapons 
     design, system integration, manufacturing, security, use 
     control, reliability assessment, and certification.
       (2) A description of the demographics and experience of the 
     nuclear weapons workforce, including the number of 
     individuals who have ever participated in an underground 
     nuclear test.
       (3) A plan for enabling the design laboratories to grow the 
     required expertise and sustain it over the long term.
       (4) An assessment of the condition and status of the 
     national nuclear weapons laboratories and nuclear weapons 
     production facilities.
       (5) A plan to provide for the long-term safety, security, 
     reliability, and credibility of the United States nuclear 
     deterrent and extended deterrent.
       (6) An assessment of the condition and status of the 
     nuclear weapons production complex and the ability of the 
     complex to sustain and modernize the nuclear deterrent.
       (c) Definitions.--In this Act:
       (1) The term ``national nuclear weapons laboratories'' 
     includes Sandia National Laboratory, Los Alamos National 
     Laboratory, and Lawrence Livermore National Laboratory.
       (2) The term ``nuclear weapons production facilities'' 
     means the Y-12 complex at Oak Ridge National Laboratory, the 
     Savannah River Site, the Pantex Plant, the Nevada Test Site, 
     and the Kansas City Plant.
                                 ______
                                 
  SA 1675. Mr. FEINGOLD (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 652. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT 
                   MEMBERS DURING PHYSICAL DISABILITY EVALUATION 
                   FOLLOWING MOBILIZATION AND DEPLOYMENT.

       Section 1218 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The Secretary of a military department shall 
     ensure that each member of a reserve component under the 
     jurisdiction of the Secretary who is determined, after a 
     mobilization and deployment to an area in which imminent 
     danger pay is authorized under section 310 of title 37, to 
     require evaluation for a physical or mental disability which 
     could result in separation or retirement for disability under 
     this chapter or placement on the temporary disability retired 
     list or inactive status list under this chapter is retained 
     on active duty during the disability evaluation process until 
     such time as such member is--
       ``(A) cleared by appropriate authorities for continuation 
     on active duty; or
       ``(B) separated, retired, or placed on the temporary 
     disability retired list or inactive status list.
       ``(2)(A) A member described in paragraph (1) may request 
     termination of active duty under such paragraph at any time 
     during the demobilization or disability evaluation process of 
     such member.
       ``(B) Upon a request under subparagraph (A), a member 
     described in paragraph (1) shall only be released from active 
     duty after the member receives counseling about the 
     consequences of termination of active duty.
       ``(C) Each release from active duty under subparagraph (B) 
     shall be thoroughly documented.
       ``(3) The requirements in paragraph (1) shall expire on the 
     date that is five years after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2010.''.

     SEC. 653. USE OF LOCAL RESIDENCES FOR COMMUNITY-BASED CARE 
                   FOR CERTAIN RESERVE COMPONENT MEMBERS.

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

     SEC. 654. ASSISTANCE WITH TRANSITIONAL BENEFITS.

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

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

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

``1218a. Discharge or release from active duty: transition 
              assistance.''.
                                 ______
                                 
  SA 1676. Mr. BEGICH (for himself, Mr. Sessions, and Mr. Lieberman) 
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 66, between lines 19 and 20, insert the following:
       (e) Comptroller General Review.--The Comptroller General of 
     the United States shall--
       (1) review the assessment required by subsection (b) and 
     the plan required by subsection (c); and
       (2) not later than 120 days after receiving the assessment 
     and the plan, provide to the congressional defense committees 
     the results of the review.
                                 ______
                                 
  SA 1677. Mr. BEGICH (for himself, Mr. Sessions, and Mr. Lieberman) 
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 II, add the following:

[[Page 18464]]



     SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR 
                   MISSILE AND OPERATION OF MISSILE FIELD 1 AT 
                   FORT GREELY, ALASKA.

       (a) Limitation on Break in Production.--The Secretary of 
     Defense shall ensure that the Missile Defense Agency does not 
     allow a break in production of the Ground-based Interceptor 
     missile until the Department of Defense has--
       (1) completed the Ballistic Missile Defense Review; and
       (2) made a determination with respect to the number of 
     Ground-based Interceptor missiles that will be necessary to 
     support the service life of the Ground-based Midcourse 
     Defense element of the Ballistic Missile Defense System.
       (b) Limitation on Certain Actions With Respect to Missile 
     Field 1 and Missile Field 2 at Fort Greely, Alaska.--
       (1) Limitation on decommissioning of missile field 1.--The 
     Secretary of Defense shall ensure that Missile Field 1 at 
     Fort Greely, Alaska, does not complete decommissioning until 
     seven silos have been emplaced at Missile Field 2 at Fort 
     Greely.
       (2) Limitation with respect to disposition of silos at 
     missile field 2.--The Secretary of Defense shall ensure that 
     no irreversible decision is made with respect to the 
     disposition of operational silos at Missile Field 2 at Fort 
     Greely, Alaska, until that date that is 60 days after the 
     date on which the reports required by subsections (b)(3) and 
     (c)(3) of section 243 are submitted to the congressional 
     defense committees.
                                 ______
                                 
  SA 1678. Mr. LEAHY 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 321, strike line 18 and all that follows through 
     page 394, line 8 and insert the following:

     SEC. 1031. REPEAL OF MILITARY COMMISSIONS.

       (a) Repeal.--
       (1) In general.--Chapter 47A of title 10, United States 
     Code, is repealed.
       (2) Technical and conforming amendment.--The table of 
     chapters for title 10, United States Code, is amended by 
     striking the item relating to chapter 47A.
       (b) Transition Procedures.--
       (1) Definition.--In this subsection, the term ``covered 
     matter'' means a matter--
       (A) brought before a military commission convened under 
     chapter 47A of title 10, United States Code, as in effect on 
     the day before the date of enactment of this Act; and
       (B) in which final judgment has not been entered, or the 
     matter has not otherwise become final, on the date of 
     enactment of this Act.
       (2) Dismissal.--Any covered matter shall be dismissed 
     without prejudice.
       (3) Statute of limitations.--For any offense charged in a 
     covered matter dismissed under paragraph (2), the running of 
     the statute of limitations for that offense shall be tolled 
     during the period beginning on the date on which charges 
     relating to the offense were filed with a military commission 
     convened under chapter 47A of title 10, United States Code, 
     as in effect on the day before the date of enactment of this 
     Act, and ending on the date of enactment of this Act.
                                 ______
                                 
  SA 1679. Mr. GRASSLEY 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 435, between line 14 and 15, insert the following:

     SEC. 1083. INVESTIGATIONS, AUDITS, INSPECTIONS, EVALUATIONS, 
                   AND REVIEWS CONDUCTED BY INSPECTORS GENERAL.

       Section 3518(c) of title 44, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Notwithstanding paragraph (3), this subchapter shall 
     not apply to the collection of information during the conduct 
     of any investigation, audit, inspection, evaluation, or other 
     review conducted by--
       ``(A) any Federal office of Inspector General, including--
       ``(i) any office of Inspector General of any establishment, 
     Federal entity, or designated Federal entity as those terms 
     are defined under sections 12(2), 8G(a)(1), and 8G(a)(2) of 
     the Inspector General Act of 1978 (5 U.S.C. App.), 
     respectively; or
       ``(ii) any office of Special Inspector General established 
     by statute;
       ``(B) the Council of the Inspectors General on Integrity 
     and Efficiency established under section 11 of the Inspector 
     General Act of 1978 (5 U.S.C. App.); or
       ``(C) the Recovery Accountability and Transparency Board 
     established under section 1521 of division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 289).''.
                                 ______
                                 
  SA 1680. Mr. VOINOVICH (for himself, Mr. Leahy, Mr. Bond, Mr. Begich, 
Mr. Bennett, Mr. Byrd, Mr. Casey, Mr. Cochran, Mr. Crapo, Mr. Dorgan, 
Mrs. Lincoln, Ms. Murkowski, Mr. Risch, Mr. Rockefeller, and Mrs. 
Shaheen) submitted an amendment intended to be proposed by him to the 
bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1211. AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE 
                   PARTNERSHIP PROGRAM.

       (a) Availability of Appropriated Funds.--The Secretary of 
     Defense may, under regulations prescribed by the Secretary, 
     use funds appropriated to the Department of Defense for 
     fiscal year 2010 to pay the costs incurred by the National 
     Guard (including the costs of pay and allowances of members 
     of the National Guard) in conducting activities under the 
     State Partnership Program--
       (1) to support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     activities are conducted; or
       (2) to build international civil-military partnerships and 
     capacity on matters relating to defense and security.
       (b) Limitations.--
       (1) Approval by commander of combatant command and chief of 
     mission.--Funds shall not be available under subsection (a) 
     for activities conducted under the State Partnership Program 
     in a foreign country unless such activities are jointly 
     approved by the commander of the combatant command concerned 
     and the chief of mission concerned.
       (2) Participation by members.--Funds shall not be available 
     under subsection (a) for the participation of a member of the 
     National Guard in activities conducted under the State 
     Partnership Program in a foreign country unless the member is 
     on active duty in the Armed Forces at the time of such 
     participation.
       (c) Reimbursement.--In the event of the participation of 
     personnel of a department or agency of the United States 
     Government (other than the Department of Defense) in 
     activities for which payment is made under subsection (a), 
     the head of such department or agency shall reimburse the 
     Secretary of Defense for the costs associated with the 
     participation of such personnel in such activities. Amounts 
     reimbursed the Department of Defense under this subsection 
     shall be deposited in the appropriation or account from which 
     amounts for the payment concerned were derived. Any amounts 
     so deposited shall be merged with amounts in such 
     appropriation or account, and shall be available for the same 
     purposes, and subject to the same conditions and limitations, 
     as amounts in such appropriation or account.
                                 ______
                                 
  SA 1681. Mrs. LINCOLN (for herself, Ms. Landrieu, 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 insert 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.

       Section 408a(c) of title 37, United States Code, is amended 
     by inserting after the first sentence the following: ``The 
     regulations may not, for purposes of subsection (a), define 
     normal commuting distance as any distance greater then 100 
     miles.''.
                                 ______
                                 
  SA 1682. Mr. CONRAD (for himself, Mr. Enzi, Mr. Hatch, Mr. Tester, 
Mr. Bennett, Mr. Baucus, Mr. Barrasso, and Mr. Dorgan) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military

[[Page 18465]]

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. SENSE OF CONGRESS ON THE STRATEGIC IMPORTANCE OF 
                   THE INTERCONTINENTAL BALLISTIC MISSILE.

       (a) Findings.--Congress makes the following findings:
       (1) President Barack Obama stated in his speech on April 4, 
     2009, in Prague, Czech Republic, on working toward a world 
     without nuclear weapons, ``as long as these weapons exist, we 
     will maintain a safe, secure and effective arsenal to deter 
     any adversary, and guarantee that defense to our allies''.
       (2) The Congressional Commission on the Strategic Posture 
     of the United States found, in the Commission's final report, 
     that preserving the triad of strategic nuclear delivery 
     systems is essential to ensuring the reliability and 
     credibility of the nuclear force, and that the nuclear triad 
     becomes even more important as the size of the nuclear force 
     of the United States is reduced.
       (3) The stabilizing, reliable, and cost-effective Minuteman 
     III intercontinental ballistic missile is a critically 
     important component of the nuclear triad, essential for the 
     United States to deter its enemies, assure its allies, and 
     dissuade potential future adversaries.
       (4) The current 450-missile force, with its inherent broad 
     dispersion, low warhead loading, and high readiness and 
     reliability, makes a successful disarming attack nearly 
     impossible and eliminates pressure to maintain a launch-on-
     warning posture.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) as the United States and Russia negotiate further 
     reductions in strategic offensive arsenals, the United States 
     must be certain that the long-term vitality of the triad of 
     strategic nuclear delivery systems is not threatened;
       (2) the land-based nuclear force is the most stabilizing 
     portion of the nuclear arsenal of the United States and it 
     becomes even more so as the total number of weapons in the 
     arsenal shrinks; and
       (3) a robust intercontinental ballistic missile force is an 
     essential component of the nuclear triad and must be retained 
     to advance the Nation's nuclear strategy of deterrence, 
     assurance, and dissuasion.
                                 ______
                                 
  SA 1683. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

             Subtitle I--Quadrennial Defense Review Matters

     SEC. 1091. NATIONAL DEFENSE PANEL.

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

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

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

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

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

[[Page 18466]]


                                 ______
                                 
  SA 1684. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

             Subtitle I--Quadrennial Defense Review Matters

     SEC. 1091. NATIONAL DEFENSE PANEL.

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

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

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

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

       (a) In General.--Concurrent with the delivery of the report 
     on the 2009 quadrennial defense review required by section 
     118(d) of title 10, United States Code, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report with a 
     classified annex containing--
       (1) the analyses used to determine and support the findings 
     on force structure required by such section; and
       (2) a description of any changes from the 2006 quadrennial 
     defense review to the minimum military requirements for major 
     military capabilities.
       (b) Major Military Capabilities Defined.--In this section, 
     the term ``major military capabilities'' includes any 
     capability the Secretary determines to be a major military 
     capability, any capability discussed in the report of the 
     2006 quadrennial defense review, and any capability described 
     in paragraph (9) or (10) of section 118(d) of title 10, 
     United States Code.
                                 ______
                                 
  SA 1685. 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 appropriate place, insert the following:

     SEC. ___. HATE CRIMES.

       (a) Findings.--Notwithstanding any other provision of this 
     Act, any finding by Congress in division ___ of this Act 
     relating to actual or perceived gender identity shall have no 
     force or effect and shall be null and void.
       (b) Support for Criminal Investigations and Prosecutions.--
     Notwithstanding any other provision of this Act, the Attorney 
     General may not provide assistance to a State, local, or 
     tribal law enforcement agency under section __04 of this Act 
     based on actual or perceived gender identity.
       (c) Federal Offense.--Notwithstanding any other provision 
     of this Act, section 924 of title 18, United States Code, as 
     added by section __07 of this Act, is amended--
       (1) in subsection (a)(2)--
       (A) in the paragraph heading, by striking ``gender 
     identity,''; and
       (B) in subparagraph (A), by striking ``gender identity''; 
     and
       (2) in subsection (c)--
       (A) in paragraph (2), by adding ``and'' at the end;
       (B) in paragraph (3), by striking ``; and'' and inserting a 
     period; and
       (C) by striking paragraph (4).
       (d) Statistics.--Notwithstanding any other provision of 
     this Act, subsection (b)(1) of the first section of the Hate 
     Crime Statistics Act (28 U.S.C. 534 note), as amended by 
     section __08 of this Act, is amended by striking ``and gender 
     identity''.
       (e) Rule of Construction.--Notwithstanding any other 
     provision of this Act, division __ of this Act (relating to 
     hate crimes), and the amendments made by that division, shall 
     not apply to actual or perceived gender identity.
                                 ______
                                 
  SA 1686. Mr. SANDERS submitted an amendment intended to be proposed 
by

[[Page 18467]]

him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Subsection (b) of section 714 of title 31, 
     United States Code, is amended by striking all after ``shall 
     audit an agency'' and inserting a period.
       (b) Audit.--Section 714 of title 31, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) Audit and Report of the Federal Reserve System.--
       ``(1) In general.--The audit of the Board of Governors of 
     the Federal Reserve System and the Federal reserve banks 
     under subsection (b) shall be completed before the end of 
     2010.
       ``(2) Report.--
       ``(A) Required.--A report on the audit referred to in 
     paragraph (1) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House, the majority and 
     minority leaders of the House of Representatives, the 
     majority and minority leaders of the Senate, the Chairman and 
     Ranking Member of the committee and each subcommittee of 
     jurisdiction in the House of Representatives and the Senate, 
     and any other Member of Congress who requests it.
       ``(B) Contents.--The report under subparagraph (A) shall 
     include a detailed description of the findings and conclusion 
     of the Comptroller General with respect to the audit that is 
     the subject of the report, together with such recommendations 
     for legislative or administrative action as the Comptroller 
     General may determine to be appropriate.''.
                                 ______
                                 
  SA 1687. 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 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. CERTIFICATION REQUIREMENT FOR COALITION SUPPORT 
                   FUND REIMBURSEMENTS.

       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 1688. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. CONTRACTING IMPROVEMENTS.

       (a) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively; and
       (2) the terms ``HUBZone small business concern'', ``small 
     business concern'', ``small business concern owned and 
     controlled by service-disabled veterans'', and ``small 
     business concern owned and controlled by women'' have the 
     same meanings as in section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Contracting Opportunities.--Section 31(b)(2)(B) of the 
     Small Business Act (15 U.S.C. 657a(b)(2)(B)) is amended by 
     striking ``shall'' and inserting ``may''.
       (c) Contracting Goals.--Section 15(g)(1) of the Small 
     Business Act (15 U.S.C. 644(g)(1)) is amended in the fourth 
     sentence by inserting ``and subcontract'' after ``not less 
     than 3 percent of the total value of all prime contract''.
       (d) Mentor-Protege Programs.--The Administrator may 
     establish mentor-protege programs for small business concerns 
     owned and controlled by service-disabled veterans, small 
     business concerns owned and controlled by women, and HUBZone 
     small business concerns modeled on the mentor-protege program 
     of the Administration for small business concerns 
     participating in programs under section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)).
                                 ______
                                 
  SA 1689. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) In General.--Not later than March 31, 2010, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the documentation of 
     the support provided by members of the Armed Forces while 
     deployed in support of contingency operations that is 
     provided--
       (1) as a result of operational requirements; and
       (2) outside of the requirements of their military 
     occupations.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the mechanisms used by the Secretary, 
     if any, to document the support provided by members of the 
     Armed Forces while deployed in support of contingency 
     operations that is provided as a result of operational 
     requirements and outside of the requirements of their 
     military occupations, including documentation of 
     participation in operational missions that involve combat 
     experience.
       (2) Recommendations for the improvement or creation of 
     mechanisms described in paragraph (1).
       (3) An assessment of the feasibility and advisability of 
     creating and implementing an experience, service, or skill 
     identifier to identify the support described in paragraph 
     (1).
       (4) An assessment of whether such identifier could be used 
     effectively and efficiently for the provision of training and 
     assignment matching.
       (5) An assessment of whether the current chain of command 
     construct allows members described in paragraph (1) who 
     provide support described in such paragraph sufficient 
     opportunity to obtain recognition for their service.
       (6) An identification of the differences between service in 
     the reserve components of the Armed Forces and service in the 
     regular components of the Armed Forces and how those 
     differences affect the matters described in paragraphs (1) 
     through (5).
       (7) An assessment of how a mechanism described in paragraph 
     (1) could be used to improve determinations of whether a 
     member of the Armed Forces has, for purposes of establishing 
     service-connection for a disease or injury under section 
     1154(b) of title 38, United States Code, engaged in combat 
     with the enemy in active service with a military, naval, or 
     air organization of the United States during a period of war, 
     campaign, or expedition.

                          ____________________