“TEXT OF AMENDMENTS” published by the Congressional Record on July 15, 2009

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Volume 155, No. 106 covering the 1st Session of the 111th Congress (2009 - 2010) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S7560-S7572 on July 15, 2009.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

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

At the end of the amendment, insert the following:

SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL

INVESTIGATIONS AND PROSECUTIONS BY STATE AND

LOCAL LAW ENFORCEMENT OFFICIALS.

(a) Studies.--

(1) Collection of data.--

(A) Definition of relevant offense.--In this paragraph, the term ``relevant offense'' means a crime described in subsection (b)(1) of the first section of Public Law 101-275

(28 U.S.C. 534 note) and a crime that manifests evidence of prejudice based on gender or age.

(B) Collection from cross-section of states.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the National Governors' Association, shall, if possible, select 10 jurisdictions with laws classifying certain types of offenses as relevant offenses and 10 jurisdictions without such laws from which to collect the data described in subparagraph (C) over a 12-month period.

(i) the number of relevant offenses that are reported and investigated in the jurisdiction;

(ii) the percentage of relevant offenses that are prosecuted and the percentage that result in conviction;

(iii) the duration of the sentences imposed for crimes classified as relevant offenses in the jurisdiction, compared with the length of sentences imposed for similar crimes committed in jurisdictions with no laws relating to relevant offenses; and

(iv) references to and descriptions of the laws under which the offenders were punished.

(D) Costs.--Participating jurisdictions shall be reimbursed for the reasonable and necessary costs of compiling data collected under this paragraph.

(2) Study of relevant offense activity.--

(A) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit to Congress a report that analyzes the data collected under paragraph (1) and under section 534 of title 28, United States Code, to determine the extent of relevant offense activity throughout the United States and the success of State and local officials in combating that activity.

(B) Identification of trends.--In the study conducted under subparagraph (A), the Comptroller General of the United States shall identify any trends in the commission of relevant offenses specifically by--

(i) geographic region;

(ii) type of crime committed; and

(iii) the number and percentage of relevant offenses that are prosecuted and the number for which convictions are obtained.

(b) Assistance Other Than Financial Assistance.--At the request of a law enforcement official of a State or a political subdivision of a State, the Attorney General, acting through the Director of the Federal Bureau of Investigation and in cases where the Attorney General determines special circumstances exist, may provide technical, forensic, prosecutorial, or any other assistance in the criminal investigation or prosecution of any crime that--

(1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code);

(2) constitutes a felony under the laws of the State; and

(3) is motivated by animus against the victim by reason of the membership of the victim in a particular class or group.

(1) In general.--The Attorney General may, in cases where the Attorney General determines special circumstances exist, make grants to States and local subdivisions of States to assist those entities in the investigation and prosecution of crimes motivated by animus against the victim by reason of the membership of the victim in a particular class or group.

(2) Eligibility.--A State or political subdivision of a State applying for assistance under this subsection shall--

(A) describe the purposes for which the grant is needed; and

(B) certify that the State or political subdivision lacks the resources necessary to investigate or prosecute a crime motivated by animus against the victim by reason of the membership of the victim in a particular class or group.

(3) Deadline.--An application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 10 days after the application is submitted.

(4) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single case.

(5) Report and audit.--Not later than December 31, 2008, the Attorney General, in consultation with the National Governors' Association, shall--

(A) submit to Congress a report describing the applications made for grants under this subsection, the award of such grants, and the effectiveness of the grant funds awarded; and

(B) conduct an audit of the grants awarded under this subsection to ensure that such grants are used for the purposes provided in this subsection.

(6) Authorization of appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 2008 and 2009 to carry out this section.

______

SA 1540. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

SECTION 1083. GOVERNMENT OWNERSHIP EXIT PLAN.

(a) Definition.--In this section--

(1) the term ``ownership interest'' means an interest in a troubled asset described in section 3(9)(B) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5202(a)(1)), as in effect on the day before the date of enactment of this Act, that was purchased by the Secretary under section 101(a)(1) of such Act (12 U.S.C. 5211(a)(1)); and

(2) the term ``Secretary'' means the Secretary of the Treasury.

(b) Re-Privatization of Private Entities.--

(1) Prohibition on federal government holding ownership interests.--

(A) In general.--Beginning on the date of enactment of this Act, the Federal Government may not acquire, directly or indirectly, any ownership interest.

(B) Divestiture.--Except as provided in paragraph (2), the Secretary shall divest the Federal Government of any ownership interest not later than 1 year after the date of enactment of this Act.

(2) Limited authority.--

(A) In general.--Beginning 1 year after the date of enactment of this Act, the Secretary may hold an ownership interest with respect to a particular entity for a period of not more than 6 months if, not later than 1 year after the date of enactment of this Act, the Secretary submits a report to Congress with respect to that entity stating that--

(i) compliance with paragraph (1)(B) with respect to such entity would have a significant adverse impact on the taxpayers of the United States; and

(ii) there is a reasonable expectation that a waiver of paragraph (1)(B) would allow the Secretary to recover the cost to the Federal Government of acquiring such ownership interest.

(B) Single renewal.--The Secretary may renew an extension under subparagraph (A) for a single period of not more than 6 months, if the Secretary submits to Congress a report stating that the conditions described in clauses (i) and (ii) of subparagraph (A) still exist with respect to the subject ownership interest.

(3) Conforming amendment.--Section 3(9) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5202(9)) is amended--

(A) in subparagraph (A), by striking ``; and'' at the end and inserting a period;

(B) by striking ``means--'' and all that follows through

``residential'' in subparagraph (A) and inserting ``means residential''; and

(4) Deposit of funds.--

(A) In general.--Section 115(a)(3) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) is amended by striking

``outstanding at any one time''.

(B) Deposit of funds into treasury.--

(i) In general.--On and after the date of enactment of this Act, all repayments of obligations arising under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), and all proceeds from the sale of assets acquired by the Federal Government under that Act, shall be paid into the general fund of the Treasury for reduction of the public debt, in accordance with section 106(d) of that Act (12 U.S.C. 5216(d)), as amended by this subsection.

(ii) Conforming amendment.--Section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended by inserting ``, and repayments of obligations arising under this Act,'' after ``section 113''.

(5) Influence of management decisions.--Title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) is amended by adding at the end the following:

``SEC. 137. INFLUENCE OF MANAGEMENT DECISIONS.

``(a) Definitions.--For purposes of this section--

``(1) the term `covered person' means any person who is an officer or employee (including a special Government employee

(as defined in section 202(a) of title 18, United States Code)) of the executive branch of the United States

(including any independent agency of the United States); and

``(2) the term `significant management decision' includes the appointment of senior executives or board members, business strategies relating to production and manufacturing, plant closings, the relocation of the headquarters of an entity, the modification of labor contracts, and other financial decisions.

``(b) Influence Prohibited.--

``(1) In general.--It shall be unlawful for any covered person to knowingly make, with the intent to influence, a communication regarding a significant management decision of a recipient of assistance under this title to any officer or employee of the recipient.

``(2) Criminal penalty.--Any covered person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both.

``(c) Civil Actions.--

``(1) In general.--The Attorney General of the United States may bring a civil action in an appropriate United States district court against any covered person to enforce subsection (b).

``(2) Civil penalty.--Any covered person who, upon proof by a preponderance of the evidence, violates subsection (b) shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this paragraph shall not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person.

``(3) Orders.--If the Attorney General of the United States has reason to believe that a covered person is engaging in conduct that violates subsection (b), the Attorney General may petition an appropriate United States district court for an order prohibiting the covered person from engaging in the conduct. The court may issue an order prohibiting the covered person from engaging in the conduct if the court finds that the conduct constitutes a violation of subsection (b). The filing of a petition under this paragraph shall not preclude any other remedy which is available by law to the United States or any other person.''.

(6) Federal deposit insurance corporation.--Nothing in this section may be construed to impede the ability of the Federal Deposit Insurance Corporation to maintain the stability of the banking system.

(c) Oversight by Financial Stability Oversight Board.--Section 104(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5214(a)) is amended--

(1) in paragraph (2), by striking ``and'' at the end;

(2) in paragraph (3), by striking the semicolon at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(4) reviewing the implementation of section 1083 of the National Defense Authorization Act for Fiscal Year 2010.''.

(d) Reports Required.--

(1) Report on federal government ownership.--

(A) Reports required.--The Secretary shall make (and shall publicly disclose) periodic reports detailing any ownership interest held by the Federal Government, including any loan or loan guarantee made by the Board of Governors of the Federal Reserve System.

(B) Timing of reports.--The Secretary shall submit the reports under subparagraph (A)--

(i) not later than 3 months after the date of enactment of this Act; and

(ii) each quarter of the fiscal year thereafter.

(2) Reports on winding down or divestment.--

(A) Reports required.--The Secretary shall submit to Congress periodic reports on the plans of the Secretary for compliance with this section, including any plans to wind down or divest an ownership interest.

(B) Timing of reports.--The Secretary shall submit the reports under subparagraph (A)--

(i) not later than 6 months after the date of enactment of this Act; and

(ii) each month thereafter until all ownership interests are divested under subsection (b)(1)(B).

(e) Plan for Government Sponsored Enterprises.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing a plan of the Secretary--

(1) to end the conservatorship by the Federal Government of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; and

(2) to eliminate any form of direct ownership by the Federal Government of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

______

SA 1541. Mr. BROWN submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 733. IMPROVEMENT OF INFORMATION FOR MEMBERS AND FORMER

MEMBERS OF THE ARMED FORCES ON UPGRADES OF

DISCHARGE.

(a) Clarification and Improvement of Information.--

(1) Notice that upgrade is not automatic.--Each member of the Armed Forces who is being considered for or processed for an administrative or any other type of discharge shall receive written notice that an upgrade in the characterization of discharge will not automatically result from review of the discharge by a board of review under section 1533 of title 10, United States Code. The notice shall be dated and shall be provided to the member at least 15 days prior to any deadline to elect a particular characterization or type of discharge or manner of processing.

(2) Notice of right to obtain legal counsel.--The written notice required under paragraph (1) shall also advise the member that the member has the right to meet with and discuss his or her discharge options with legal counsel prior to electing a characterization and provide the name, location, phone number, and email address of the nearest military defense counsel who supports the member's unit. The 15-day election deadline may be extended until the member is able to meet with a military defense counsel should the member so desire.

(3) Related clarification.--The notice of discharge issued to a member of the Armed Forces upon discharge may not contain or include any information, references, or other material that is inconsistent with the notice required under paragraph (1).

(b) Record Keeping.--

(1) Requirement to maintain copy of required notices.--A copy of each written notice required under subsection (a)(1) shall be maintained in the permanent personnel file of the member, in addition to any copies directly provided to the member.

______

SA 1542. Mr. BROWN (for himself and Mr. Ensign) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 524. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE

OFFICERS' TRAINING CORPS.

(a) Plan for Increase.--The Secretary of Defense, in consultation with the Secretaries of the military departments, may implement a plan to establish and support up to 4,000 Junior Reserve Officers' Training Corps units not later than fiscal year 2020.

(b) Cooperation With Local Educational Agencies.--The Secretary of Defense, in implementing a plan under subsection

(a), shall work with local educational agencies to increase the employment in Junior Reserve Officers' Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency operation.

(c) Report on Plan.--The Secretary of Defense shall submit to the congressional defense committees a report on the following:

(1) A description of how the Secretaries of the military departments can increase the number of units of the Junior Reserve Officers' Training Corps to the number specified in subsection (a), including how many new units may foreseeably be established per year by each service.

(2) The annual funding necessary to support any increase in units, including the personnel costs associated.

______

SA 1543. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 100, between lines 2 and 3, insert the following:

SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR

SELECTED RESERVE END STRENGTHS.

Section 115(g) of title 10, United States Code, is amended to read as follows:

``(g) Authority for Service Secretary Variances for Active-Duty and Selected Reserve End Strengths.--(1) Upon determination by the Secretary of a military department that such action would enhance manning and readiness in essential units or in critical specialties or ratings, the Secretary may--

``(A) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength; and

``(B) increase the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for the Selected Reserve of the reserve component of any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength.

``(2) Any increase under paragraph (1) of the end strength for an armed force or the Selected Reserve of a reserve component of an armed force shall be counted as part of the increase for that armed force or Selected Reserve for that fiscal year authorized under subsection (f)(1) or subsection

(f)(3), respectively.''.

______

SA 1544. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title III, add the following:

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

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Air Force, the Chief of the National Guard Bureau, the Director of the Air National Guard, and such other officials as the Secretary of Defense considers appropriate, shall submit to Congress a report on--

(1) the status of the fleet of the Air National Guard; and

(2) the plans of the Department of Defense to ensure that the forces of the Air National Guard remain ready, reliable, and relevant to the missions of the Department in Iraq and Afghanistan and future missions of the Department.

______

SA 1545. Ms. LANDRIEU submitted an amendment intended to be proposed by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN TREATMENT

OF POST-TRAUMATIC STRESS DISORDER.

(a) In General.--Not later than December 31, 2010, the Secretary of Defense and the Secretary of Veterans Affairs, in consultation with the Secretary of Health and Human Services, shall jointly submit to the appropriate committees of Congress a report on the feasibility and advisability of using alternative therapies in the treatment of post-traumatic stress disorder, including the therapeutic use of animals.

(b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Veterans' Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Veterans' Affairs, and the Committee on Energy and Commerce of the House of Representatives.

______

SA 1546. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 125. AC-130 GUNSHIPS.

(a) Report on Reduction in Service Life in Connection With Accelerated Deployment.--Not later than December 31, 2009, the Secretary of the Air Force, in consultation with the United States Special Operations Command, shall submit to the congressional defense committees an assessment of the reduction in the service life of AC-130 gunships of the Air Force as a result of the accelerated deployments of such gunships that are anticipated during the seven- to ten-year period beginning with the date of the enactment of this Act, assuming that operating tempo continues at a rate per year of the average of their operating rate for the last five years.

(b) Elements.--The report required by subsection (a) shall include the following:

(1) An estimate by series of the maintenance costs for the AC-130 gunships during the period described in subsection

(a), including any major airframe and engine overhauls of such aircraft anticipated during that period.

(2) A description by series of the age, serviceability, and capabilities of the armament systems of the AC-130 gunships.

(3) An estimate by series of the costs of modernizing the armament systems of the AC-130 gunships to achieve any necessary capability improvements.

(4) A description by series of the age and capabilities of the electronic warfare systems of the AC-130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

(5) A description by series of the age of the avionics systems of the AC-130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.

(6) An estimate of the costs of replacing all AC-130 gunships with a similar platform that meets the requirements of the Air Force for a next-generation gunship, including--

(A) a description of the time required for the replacement of every AC-130 gunship with a similar next-generation gunship; and

(B) a comparative analysis of the costs of operation of AC-130 gunships by series, including costs of operation, maintenance, and personnel, with the anticipated costs of operation of various platforms that might be suitable for a next-generation gunship.

(c) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

______

SA 1547. Mr. DORGAN (for himself and Mr. Conrad) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

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

AIRCRAFT.

(a) In General.--The Secretary of Defense and the Secretary of Transportation shall jointly develop a plan for providing access to the national airspace for unmanned aircraft of the Department of Defense. The plan shall include--

(1) milestones for providing access to the national airspace for unmanned aircraft before the transition of Grand Forks Air Force Base, North Dakota, into a main operating base for unmanned aircraft in fiscal year 2010; and

(2) a description of the policies with respect to use of the national airspace, flight standards, and operating procedures that will be implemented by the Department of Defense and the Federal Aviation Administration to accommodate the operational needs of the Global Hawk unmanned aircraft and training requirements with respect to the Predator-class unmanned aircraft assigned to Grand Forks Air Force Base.

(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Transportation shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan required by subsection (a).

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SA 1548. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 2707. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO

IMPLEMENT BASE CLOSURE AND REALIGNMENT PROPERTY

RECOMMENDATIONS.

(a) Economic Redevelopment Conveyance Authority.--Subsection (b)(4) of section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended--

(1) in subparagraph (A), by striking ``job generation'' and inserting ``economic redevelopment'';

(2) by striking subparagraph (B) and inserting the following new subparagraph:

``(B) Real or personal property at a military installation shall be conveyed, without consideration, under subparagraph

(A) to the redevelopment authority with respect to the installation if the authority--

``(i) agrees that the proceeds from any sale or lease of the property (or any portion thereof) received by the redevelopment authority during at least the first seven years after the date of the initial transfer of the property under subparagraph (A) or the completion of the initial redevelopment of the property, whichever is earlier, shall be used to support the economic redevelopment of, or related to, the installation; and

``(ii) executes the agreement for transfer of the property and accepts control of the property within a reasonable time after the requirements associated with subsection (c) are satisfied.''; and

(3) in subparagraph (C), by adding at the end the following new clause:

``(xiii) Environmental restoration, waste management, and environmental compliance activities provided pursuant to subsection (e).''.

(b) Recoupment Authority.--Subsection (b)(4)(D) of such section is amended--

(1) by striking ``The Secretary'' and inserting ``At the conclusion of the period specified in subparagraph (B) applicable to an installation, the Secretary''; and

(2) by striking ``for the period specified in subparagraph

(B)'' and inserting ``before the conclusion of such period''.

(1) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the amendments made by this section to support the conveyance of surplus real and personal property at closed or realigned military installations to local redevelopment authorities for economic development purposes.

(2) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report regarding the status of current and anticipated economic development conveyances involving surplus real and personal property at closed or realigned military installations, projected job creation as a result of the conveyances, community reinvestment, and progress made as a result of the implementation of the amendments made by this section.

______

SA 1549. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

Subtitle D--Other Matters

SEC. 2841. COMPTROLLER GENERAL REPORT ON NAVY SECURITY

MEASURES FOR LAURELWOOD HOUSING COMPLEX, NAVAL

WEAPONS STATION, EARLE, NEW JERSEY.

Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing a cost analysis and audit of the sufficiency of the Navy's security measures in advance of the proposed occupancy by the general public of units of the Laurelwood Housing complex on Naval Weapons Station, Earle. The report shall include an estimate of costs to be incurred by Federal, State, and local government agencies in the following areas:

(1) Security and safety procedures.

(2) Land/utilities management and services.

(3) Educational assistance.

(4) Emergency services.

(5) Community services.

(6) Environmental services.

______

SA 1550. Mrs. BOXER (for herself, Mr. Bond, Ms. Landrieu, Ms. Murkowski, Mrs. Lincoln, Mrs. Gillibrand, Mr. Wyden, and Mr. Burris) submitted an amendment intended to be proposed by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VII, insert the following:

SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL FOR

REIMBURSEMENT OF COVERED BENEFICIARIES OF THE

MILITARY HEALTH CARE SYSTEM FOR TRAVEL FOR

SPECIALTY HEALTH CARE.

(a) Reduction.--Section 1074i(a) of title 10, United States Code, is amended by striking ``100 miles'' and inserting ``50 miles''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act, and shall apply with respect to referrals for specialty health care made on or after such effective date.

______

SA 1551. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 652. FLEXIBLE SPENDING ARRANGEMENTS FOR THE UNIFORMED

SERVICES.

(a) Flexible Spending Arrangements for the Uniformed Services.--

(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, with respect to members of the Army, Navy, Marine Corps, and Air Force, the Secretary of Homeland Security, with respect to members of the Coast Guard, the Secretary of Health and Human Services, with respect to commissioned officers of the Public Health Service, and the Secretary of Commerce, with respect to commissioned officers of the National Oceanic and Atmospheric Administration, shall establish procedures to implement flexible spending arrangements with respect to basic pay under section 204 of title 37, United States Code, and compensation payable under section 206 of title 37, United States Code, for health care and dependent care on a pre-tax basis in accordance with regulations prescribed under sections 106(c) and 125 of the Internal Revenue Code of 1986.

(2) Considerations.--In establishing the procedures required by paragraph (1), the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Commerce shall consider life events of members of the uniformed services that are unique to them as members of the uniformed services, including changes relating to permanent changes of duty station and deployments to overseas contingency operations.

(b) Deductions Not Prohibited for Enlisted Members.--Section 701(c) of title 37, United States Code, relating to assignment of the pay of an enlisted member, may not be construed to prohibit or invalidate the arrangements authorized by this section with respect to the pay or compensation of an enlisted member.

(c) Review of Applicability to Selected Reserve.--Not later than November 1, 2009, the Secretary of Defense shall submit to the congressional defense committees recommendations on the advisability of authorizing flexible spending arrangements for members of the Selected Reserve.

(d) Uniformed Services Defined.--In this section, the term

``uniformed services'' has the meaning given the term in section 101(a) of title 10, United States Code.

______

SA 1552. Mrs. BOXER submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

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

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

``Sec. 1789a. Prohibition on concurrent deployment of dual-

military married couples with minor dependents

``(a) Prohibition on Concurrent Deployment.--The Secretary may not deploy overseas in connection with a contingency operation an individual who--

``(1) has a minor dependent;

``(2) is married to a member of the armed forces who is deployed overseas in connection with a contingency operation; and

``(3) is designated by such member in the family care plan of such member as the primary care provider of such minor dependent.

``(b) Reintegration Period.--In the case of an individual with a minor dependent whose spouse is a member of the armed forces returning from an overseas deployment in connection with a contingency operation, the Secretary may not deploy such individual during the 90-day period beginning on the date on which such member returns from such deployment.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1789 the following new item:

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

______

SA 1553. Mr. GREGG (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 2707. AUTHORITY TO CONSTRUCT PREVIOUSLY AUTHORIZED ARMED

FORCES RESERVE CENTER IN VICINITY OF SPECIFIED

LOCATION AT PEASE AIR NATIONAL GUARD BASE, NEW

HAMPSHIRE.

The Secretary of the Army may use funds appropriated pursuant to the authorization of appropriations in section 2703 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4715) for the purpose of constructing an Armed Forces Reserve Center at Pease Air National Guard Base, New Hampshire, to construct instead an Armed Forces Reserve Center in the vicinity of Pease Air National Guard Base at a location determined by the Secretary to be in the best interest of national security and in the public interest.

______

SA 1554. Mr. BURR (for himself, Mr. Bayh, Ms. Snowe, Mr. Udall of Colorado, Mr. Wicker, Mr. Thune, Mr. Enzi, Mr. Johanns, Ms. Murkowski, Mr. Hatch, Mrs. Lincoln, and Ms. Landrieu) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY

PERSONNEL FOR VOTING PURPOSES.

(a) In General.--Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended--

(1) by striking ``For'' and inserting the following:

``(a) In General.--For'';

(2) by adding at the end the following new subsection:

``(b) Spouses.--For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or a State or local office, a person who is absent from a State because the person is accompanying the person's spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence--

``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;

``(2) be deemed to have acquired a residence or domicile in any other State; or

``(3) be deemed to have become a resident in or a resident of any other State.''; and

(3) in the section heading, by inserting ``AND SPOUSES OF MILITARY PERSONNEL'' before the period at the end.

(b) Clerical Amendment.--The table of contents in section 1(b) of such Act (50 U.S.C. App. 501) is amended by striking the item relating to section 705 and inserting the following new item:

``Sec. 705. Guarantee of residency for military personnel and spouses of military personnel.''.

(50 U.S.C. App. 595), as added by subsection (a) of this section, shall apply with respect to absences from States described in such subsection (b) on or after the date of the enactment of this Act, regardless of the date of the military or naval order concerned.

SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESIDENCE OF

SPOUSES OF MILITARY PERSONNEL.

(a) In General.--Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App. 571) is amended--

(1) in subsection (a)--

(A) by striking ``A servicemember'' and inserting the following:

``(1) In general.--A servicemember''; and

(B) by adding at the end the following:

``(2) Spouses.--A spouse of a servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the spouse by reason of being absent or present in any tax jurisdiction of the United States solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile, as the case may be, is the same for the servicemember and the spouse.'';

(2) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively;

(3) by inserting after subsection (b) the following new subsection:

``(c) Income of a Military Spouse.--Income for services performed by the spouse of a servicemember shall not be deemed to be income for services performed or from sources within a tax jurisdiction of the United States if the spouse is not a resident or domiciliary of the jurisdiction in which the income is earned because the spouse is in the jurisdiction solely to be with the servicemember serving in compliance with military orders.''; and

(4) in subsection (d), as redesignated by paragraph (2)--

(A) in paragraph (1), by inserting ``or the spouse of a servicemember'' after ``The personal property of a servicemember''; and

(B) in paragraph (2), by inserting ``or the spouse's'' after ``servicemember's''.

(b) Application.--Subsections (a)(2) and (c) of section 511 of such Act (50 U.S.C. App. 571), as added by subsection (a) of this section, and the amendments made to such section 511 by subsection (a)(4) of this section, shall apply with respect to any return of State or local income tax filed for any taxable year beginning with the taxable year that includes the date of the enactment of this Act.

SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY REQUIREMENT FOR

SPOUSES OF MILITARY PERSONNEL.

(a) In General.--Section 508 of the Servicemembers Civil Relief Act (50 U.S.C. App. 568) is amended in subsection (b) by inserting ``or the spouse of such servicemember'' after

``a servicemember in military service''.

(b) Application.--The amendment made by subsection (a) shall apply with respect to servicemembers in military service (as defined in section 101 of such Act (50 U.S.C. App. 511)) on or after the date of the enactment of this Act.

______

SA 1555. Mr. NELSON of Nebraska (for himself and Mr. Graham) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 537. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN

DEPARTMENT OF DEFENSE ELEMENTARY AND SECONDARY

SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES OF

DEPENDENTS.

Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection:

``(j) Tuition-Free Enrollment of Dependents of Foreign Military Personnel Residing on Domestic Military Installations and Dependents of Certain Deceased Members of the Armed Forces.--(1) The Secretary may authorize the enrollment in an education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of an individual described in paragraph (2). Enrollment of such a dependent shall be on a tuition-free basis.

``(2) An individual referred to in paragraph (1) is any of the following:

``(A) A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States).

``(B) A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretary.''.

______

SA 1556. Mr. FEINGOLD submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction; and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title IX, add the following: SEC. 933. INCLUSION IN BUDGET MATERIALS OF AMOUNTS FOR FORCES

ASSIGNED THE MISSION OF MANAGING THE

CONSEQUENCES OF INCIDENTS IN THE UNITED STATES

INVOLVING A CHEMICAL, BIOLOGICAL, RADIOLOGICAL,

OR NUCLEAR DEVICE, OR HIGH-YIELD EXPLOSIVES.

(a) In General.--The Secretary of Defense shall submit to Congress, in the budget justification materials submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a consolidated budget justification display, in classified and unclassified form, that covers all programs and activities related to operations of the forces assigned the mission of managing the consequences of an incident in the United States involving a chemical, biological, radiological, or nuclear device, or high-yield explosives.

(b) Requirements for Budget Display.--The consolidated budget justification display required by subsection (a) for a fiscal year shall include the following:

(1) A statement of what percentage of the requirements originally requested for programs and activities related to operations of the forces referred to in subsection (a) in the budget review process that the budget requests funds for.

(2) A summary of actual or estimated expenditures for such programs and activities for the fiscal year during which the budget is submitted and for the fiscal year preceding that year.

(3) The amount in the budget for such programs and activities.

(4) A detailed explanation of the shortfalls, if any, in the funding of any requirement referred to in paragraph (1), when compared to the amount referred to in paragraph (3).

(5) The budget estimate for such programs and activities for the five fiscal years after the fiscal year for which the budget is submitted.

______

SA 1557. Mrs. LINCOLN (for herself, Mr. Tester, and Mr. Wyden) submitted an amendment intended to be proposed by her to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction; and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 635. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF

THE RESERVE COMPONENTS FOR LONG DISTANCE AND

CERTAIN OTHER TRAVEL TO INACTIVE DUTY TRAINING.

(a) Allowances Required.--

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

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

``(a) Allowance Required.--The Secretary concerned shall reimburse a member of a reserve component of the armed forces for expenses, including mileage traveled and lodging and subsistence, incurred in connection with the following:

``(1) Round-trip travel in excess of 100 miles to an inactive duty training location, regardless of the method of transportation.

``(2) Round-trip travel of any distance to an inactive duty training location, if such travel requires a commercial method of transportation other than ground transportation.

``(b) Rates of Reimbursement.--

``(1) Mileage.--In determining the amount of allowances or reimbursement to be paid for mileage traveled under subsection (a)(1), the Secretary concerned shall use the mileage reimbursement rate for the use of privately owned vehicles by Government employees on official business (when a Government vehicle is available), as prescribed by the Administrator of General Services under section 5707(b) of title 5.

``(2) Commercial fare for travel by common carrier.--The amount of reimbursement to be paid under subsection (a)(2) for travel covered by that subsection shall be the reasonable commercial fare expense for such travel by common carrier.

``(3) Lodging and subsistence.--In determining the amount of allowances or reimbursement to be paid for lodging and subsistence under this section, the Secretary concerned shall use the per diem rate as prescribed by the Administrator of General Services under section 5707 of title 5.

``(4) Authority to reimburse at higher rates.--Subject to the availability of appropriations and the approval of the Secretary of Defense, the Secretary concerned may modify the amount of allowances or reimbursement to be paid under this section using reimbursement rates in excess of those prescribed under paragraphs (1), (2), and (3).

``(c) Regulations.--The Secretary concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department shall be subject to the approval of the Secretary of Defense.''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 7 of such title, as amended by section 633, is further amended by inserting after the item relating to section 411k the following new item:

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

(b) Effective Date.--The amendments made by subsection (a) shall apply with respect to travel expenses incurred after the expiration of the 90-day period that begins on the date of the enactment of this Act.

______

SA 1558. Mr. NELSON of Florida (for himself, Mr. Byrd, and Ms. Snowe) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1083. GRANT OF FEDERAL CHARTER TO MILITARY OFFICERS

ASSOCIATION OF AMERICA.

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

``CHAPTER 1404--MILITARY OFFICERS ASSOCIATION OF AMERICA

``Sec.

``140401. Organization.

``140402. Purposes.

``140403. Membership.

``140404. Governing body.

``140405. Powers.

``140406. Restrictions.

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

``140408. Records and inspection.

``140409. Service of process.

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

``140411. Annual report.

``140412. Definition.

``Sec. 140401. Organization

``(a) Federal Charter.--Military Officers Association of America (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and is organized under the laws of the Commonwealth of Virginia, is a federally chartered corporation.

``(b) Expiration of Charter.--If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) shall expire.

``Sec. 140402. Purposes

``(a) General.--The purposes of the corporation are as provided in its bylaws and articles of incorporation and include--

``(1) to inculcate and stimulate love of the United States and the flag;

``(2) to defend the honor, integrity, and supremacy of the Constitution of the United States and the United States Government;

``(3) to advocate military forces adequate to the defense of the United States;

``(4) to foster the integrity and prestige of the Armed Forces;

``(5) to foster fraternal relations between all branches of the various Armed Forces from which members are drawn;

``(6) to further the education of children of members of the Armed Forces;

``(7) to aid members of the Armed forces and their family members and survivors in every proper and legitimate manner;

``(8) to present and support legislative proposals that provide for the fair and equitable treatment of members of the Armed Forces, including the National Guard and Reserves, military retirees, family members, survivors, and veterans; and

``(9) to encourage recruitment and appointment in the Armed Forces.

``Sec. 140403. Membership

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

``Sec. 140404. Governing body

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

``(b) Officers.--The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation and bylaws.

``Sec. 140405. Powers

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

``Sec. 140406. Restrictions

``(a) Stock and Dividends.--The corporation may not issue stock or declare or pay a dividend.

``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member of the corporation during the life of the charter granted by this chapter. This subsection does not prevent the payment of reasonable compensation to an officer or employee of the corporation or reimbursement for actual necessary expenses in amounts approved by the board of directors.

``(c) Loans.--The corporation may not make a loan to a director, officer, employee, or member of the corporation.

``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities.

``(e) Corporate Status.--The corporation shall maintain its status as a corporation incorporated under the laws of the Commonwealth of Virginia.

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

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

``Sec. 140408. Records and inspection

``(a) Records.--The corporation shall keep--

``(1) correct and complete records of account;

``(2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and

``(3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation.

``(b) Inspection.--A member entitled to vote on any matter relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose at any reasonable time.

``Sec. 140409. Service of process

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

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

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

``Sec. 140411. Annual report

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

``Sec. 140412. Definition

``In this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.''.

(b) Clerical Amendment.--The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1403 the following new item:

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

______

SA 1559. Mr. INHOFE (for himself, Mr. Roberts, Mr. Wicker, Mr. Bunning, Mr. Crapo, Mr. Cornyn, Mr. DeMint, Mr. Coburn, Mr. McConnell, Mr. Risch, Mr. Gregg, Mr. Barrasso, Mr. Bond, Mrs. Hutchison, Mr. Vitter, Mr. Bennett, Mr. Chambliss, Mr. Hatch, Mr. Brownback, Mr. Thune, Mr. Kyl, Mr. Enzi, Mr. Sessions, Mr. Burr, and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1059. PROHIBITION ON TRANSFER OF GUANTANAMO DETAINEES.

No department or agency of the United States may--

(1) transfer any detainee of the United States housed at Naval Station, Guantanamo Bay, Cuba, to any facility in the United States or its territories;

(2) construct, improve, modify, or otherwise enhance any facility in the United States or its territories for the purpose of housing any detainee described in paragraph (1); or

(3) permanently or temporarily house or otherwise incarcerate any detainee described in paragraph (1) in the United States or its territories.

______

SA 1560. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction; and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 508, between lines 15 and 16, insert the following:

SEC. 2005. TECHNICAL CORRECTIONS REGARDING CERTAIN MILITARY

CONSTRUCTION PROJECTS, NEW MEXICO.

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

Air Force: Inside the United States

----------------------------------------------------------------------------------------------------------------

Senate

State Installation Project Title Authorized

Amount

----------------------------------------------------------------------------------------------------------------

New Mexico............................ Holloman Air Force Base. Fire-Crash Rescue Station.... $0

----------------------------------------------------------------------------------------------------------------

Special Operations Command

----------------------------------------------------------------------------------------------------------------

Senate

State Installation Project Title Authorized

Amount

----------------------------------------------------------------------------------------------------------------

New Mexico............................ Cannon Air Force Base... SOF AC 130 Loadout Apron $6,000,000

Phase 1.....................

----------------------------------------------------------------------------------------------------------------

On page 523, in the table preceding line 1, in the item relating to Holloman Air Force Base, New Mexico, strike

``$15,900,000'' in the amount column and insert

``$5,500,000''.

On page 525, line 2, strike ``$1,746,821,000'' and insert

``$1,736,421,000''.

On page 525, line 5, strike ``$822,515,000'' and insert

``$812,115,000''.

On page 529, in the table preceding line 1 entitled

``Special Operations Command'', in the item relating to Cannon Air Force Base, New Mexico, strike ``$52,864,000'' in the amount column and insert ``$58,864,000''.

On page 531, line 16, strike ``$3,284,025,000'' and insert

``$3,290,025,000''.

On page 531, line 19, strike ``$963,373,000'' and insert

``$969,373,000''.

______

SA 1561. Mr. BINGAMAN (for himself and Mr. Alexander, Mr. Brown, Mr. Kennedy, Mr. Udall of Colorado, Mr. Voinovich, Ms. Murkowski, Mr. Udall of New Mexico, Ms. Cantwell, Mr. Reid, and Mr. Bond) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction; and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 3136. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY

EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM.

(a) In General.--Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended--

(1) in subsection (c), by inserting ``and subtitle B'' after ``this subtitle'' each place it appears;

(2) in subsection (d), by inserting ``and subtitle B'' after ``this subtitle'';

(3) in subsection (e), by inserting ``and subtitle B'' after ``this subtitle'' each place it appears;

(4) by redesignating subsection (g) as subsection (h); and

(5) by inserting after subsection (f) the following new subsection:

``(g) National Institute for Occupational Safety and Health Ombudsman.--In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B.''.

(b) Construction.--Except as specifically provided in subsection (g) of section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended by subsection (a) of this section, nothing in the amendments made by such subsection (a) shall be construed to alter or affect the duties and functions of the individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman to individuals making claims under subtitle B of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.).

______

SA 1562. Mr. MENENDEZ (for himself and Mr. Corker) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1211. RESTRICTIONS ON COALITION SUPPORT FUND

REIMBURSEMENTS.

(a) Limitation on Uses of Coalition Support Fund Reimbursements.--Coalition Support Fund reimbursements provided to the Government of Pakistan may only be provided for the following purposes:

(1) Military operations of the Government of Pakistan to destroy the terrorist threat and close the terrorist safe haven, known or suspected, in the Federally Administered Tribal Areas, the North West Frontier Province, and other regions of Pakistan.

(2) Military operations of the Government of Pakistan to protect United States and allied logistic operations in support of Operation Enduring Freedom or Operation Iraqi Freedom.

(b) Consultation With the Secretary of State.--The Secretary of Defense shall consult with the Secretary of State before providing any Coalition Support Fund reimbursements to the Government of Pakistan.

(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

``(B) A certification that the reimbursement--

``(i) is consistent with the national security interests of the United States; and

``(ii) will not adversely impact the balance of power in the region.''.

______

SA 1563. Mr. UDALL of New Mexico (for himself and Mr. Bingaman) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 573. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE OF

RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM

214).

Section 596 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is amended--

(1) by inserting ``(a) Election to Forward Certificate to VA Offices.--'' before ``The Secretary of Defense''; and

(2) by adding at the end the following new subsection:

``(b) Inclusion of Email Address.--The Secretary of Defense shall further modify the DD Form 214 in order to permit a member of the Armed Forces to include an email address on the form.''.

______

SA 1564. Mr. TESTER submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF DECEASED

MEMBERS OF THE UNIFORMED SERVICES TO ATTEND

MEMORIAL CEREMONIES.

(a) Allowances Authorized.--Subsection (a) of section 411f of title 37, United States Code, is amended--

(1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph (2):

``(2) The Secretary concerned may provide round trip travel and transportation allowances to eligible relatives of a member of the uniformed services who dies while on active duty in order that the eligible relatives may attend a memorial service for the deceased member that occurs at a location other than the location of the burial ceremony for which travel and transportation allowances are provided under paragraph (1). Travel and transportation allowances may be provided under this paragraph for travel of eligible relatives to only one memorial service for the deceased member concerned.''.

(b) Conforming Amendments.--Subsection (c) of such section is amended--

(1) by striking ``subsection (a)(1)'' the first place it appears and inserting ``paragraphs (1) and (2) of subsection

(a)''; and

(2) by striking ``subsection (a)(1)'' the second place it appears and inserting ``paragraph (1) or (2) of subsection

(a)''.

______

SA 1565. Mr. LAUTENBERG (for himself, Mr. Rockefeller, Mrs. Hutchison, Mr. Thune, and Mr. Wicker) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE --MARITIME ADMINISTRATION

SEC. --01. SHORT TITLE.

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

SEC. --02. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES,

AND CONTRACTING AUTHORITY.

Section 109 of title 49, United States Code, is amended--

(1) by striking the heading for subsection (h) and inserting the following:

``(h) Contracts, Cooperative Agreements, and Audits.--'';

(2) by striking the heading for paragraph (1) of subsection

(h) and inserting the following:

``(1) Contracts and cooperative agreements.--'';

(3) by striking ``make contracts'' in subsection (h)(1) and inserting ``make contracts and cooperative agreements'';

(4) by striking ``section and'' in subsection (h)(1)(A) and inserting ``section,'';

(5) by striking ``title 46;'' in subsection (h)(1)(A) and insert ``title 46, and all other Maritime Administration programs;''; and

(6) by redesignating subsection (i) as subsection (j) and inserting after subsection (h) the following:

``(i) Grant Administrative Expenses.--Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.''.

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

Section 6(a)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) and inserting the following:

``(C) The remainder, whether collected before or after the date of enactment of the Maritime Administration Authorization Act of 2010, shall be available to the Secretary to carry out the Program, as provided in subsection

(b) of this section or, if otherwise determined by the Maritime Administrator, for use in the preservation and presentation to the public of maritime heritage property of the Maritime Administration.''.

SEC. --04. LIQUIDATION OF UNUSED LEAVE BALANCE AT THE

MERCHANT MARINE ACADEMY.

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

SEC. --05. PERMANENT AUTHORITY TO HIRE ADJUNCT PROFESSORS AT

THE MERCHANT MARINE ACADEMY.

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

`` 51317. Adjunct professors

``(a) In General.--The Maritime Administrator may, subject to the availability of appropriations, contract with individuals as personal services contractors to provide services as adjunct professors at the United States Merchant Marine Academy, if the Maritime Administrator determines that there is a need for adjunct professors and the need is not of permanent duration.

``(b) Contract Requirements.--Each contract under this section--

``(1) shall be approved by the Maritime Administrator; and

``(2) shall be for a duration, including options, of not to exceed one year unless the Maritime Administration finds that exceptional circumstances justify an extension, which may not exceed one additional year.

``(c) Limitation on Number of Contractors.--In awarding contracts under this section, the Maritime Administrator shall ensure that not more than 25 individuals actively provide services in any one academic trimester, or equivalent, as contractors under subsection (a).

``(d) Existing Contracts.--Any contract entered into before the date of enactment of the Maritime Administration Authorization Act of 2010 for the services of an adjunct professor at the Academy shall remain in effect for the trimester (or trimesters) for which the services were contracted.''.

(b) Conforming Amendments.--

(1) The table of contents for chapter 513 of title 46, United States Code, is amended by adding at the end thereof the following:

``51317. Adjunct professors.''.

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

SEC. --06. USE OF MIDSHIPMAN FEES.

Section 51314 of title 46, United States Code, is amended--

(1) by striking ``1994.'' in subsection (b) and inserting

``1994, or for calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and U.S. Coast Guard license fees.''; and

(2) by adding at the end thereof the following:

``(c) Use and Accounting.--

``(1) Use.--Midshipman fees collected by the Academy shall be credited to the Maritime Administration's Operations and Training appropriations, to remain available until expended, for those expenses directly related to the purposes of the fees. Fees collected in excess of actual expenses may be returned to the midshipmen through a mechanism approved by the Maritime Administrator.

``(2) Accounting.--The Maritime Administration shall maintain a separate and detailed accounting of fee revenue and all associated expenses.''.

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

POLICY.

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

SEC. --08. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

Section 50302 of title 46, United States Code, is amended by adding at the end thereof the following:

``(c) Port Infrastructure Development Program.--

``(1) Establishment of program.--The Secretary of Transportation, through the Maritime Administration, shall establish a port infrastructure development program for the improvement of port facilities.

``(2) Authority of the administrator.--In order to carry out any program established under paragraph (1), the Maritime Administrator may--

``(A) receive funds provided for the program from non-Federal and private entities that have a specific agreement or contract with the Maritime Administration to further the purposes of this subsection;

``(B) coordinate with other Federal agencies to expedite the process established under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to relieve port congestion, to increase port security, or to provide greater access to port facilities;

``(C) seek to coordinate all reviews or requirements with appropriate local, State, and Federal agencies;

``(D) provide such technical assistance to port authorities or commissions or their subdivisions and agents as needed for project planning, design, and construction; and

``(E) encourage such public-private partnerships as may be necessary for the development of financial support of the project as the Administrator deems necessary.

``(3) Port infrastructure development fund.--

``(A) Establishment.--There is a Port Infrastructure Development Fund for use by the Administrator in carrying out the port infrastructure development program. The Fund shall be available to the Administrator--

``(i) to administer and carry out the program;

``(ii) to receive non-Federal and private funds from entities which have specific agreements or contracts with the Administrator; and

``(iii) to make refunds for projects that will not be completed.

``(B) Credits.--There shall be deposited into the Fund--

``(i) funds from non-Federal and private entities which have agreements or contracts with the Administrator and which shall remain in the Fund until expended;

``(ii) income from investments made pursuant to subparagraph (D); and

``(iii) such amounts as may be appropriated or transferred to the Fund under this subsection.

``(C) Transfers.--Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the program shall be transferred to the Fund and administered by the Administrator.

``(D) Investments.--Amounts in the Fund which are not currently needed for the program shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.

``(E) Administrative expenses.--Administrative and related expenses for the program for any fiscal year may not exceed 3 percent of the amount available to the program for that fiscal year.

``(F) Authorization of appropriations.--There are authorized to be appropriated to the Fund such sums as may be necessary to carry out the program, taking into account amounts received under subparagraph (A)(ii).''.

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

(a) In General.--Section 3 of Public Law 92 402 (16 U.S.C. 1220) is amended by adding at the end thereof the following:

``(d) Any territory, possession, or Commonwealth of the United States, and any foreign country, may apply to the Secretary for an obsolete vessel to be used for an artificial reef under this section. The application process and reefing of any such obsolete vessel shall be performed in a manner consistent with the process jointly developed by the Secretary of Transportation and the Administrator of the Environmental Protection Agency under section 3504(b) of Public Law 107-314 (16 U.S.C. 1220 note).''.

(b) Limitation.--Section 7 of Public Law 92 402 (16 U.S.C. 1220c-1) is amended by adding at the end thereof the following:

``(d) Limitation.--The Secretary may not provide assistance under this section to a foreign country to which an obsolete ship is transferred under this Act.''.

SEC. --10. STUDENT INCENTIVE PAYMENT AGREEMENTS.

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

SEC. --11. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE

PROGRAM RECEIPT, DISBURSEMENT, AND ACCOUNTING

FOR NON-APPROPRIATED FUNDS.

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

SEC. --12. AMERICA'S SHORT SEA TRANSPORTATION GRANTS FOR THE

DEVELOPMENT OF MARINE HIGHWAYS.

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

`` 55602. Short sea transportation grant program

``(a) In General.--The Secretary of Transportation shall establish and implement a short sea transportation grant program.

``(b) Purpose.--The purposes of the program are to make grants to States and other public entities and sponsors of short sea transportation projects designated by the Secretary--

``(1) to facilitate and support marine transportation initiatives at the State and local levels to facilitate commerce, mitigate landside congestion, reduce the transportation energy consumption, reduce harmful emissions, improve safety, assist in environmental mitigation efforts, and improve transportation system resiliency; and

``(2) to provide capital funding to address short sea transportation infrastructure and freight transportation needs for ports, vessels, and intermodal cargo facilities.

``(c) Eligible Projects.--To be eligible for a grant under the program, a project--

``(1) shall be designed to help relieve congestion, improve transportation safety, facilitate domestic and international trade, or encourage public-private partnerships; and

``(2) may include development, modification, and construction of marine and intermodal cargo facilities, vessels, port infrastructure and cargo handling equipment, and transfer facilities at ports.

``(d) Selection Process.--

``(1) Applications.--A State or other public entity, or the sponsor of any short sea transportation project designated by the Secretary under the America's Marine Highway Program

(MARAD Docket No. 2008-0096; 73 FR 59530), may submit an application to Secretary for a grant under the short sea transportation grant program. The application shall contain such information and assurances as the Secretary may require.

``(2) Priority.--In selecting projects for grants, the Secretary shall give priority to projects that are consistent with the objectives of the short sea transportation initiative and America's Marine Highway Program that will--

``(A) mitigate landside congestion;

``(B) provide the greatest public benefit in energy savings, reduced emissions, improved system resiliency, and improved safety;

``(C) include and demonstrate the greatest environmental responsibility; and

``(D) provide savings as an alternative to or means to avoid highway or rail transportation infrastructure construction and maintenance.

``(e) Use of Grant Funds.--Funds made available to a recipient of a grant under this section shall be used by the recipient for the project described in the application of the recipient approved by the Secretary.''.

(b) Clerical Amendment.--The table of contents for chapter 556 of title 46, United States Code, is amended--

(1) by redesignating the items relating to sections 55602 through 55605 as relating to section 55603 through 55606; and

(2) by inserting after the item relating to section 55601 the following:

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

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

(a) Definitions.--In this section:

(1) Marine transportation system.--The term ``marine transportation system'' means the navigable water transportation system of the United States, including the vessels, ports (and intermodal connections thereto), and shipyards and other vessel repair facilities that are components of that system.

(2) Marine view system.--The term ``Marine View system'' means the information system of the Maritime Administration known as Marine View.

(b) Findings.--Congress finds the following:

(1) Information regarding the marine transportation system is comprised of information from the Government of the United States and from commercial sources.

(2) Marine transportation system information includes information regarding waterways, bridges, locks, dams, and all intermodal components that are dependent on maritime transportation and accurate information regarding marine transportation is critical to the health of the United States economy.

(3) Numerous challenges face the marine transportation system, including projected growth in cargo volumes, international competition, complexity, cooperation, and the need for improved efficiency.

(4) There are deficiencies in the current information environment of the marine transportation system, including the inability to model the entire marine transportation system to address capacity planning, disaster planning, and disaster recovery.

(5) The current information environment of the marine transportation system contains multiple unique systems that are duplicative, not integrated, not able to be shared, not secure, or that have little structured privacy protections, not protected from loss or destruction, and will not be available when needed.

(6) There is a lack of system-wide information views in the marine transportation system.

(7) The Administrator of the Maritime Administration is uniquely positioned to develop and execute the role of marine transportation system information advocate, to serve as the focal point for marine transportation system information management, and to provide a robust information infrastructure to identify, collect, secure, protect, store, and deliver critical information regarding the marine transportation system.

(1) to expand the Marine View system; and

(2) to provide support for the strategic requirements of the marine transportation system and its contribution to the economic viability of the United States.

(d) Expansion of Marine View System.--To accomplish the purposes of this section, the Secretary of Transportation shall expand the Marine View system so that such system is able to identify, collect, integrate, secure, protect, store, and securely distribute throughout the marine transportation system information that--

(1) provides access to many disparate marine transportation system data sources;

(2) enables a system-wide view of the marine transportation system;

(3) fosters partnerships between the Government of the United States and private entities;

(4) facilitates accurate and efficient modeling of the entire marine transportation system environment;

(5) monitors and tracks threats to the marine transportation system, including areas of severe weather or reported piracy; and

(6) provides vessel tracking and rerouting, as appropriate, to ensure that the economic viability of the United States waterways is maintained.

(e) Agreements and Contracts.--The Administrator of the Maritime Administration may enter into cooperative agreements, partnerships, contracts, or other agreements with industry or other Federal agencies to carry out this section.

(f) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2010 through 2013 to carry out this section.

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

2010.

(a) In General.--There are authorized to be appropriated to the Secretary of Transportation, for the use of the Maritime Administration, for fiscal year 2010 the following amounts:

(1) For expenses necessary for operations and training activities, $152,900,000, of which--

(A) $74,448,000 shall remain available until expended for expenses at the United States Merchant Marine Academy, of which $15,391,000 shall be available for the capital improvement program; and

(B) $11,240,000 which shall remain available until expended for maintenance and repair of school ships at the State Maritime Academies.

(2) For expenses to maintain and preserve a United States-flag merchant fleet to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $174,000,000.

(3) For paying reimbursement under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note),

$19,500,000.

(4) For expenses to dispose of obsolete vessels in the National Defense Reserve Fleet, including provision of assistance under section 7 of Public Law 92-402, $15,000,000.

(5) For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program authorized by chapter 537 of title 46, United States Code, $30,000,000.

(6) For administrative expenses related to the implementation of the loan guarantee program under chapter 537 of title 46, United States Code, administrative expenses related to implementation of the reimbursement program under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note), and administrative expenses related to the implementation of the small shipyards and maritime communities assistance program under section 54101 of title 46, United States Code, $6,000,000.

(b) Availability.--Amounts appropriated pursuant to subsection (a) shall remain available, as provided in appropriations Acts, until expended.

______

SA 1566. Mr. INOUYE submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 2832. LAND CONVEYANCES OF CERTAIN PARCELS IN THE CAMP

CATLIN AND OHANA NUI AREAS, PEARL HARBOR,

HAWAII.

(a) Requirement.--In the event the Secretary of the Navy

(``the Secretary'') determines that certain parcels of real property under the jurisdiction of the Secretary and located at the Camp Catlin and Ohana Nui areas, Hawaii (``the property''), are excess to the needs of the Department of the Navy, the Secretary may offer to any person or entity leasing or licensing such property or any portion thereof as of the date of the enactment of this Act (``the lessee'') the right to purchase all right, title, and interest of the United States in and to the portion of the property respectively leased or licensed by such person or entity in exchange for payment of not less than the fair market value of such property or any portion thereof, before the property or portion thereof is made available for transfer pursuant to the Hawaiian Home Lands Recovery Act (title II of Public Law 104-42; 109 Stat. 357), for use by any other Federal agency, or for disposal under applicable laws.

(b) Exercise of Right To Purchase Property.--

(1) Acceptance of offer.--For a period of 180 days beginning on the date the Secretary makes a written offer to sell the property or any portion thereof under subsection

(a), the lessee shall have the exclusive right to accept such offer by providing written notice of acceptance to the Secretary within the specified 180-day time period. If the Secretary's offer is not so accepted within the 180-day period, the offer shall expire and the property may be disposed of in accordance with laws, regulations, and procedures otherwise applicable to administration and disposal of excess military property.

(2) Conveyance deadline.--If a lessee accepts the offer to purchase the property or a portion thereof in accordance with paragraph (1), the conveyance shall take place not later than 2 years after the date of the lessee's written acceptance, provided that the conveyance date may be extended for a reasonable period of time by mutual agreement of the parties, evidenced by a written instrument executed by the parties prior to the end of the 2-year period. If the lessee's lease or license term expires before the conveyance is completed, the Secretary may extend the lease or license term up to the date of conveyance, provided that the lessee shall be required to pay for such extended term at the rate in effect at the time it was declared excess property.

(c) Consideration and Other Terms.--A conveyance to a lessee under this section shall be at fair market value of the property or portion thereof to be conveyed, as determined by the Secretary, and shall be subject to such other terms, conditions, and limitations as the Secretary may deem appropriate to protect the interests of the United States. The proceeds of any such conveyance shall be deposited in the special account referred to in section 572(b)(5) of title 40, United States Code, and shall be available for the uses and under the conditions provided for funds deposited into that account.

(d) Inapplicability of Certain Property Management and Disposal Laws.--Fee conveyances to lessees under this section shall not be subject to the following provisions of law:

(1) Section 2696 of title 10, United States Code.

(2) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

(3) Section 572 of title 40, United States Code.

______

SA 1567. Mr. BROWN submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 512. MODIFICATION OF CERTAIN RETIREMENT PAY AND GRADE

AUTHORITIES FOR SERVICES PERFORMED AFTER

ELIGIBILITY FOR RETIREMENT.

(a) Election to Receive Retired Pay for Non-Regular Service Upon Retirement for Service in an Active Reserve Status Performed After Attaining Eligibility for Regular Retirement.--

(1) Election authority; requirements.--Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows:

``(a) Authority To Elect To Receive Reserve Retired Pay.--

(1) A person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 867 of this title, if--

``(A) the person satisfies the requirements specified in paragraphs (1) and (2) of section 12731(a) of this title for entitlement to retired pay under this chapter;

``(B) the person served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title

(without regard to whether the person actually retired or received retired or retainer pay under one of those chapters);

``(C) the person completed not less than two years of service in such active status (excluding any period of active service); and

``(D) the service of the person in such active status is determined by the Secretary concerned to have been satisfactory.

``(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1)(C) in the case of a person who--

``(A) completed at least six months of service in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and

``(B) failed to complete the minimum two years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.''.

(2) Actions to effectuate election.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph:

``(1) terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and''.

(3) Conforming amendment to reflect new variable age requirement for retirement.--Subsection (d) of such section is amended--

(A) in paragraph (1), by striking ``attains 60 years of age'' and inserting ``attains the eligibility age applicable to the person under section 12731(f) of this title''; and

(B) in paragraph (2)(A), by striking ``attains 60 years of age'' and inserting ``attains the eligibility age applicable to the person under such section''.

(4) Repeal of restriction on election to receive reserve retired pay.--Section 12731(a) of such title is amended--

(A) by inserting ``and'' at the end of paragraph (2);

(B) by striking ``; and'' at the end of paragraph (3) and inserting a period; and

(5) Clerical amendments.--

(A) Section heading.--The heading for section 12741 of such title is amended to read as follows:

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

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

``12741. Retirement for service in an active status performed in the

Selected Reserve of the Ready Reserve after eligibility for regular retirement.''.

(6) Retroactive applicability.--The amendments made by this subsection shall take effect as of January 1, 2008.

(b) Recomputation of Retired Pay and Adjustment of Retired Grade of Reserve Retirees to Reflect Service After Retirement.--

(1) Recomputation.--Section 10145 of title 10, United States Code, is amended by adding at the end the following new subsection:

``(e)(1) If a member of the Retired Reserve is recalled to an active status under subsection (d) in the Selected Reserve of the Ready Reserve and completes not less than two years of service in such active status, the member is entitled to--

``(A) the recomputation of the retired pay of the member determined under section 12739 of this title; and

``(B) in the case of a commissioned officer, an adjustment in the retired grade of the member in the manner provided in section 1370 of this title.

``(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who--

``(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general;

``(B) completes at least six months of service in such position; and

``(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.''.

(2) Retroactive applicability.--The amendment made by this subsection shall take effect as of January 1, 2008.

______

SA 1568. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 508, between lines 15 and 16, insert the following:

SEC. 2005. TECHNICAL CORRECTIONS REGARDING MILITARY

CONSTRUCTION PROJECT, CANNON AIR FORCE BASE,

NEW MEXICO.

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

Special Operations Command

----------------------------------------------------------------------------------------------------------------

Senate

State Installation Project Title Authorized

Amount

----------------------------------------------------------------------------------------------------------------

New Mexico............................ Cannon Air Force Base... SOF AC 130 Loadout Apron $6,000,000

Phase 1.....................

----------------------------------------------------------------------------------------------------------------

Energy Conservation Projects, Defense-wide

------------------------------------------------------------------------

Senate

Location Project Title Authorized

Amount

------------------------------------------------------------------------

Unspecified Worldwide.......... Energy Conservation $117,013,000

Improvement Program..

------------------------------------------------------------------------

On page 529, in the table preceding line 1 entitled

``Special Operations Command'', in the item relating to Cannon Air Force Base, New Mexico, strike ``$52,864,000'' in the amount column and insert ``$58,864,000''.

On page 531, line 8, strike ``$123,013,000'' and insert

``$117,013,000''.

On page 531, line 19, strike ``$963,373,000'' and insert

``$969,373,000''.

On page 532, line 11, strike ``$123,013,000'' and insert

``$117,013,000''.

______

SA 1569. Mr. BURRIS submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT

TRAINING RANGES.

Section 366(a)(5) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 113 note) is amended--

(1) by striking ``(5) At the same time'' and inserting

``(5)(A) At the same time''; and

(2) by adding at the end the following new subparagraph:

``(B) Beginning with the report submitted to Congress at the same time as the President submits the budget for fiscal year 2011, the report required under this subsection shall include the following:

``(i) An assessment of the extent to which vegetation and overgrowth limits the use of military lands available for training of the Armed Forces in the United States and overseas.

``(ii) Identification of the particular installations and training areas at which vegetation and overgrowth negatively impact the use of training space.

``(iii)(I) As part of the first such report submitted, a plan to address training constraints caused by vegetation and overgrowth.

``(II) As part of each subsequent report, any necessary updates to such plan.''.

______

SA 1570. Mr. FRANKEN submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 573. ENHANCEMENT OF CERTIFICATE OF RELEASE OR DISCHARGE

FROM ACTIVE DUTY (DD FORM 214).

The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a current electronic mail address (if any) and a current telephone number as information requested of a member of the Armed Forces by the form. Such information shall be provided only with the consent of the member of the Armed Forces.

______

SA 1571. Mr. JOHANNS (for himself, Mr. Bunning, Mr. Crapo, Mr. Inhofe, Mr. Martinez, Mr. Bond, Mr. Coburn, Mr. Bennett, Mr. Kyl, and Mr. Roberts) submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1232. SENSE OF THE SENATE ON THE IMPLEMENTATION OF THE

UNITED STATES-COLOMBIA TRADE PROMOTION

AGREEMENT.

It is the sense of the Senate that--

(1) the successes achieved by the President of Colombia, Alvaro Uribe, in rebuilding the Government of Colombia, strengthening the institutions of Colombia, and solidifying the rule of law in Colombia are historic;

(2) President Uribe, the Government of Colombia, and the security forces of Colombia should be congratulated for significant successes in fighting the Revolutionary Armed Forces of Colombia (FARC);

(3) the close ties between the United States and Colombia in the fight against illicit narcotics, terrorism, and transnational crime should be recognized;

(4) the United States-Colombia Trade Promotion Agreement is enormously advantageous for workers, businesses, and farmers in the United States, who would be able to export goods to Colombia duty-free;

(5) it is in the security, economic, and diplomatic interests of the United States to deepen the relationship between the United States and Colombia; and

(6) the United States should implement the United States-Colombia Trade Promotion Agreement immediately.

______

SA 1572. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 652. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY

PURPOSES OF SERVICE AS MEMBER OF ALASKA

TERRITORIAL GUARD DURING WORLD WAR II.

(a) In General.--Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) shall be treated as active service for purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as applicable, of the retired pay to which such individual may be entitled under title 10, United States Code.

(b) Applicability.--Subsection (a) shall apply with respect to amounts of retired pay payable under title 10, United States Code, for months beginning on or after the date of the enactment of this Act. No retired pay shall be paid to any individual by reason of subsection (a) for any period before that date.

``World War II'' has the meaning given that term in section 101(8) of title 38, United States Code.

______

SA 1573. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

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

(a) Conveyance Authorized.--The Secretary of the Army may convey to the Chilkoot Indian Association (in this section referred to as the ``Association'') all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 201 acres located at the former Haines Fuel Terminal (also known as the Haines Tank Farm) in Haines, Alaska, for the purpose of permitting the Association to develop a Deep Sea Port and for other industrial and commercial development purposes. To the extent practicable, the Secretary is encouraged to complete the conveyance by September 30, 2013, but not prior to the date of completion of all obligations referenced in subsection (e).

(b) Consideration.--As consideration for the conveyance under subsection (a), the Association shall pay to the Secretary an amount equal to the fair market value of the property, as determined by the Secretary. The determination of the Secretary shall be final. At the election of the Secretary, the Secretary may accept in-kind consideration in lieu of all or a portion of the cash payment.

(c) Reversionary Interest.--If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance, all right, title, and interest in and to such real property, including any improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

(d) Payment of Costs of Conveyances.--

(1) Payment required.--The Secretary shall require the Association to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Association in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Association.

(2) Treatment of amounts received.--Amounts received as reimbursements under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(e) Savings Provision.--The Haines Tank Farm is currently under a remedial investigation (RI) for petroleum, oil and lubricants contamination. Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(f) Description of Property.--The exact acreage and legal description of the real property to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.

(g) Additional Term and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States.

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SA 1574. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 635. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF

MEMBERS ON CHANGE OF PERMANENT STATION TO OR

FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL

UNITED STATES.

(a) Authority to Transport Additional Motor Vehicle.--Subsection (a) of section 2634 of title 10, United States Code, is amended--

(1) by striking the sentence following paragraph (4);

(2) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D), respectively;

(3) by inserting ``(1)'' after ``(a)''; and

(4) by adding at the end the following new paragraph:

``(2) One additional motor vehicle of a member (or a dependent of the member) may be transported as provided in paragraph (1) if--

``(A) the member is ordered to make a change of permanent station to or from a nonforeign area outside the continental United States and the member has at least one dependent of driving age who will use the motor vehicle; or

``(B) the Secretary concerned determines that a replacement for the motor vehicle transported under paragraph (1) is necessary for reasons beyond the control of the member and is in the interest of the United States and the Secretary approves the transportation in advance.''.

(b) Technical and Conforming Amendments.--Such subsection is further amended--

(1) by striking ``his dependents'' and inserting ``a dependent of the member'';

(2) by striking ``him'' and inserting ``the member'';

(3) by striking ``his)'' and inserting ``the member)'';

(4) by striking ``his new'' and inserting ``the member's new''; and

(5) in paragraph (1)(C), as redesignated by subsection

(a)--

(A) by striking ``clauses (1) and (2)'' and inserting

``subparagraphs (A) and (B)''; and

(B) by inserting ``or'' after the semicolon.

(c) Effective Date.--Paragraph (2)(A) of subsection (a) of section 2634 of title 10, United States Code, as added by subsection (a)(4), shall apply with respect to orders issued on or after the date of the enactment of this Act for members of the Armed Forces to make a change of permanent station to or from nonforeign areas outside the continental United States.

(d) Offsets.--

(1) Defense transformation agency r&d activities.--The amount authorized to be appropriated by section 201(a)(4) for research, development, test, and evaluation for Defense-wide activities is hereby decreased by $15,000,000, with the amount of the decrease to be derived from amounts available for Business Transformation Agency R&D Activities (PE# 0605020BTA) and allocated to the Defense Travel System.

(2) Energy conservation improvement program.--

(A) Total amount for military construction, defense-wide.--The total amount authorized to be appropriated by section 2404(a) for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) is hereby decreased by $23,000,000.

(B) Energy conservation projects.--

(i) Reduced authority.--The amount authorized for energy conservation projects under section 2403 is hereby decreased by $23,000,000.

(ii) Reduced authorization of appropriations.--The amount authorized to be appropriated by section 2404(a)(6) for energy conservation projects is hereby decreased by

$23,000,000, with the amount of such decrease to be derived from amounts available for the Energy Conservation Improvement Program.

____________________

SOURCE: Congressional Record Vol. 155, No. 106

“TEXT OF AMENDMENTS” published by the Congressional Record on July 15, 2009

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