To clarify that the amendment shall not be construed or applied to infringe on First Amendment rights.

SA 1610. Mr. BROWNBACK submitted an amendment intended to be proposed
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:

Strike page 16, line 24 through page 17, line 7 and insert
the following:

SEC. ___. CONSTRUCTION AND APPLICATION.

Nothing in this division, or an amendment made by this
division, shall be construed or applied in a manner that
infringes on any rights under the first amendment to the
Constitution of the United States, or substantially burdens
any exercise of religion (regardless of whether compelled by,
or central to, a system of religious belief), speech,
expression, association, if such exercise of religion,
speech, expression, or association was not intended to--
(1) plan or prepare for an act of physical violence; or
(2) incite an imminent act of physical violence against
another.
______