[Congressional Record Volume 155, Number 109 (Monday, July 20, 2009)]
[Senate]
[Pages S7705-S7719]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1619. Mr. UDALL of Colorado 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 order to lie on the table; as 
follows:

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

     SEC. __. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS FOR 
                   MANAGEMENT OF ENERGY DEMAND OR REDUCTION OF 
                   ENERGY USAGE DURING PEAK PERIODS.

       (a) In General.--Subchapter I of chapter 173 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2919. Department of Defense participation in programs 
       for management of energy demand or reduction of energy 
       usage during peak periods

       ``(a) Participation in Demand Response or Load Management 
     Programs.--The Secretary of Defense, the Secretaries of the 
     military departments, the heads of the Defense Agencies, and 
     the heads of other instrumentalities of the Department of 
     Defense are authorized to participate in demand response 
     programs for the management of energy demand or the reduction 
     of energy usage during peak periods conducted by any of the 
     following parties:
       ``(1) An electric utility
       ``(2) An independent system operator.
       ``(3) A State agency.
       ``(4) A third party entity (such as a demand response 
     aggregator or curtailment service provider) implementing 
     demand response programs on behalf of an electric utility, 
     independent system operator, or State agency.
       ``(b) Treatment of Certain Financial Incentives.--Financial 
     incentives received from an entity specified in subsection 
     (a) shall be received in cash and deposited into the Treasury 
     as a miscellaneous receipt. Amounts received shall be 
     available for obligation only to the extent provided in 
     advance in an appropriations Act. The Secretary concerned or 
     the head of the Defense Agency or other instrumentality, as 
     the case may be, shall pay for the cost of the design and 
     implementation of these services in full in the year in which 
     they are received from amounts provided in advance in an 
     appropriations Act.
       ``(c) Use of Certain Financial Incentives.--Of the amounts 
     derived from financial incentives awarded to a military 
     installation as described in subsection (b) and provided for 
     in advance by an appropriations Act--
       ``(1) not less than 100 percent shall be made available for 
     use at such military installation; and
       ``(2) not less than 30 percent shall be made available for 
     energy management initiatives at such installation.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``2919. Department of Defense participation in programs for management 
              of energy demand or reduction of energy usage during peak 
              periods.''.
                                 ______
                                 
  SA 1620. 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 VIII, add the following:

     SEC. 838. SMALL BUSINESS CONTRACTING PROGRAMS PARITY.

       Section 31(b)(2)(B) of the Small Business Act (15 U.S.C. 
     657a(b)(2)(B)) is amended by striking ``shall'' and inserting 
     ``may''.
                                 ______
                                 
  SA 1621. Mrs. SHAHEEN (for herself, Mr. Johanns, Mr. Kaufman, and Mr. 
Begich) submitted an amendment intended to be proposed by her to the 
bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 161, after line 23, add the following:

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

         Section 582 of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 10101 note) 
     is amended--
       (1) in subsection (h)--
       (A) by striking paragraph (3); and
       (B) by redesignating paragraphs (4) through (15) as 
     paragraphs (3) through (14), respectively; and
       (2) by adding at the end the following new subsection:
       ``(i) Suicide Prevention and Community Healing and Response 
     Program.--
       ``(1) Establishment.--As part of the Yellow Ribbon 
     Reintegration Program, the Office for Reintegration Programs 
     shall establish a program to provide National Guard

[[Page S7706]]

     and Reserve members and their families, and in coordination 
     with community programs, assist the communities, with 
     training in suicide prevention and community healing and 
     response to suicide.
       ``(2) Design.--In establishing the program under paragraph 
     (1), the Office for Reintegration Programs shall consult 
     with--
       ``(A) persons that have experience and expertise with 
     combining military and civilian intervention strategies that 
     reduce risk and promote healing after a suicide attempt or 
     suicide death for National Guard and Reserve members; and
       ``(B) the adjutant general of each State, the Commonwealth 
     of Puerto Rico, the District of Columbia, Guam, and the 
     Virgin Islands.
       ``(3) Operation.--
       ``(A) Suicide prevention training.--The Office for 
     Reintegration Programs shall provide National Guard and 
     Reserve members with training in suicide prevention. Such 
     training shall include--
       ``(i) describing the warning signs for suicide and teaching 
     effective strategies for prevention and intervention;
       ``(ii) examining the influence of military culture on risk 
     and protective factors for suicide; and
       ``(iii) engaging in interactive case scenarios and role 
     plays to practice effective intervention strategies.
       ``(B) Community healing and response training.--The Office 
     for Reintegration Programs shall provide the families and 
     communities of National Guard and Reserve members with 
     training in responses to suicide that promote individual and 
     community healing. Such training shall include--
       ``(i) enhancing collaboration among community members and 
     local service providers to create an integrated, coordinated 
     community response to suicide;
       ``(ii) communicating best practices for preventing suicide, 
     including safe messaging, appropriate memorial services, and 
     media guidelines;
       ``(iii) addressing the impact of suicide on the military 
     and the larger community, and the increased risk that can 
     result; and
       ``(iv) managing resources to assist key community and 
     military service providers in helping the families, friends, 
     and fellow soldiers of a suicide victim through the processes 
     of grieving and healing.
       ``(C) Collaboration with centers of excellence.--The Office 
     for Reintegration Programs, in consultation with the Defense 
     Centers of Excellence for Psychological Health and Traumatic 
     Brain Injury, shall collect and analyze `lessons learned' and 
     suggestions from State National Guard and Reserve 
     organizations with existing or developing suicide prevention 
     and community response programs.''.
                                 ______
                                 
  SA 1622. Mr. KERRY (for himself and Mr. Risch) 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 VII, add the following:

     SEC. 713. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS.

       (a) In General.--Subsection (d) of section 1074 of title 
     10, United States Code, is amended to read as follows:
       ``(d)(1) For the purposes of this chapter, a member of a 
     reserve component of the armed forces who is issued a 
     delayed-effective-date active-duty order, is covered by such 
     an order, or is issued an official notification shall be 
     treated as being on active duty for a period of more than 30 
     days beginning on the later of the following dates:
       ``(A) The earlier of the date that is--
       ``(i) the date of the issuance of such order; or
       ``(ii) the date of the issuance of such official 
     notification.
       ``(B) The date that is 180 days before the date on which 
     the period of active duty is to commence under such order or 
     official notification for that member.
       ``(2) In this subsection--
       ``(A) the term `delayed-effective-date active-duty order' 
     means an order to active duty for a period of more than 30 
     days in support of a contingency operation under a provision 
     of law referred to in section 101(a)(13)(B) of this title 
     that provides for active-duty service to begin under such 
     order on a date after the date of the issuance of the order; 
     and
       ``(B) the term `official notification' means a memorandum 
     from the Secretary concerned that notifies a unit or a member 
     of a reserve component of the armed forces that such unit or 
     member will receive a delayed-effective-date active-duty 
     order.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to delayed-effective-date active-
     duty orders and official notifications (as such terms are 
     defined in section 1074(d)(2) of title 10, United States 
     Code, as amended by subsection (a)) issued on or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1623. Mr. COBURN 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 479, between lines 18 and 19, insert the following:

     SEC. 1222. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 
                   UNITED NATIONS.

       Section 1225 of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007 (Public Law 109-364; 
     120 Stat. 2424) is amended--
       (1) in subsection (a), by striking ``until December 31, 
     2010, the President shall submit'' and inserting ``(but not 
     later than the first of each May), the Director of the Office 
     of Management and Budget shall submit'';
       (2) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(4) A listing of each United States agency, department, 
     or entity that provides assessed or voluntary contributions 
     to the United Nations through grants, contracts, subgrants, 
     or subcontracts that is not fully compliant with the 
     requirements to post such funding information for the fiscal 
     year covered by such report on the website `USAspending.gov', 
     as required by the Federal Funding Accountability and 
     Transparency Act (Public Law 109-282; 31 U.S.C. 6101 
     note).''; and
       (3) by adding at the end the following new subsection:
       ``(c) Public Availability of Information.--The Director of 
     the Office of Management and Budget shall post a public 
     version of each report submitted under subsection (a) on a 
     text-based searchable and publicly available Internet 
     website.''.
                                 ______
                                 
  SA 1624. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON DEFENSE TRAVEL SIMPLIFICATION.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth a comprehensive plan to simplify defense travel.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) Critical review of opportunities to streamline and 
     simplify defense travel policies and to reduce travel-related 
     costs to the Department of Defense.
       (2) Options to leverage industry capabilities that could 
     enhance management responsiveness to changing markets.
       (3) A discussion of pilot programs that could be undertaken 
     to prove the merit of improvements identified in 
     accomplishing actions specified in paragraphs (1) and (2).
       (4) Such recommendations and an implementation plan for 
     legislative or administrative action as the Secretary of 
     Defense considers appropriate to improve defense travel.
                                 ______
                                 
  SA 1625. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. GUIDELINES FOR HATE-CRIMES OFFENSES.

       Section 249(a) of title 18, United States Code, as added by 
     section ___ of this Act, is amended by adding at the end the 
     following:
       ``(4) Guidelines.--All prosecutions conducted by the United 
     States under this section shall be undertaken pursuant to 
     guidelines issued by the Attorney General, or the designee of 
     the Attorney General, to be included in the United States 
     Attorneys' Manual that shall establish neutral and objective 
     criteria for determining whether a crime was committed 
     because of the actual or perceived status of any person.''.
                                 ______
                                 
  SA 1626. Mr. McCAIN 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

[[Page S7707]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 590, between lines 9 and 10, insert the following:

     SEC. 31__. TERMINATION OF FINANCIAL ASSISTANCE TO STATE OF 
                   NEVADA.

       Section 116(c)(4)(A) of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10136(c)(4)(A)) is amended--
       (1) in the matter preceding clause (i), by striking ``the 
     expiration of the 1-year period following'';
       (2) in clause (ii), by striking ``; or'' and inserting a 
     semicolon;
       (3) by redesignating clause (iii) as clause (iv); and
       (4) by inserting after clause (ii) the following:
       ``(iii) the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2010; or''.
                                 ______
                                 
  SA 1627. Mr. LIEBERMAN (for himself, Mr. McCain, Ms. Snowe, Mr. Reed, 
Mr. Dodd, Mr. Inhofe, Mrs. Hutchison, Ms. Collins, Mr. Kyl, and Mr. 
Cornyn) submitted an amendment intended to be proposed by him to the 
bill S. 1390, to authorize appropriations for fiscal year 2010 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 39, strike lines 4 through 17, and insert the 
     following:

     SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE 
                   PROPULSION SYSTEM FOR THE F-35 JOINT STRIKE 
                   FIGHTER PROGRAM; INCREASE IN FUNDING FOR 
                   PROCUREMENT OF UH-1Y/AH-1Z ROTARY WING AIRCRAFT 
                   AND FOR MANAGEMENT RESERVES FOR THE F-35 JOINT 
                   STRIKE FIGHTER PROGRAM.

       (a) Limitation on Use of Funds for an Alternative 
     Propulsion System for the F-35 Joint Strike Fighter 
     Program.--None of the funds authorized to be appropriated or 
     otherwise made available by this Act may be obligated or 
     expended for the development or procurement of an alternate 
     propulsion system for the F-35 Joint Strike Fighter program 
     until the Secretary of Defense submits to the congressional 
     defense committees a certification in writing that the 
     development and procurement of the alternate propulsion 
     system--
       (1) will--
       (A) reduce the total life-cycle costs of the F-35 Joint 
     Strike Fighter program; and
       (B) improve the operational readiness of the fleet of F-35 
     Joint Strike Fighter aircraft; and
       (2) will not--
       (A) disrupt the F-35 Joint Strike Fighter program during 
     the research, development, and procurement phases of the 
     program; or
       (B) result in the procurement of fewer F-35 Joint Strike 
     Fighter aircraft during the life cycle of the program.
       (b) Additional Amount for UH-1Y/AH-1Z Rotary Wing 
     Aircraft.--The amount authorized to be appropriated by 
     section 102(a)(1) for aircraft procurement for the Navy is 
     increased by $282,900,000, with the amount of the increase to 
     be allocated to amounts available for the procurement of UH-
     1Y/AH-1Z rotary wing aircraft.
       (c) Restoration of Management Reserves for F-35 Joint 
     Strike Fighter Program.--
       (1) Navy joint strike fighter.--The amount authorized to be 
     appropriated by section 201(a)(2) for research, development, 
     test, and evaluation for the Navy is hereby increased by 
     $78,000,000, with the amount of the increase to be allocated 
     to amounts available for the Joint Strike Fighter program (PE 
     # 0604800N) for management reserves.
       (2) Air force joint strike fighter.--The amount authorized 
     to be appropriated by section 201(a)(3) for research, 
     development, test, and evaluation for the Air Force is hereby 
     increased by $78,000,000, with the amount of the increase to 
     be allocated to amounts available for the Joint Strike 
     Fighter program (PE # 0604800F) for management reserves.
       (d) Offsets.--
       (1) Navy joint strike fighter f136 development.--The amount 
     authorized to be appropriated by section 201(a)(2) for 
     research, development, test, and evaluation for the Navy is 
     hereby decreased by $219,450,000, with the amount of the 
     decrease to be derived from amounts available for the Joint 
     Strike Fighter (PE # 0604800N) for F136 development.
       (2) Air force joint strike fighter f136 development.--The 
     amount authorized to be appropriated by section 201(a)(3) for 
     research, development, test, and evaluation for the Air Force 
     is hereby decreased by $219,450,000, with the amount of the 
     decrease to be derived from amounts available for the Joint 
     Strike Fighter (PE # 0604800F) for F136 development.
                                 ______
                                 
  SA 1628. Mr. KYL (for himself, Mr. Lieberman, Mr. Bayh, and Mr. 
McCain) 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 IMPOSING SANCTIONS WITH 
                   RESPECT TO THE ISLAMIC REPUBLIC OF IRAN.

       (a) Findings.--The Senate makes the following findings:
       (1) The illicit nuclear activities of the Government of the 
     Islamic Republic of Iran, combined with its development of 
     unconventional weapons and ballistic missiles and support for 
     international terrorism, represent a grave threat to the 
     security of the United States and United States allies in 
     Europe, the Middle East, and around the world.
       (2) The United States and other responsible countries have 
     a vital interest in working together to prevent the 
     Government of the Islamic Republic of Iran from acquiring a 
     nuclear weapons capability.
       (3) As President Barack Obama said, ``Iran obtaining a 
     nuclear weapon would not only be a threat to Israel and a 
     threat to the United States, but would be profoundly 
     destabilizing in the international community as a whole and 
     could set off a nuclear arms race in the Middle East that 
     would be extraordinarily dangerous for all concerned, 
     including for Iran.''.
       (4) The International Atomic Energy Agency has repeatedly 
     called attention to the illicit nuclear activities of the 
     Islamic Republic of Iran, and, as a result, the United 
     Nations Security Council has adopted a range of sanctions 
     designed to encourage the Government of the Islamic Republic 
     of Iran to cease those activities and comply with its 
     obligations under the Treaty on Non-Proliferation of Nuclear 
     Weapons, done at Washington, London, and Moscow July 1, 1968, 
     and entered into force March 5, 1970 (commonly known as the 
     ``Nuclear Non-Proliferation Treaty'').
       (5) The Department of the Treasury has imposed sanctions on 
     several Iranian banks, including Bank Melli, Bank Saderat, 
     Bank Sepah, and Bank Mellat, for their involvement in 
     proliferation activities or support for terrorist groups.
       (6) The Central Bank of Iran, the keystone of Iran's 
     financial system and its principal remaining lifeline to the 
     international banking system, has engaged in deceptive 
     financial practices and facilitated such practices among 
     banks involved in proliferation activities or support for 
     terrorist groups, including Bank Sepah and Bank Melli, in 
     order to evade sanctions imposed by the United States and the 
     United Nations.
       (7) On April 8, 2009, the United States formally extended 
     an offer to engage in direct diplomacy with the Government of 
     the Islamic Republic of Iran through negotiations with the 
     five permanent members of the United States Security Council 
     and Germany (commonly referred to as the ``P5-plus-1 
     process''), in the hope of resolving all outstanding disputes 
     between the Islamic Republic of Iran and the United States.
       (8) The Government of the Islamic Republic of Iran has yet 
     to make a formal reply to the April 8, 2009, offer of direct 
     diplomacy by the United States or to engage in direct 
     diplomacy with the United States through the P5-plus-1 
     process.
       (9) On July 8, 2009, President Nicolas Sarkozy of France 
     warned that the Group of Eight major powers will give the 
     Islamic Republic of Iran until September 2009 to accept 
     negotiations with respect to its nuclear activities or face 
     tougher sanctions.
         (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Government of the Islamic Republic of Iran should--
       (A) seize the historic offer put forward by President 
     Barack Obama to engage in direct diplomacy with the United 
     States;
       (B) suspend all enrichment-related and reprocessing 
     activities, including research and development, and work on 
     all heavy-water related projects, including the construction 
     of a research reactor moderated by heavy water, as demanded 
     by multiple resolutions of the United Nations Security 
     Council; and
       (C) come into full compliance with the Nuclear Non-
     Proliferation Treaty, including the additional protocol to 
     the Treaty; and
       (2) the President should impose sanctions on the Central 
     Bank of Iran and any other Iranian bank engaged in 
     proliferation activities or support for terrorist groups, as 
     well as any other sanctions the President determines 
     appropriate, if--
       (A) the Government of the Islamic Republic of Iran--
       (i) has not accepted the offer by the United States to 
     engage in direct diplomacy through the P5-plus-1 process 
     before the Summit of the Group of 20 (G-20) in Pittsburgh, 
     Pennsylvania, in September 2009; or
       (ii) has not suspended all enrichment-related and 
     reprocessing activities and work on all heavy-water related 
     projects within 60 days of the conclusion of that Summit; and
       (B) the United Nations Security Council has failed to adopt 
     significant and meaningful additional sanctions on the 
     Government of the Islamic Republic of Iran.
                                 ______
                                 
  SA 1629. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for

[[Page S7708]]

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:634

     SEC. 635. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR 
                   SERVICE.

       (a) Age and Service Requirements.--Subsection (a) of 
     section 12731 of title 10, United States Code, is amended to 
     read as follows:
       ``(a)(1) Except as provided in subsection (c), a person is 
     entitled, upon application, to retired pay computed under 
     section 12739 of this title, if the person--
       ``(A) satisfies one of the combinations of requirements for 
     minimum age and minimum number of years of service (computed 
     under section 12732 of this title) that are specified in the 
     table in paragraph (2);
       ``(B) performed the last six years of qualifying service 
     while a member of any category named in section 12732(a)(1) 
     of this title, but not while a member of a regular component, 
     the Fleet Reserve, or the Fleet Marine Corps Reserve, except 
     that in the case of a person who completed 20 years of 
     service computed under section 12732 of this title before 
     October 5, 1994, the number of years of qualifying service 
     under this subparagraph shall be eight; and
       ``(C) is not entitled, under any other provision of law, to 
     retired pay from an armed force or retainer pay as a member 
     of the Fleet Reserve or the Fleet Marine Corps Reserve.
       ``(2) The combinations of minimum age and minimum years of 
     service required of a person under subparagraph (A) of 
     paragraph (1) for entitlement to retired pay as provided in 
     such paragraph are as follows:
``Age, in years,
 is at least:                              The minimum years of service
                                              required for that age is:
53..................................................................34 
54..................................................................32 
55..................................................................30 
56..................................................................28 
57..................................................................26 
58..................................................................24 
59..................................................................22 
60...............................................................20.''.

       (b) 20-Year Letter.--Subsection (d) of such section is 
     amended by striking ``the years of service required for 
     eligibility for retired pay under this chapter'' in the first 
     sentence and inserting ``20 years of service computed under 
     section 12732 of this title''.
       (c) Effective Date.--This section and the amendments made 
     by subsection (a) shall take effect on the first day of the 
     first month beginning on or after the date of the enactment 
     of this Act and shall apply with respect to retired pay 
     payable for that month and subsequent months.
                                 ______
                                 
  SA 1630. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT 
                   REGARDING TERMINATION OR SUSPENSION OF SERVICE 
                   CONTRACTS, EFFECT OF VIOLATION OF INTEREST RATE 
                   LIMITATION, AND ENFORCEMENT BY ATTORNEY GENERAL 
                   AND PRIVATE CAUSES OF ACTION.

       (a) Termination or Suspension of Service Contracts.--
       (1) In general.--Section 305A of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 535a) is amended to read as 
     follows:

     ``SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.

       ``(a) Termination or Suspension by Servicemember.--A 
     servicemember who is party to or enters into a contract 
     described in subsection (c) may terminate or suspend, at the 
     servicemember's option, the contract at any time after the 
     date of the servicemember's military orders, as described in 
     subsection (c).
       ``(b) Special Rules.--
       ``(1) Duration of suspension.--A suspension under 
     subsection (a) of a contract by a servicemember shall 
     continue for the length of the servicemember's deployment 
     pursuant to the servicemember's military orders.
       ``(2) Prohibition on suspension fees.--
       ``(A) In general.--A service provider under a contract 
     suspended or terminated under subsection (a) by a 
     servicemember may not impose a suspension fee or early 
     termination fee in connection with the suspension or 
     termination of the contract, other than a nominal fee for the 
     suspension.
       ``(B) Exception for equipment moving fee.--The service 
     provider may impose a reasonable fee for any equipment 
     remaining on the premises of the servicemember during the 
     period of the suspension.
       ``(3) Deferral of fees.--The servicemember may defer, 
     without penalty, payment of such a nominal fee or reasonable 
     fee for the length of the servicemember's deployment pursuant 
     to the servicemember's military orders.
       ``(4) Telephone service.--In any case in which the contract 
     being suspended under subsection (a) is for cellular 
     telephone service or telephone exchange service, the 
     servicemember, after the date on which the suspension of the 
     contract ends, may keep, to the extent practicable and in 
     accordance with all applicable laws and regulations, the same 
     telephone number the servicemember had before the 
     servicemember suspended the contract.
       ``(c) Covered Contracts.--This section applies to a 
     contract for cellular telephone service (including a contract 
     to which the servicemember is included with family members), 
     telephone exchange service, multichannel video programming 
     service, Internet access service, water, electricity, oil, 
     gas, or other utility if the servicemember enters into the 
     contract and thereafter receives military orders--
       ``(1) to deploy with a military unit, or as an individual, 
     in support of a contingency operation for a period of not 
     less than 90 days; or
       ``(2) for a change of permanent station to a location that 
     does not support the contract.
       ``(d) Manner of Termination or Suspension.--
       ``(1) In general.--Termination or suspension of a contract 
     under subsection (a) is made by delivery by the servicemember 
     of written notice of such termination or suspension and a 
     copy of the servicemember's military orders to the other 
     party to the contract (or to that party's grantee or agent).
       ``(2) Nature of notice.--Delivery of notice under paragraph 
     (1) may be accomplished--
       ``(A) by hand delivery;
       ``(B) by private business carrier;
       ``(C) by facsimile; or
       ``(D) by placing the written notice and a copy of the 
     servicemember's military orders in an envelope with 
     sufficient postage and with return receipt requested, and 
     addressed as designated by the party to be notified (or that 
     party's grantee or agent), and depositing the envelope in the 
     United States mails.
       ``(e) Date of Contract Termination or Suspension.--
     Termination or suspension of a service contract under 
     subsection (a) is effective as of the date on which the 
     notice under subsection (d) is delivered.
       ``(f) Other Obligations and Liabilities.--The service 
     provider under the contract may not impose an early 
     termination or suspension charge, but any tax or any other 
     obligation or liability of the servicemember that, in 
     accordance with the terms of the contract, is due and unpaid 
     or unperformed at the time of termination or suspension of 
     the contract shall be paid or performed by the servicemember.
       ``(g) Fees Paid in Advance.--A fee or amount paid in 
     advance for a period after the effective date of the 
     termination of the contract shall be refunded to the 
     servicemember by the other party (or that party's grantee or 
     agent) not later than 60 days after the effective date of the 
     termination of the contract.
       ``(h) Relief to Other Party.--Upon application by the other 
     party to the contract to a court before the termination date 
     provided in the written notice, relief granted by this 
     section to a servicemember may be modified as justice and 
     equity require.
       ``(i) Criminal Penalty.--Whoever knowingly violates this 
     section shall be fined not more than $5,000 in the case of an 
     individual or $10,000 in the case of an organization.
       ``(j) Private Right of Action.--
       ``(1) In general.--In addition to any other remedies made 
     available elsewhere in this Act, a servicemember harmed by a 
     violation of this section may in a civil action--
       ``(A) obtain any appropriate equitable relief with respect 
     to the violation; and
       ``(B) recover an amount equal to three times the damages 
     sustained as a result of the violation.
       ``(2) Costs and attorney fees.--The court shall award to a 
     servicemember who prevails in an action under paragraph (1) 
     the costs of the action, including a reasonable attorney fee.
       ``(3) Preservation of other remedies.--Nothing in this 
     section shall be construed to preclude or limit any remedy 
     otherwise available under law to the servicemember with 
     respect to conduct prohibited under this section.
       ``(k) Definitions.--In this section:
       ``(1) Multichannel video programming service.--The term 
     `multichannel video programming service' means video 
     programming service provided by a multichannel video 
     programming distributor, as such term is defined in section 
     602(13) of the Communications Act of 1934 (47 U.S.C. 
     522(13)).
       ``(2) Internet access service.--The term `Internet access 
     service' has the meaning given that term under section 
     231(e)(4) of the Communications Act of 1934 (47 U.S.C. 
     231(e)(4)).
       ``(3) Cellular telephone service.--The term `cellular 
     telephone service' means commercial mobile service, as that 
     term is defined in section 332(d)(1) of the Communications 
     Act of 1934 (47 U.S.C. 332(d)(1)).
       ``(4) Telephone exchange service.--The term `telephone 
     exchange service' has the meaning given that term under 
     section 3 of the Communications Act of 1934 (47 U.S.C. 
     153).''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of such Act (Public

[[Page S7709]]

     Law 108-109; 117 Stat. 2835) is amended by striking the item 
     relating to section 305A and inserting the following new 
     item:

``Sec. 305A. Termination or suspension of service contracts.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to a contract entered into on or 
     after the date of the enactment of this Act.
       (b) Violation of Interest Rate Limitation.--Section 207 of 
     such Act (50 U.S.C. 527) is amended--
       (1) by amending subsection (e) to read as follows:
       ``(e) Criminal Penalty.--
       ``(1) In general.--Whoever knowingly violates this section 
     shall be fined not more than $5,000 in the case of an 
     individual or $10,000 in the case of an organization.
       ``(2) Determination of number of violations.--The court 
     shall count as a separate violation each obligation or 
     liability of a servicemember with respect to which--
       ``(A) the servicemember properly provided to the creditor 
     written notice and a copy of the military orders calling the 
     servicemember to military service and any orders further 
     extending military service under subsection (b); and
       ``(B) the creditor fails to act in accordance with 
     subsection (a).'';
       (2) by redesignating subsection (f) as subsection (g);
       (3) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Rights of Servicemembers.--
       ``(1) Private right of action.--In addition to any other 
     remedies made available elsewhere in this Act, a 
     servicemember harmed by a violation of this section may in a 
     civil action--
       ``(A) obtain any appropriate equitable relief with respect 
     to the violation; and
       ``(B) recover an amount equal to three times the damages 
     sustained as a result of the violation.
       ``(2) Costs and attorney fees.--The court shall award to a 
     servicemember who prevails in an action under paragraph (1) 
     the costs of the action, including a reasonable attorney fee.
       ``(3) Preservation of other remedies.--Nothing in this 
     section shall be construed to preclude or limit any remedy 
     otherwise available under law to the servicemember with 
     respect to conduct prohibited under this section.''; and
       (4) in subsection (g), as redesignated by paragraph (2) of 
     this subsection, by inserting ``and (f)'' after ``subsection 
     (e)''.
       (c) Civil Liability for Noncompliance.--
       (1) In general.--The Servicemembers Civil Relief Act (50 
     U.S.C. App. 501 et seq.) is further amended by adding at the 
     end the following new title:

            ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE

     ``SEC. 801. ENFORCEMENT BY THE ATTORNEY GENERAL.

       ``(a) Enforcement by the Attorney General.--The Attorney 
     General may commence a civil action in any appropriate United 
     States District Court whenever the Attorney General has 
     reasonable cause to believe--
       ``(1) that any person or group of persons is engaging in, 
     or has engaged in, a pattern or practice of conduct in 
     violation of any provision of this Act; or
       ``(2) that any person or group of persons is denying, or 
     has denied, any person or group of persons any protection 
     afforded by any provision of this Act and that such denial 
     raises an issue of general public importance.
       ``(b) Relief That May Be Granted in Civil Actions.--In a 
     civil action under subsection (a), the court--
       ``(1) may enter any temporary restraining order, temporary 
     or permanent injunction, or other order as may be 
     appropriate;
       ``(2) may award monetary damages to a servicemember, 
     dependent, or other person protected by any provision of this 
     Act who is harmed by the failure to comply with any provision 
     of this Act, including consequential and punitive damages; 
     and
       ``(3) may, to vindicate the public interest, assess a civil 
     penalty against each defendant--
       ``(A) in an amount not exceeding $55,000 for a first 
     violation; and
       ``(B) in an amount not exceeding $110,000 for any 
     subsequent violation.
       ``(c) Intervention in Civil Actions.--Upon timely 
     application, a servicemember, dependent, or other person 
     protected by any provision of this Act may intervene in a 
     civil action commenced by the Attorney General that involves 
     an alleged violation of any provision of this Act or a denial 
     of any protection afforded by any provision of this Act with 
     respect to which such person claims to be harmed. The court 
     may grant to any such intervening party appropriate relief as 
     is authorized under subsection (b)(1) or (b)(2). The court 
     may also, in its discretion, grant a prevailing intervening 
     party reasonable attorneys' fees and costs.

     ``SEC. 802. PRIVATE CAUSES OF ACTION.

       ``In addition to any other cause of action authorized by 
     any other section of this Act, a servicemember, dependent, or 
     other person protected by any provision of this Act may 
     commence an action in any appropriate United States District 
     Court or in a State court of competent jurisdiction to 
     enforce any requirement imposed or protection afforded by any 
     provision of this Act. The court may grant to any such 
     servicemember, dependent, or person such appropriate relief 
     as is authorized under paragraph (1) or (2) of section 
     801(b). The court may also, in its discretion, grant a 
     prevailing party reasonable attorneys' fees and costs.

     ``SEC. 803. PRESERVATION OF OTHER REMEDIES.

       ``The remedies provided under sections 801 and 802 are in 
     addition to and do not preclude any other causes of action 
     available under Federal or State law or any other remedies 
     otherwise available under Federal or State law, including any 
     award for consequential and punitive damages.''.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end the 
     following:

            ``TITLE VIII--CIVIL LIABILITY FOR NONCOMPLIANCE

``Sec. 801. Enforcement by the Attorney General.
``Sec. 802. Private causes of action.
``Sec. 803. Preservation of other remedies.''.
       (3) Applicability.--Title VIII of the Servicemembers Civil 
     Relief Act, as added by paragraph (1), shall apply to any 
     cause of action, claim, or action to enforce the 
     Servicemembers Civil Relief Act, or to seek damages or other 
     relief under any provision of that Act, in progress on the 
     date of the enactment of this Act or that may be brought 
     after such date.
       (4) Technical corrections.--Such Act is further amended--
       (A) in section 202(d)(1) (50 U.S.C. App. 522(d)(1)), by 
     striking ``affect'' in the first sentence and inserting 
     ``effect''; and
       (B) in sections 204(a), 306(c), and 701(c) (50 U.S.C. App. 
     524(a), 536(c), and 591(c)), by striking ``Affect'' in the 
     subsection heading and inserting ``Effect''.
                                 ______
                                 
  SA 1631. 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 C of title XXXI, add the following:

     SEC. 3136. CONSIDERATION OF YUCCA MOUNTAIN SITE FOR DISPOSAL 
                   OF DEFENSE-RELATED NUCLEAR WASTE.

       (a) In General.--Any plan developed by any Federal agency 
     with respect to the disposal of defense-related nuclear waste 
     under title I of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10121 et seq.) shall consider--
       (1) disposing of such waste by transferring the waste to 
     Yucca Mountain site, Nevada; and
       (2) all studies related to the selection of the Yucca 
     Mountain site for the disposal of defense-related nuclear 
     waste.
       (b) Defense-Related Nuclear Waste Defined.--In this 
     section, the term ``defense-related nuclear waste'' means--
       (1) transuranic waste;
       (2) high-level radioactive waste;
       (3) spent nuclear fuel;
       (4) special nuclear materials;
       (5) greater-than-class C, low-level radioactive waste; and
       (6) any other waste arising from the production, storage, 
     or maintenance of nuclear weapons (including components of 
     nuclear weapons).
                                 ______
                                 
  SA 1632. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 571, strike lines 12 through 18, and insert the 
     following:

     SEC. 3104. CERTIFICATION OF SELECTION OF YUCCA MOUNTAIN SITE 
                   AND AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE 
                   NUCLEAR WASTE DISPOSAL OR STATES STORING 
                   DEFENSE-RELATED NUCLEAR WASTE.

       (a) Certification Required.--Not later than 30 days after 
     the date of the enactment of this Act, the President shall 
     submit to the congressional defense committees and publish in 
     the Federal Register a certification that the Yucca Mountain 
     site has been selected as the site for the development of a 
     repository for the disposal of high-level radioactive waste 
     and spent nuclear fuel in accordance with section 160 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172).
       (b) Contingent Authorization of Appropriations for Defense 
     Nuclear Waste Disposal.--If the President makes the 
     certification required by subsection (a), there are 
     authorized to be appropriated $98,400,000 for fiscal year 
     2010 to the Department of Energy for defense nuclear waste 
     disposal for payment to the Nuclear Waste Fund established in 
     section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(c)).
       (c) Contingent Authorization of Appropriations for States 
     Storing Defense-Related Nuclear Waste to Be Transferred to 
     the Yucca Mountain Site.--If the President does not make the 
     certification required by subsection (a) or if the President

[[Page S7710]]

     revokes that certification after the date referred to in that 
     subsection, there are authorized to be appropriated 
     $98,400,000 for fiscal year 2010 to States that are storing 
     defense-related nuclear waste to be transferred to the Yucca 
     Mountain site, Nevada, to be used in accordance with 
     subsection (d).
       (d) Use of Funds.--A State that receives funds pursuant to 
     the authorization of appropriations under subsection (c) 
     shall use such funds--
       (1) to help offset the loss in community investments that 
     results from the continued storage of defense-related nuclear 
     waste in the State; and
       (2) to help mitigate the public health risks that result 
     from the continued storage of such waste in the State.
       (e) Defense-Related Nuclear Waste Defined.--In this 
     section, the term ``defense-related nuclear waste'' means--
       (1) transuranic waste;
       (2) high-level radioactive waste;
       (3) spent nuclear fuel;
       (4) special nuclear materials;
       (5) greater-than-class C, low-level radioactive waste; and
       (6) any other waste arising from the production, storage, 
     or maintenance of nuclear weapons (including components of 
     nuclear weapons).
                                 ______
                                 
  SA 1633. Mr. GRAHAM (for himself and Mr. Thune) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 129, between lines 6 and 7, insert the following:

     SEC. 537. PILOT PROGRAM FOR MILITARY DEPENDENTS.

       (a) Definitions.--In this section:
       (1) ESEA definitions.--The terms ``elementary school'', 
     ``parent'', and ``secondary school'' have the meanings given 
     the terms in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (2) Eligible military dependent.--The term ``eligible 
     military dependent'' means a student who--
       (A) is a dependent, within the meaning of section 152 of 
     the Internal Revenue Code of 1986, of a member of the Armed 
     Forces on active duty;
       (B) is, or will be in the upcoming school year, attending 
     an elementary school or secondary school; and
       (C) resides in the National Capital Region (as such term is 
     defined in section 2674(f) of title 10, United States Code).
       (b) In General.--
       (1) Program authorized.--The Secretary of Defense, in 
     collaboration with the Secretary of Education, shall design 
     and carry out a pilot program to provide additional 
     educational options to eligible military dependents and their 
     families by providing the eligible military dependents with 
     scholarships described in subsection (d).
       (2) Timing.--In carrying out this subsection, the Secretary 
     of Defense shall ensure that the pilot program is able to 
     provide such scholarships beginning with the 2010-2011 school 
     year.
       (c) Applications.--A parent of an eligible military 
     dependent that desires to participate in the pilot program 
     under this section shall submit an application to the 
     Secretary of Defense at such time, in such manner, and 
     containing such information as the Secretary may require.
       (d) Scholarships.--
       (1) In general.--A scholarship awarded under this section 
     shall be used by a parent of an eligible military dependent 
     to pay the tuition, fees, and transportation expenses, if 
     any, for the eligible military dependent to attend a private 
     elementary school or secondary school, or a public charter 
     school in a school district other than the school district in 
     which the student resides, of the parent's choice.
       (2) Payments to parents.--The Secretary of Defense shall 
     make scholarship payments under this section to the parent of 
     the eligible military dependent in a manner which ensures 
     that such payments will be used for the payment of tuition, 
     fees, and transportation expenses, if any, in accordance with 
     this section.
       (3) Amount of payments.--The amount of assistance provided 
     for an eligible military dependent under this section may not 
     exceed $7,500 for any school year.
       (e) Rule of Construction.--A scholarship provided under 
     this section shall be considered assistance to the eligible 
     military dependent and shall not be considered assistance to 
     the school that enrolls the eligible military dependent. The 
     amount of any scholarship under this section shall not be 
     treated as income of the parents for purposes of Federal tax 
     laws or for determining eligibility for any other Federal 
     program.
       (f) Reports.--The Secretary of Defense shall prepare and 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives, and make available to the public--
       (1) an initial report on the results of the pilot program 
     under this section, by not later than September 30, 2011; and
       (2) a final report on the results of the pilot program 
     under this section, by not later than September 30, 2015.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section not less than 
     $20,000,000 for fiscal year 2011 and for each of the 4 
     succeeding fiscal years.
                                 ______
                                 
  SA 1634. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

         On page 201, after line 25, add the following:

     SEC. 652. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE 
                   ARMED FORCES.

         (a) Findings.--Congress makes the following findings:
         (1) The Armed Forces is comprised of over 1,450,000 
     active-duty members from every State and territory of the 
     United States who are assigned to thousands of installations, 
     stations, and ships worldwide and who oftentimes must travel 
     long distances by air at their own expense to enjoy the 
     benefits of leave and liberty.
         (2) The United States is indebted to the members of the 
     all volunteer Armed Forces and their families who protect our 
     Nation, often experiencing long separations due to the 
     demands of military service and in life threatening 
     circumstances.
         (3) Military service often precludes long range planning 
     for leave and liberty to provide opportunities for reunions 
     and recreation with loved ones and requires changes in 
     planning due to military necessity which results in last 
     minute changes in planning.
         (b) Sense of Congress.--It is the sense of Congress 
     that--
         (1) all United States commercial carriers should seek to 
     lend their support with flexible, generous policies 
     applicable to members of the Armed Forces who are traveling 
     on leave or liberty at their own expense; and
         (2) each United States air carrier, for all members of 
     the Armed Forces who have been granted leave or liberty and 
     who are traveling by air at their own expense, should--
         (A) seek to provide reduced air fares that are comparable 
     to the lowest airfare for ticketed flights and that eliminate 
     to the maximum extent possible advance purchase requirements;
         (B) seek to eliminate change fees or charges and any 
     penalties for military personnel;
         (C) seek to eliminate or reduce baggage and excess weight 
     fees;
         (D) offer flexible terms that allow members of the Armed 
     Forces on active duty to purchase, modify, or cancel tickets 
     without time restrictions, and to waive fees (including 
     baggage fees), ancillary costs, or penalties; and
         (E) seek to take proactive measures to ensure that all 
     airline employees, particularly those who issue tickets and 
     respond to members of the Armed Forces and their family 
     members are trained in the policies of the airline aimed at 
     benefitting members of the Armed Forces who are on leave.
                                 ______
                                 
  SA 1635. Mr. SCHUMER (for himself, Mr. Chambliss, Mr. Nelson of 
Nebraska, Mr. Bennett, Mr. Cornyn, Mr. Isakson, Ms. Cantwell, Mrs. 
Shaheen, Mr. Burris, Mr. Vitter, Mr. Casey, Mr. Pryor, Mr. Byrd, Mr. 
Udall of New Mexico, Mrs. Feinstein, Mr. Durbin, Mrs. Murray, Mr. 
Warner, Mrs. Hutchison, Mr. Alexander, Mr. Conrad, Mr. Brownback, Mr. 
Specter, Mr. Wicker, Mr. Burr, Mr. Lieberman, Mr. Roberts, Mr. Risch, 
Mrs. Lincoln, Mr. Thune, Mr. Bond, Mr. Bayh, Mr. Nelson of Florida, Mr. 
Franken, Mr. Ensign, Mr. Leahy, Mr. Kennedy, Mr. Wyden, Mr. Cardin, Mr. 
Begich, Mrs. Gillibrand, Mr. Inhofe, and Mr. Cochran) 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 166, before line 18, insert the following:

                      Subtitle H--Military Voting

     SEC. 581. SHORT TITLE.

       This subtitle may be cited as the ``Military and Overseas 
     Voter Empowerment Act''.

     SEC. 582. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is a fundamental right.
       (2) Due to logistical, geographical, operational and 
     environmental barriers, military and overseas voters are 
     burdened by many obstacles that impact their right to vote 
     and register to vote, the most critical of which

[[Page S7711]]

     include problems transmitting balloting materials and not 
     being given enough time to vote.
       (3) States play an essential role in facilitating the 
     ability of military and overseas voters to register to vote 
     and have their ballots cast and counted, especially with 
     respect to timing and improvement of absentee voter 
     registration and absentee ballot procedures.
       (4) The Department of Defense educates military and 
     overseas voters of their rights under the Uniformed and 
     Overseas Citizens Absentee Voting Act and plays an 
     indispensable role in facilitating the procedural channels 
     that allow military and overseas voters to have their votes 
     count.
       (5) The local, State, and Federal Government entities 
     involved with getting ballots to military and overseas voters 
     must work in conjunction to provide voter registration 
     services and balloting materials in a secure and expeditious 
     manner.

     SEC. 583. CLARIFICATION REGARDING DELEGATION OF STATE 
                   RESPONSIBILITIES.

       A State may delegate its responsibilities in carrying out 
     the requirements under the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.) imposed as a 
     result of the provisions of and amendments made by this Act 
     to jurisdictions of the State.

     SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED 
                   SERVICES VOTERS AND OVERSEAS VOTERS TO REQUEST 
                   AND FOR STATES TO SEND VOTER REGISTRATION 
                   APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS 
                   BY MAIL AND ELECTRONICALLY.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(6) in addition to any other method of registering to 
     vote or applying for an absentee ballot in the State, 
     establish procedures--
       ``(A) for absent uniformed services voters and overseas 
     voters to request by mail and electronically voter 
     registration applications and absentee ballot applications 
     with respect to general, special, primary, and runoff 
     elections for Federal office in accordance with subsection 
     (e);
       ``(B) for States to send by mail and electronically (in 
     accordance with the preferred method of transmission 
     designated by the absent uniformed services voter or overseas 
     voter under subparagraph (C)) voter registration applications 
     and absentee ballot applications requested under subparagraph 
     (A) in accordance with subsection (e); and
       ``(C) by which the absent uniformed services voter or 
     overseas voter can designate whether they prefer for such 
     voter registration application or absentee ballot application 
     to be transmitted by mail or electronically.''; and
       (2) by adding at the end the following new subsection:
       ``(e) Designation of Means of Electronic Communication for 
     Absent Uniformed Services Voters and Overseas Voters to 
     Request and for States to Send Voter Registration 
     Applications and Absentee Ballot Applications, and for Other 
     Purposes Related to Voting Information.--
       ``(1) In general.--Each State shall, in addition to the 
     designation of a single State office under subsection (b), 
     designate not less than 1 means of electronic communication--
       ``(A) for use by absent uniformed services voters and 
     overseas voters who wish to register to vote or vote in any 
     jurisdiction in the State to request voter registration 
     applications and absentee ballot applications under 
     subsection (a)(6);
       ``(B) for use by States to send voter registration 
     applications and absentee ballot applications requested under 
     such subsection; and
       ``(C) for the purpose of providing related voting, 
     balloting, and election information to absent uniformed 
     services voters and overseas voters.
       ``(2) Clarification regarding provision of multiple means 
     of electronic communication.--A State may, in addition to the 
     means of electronic communication so designated, provide 
     multiple means of electronic communication to absent 
     uniformed services voters and overseas voters, including a 
     means of electronic communication for the appropriate 
     jurisdiction of the State.
       ``(3) Inclusion of designated means of electronic 
     communication with informational and instructional materials 
     that accompany balloting materials.--Each State shall include 
     a means of electronic communication so designated with all 
     informational and instructional materials that accompany 
     balloting materials sent by the State to absent uniformed 
     services voters and overseas voters.
       ``(4) Availability and maintenance of online repository of 
     state contact information.--The Federal Voting Assistance 
     Program of the Department of Defense shall maintain and make 
     available to the public an online repository of State contact 
     information with respect to elections for Federal office, 
     including the single State office designated under subsection 
     (b) and the means of electronic communication designated 
     under paragraph (1), to be used by absent uniformed services 
     voters and overseas voters as a resource to send voter 
     registration applications and absentee ballot applications to 
     the appropriate jurisdiction in the State.
       ``(5) Transmission if no preference indicated.--In the case 
     where an absent uniformed services voter or overseas voter 
     does not designate a preference under subsection (a)(6)(C), 
     the State shall transmit the voter registration application 
     or absentee ballot application by any delivery method 
     allowable in accordance with applicable State law, or if 
     there is no applicable State law, by mail.
       ``(6) Security and privacy protections.--
       ``(A) Security protections.--To the extent practicable, 
     States shall ensure that the procedures established under 
     subsection (a)(6) protect the security and integrity of the 
     voter registration and absentee ballot application request 
     processes.
       ``(B) Privacy protections.--To the extent practicable, the 
     procedures established under subsection (a)(6) shall ensure 
     that the privacy of the identity and other personal data of 
     an absent uniformed services voter or overseas voter who 
     requests or is sent a voter registration application or 
     absentee ballot application under such subsection is 
     protected throughout the process of making such request or 
     being sent such application.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

     SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES TO TRANSMIT 
                   BLANK ABSENTEE BALLOTS BY MAIL AND 
                   ELECTRONICALLY TO ABSENT UNIFORMED SERVICES 
                   VOTERS AND OVERSEAS VOTERS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 584, is amended--
       (1) in subsection (a)--
       (A) in paragraph (5), by striking ``and'' at the end;
       (B) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(7) in addition to any other method of transmitting blank 
     absentee ballots in the State, establish procedures for 
     transmitting by mail and electronically blank absentee 
     ballots to absent uniformed services voters and overseas 
     voters with respect to general, special, primary, and runoff 
     elections for Federal office in accordance with subsection 
     (f).''; and
       (2) by adding at the end the following new subsection:
       ``(f) Transmission of Blank Absentee Ballots by Mail and 
     Electronically.--
       ``(1) In general.--Each State shall establish procedures--
       ``(A) to transmit blank absentee ballots by mail and 
     electronically (in accordance with the preferred method of 
     transmission designated by the absent uniformed services 
     voter or overseas voter under subparagraph (B)) to absent 
     uniformed services voters and overseas voters for an election 
     for Federal office; and
       ``(B) by which the absent uniformed services voter or 
     overseas voter can designate whether they prefer for such 
     blank absentee ballot to be transmitted by mail or 
     electronically.
       ``(2) Transmission if no preference indicated.--In the case 
     where an absent uniformed services voter or overseas voter 
     does not designate a preference under paragraph (1)(B), the 
     State shall transmit the ballot by any delivery method 
     allowable in accordance with applicable State law, or if 
     there is no applicable State law, by mail.
       ``(3) Security and privacy protections.--
       ``(A) Security protections.--To the extent practicable, 
     States shall ensure that the procedures established under 
     subsection (a)(7) protect the security and integrity of 
     absentee ballots.
       ``(B) Privacy protections.--To the extent practicable, the 
     procedures established under subsection (a)(7) shall ensure 
     that the privacy of the identity and other personal data of 
     an absent uniformed services voter or overseas voter to whom 
     a blank absentee ballot is transmitted under such subsection 
     is protected throughout the process of such transmission.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

     SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND 
                   OVERSEAS VOTERS HAVE TIME TO VOTE.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(a)(1)), as 
     amended by section 585, is amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraph:
       ``(8) transmit a validly requested absentee ballot to an 
     absent uniformed services voter or overseas voter--
       ``(A) except as provided in subsection (g), in the case 
     where the request is received at least 45 days before an 
     election for Federal office, not later than 45 days before 
     the election; and

[[Page S7712]]

       ``(B) in the case where the request is received less than 
     45 days before an election for Federal office--
       ``(i) in accordance with State law; and
       ``(ii) if practicable and as determined appropriate by the 
     State, in a manner that expedites the transmission of such 
     absentee ballot.''.
       (2) by adding at the end the following new subsection:
       ``(g) Hardship Exemption.--
       ``(1) In general.--If the chief State election official 
     determines that the State is unable to meet the requirement 
     under subsection (a)(8)(A) with respect to an election for 
     Federal office due to an undue hardship described in 
     paragraph (2)(B), the chief State election official shall 
     request that the Presidential designee grant a waiver to the 
     State of the application of such subsection. Such request 
     shall include--
       ``(A) a recognition that the purpose of such subsection is 
     to allow absent uniformed services voters and overseas voters 
     enough time to vote in an election for Federal office;
       ``(B) an explanation of the hardship that indicates why the 
     State is unable to transmit absent uniformed services voters 
     and overseas voters an absentee ballot in accordance with 
     such subsection;
       ``(C) the number of days prior to the election for Federal 
     office that the State requires absentee ballots be 
     transmitted to absent uniformed services voters and overseas 
     voters; and
       ``(D) a comprehensive plan to ensure that absent uniformed 
     services voters and overseas voters are able to receive 
     absentee ballots which they have requested and submit marked 
     absentee ballots to the appropriate State election official 
     in time to have that ballot counted in the election for 
     Federal office, which includes--
       ``(i) the steps the State will undertake to ensure that 
     absent uniformed services voters and overseas voters have 
     time to receive, mark, and submit their ballots in time to 
     have those ballots counted in the election;
       ``(ii) why the plan provides absent uniformed services 
     voters and overseas voters sufficient time to vote as a 
     substitute for the requirements under such subsection; and
       ``(iii) the underlying factual information which explains 
     how the plan provides such sufficient time to vote as a 
     substitute for such requirements.
       ``(2) Approval of waiver request.--After consulting with 
     the Attorney General, the Presidential designee shall approve 
     a waiver request under paragraph (1) if the Presidential 
     designee determines each of the following requirements are 
     met:
       ``(A) The comprehensive plan under subparagraph (D) of such 
     paragraph provides absent uniformed services voters and 
     overseas voters sufficient time to receive absentee ballots 
     they have requested and submit marked absentee ballots to the 
     appropriate State election official in time to have that 
     ballot counted in the election for Federal office.
       ``(B) One or more of the following issues creates an undue 
     hardship for the State:
       ``(i) The State's primary election date prohibits the State 
     from complying with subsection (a)(8)(A).
       ``(ii) The State has suffered a delay in generating ballots 
     due to a legal contest.
       ``(iii) The State Constitution prohibits the State from 
     complying with such subsection.
       ``(3) Timing of waiver.--
       ``(A) In general.--Except as provided under subparagraph 
     (B), a State that requests a waiver under paragraph (1) shall 
     submit to the Presidential designee the written waiver 
     request not later than 90 days before the election for 
     Federal office with respect to which the request is 
     submitted. The Presidential designee shall approve or deny 
     the waiver request not later than 65 days before such 
     election.
       ``(B) Exception.--If a State requests a waiver under 
     paragraph (1) as the result of an undue hardship described in 
     paragraph (2)(B)(ii), the State shall submit to the 
     Presidential designee the written waiver request as soon as 
     practicable. The Presidential designee shall approve or deny 
     the waiver request not later than 5 business days after the 
     date on which the request is received.
       ``(4) Application of waiver.--A waiver approved under 
     paragraph (2) shall only apply with respect to the election 
     for Federal office for which the request was submitted. For 
     each subsequent election for Federal office, the Presidential 
     designee shall only approve a waiver if the State has 
     submitted a request under paragraph (1) with respect to such 
     election.''.
       (b) Runoff Elections.--Section 102(a) of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-
     1(a)), as amended by subsection (a), is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(9) if the State declares or otherwise holds a runoff 
     election for Federal office, establish a written plan that 
     provides absentee ballots are made available to absent 
     uniformed services voters and overseas voters in manner that 
     gives them sufficient time to vote in the runoff election.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

     SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                   ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 
                   SERVICES VOTERS.

       (a) In General.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by 
     inserting after section 103 the following new section:

     ``SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 
                   ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 
                   SERVICES VOTERS.

       ``(a) Establishment of Procedures.--The Presidential 
     designee shall establish procedures for collecting marked 
     absentee ballots of absent overseas uniformed services voters 
     in regularly scheduled general elections for Federal office, 
     including absentee ballots prepared by States and the Federal 
     write-in absentee ballot prescribed under section 103, and 
     for delivering such marked absentee ballots to the 
     appropriate election officials.
       ``(b) Delivery to Appropriate Election Officials.--
       ``(1) In general.--Under the procedures established under 
     this section, the Presidential designee shall implement 
     procedures that facilitate the delivery of marked absentee 
     ballots of absent overseas uniformed services voters for 
     regularly scheduled general elections for Federal office to 
     the appropriate election officials, in accordance with this 
     section, not later than the date by which an absentee ballot 
     must be received in order to be counted in the election.
       ``(2) Cooperation and coordination with the united states 
     postal service.--The Presidential designee shall carry out 
     this section in cooperation and coordination with the United 
     States Postal Service, and shall provide expedited mail 
     delivery service for all such marked absentee ballots of 
     absent uniformed services voters that are collected on or 
     before the deadline described in paragraph (3) and then 
     transferred to the United States Postal Service.
       ``(3) Deadline described.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the deadline described in this paragraph is noon (in the 
     location in which the ballot is collected) on the seventh day 
     preceding the date of the regularly scheduled general 
     election for Federal office.
       ``(B) Authority to establish alternative deadline for 
     certain locations.--If the Presidential designee determines 
     that the deadline described in subparagraph (A) is not 
     sufficient to ensure timely delivery of the ballot under 
     paragraph (1) with respect to a particular location because 
     of remoteness or other factors, the Presidential designee may 
     establish as an alternative deadline for that location the 
     latest date occurring prior to the deadline described in 
     subparagraph (A) which is sufficient to provide timely 
     delivery of the ballot under paragraph (1).
       ``(4) No postage requirement.--In accordance with section 
     3406 of title 39, United States Code, such marked absentee 
     ballots and other balloting materials shall be carried free 
     of postage.
       ``(5) Date of mailing.--Such marked absentee ballots shall 
     be postmarked with a record of the date on which the ballot 
     is mailed.
       ``(c) Outreach for Absent Overseas Uniformed Services 
     Voters on Procedures.--The Presidential designee shall take 
     appropriate actions to inform individuals who are anticipated 
     to be absent overseas uniformed services voters in a 
     regularly scheduled general election for Federal office to 
     which this section applies of the procedures for the 
     collection and delivery of marked absentee ballots 
     established pursuant to this section, including the manner in 
     which such voters may utilize such procedures for the 
     submittal of marked absentee ballots pursuant to this 
     section.
       ``(d) Reports on Utilization of Procedures.--
       ``(1) Reports required.--Not later than 180 days after each 
     regularly scheduled general election for Federal office to 
     which this section applies, the Presidential designee shall 
     submit to the relevant committees of Congress a report on the 
     utilization of the procedures for the collection and delivery 
     of marked absentee ballots established pursuant to this 
     section during such election.
       ``(2) Elements.--Each report under paragraph (1) shall 
     include, for the general election covered by such report, a 
     description of the utilization of the procedures described in 
     that paragraph during such general election, including the 
     number of marked absentee ballots collected and delivered 
     under such procedures and the number of such ballots which 
     were not delivered by the time of the closing of the polls on 
     the date of the election (and the reasons such ballots were 
     not so delivered).
       ``(3) Relevant committees of congress defined.--In this 
     subsection, the term `relevant committees of Congress' 
     means--
       ``(A) the Committees on Appropriations, Armed Services, and 
     Rules and Administration of the Senate; and
       ``(B) the Committees on Appropriations, Armed Services, and 
     House Administration of the House of Representatives.
       ``(e) Absent Overseas Uniformed Services Voter Defined.--In 
     this section, the term `absent overseas uniformed services 
     voter' means an overseas voter described in section 
     107(5)(A).
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as may be necessary to carry out this section.''.
       (b) Conforming Amendment.--Section 101(b) of such Act (42 
     U.S.C. 1973ff(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);

[[Page S7713]]

       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(8) carry out section 103A with respect to the collection 
     and delivery of marked absentee ballots of absent overseas 
     uniformed services voters in elections for Federal office.''.
       (c) State Responsibilities.--Section 102(a) of such Act (42 
     U.S.C. 1973ff-1(a)), as amended by section 586, is amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding the following new paragraph:
       ``(10) carry out section 103A(b)(1) with respect to the 
     processing and acceptance of marked absentee ballots of 
     absent overseas uniformed services voters.''.
       (d) Tracking Marked Ballots.--Section 102 of such Act (42 
     U.S.C. 1973ff-1(a)), as amended by section 586, is amended by 
     adding at the end the following new subsection:
       ``(h) Tracking Marked Ballots.--The chief State election 
     official, in coordination with local election jurisdictions, 
     shall develop a free access system by which an absent 
     uniformed services voter or overseas voter may determine 
     whether the absentee ballot of the absent uniformed services 
     voter or overseas voter has been received by the appropriate 
     State election official.''.
       (e) Report on Status of Implementation.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the individual designated 
     under section 101(a) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff(a)) shall submit to the 
     relevant committees of Congress a report on the status of the 
     implementation of the procedures established for the 
     collection and delivery of marked absentee ballots of absent 
     overseas uniformed services voters under section 103A of such 
     Act, as added by subsection (a).
       (2) Elements.--The report under paragraph (1) shall include 
     a status of the implementation of such procedures and a 
     detailed description of the specific steps taken towards such 
     implementation for the regularly scheduled general election 
     for Federal office held in November 2010.
       (3) Relevant committees of congress defined.--In this 
     subsection, the term ``relevant committees of Congress'' has 
     the meaning given such term in section 103A(d)(3) of the 
     Uniformed and Overseas Citizens Absentee Voting Act, as added 
     by subsection (a).
       (f) Protecting Voter Privacy and Secrecy of Absentee 
     Ballots.--Section 101(b) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)), as 
     amended by subsection (b), is amended--
       (1) by striking ``and'' at the end of paragraph (7);
       (2) by striking the period at the end of paragraph (8) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(9) to the greatest extent practicable, take such actions 
     as may be necessary--
       ``(A) to ensure that absent uniformed services voters who 
     cast absentee ballots at locations or facilities under the 
     jurisdiction of the Presidential designee are able to do so 
     in a private and independent manner; and
       ``(B) to protect the privacy of the contents of absentee 
     ballots cast by absentee uniformed services voters and 
     overseas voters while such ballots are in the possession or 
     control of the Presidential designee.''.
       (g) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

     SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT.

       (a) Use in General, Special, Primary, and Runoff Elections 
     for Federal Office.--
       (1) In general.--Section 103 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-2) is 
     amended--
       (A) in subsection (a), by striking ``general elections for 
     Federal office'' and inserting ``general, special, primary, 
     and runoff elections for Federal office'';
       (B) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``a general election'' and inserting ``a 
     general, special, primary, or runoff election for Federal 
     office''; and
       (C) in subsection (f), by striking ``the general election'' 
     each place it appears and inserting ``the general, special, 
     primary, or runoff election for Federal office''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on December 31, 2010, and apply with 
     respect to elections for Federal office held on or after such 
     date.
       (b) Promotion and Expansion of Use.--Section 103(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-2) is amended--
       (1) by striking ``General.--The Presidential'' and 
     inserting ``General.--
       ``(1) Federal write-in absentee ballot.--The 
     Presidential''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Promotion and expansion of use of federal write-in 
     absentee ballots.--
       ``(A) In general.--Not later than December 31, 2011, the 
     Presidential designee shall adopt procedures to promote and 
     expand the use of the Federal write-in absentee ballot as a 
     back-up measure to vote in elections for Federal office.
       ``(B) Use of technology.--Under such procedures, the 
     Presidential designee shall utilize technology to implement a 
     system under which the absent uniformed services voter or 
     overseas voter may--
       ``(i) enter the address of the voter or other information 
     relevant in the appropriate jurisdiction of the State, and 
     the system will generate a list of all candidates in the 
     election for Federal office in that jurisdiction; and
       ``(ii) submit the marked Federal write-in absentee ballot 
     by printing the ballot (including complete instructions for 
     submitting the marked Federal write-in absentee ballot to the 
     appropriate State election official and the mailing address 
     of the single State office designated under section 102(b)).
       ``(C) Authorization of appropriations.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as may be necessary to carry out this paragraph.''.

     SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION 
                   AND ABSENTEE BALLOT APPLICATIONS, MARKED 
                   ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE 
                   BALLOTS FOR FAILURE TO MEET CERTAIN 
                   REQUIREMENTS.

       (a) Voter Registration and Absentee Ballot Applications.--
     Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1), as amended by section 587, 
     is amended by adding at the end the following new subsection:
       ``(i) Prohibiting Refusal To Accept Applications for 
     Failure To Meet Certain Requirements.--A State shall not 
     refuse to accept and process any otherwise valid voter 
     registration application or absentee ballot application 
     (including the official post card form prescribed under 
     section 101) or marked absentee ballot submitted in any 
     manner by an absent uniformed services voter or overseas 
     voter solely on the basis of the following:
       ``(1) Notarization requirements.
       ``(2) Restrictions on paper type, including weight and 
     size.
       ``(3) Restrictions on envelope type, including weight and 
     size.''.
       (b) Federal Write-In Absentee Ballot.--Section 103 of such 
     Act (42 U.S.C. 1973ff-2) is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Prohibiting Refusal To Accept Ballot for Failure To 
     Meet Certain Requirements.--A State shall not refuse to 
     accept and process any otherwise valid Federal write-in 
     absentee ballot submitted in any manner by an absent 
     uniformed services voter or overseas voter solely on the 
     basis of the following:
       ``(1) Notarization requirements.
       ``(2) Restrictions on paper type, including weight and 
     size.
       ``(3) Restrictions on envelope type, including weight and 
     size.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

     SEC. 590. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

       (a) Federal Voting Assistance Program Improvements.--
       (1) In general.--The Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended by 
     section 587, is amended by inserting after section 103A the 
     following new section:

     ``SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.

       ``(a) Duties.--The Presidential designee shall carry out 
     the following duties:
       ``(1) Develop online portals of information to inform 
     absent uniformed services voters regarding voter registration 
     procedures and absentee ballot procedures to be used by such 
     voters with respect to elections for Federal office.
       ``(2) Establish a program to notify absent uniformed 
     services voters of voter registration information and 
     resources, the availability of the Federal postcard 
     application, and the availability of the Federal write-in 
     absentee ballot on the military Global Network, and shall use 
     the military Global Network to notify absent uniformed 
     services voters of the foregoing 90, 60, and 30 days prior to 
     each election for Federal office.
       ``(3) Not later than December 31 of each year, transmit to 
     the President and to Congress a report on the effectiveness 
     of activities carried out under this section, including the 
     activities and actions of the Federal Voting Assistance 
     Program of the Department of Defense, a separate assessment 
     of voter registration and participation by absent uniformed 
     overseas voters, a separate assessment of voter registration 
     and participation by overseas voters who are not members of 
     the uniformed services, and a description of the cooperation 
     between the States and the Federal Government in carrying out 
     this section.
       ``(b) Assessment of Effectiveness of Voting Assistance 
     Officer Program.--Not later than 90 days after the date of 
     enactment of this subsection, the Presidential designee shall 
     submit to Congress a report containing the following:
       ``(1) A thorough and complete assessment of whether the 
     Voting Assistance Officer Program of the Department of 
     Defense, as configured and implemented as of such date of 
     enactment, is effectively assisting members of the Armed 
     Forces in exercising their right to vote.

[[Page S7714]]

       ``(2) An inventory and explanation of any areas of voter 
     assistance in which such Program has failed to accomplish its 
     stated objectives and effectively assist members of the Armed 
     Forces in exercising their right to vote.
       ``(3) A detailed plan for the implementation of a new 
     program to replace such Program and supplement, as needed, 
     voter assistance activities required to be performed under 
     this section.
       ``(c) Clarification Regarding Other Duties and 
     Obligations.--Nothing in this section shall relieve the 
     Presidential designee of their duties and obligations under 
     any directives or regulations issued by the Department of 
     Defense, including the Department of Defense Directive 
     1000.04 (or any successor directive or regulation) that is 
     not inconsistent or contradictory to the provisions of this 
     section.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Federal Voting 
     Assistance Program of the Department of Defense (or a 
     successor program) such sums as are necessary for purposes of 
     carrying out this section.''.
       (2) Conforming amendments.--Section 101 of such Act (42 
     U.S.C. 1973ff), as amended by section 587, is amended--
       (A) in subparagraph (b)--
       (i) by striking ``and'' at the end of paragraph (8);
       (ii) by striking the period at the end of paragraph (9) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(10) carry out section 103B with respect to Federal 
     Voting Assistance Program Improvements.''; and
       (B) by adding at the end the following new subsection:
       ``(d) Authorization of Appropriations for Carrying Out 
     Federal Voting Assistance Program Improvements.--There are 
     authorized to be appropriated to the Presidential designee 
     such sums as are necessary for purposes of carrying out 
     subsection (b)(10).''.
       (b) Voter Registration Assistance for Absent Uniformed 
     Services Voters.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 589, is amended by adding at the end the following 
     new subsection:
       ``(j) Voter Registration Assistance for Absent Uniformed 
     Services Voters.--
       ``(1) Designating an office as a voter registration agency 
     on each installation of the armed forces.--Not later than 180 
     days after the date of enactment of this subsection, each 
     Secretary of a military department shall take appropriate 
     actions to designate an office on each installation of the 
     Armed Forces under the jurisdiction of such Secretary 
     (excluding any installation in a theater of combat), 
     consistent across every installation of the department of the 
     Secretary concerned, to provide each individual described in 
     paragraph (3)--
       ``(A) written information on voter registration procedures 
     and absentee ballot procedures (including the official post 
     card form prescribed under section 101);
       ``(B) the opportunity to register to vote in an election 
     for Federal office;
       ``(C) the opportunity to update the individual's voter 
     registration information, including clear written notice and 
     instructions for the absent uniformed services voter to 
     change their address by submitting the official post card 
     form prescribed under section 101 to the appropriate State 
     election official; and
       ``(D) the opportunity to request an absentee ballot under 
     this Act.
       ``(2) Development of procedures.--Each Secretary of a 
     military department shall develop, in consultation with each 
     State and the Presidential designee, the procedures necessary 
     to provide the assistance described in paragraph (1).
       ``(3) Individuals described.--The following individuals are 
     described in this paragraph:
       ``(A) An absent uniformed services voter--
       ``(i) who is undergoing a permanent change of duty station;
       ``(ii) who is deploying overseas for at least 6 months;
       ``(iii) who is or returning from an overseas deployment of 
     at least 6 months; or
       ``(iv) who at any time requests assistance related to voter 
     registration.
       ``(B) All other absent uniformed services voters (as 
     defined in section 107(1)).
       ``(4) Timing of provision of assistance.--The assistance 
     described in paragraph (1) shall be provided to an absent 
     uniformed services voter--
       ``(A) described in clause (i) of paragraph (3)(A), as part 
     of the administrative in-processing of the member upon 
     arrival at the new duty station of the absent uniformed 
     services voter;
       ``(B) described in clause (ii) of such paragraph, as part 
     of the administrative in-processing of the member upon 
     deployment from the home duty station of the absent uniformed 
     services voter;
       ``(C) described in clause (iii) of such paragraph, as part 
     of the administrative in-processing of the member upon return 
     to the home duty station of the absent uniformed services 
     voter;
       ``(D) described in clause (iv) of such paragraph, at any 
     time the absent uniformed services voter requests such 
     assistance; and
       ``(E) described in paragraph (3)(B), at any time the absent 
     uniformed services voter requests such assistance.
       ``(5) Pay, personnel, and identification offices of the 
     department of defense.--The Secretary of Defense may 
     designate pay, personnel, and identification offices of the 
     Department of Defense for persons to apply to register to 
     vote, update the individual's voter registration information, 
     and request an absentee ballot under this Act.
       ``(6) Treatment of offices designated as voter registration 
     agencies.--An office designated under paragraph (1) or (5) 
     shall be considered to be a voter registration agency 
     designated under section 7(a)(2) of the National Voter 
     Registration Act of 1993 for all purposes of such Act.
       ``(7) Outreach to absent uniformed services voters.--The 
     Secretary of each military department or the Presidential 
     designee shall take appropriate actions to inform absent 
     uniformed services voters of the assistance available under 
     this subsection including--
       ``(A) the availability of voter registration assistance at 
     offices designated under paragraphs (1) and (5); and
       ``(B) the time, location, and manner in which an absent 
     uniformed voter may utilize such assistance.
       ``(8) Reports.--
       ``(A) Report on status of implementation.--
       ``(i) Report required.--Not later than 180 days after the 
     date of enactment of this subsection, the Secretary of each 
     military department or the Presidential designee shall submit 
     to the relevant committees of Congress a report on the status 
     of the implementation of this subsection.
       ``(ii) Elements.--The report under clause (i) shall include 
     a detailed description of the specific steps taken towards 
     the implementation of this subsection, including the 
     designation of offices under paragraphs (1) and (5).
       ``(B) Report on utilization of voter registration 
     assistance.--
       ``(i) Reports required.--Not later than 1 year after the 
     date of the enactment of this subsection, the Secretary of 
     each military department or the Presidential designee shall 
     submit to the relevant committees of Congress a report on the 
     utilization of voter registration assistance provided under 
     this subsection.
       ``(ii) Elements.--The report under clause (i) shall 
     include--

       ``(I) a description of the specific programs implemented by 
     each military department of the Armed Forces pursuant to this 
     subsection; and
       ``(II) the number of absent uniformed services voters who 
     utilized voter registration assistance provided under this 
     section.

       ``(9) Definitions.--In this subsection:
       ``(A) Military department and secretary concerned.--The 
     terms `military department' and `Secretary concerned' have 
     the meaning given such terms in paragraphs (8) and (9), 
     respectively, of section 101 of title 10, United States Code.
       ``(B) Relevant committees of congress.--The term `relevant 
     committees of Congress' means--
       ``(i) the Committees on Appropriations, Armed Services, and 
     Rules and Administration of the Senate; and
       ``(ii) the Committees on Appropriations, Armed Services, 
     and House Administration of the House of Representatives.
       ``(10) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

     SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING AND STORING 
                   CERTAIN DATA.

       (a) In General.--Section 101(b) of such Act (42 U.S.C. 
     1973ff(b)), as amended by section 590, is amended--
       (1) by striking ``and'' at the end of paragraph (9);
       (2) by striking the period at the end of paragraph (10) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(11) working with the Election Assistance Commission and 
     the chief State election official of each State, develop 
     standards--
       ``(A) for States to report data on the number of absentee 
     ballots transmitted and received under section 102(c) and 
     such other data as the Presidential designee determines 
     appropriate; and
       ``(B) for the Presidential designee to store the data 
     reported.''.
       (b) Conforming Amendment.--Section 102(a) of such Act (42 
     U.S.C. 1973ff-1(a)), as amended by section 587, is amended--
       (1) in paragraph (9), by striking ``and'' at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(11) report data on the number of absentee ballots 
     transmitted and received under section 102(c) and such other 
     data as the Presidential designee determines appropriate in 
     accordance with the standards developed by the Presidential 
     designee under section 101(b)(11).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2010 and each 
     succeeding election for Federal office.

[[Page S7715]]

     SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE 
                   APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

       (a) In General.--Subsections (a) through (d) of section 104 
     of the Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff-3) are repealed.
       (b) Conforming Amendments.--The Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is 
     amended--
       (1) in section 101(b)--
       (A) in paragraph (2), by striking ``, for use by States in 
     accordance with section 104''; and
       (B) in paragraph (4), by striking ``for use by States in 
     accordance with section 104''; and
       (2) in section 104, as amended by subsection (a)--
       (A) in the section heading, by striking ``USE OF SINGLE 
     APPLICATION FOR ALL SUBSEQUENT ELECTIONS'' and inserting 
     ``PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY 
     SUBMISSION''; and
       (B) in subsection (e), by striking ``(e) Prohibition of 
     Refusal of Applications on Grounds of Early Submission.--''.

     SEC. 593. ANNUAL REPORT ON ENFORCEMENT.

       Section 105 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973f-4) is amended--
       (1) by striking ``The Attorney'' and inserting ``(a) In 
     General.--The Attorney''; and
       (2) by adding at the end the following new subsection:
       ``(b) Report to Congress.--Not later than December 31 of 
     each year, the Attorney General shall submit to Congress an 
     annual report on any civil action brought under subsection 
     (a) during the preceding year.''.

     SEC. 594. REQUIREMENTS PAYMENTS.

       (a) Use of Funds.--Section 251(b) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15401(b)) is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Activities under uniformed and overseas citizens 
     absentee voting act.--A State shall use a requirements 
     payment made using funds appropriated pursuant to the 
     authorization under section 257(4) only to meet the 
     requirements under the Uniformed and Overseas Citizens 
     Absentee Voting Act imposed as a result of the provisions of 
     and amendments made by the Military and Overseas Voter 
     Empowerment Act.''.
       (b) Requirements.--
       (1) State plan.--Section 254(a) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at the 
     end the following new paragraph:
       ``(14) How the State plan will comply with the provisions 
     and requirements of and amendments made by the Military and 
     Overseas Voter Empowerment Act.''.
       (2) Conforming amendments.--Section 253(b) of the Help 
     America Vote Act of 2002 (42 U.S.C. 15403(b)) is amended--
       (A) in paragraph (1)(A), by striking ``section 254'' and 
     inserting ``subsection (a) of section 254 (or, in the case 
     where a State is seeking a requirements payment made using 
     funds appropriated pursuant to the authorization under 
     section 257(4), paragraph (14) of section 254)''; and
       (B) in paragraph (2)--
       (i) by striking ``(2) The State'' and inserting ``(2)(A) 
     Subject to subparagraph (B), the State''; and
       (ii) by inserting after subparagraph (A), as added by 
     clause (i), the following new subparagraph:
       ``(B) The requirement under subparagraph (A) shall not 
     apply in the case of a requirements payment made using funds 
     appropriated pursuant to the authorization under section 
     257(4).''.
       (c) Authorization.--Section 257(a) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the 
     end the following new paragraph:
       ``(4) For fiscal year 2010 and subsequent fiscal years, 
     such sums as are necessary for purposes of making 
     requirements payments to States to carry out the activities 
     described in section 251(b)(3).''.

     SEC. 595. TECHNOLOGY PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Absent uniformed services voter.--The term ``absent 
     uniformed services voter'' has the meaning given such term in 
     section 107(a) of the Uniformed and Overseas Citizens 
     Absentee Voting Act (42 U.S.C. 1973ff et seq.).
       (2) Overseas voter.--The term ``overseas voter'' has the 
     meaning given such term in section 107(5) of such Act.
       (3) Presidential designee.--The term ``Presidential 
     designee'' means the individual designated under section 
     101(a) of such Act.
       (b) Establishment.--
       (1) In general.--The Presidential designee may establish 1 
     or more pilot programs under which the feasibility of new 
     election technology is tested for the benefit of absent 
     uniformed services voters and overseas voters claiming rights 
     under the Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (2) Design and conduct.--The design and conduct of a pilot 
     program established under this subsection--
       (A) shall be at the discretion of the Presidential 
     designee; and
       (B) shall not conflict with or substitute for existing 
     laws, regulations, or procedures with respect to the 
     participation of absent uniformed services voters and 
     military voters in elections for Federal office.
       (c) Considerations.--In conducting a pilot program 
     established under subsection (b), the Presidential designee 
     may consider the following issues:
       (1) The transmission of electronic voting material across 
     military networks.
       (2) Virtual private networks, cryptographic voting systems, 
     centrally controlled voting stations, and other information 
     security techniques.
       (3) The transmission of ballot representations and scanned 
     pictures in a secure manner.
       (4) Capturing, retaining, and comparing electronic and 
     physical ballot representations.
       (5) Utilization of voting stations at military bases.
       (6) Document delivery and upload systems.
       (7) The functional effectiveness of the application or 
     adoption of the pilot program to operational environments, 
     taking into account environmental and logistical obstacles 
     and State procedures.
       (d) Reports.--The Presidential designee shall submit to 
     Congress reports on the progress and outcomes of any pilot 
     program conducted under this subsection, together with 
     recommendations--
       (1) for the conduct of additional pilot programs under this 
     section; and
       (2) for such legislation and administrative action as the 
     Presidential designee determines appropriate.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 1636. 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) Conveyances Authorized.--The Secretary of the Navy 
     (``the Secretary'') may convey to any person or entity 
     leasing or licensing real property located at Camp Catlin and 
     Ohana Nui areas, Hawaii, as of the date of the enactment of 
     this Act (``the lessee'') all right, title, and interest of 
     the United States in and to the portion of such property that 
     is respectively leased or licensed by such person or entity 
     for the purpose of continuing the same functions as are being 
     conducted on the property as of the date of the enactment of 
     this Act.
       (b) Consideration.--As consideration for a conveyance under 
     subsection (a), the lessee shall provide the United States, 
     whether by cash payment, in-kind consideration, or a 
     combination thereof, an amount that is not less than the fair 
     market of the conveyed property, as determined pursuant to an 
     appraisal acceptable to the Secretary.
       (c) 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 
     convey 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.
       (2) Conveyance deadline.--If a lessee accepts the offer to 
     convey 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.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     lessee to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out a conveyance under subsection (a), including 
     survey costs, related to the conveyance. If amounts are 
     collected from the lessee 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 lessee.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out a conveyance under subsection (a) 
     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

[[Page S7716]]

     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) Description of Property.--The exact acreage and legal 
     description of any real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1637. Mr. PRYOR (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:

       Beginning on page 97, strike line 20 and all that follows 
     through page 98, line 17, and insert the following:

     SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL 
                   STATUS TECHNICIANS AND INCREASE IN PERMANENT 
                   LIMITATION ON SUCH TECHNICIANS.

       (a) Limitations.--
       (1) National guard.--Within the limitation provided in 
     section 10217(c)(2) of title 10, United States Code, the 
     number of non-dual status technicians employed by the 
     National Guard as of September 30, 2010, may not exceed the 
     following:
       (A) For the Army National Guard of the United States, 
     2,770.
       (B) For the Air National Guard of the United States, 350.
       (2) Army reserve.--The number of non-dual status 
     technicians employed by the Army Reserve as of September 30, 
     2010, may not exceed 595.
       (3) Air force reserve.--The number of non-dual status 
     technicians employed by the Air Force Reserve as of September 
     30, 2010, may not exceed 90.
       (b) Increase in Permanent Limitation on National Guard 
     Technicians.--Section 10217(c)(2) of title 10, United States 
     Code, is amended by striking ``1,950'' and inserting 
     ``3,120''.
       (c) Non-Dual Status Technicians Defined.--In this section, 
     the term ``non-dual status technician'' has the meaning given 
     that term in section 10217(a) of title 10, United States 
     Code.
                                 ______
                                 
  SA 1638. Mr. McCAIN (for himself and Mr. Levin) 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 XXVII, add the following:

     SEC. 2707. REQUIREMENT FOR MASTER PLAN TO PROVIDE WORLD CLASS 
                   MILITARY MEDICAL FACILITIES IN THE NATIONAL 
                   CAPITAL REGION.

       (a) Master Plan Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall develop and implement a comprehensive master 
     plan to provide world class military medical facilities and 
     an integrated system of health care delivery for the National 
     Capital Region that--
       (1) addresses--
       (A) the unique needs of members of the Armed Forces and 
     retired members of the Armed Forces and their families;
       (B) the care, management, and transition of seriously ill 
     and injured members of the Armed Forces and their families;
       (C) the missions of the branch or branches of the Armed 
     Forces served; and
       (D) performance expectations for the future integrated 
     health care delivery system, including--
       (i) information management and information technology 
     support; and
       (ii) expansion of support services;
       (2) includes the establishment of an integrated process for 
     the joint development of budgets, prioritization of 
     requirements, and the allocation of funds;
       (3) designates a single entity within the Department of 
     Defense with the budget and operational authority to respond 
     quickly to and address emerging facility and operational 
     requirements required to provide and operate world class 
     military medical facilities in the National Capital Region;
       (4) incorporates all ancillary and support facilities at 
     the National Naval Medical Center, Bethesda, Maryland, 
     including education and research facilities as well as 
     centers of excellence, transportation, and parking structures 
     required to provide a full range of adequate care and 
     services for members of the Armed Forces and their families;
       (5) ensures that each facility covered by the plan meets or 
     exceeds Joint Commission hospital design standards as 
     applicable; and
       (6) can be used as a model to develop similar master plans 
     for all military medical facilities within the Department of 
     Defense.
       (b) Milestone Schedule and Cost Estimates.--Not later than 
     90 days after the development of the master plan required by 
     (a), the Secretary shall submit to the congressional defense 
     committees a report describing--
       (1) the schedule for completion of requirements identified 
     in the master plan; and
       (2) updated cost estimates to provide world class military 
     medical facilities for the National Capital Region.
       (c) Definitions.--In this section:
       (1) National capital region.--The term ``National Capital 
     Region'' has the meaning given the term in section 2674(f) of 
     title 10, United States Code.
       (2) World class military medical facility.--The term 
     ``world class military medical facility'' has the meaning 
     given the term by the National Capital Region Base 
     Realignment and Closure Health Systems Advisory Subcommittee 
     of the Defense Health Board in appendix B of the report 
     entitled ``Achieving World Class - An Independent Review of 
     the Design Plans for the Walter Reed National Military 
     Medical Center and the Fort Belvoir Community Hospital'', 
     published in May, 2009.
                                 ______
                                 
  SA 1639. Mrs. HAGAN (for Ms. Collins) proposed an amendment to the 
concurrent resolution S. Con. Res. 11, condemning all forms of anti-
Semitism and reaffirming the support of Congress for the mandate of the 
Special Envoy to Monitor and Combat Anti-Semitism, and for other 
purposes; as follows:

       In the 10th whereas clause, strike ``Khameini'' and insert 
     ``Khamenei''
                                 ______
                                 
  SA 1640. Mrs. HAGAN (for Mr. Nelson of Florida) proposed an amendment 
to the bill S. 951, to authorize the President, in conjunction with the 
40th anniversary of the historic and first lunar landing by humans in 
1969, to award gold medals on behalf of the United States Congress to 
Neil A. Armstrong, the first human to walk on the moon; Edwin E. 
``Buzz'' Aldrin, Jr., the pilot of the lunar module and second person 
to walk on the moon; Michael Collins, the pilot of their Apollo 11 
mission's command module; and, the first American to orbit the Earth, 
John Herschel Glenn, Jr.; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``New Frontier Congressional 
     Gold Medal Act''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) as spacecraft commander for Apollo 11, the first manned 
     lunar landing mission, Neil A. Armstrong gained the 
     distinction of being the first man to land a craft on the 
     moon and first to step on its surface on July 21, 1969;
       (2) by conquering the moon at great personal risk to 
     safety, Neil Armstrong advanced America scientifically and 
     technologically, paving the way for future missions to other 
     regions in space;
       (3) Edwin E. ``Buzz'' Aldrin, Jr., joined Armstrong in 
     piloting the lunar module, Eagle, to the surface of the moon, 
     and became the second person to walk upon its surface;
       (4) Michael Collins piloted the command module, Columbia, 
     in lunar orbit and helped his fellow Apollo 11 astronauts 
     complete their mission on the moon;
       (5) John Herschel Glenn, Jr., helped pave the way for the 
     first lunar landing when on February 20, 1962, he became the 
     first American to orbit the Earth; and
       (6) John Glenn's actions, like Armstrong's, Aldrin's and 
     Collins's, continue to greatly inspire the people of the 
     United States.

     SEC. 3. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The President is authorized 
     to present, on behalf of the Congress, to Neil A. Armstrong, 
     Edwin E. ``Buzz'' Aldrin, Jr., Michael Collins, and John 
     Herschel Glenn, Jr., each a gold medal of appropriate design, 
     in recognition of their significant contributions to society.
       (b) Design and Striking.--For purposes of the presentation 
     referred to in subsection (a), the Secretary of the Treasury 
     shall strike gold medals with suitable emblems, devices, and 
     inscriptions, to be determined by the Secretary.

     SEC. 4. DUPLICATE MEDALS.

       The Secretary of the Treasury may strike and sell 
     duplicates in bronze of the gold medal struck pursuant to 
     section 3 under such regulations as the Secretary may 
     prescribe, at a price sufficient to cover the cost thereof, 
     including labor, materials, dies, use of machinery, and 
     overhead expenses, and the cost of the gold medals.

     SEC. 5. NATIONAL MEDALS.

       The medals struck pursuant to this Act are national medals 
     for purposes of chapter 51 of title 31, United States Code.

     SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

       (a) Authority To Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund, such amounts as may be necessary to pay for the costs 
     of the medals struck pursuant to this Act.

[[Page S7717]]

       (b) Proceeds of Sale.--Amounts received from the sale of 
     duplicate bronze medals authorized under section 4 shall be 
     deposited into the United States Mint Public Enterprise Fund.
                                 ______
                                 
  SA 1641. Mrs. HAGAN (for Mr. Nelson of Florida) proposed an amendment 
to the bill S. 951, to authorize the President, in conjunction with the 
40th anniversary of the historic and first lunar landing by humans in 
1969, to award gold medals on behalf of the United States Congress to 
Neil A. Armstrong, the first human to walk on the moon; Edwin E. 
``Buzz'' Aldrin, Jr., the pilot of the lunar module and second person 
to walk on the moon; Michael Collins, the pilot of their Apollo 11 
mission's command module; and, the first American to orbit the Earth, 
John Herschel Glenn, Jr.; as follows:

         Amend the title so as to read: A Bill To authorize the 
     President, in conjunction with the 40th anniversary of the 
     historic and first lunar landing by humans in 1969, to award 
     gold medals on behalf of the United States Congress to Neil 
     A. Armstrong, the first human to walk on the moon; Edwin E. 
     ``Buzz'' Aldrin, Jr., the pilot of the lunar module and 
     second person to walk on the moon; Michael Collins, the pilot 
     of their Apollo 11 mission's command module; and, the first 
     American to orbit the Earth, John Herschel Glenn, Jr.
                                 ______
                                 
  SA 1642. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. COMPTROLLER GENERAL REVIEW OF SPENDING IN THE 
                   FINAL QUARTER OF FISCAL YEAR 2009 BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Review of Spending by the Comptroller General.--The 
     Comptroller General of the United States shall conduct a 
     review of the obligations and expenditures of the Department 
     of Defense in the final quarter of fiscal year 2009, as 
     compared to the obligations and expenditures of the 
     Department in the first three quarters of that fiscal year, 
     to determine if policies with respect to spending by the 
     Department contribute to hastened year-end spending and poor 
     use or waste of taxpayer dollars.
       (b) Report.--Not later than the earlier of March 30, 2010, 
     or the date that is 180 days after the date of the enactment 
     of this Act, the Comptroller General shall submit to Congress 
     a report containing--
       (1) the results of the review conducted under subsection 
     (a); and
       (2) any recommendations of the Comptroller General with 
     respect to improving the policies pursuant to which amounts 
     appropriated to the Department of Defense are obligated and 
     expended in the final quarter of the fiscal year.
                                 ______
                                 
  SA 1643. Mr. CASEY (for himself and Mr. Bayh) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ANNUAL COUNTERTERRORISM STATUS REPORTS.

       (a) Short Title.--This section may be cited as the 
     ``Success in Countering Al Qaeda Reporting Requirements Act 
     of 2009''.
       (b) Findings.--Congress makes the following findings:
       (1) Al Qaeda and its related affiliates attacked the United 
     States on September 11, 2001 in New York, New York, 
     Arlington, Virginia, and Shanksville, Pennsylvania, murdering 
     almost 3000 innocent civilians.
       (2) Osama bin Laden and his deputy Ayman al-Zawahiri remain 
     at large.
       (3) In testimony to the Select Committee on Intelligence of 
     the Senate on February 12, 2009, Director of National 
     Intelligence Dennis C. Blair stated, ``al-Qa'ida and its 
     affiliates and allies remain dangerous and adaptive enemies, 
     and the threat they could inspire or orchestrate an attack on 
     the United States or European countries. . . . Although al-
     Qa'ida's core organization in the tribal areas of Pakistan is 
     under greater pressure now than it was a year ago, we assess 
     that it remains the most dangerous component of the larger 
     al-Qa'ida network. Al-Qa'ida leaders still use the tribal 
     areas as a base from which they can avoid capture, produce 
     propaganda, communicate with operational cells abroad, and 
     provide training and indoctrination to new terrorist 
     operatives.''.
       (4) The most recent authoritative National Intelligence 
     Estimate issued on the threat posed by Al Qaeda, released in 
     July 2007, states ``Al-Qa'ida is and will remain the most 
     serious terrorist threat to the Homeland''.
       (5) Efforts to combat violent extremism and radicalism must 
     be undertaken using all elements of national power, including 
     military tools, intelligence assets, law enforcement 
     resources, diplomacy, paramilitary activities, financial 
     measures, development assistance, strategic communications, 
     and public diplomacy.
       (6) In the report entitled ``Suggested Areas for Oversight 
     for the 110th Congress'' (GAO-08-235R, November 17, 2006), 
     the Government Accountability Office urged greater 
     congressional oversight in assessing the effectiveness and 
     coordination of United States international programs focused 
     on combating and preventing the growth of terrorism and its 
     underlying causes.
       (7) Section 140(a) of the Foreign Relations Authorization 
     Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(a)) requires 
     that the Secretary of State submit annual reports to Congress 
     that detail key developments on terrorism on a country-by-
     country basis. These Country Reports on Terrorism provide 
     information on acts of terrorism in countries, major 
     developments in bilateral and multilateral counterterrorism 
     cooperation, and the extent of State support for terrorist 
     groups responsible for the death, kidnaping, or injury of 
     Americans, but do not assess the scope and efficacy of United 
     States counterterrorism efforts against Al Qaeda and its 
     related affiliates.
       (8) The Executive Branch submits regular reports to 
     Congress that detail the status of United States combat 
     operations in Iraq and Afghanistan, including a breakdown of 
     budgetary allocations, key milestones achieved, and measures 
     of political, economic, and military progress.
       (c) Sense of Congress.--It is the sense of Congress that--
       (1) 8 years after the attacks on September 11, 2001, Al 
     Qaeda and its related affiliates remain the most serious 
     national security threat to the United States, with alarming 
     signs that Al Qaeda and its related affiliates have 
     reconstituted their strength and ability to generate new 
     attacks throughout the world, including against the United 
     States;
       (2) there remains insufficient information on current 
     counterterrorism efforts undertaken by the Federal Government 
     and the level of success achieved by specific initiatives;
       (3) Congress and the American people can benefit from more 
     specific data and metrics that can provide the basis for 
     objective external assessments of the progress being made in 
     the overall war being waged against violent extremism;
       (4) the absence of a comparable timely assessment of the 
     ongoing status and progress of United States counterterrorism 
     efforts against Al Qaeda and its related affiliates hampers 
     the ability of Congress and the American people to 
     independently determine whether the United States is making 
     significant progress in this defining struggle of our time; 
     and
       (5) the Executive Branch should submit a comprehensive 
     report to Congress, updated on an annual basis, which 
     provides a more strategic perspective regarding--
       (A) the United States' highest global counterterrorism 
     priorities;
       (B) the United States' efforts to combat and defeat Al 
     Qaeda and its related affiliates;
       (C) the United States' efforts to undercut long-term 
     support for the violent extremism that sustains Al Qaeda and 
     its related affiliates;
       (D) the progress made by the United States as a result of 
     such efforts;
       (E) the efficacy and efficiency of the United States 
     resource allocations; and
       (F) whether the existing activities and operations of the 
     United States are actually diminishing the national security 
     threat posed by Al Qaeda and its related affiliates.
       (d) Annual Counterterrorism Status Reports.--
       (1) In general.--Not later than July 31, 2010, and every 
     July 31 thereafter, the President shall submit a report, to 
     the Committee on Foreign Relations of the Senate, the 
     Committee on Foreign Affairs of the House of Representatives, 
     the Committee on Armed Services of the Senate, the Committee 
     on Armed Services of the House of Representatives, the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, the Select 
     Committee on Intelligence of the Senate, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, which contains, for the most recent 12-month 
     period, a review of the counterterrorism strategy of the 
     United States Government, including--
       (A) a detailed assessment of the scope, status, and 
     progress of United States counterterrorism efforts in 
     fighting Al Qaeda and its related affiliates and undermining 
     long-term support for violent extremism;
       (B) a judgment on the geographical region in which Al Qaeda 
     and its related affiliates pose the greatest threat to the 
     national security of the United States;
       (C) a judgment on the adequacy of interagency integration 
     of the counterterrorism programs and activities of the 
     Department of Defense, the United States Special Operations 
     Command, the Central Intelligence Agency, the Department of 
     State, the Department of the Treasury, the Department of

[[Page S7718]]

     Homeland Security, the Department of Justice, and other 
     Federal departments and agencies;
       (D) an evaluation of the extent to which the 
     counterterrorism efforts of the United States correspond to 
     the plans developed by the National Counterterrorism Center 
     and the goals established in overarching public statements of 
     strategy issued by the executive branch;
       (E) a determination of whether the National 
     Counterterrorism Center exercises the authority and has the 
     resources and expertise required to fulfill the interagency 
     strategic and operational planning role described in section 
     119(j) of the National Security Act of 1947 (50 U.S.C. 404o), 
     as added by section 1012 of the National Security 
     Intelligence Reform Act of 2004 (title I of Public Law 108-
     458);
       (F) a description of the efforts of the United States 
     Government to combat Al Qaeda and its related affiliates and 
     undermine violent extremist ideology, which shall include--
       (i) a specific list of the President's highest global 
     counterterrorism priorities;
       (ii) the degree of success achieved by the United States, 
     and remaining areas for progress, in meeting the priorities 
     described in clause (i); and
       (iii) efforts in those countries in which the President 
     determines that--

       (I) Al Qaeda and its related affiliates have a presence; or
       (II) acts of international terrorism have been perpetrated 
     by Al Qaeda and its related affiliates;

       (G) a specific list of United States counterterrorism 
     efforts, and the specific status and achievements of such 
     efforts, through military, financial, political, 
     intelligence, paramilitary, and law enforcement elements, 
     relating to--
       (i) bilateral security and training programs;
       (ii) law enforcement and border security;
       (iii) the disruption of terrorist networks; and
       (iv) the denial of terrorist safe havens and sanctuaries;
       (H) a description of United States Government activities to 
     counter terrorist recruitment and radicalization, including--
       (i) strategic communications;
       (ii) public diplomacy;
       (iii) support for economic development and political 
     reform; and
       (iv) other efforts aimed at influencing public opinion;
       (I) United States Government initiatives to eliminate 
     direct and indirect international financial support for the 
     activities of terrorist groups;
       (J) a cross-cutting analysis of the budgets of all Federal 
     Government agencies as they relate to counterterrorism 
     funding to battle Al Qaeda and its related affiliates abroad, 
     including--
       (i) the source of such funds; and
       (ii) the allocation and use of such funds;
       (K) an analysis of the extent to which specific Federal 
     appropriations--
       (i) have produced tangible, calculable results in efforts 
     to combat and defeat Al Qaeda, its related affiliates, and 
     its violent ideology; or
       (ii) contribute to investments that have expected payoffs 
     in the medium- to long-term;
       (L) statistical assessments, including those developed by 
     the National Counterterrorism Center, on the number of 
     individuals belonging to Al Qaeda and its related affiliates 
     that have been killed, injured, or taken into custody as a 
     result of United States counterterrorism efforts; and
       (M) a concise summary of the methods used by National 
     Counterterrorism Center and other elements of the United 
     States Government to assess and evaluate progress in its 
     overall counterterrorism efforts, including the use of 
     specific measures, metrics, and indices.
       (2) Interagency cooperation.--In preparing a report under 
     this subsection, the President shall include relevant 
     information maintained by--
       (A) the National Counterterrorism Center and the National 
     Counterproliferation Center;
       (B) Department of Justice, including the Federal Bureau of 
     Investigation;
       (C) the Department of State;
       (D) the Department of Defense;
       (E) the Department of Homeland Security;
       (F) the Department of the Treasury;
       (G) the Office of the Director of National Intelligence,
       (H) the Central Intelligence Agency;
       (I) the Office of Management and Budget;
       (J) the United States Agency for International Development; 
     and
       (K) any other Federal department that maintains relevant 
     information.
       (3) Report classification.--Each report required under this 
     subsection shall be--
       (A) submitted in an unclassified form, to the maximum 
     extent practicable; and
       (B) accompanied by a classified appendix, as appropriate.
                                 ______
                                 
  SA 1644. Mr. BROWNBACK 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 270, between lines 5 and 6, insert the following:

     SEC. 8__. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

       Section 526 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17142) is amended to read as follows:

     ``SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

       ``(a) In General.--Except as provided in subsection (b), no 
     Federal agency shall enter into a contract for procurement of 
     an alternative or synthetic fuel, including a fuel produced 
     from nonconventional petroleum sources, for any mobility-
     related use other than for research or testing, unless the 
     contract specifies that the lifecycle greenhouse gas 
     emissions associated with the production and combustion of 
     the fuel supplied under the contract, on an ongoing basis, be 
     less than or equal to such emissions from the equivalent 
     conventional fuel produced from conventional petroleum 
     sources.
       ``(b) Exceptions.--Subsection (a) shall not prohibit a 
     Federal agency from entering into a contract to purchase a 
     generally available fuel that is produced, in whole or in 
     part, from a nonconventional petroleum source if--
       ``(1) the contract does not specifically require the 
     contractor to provide a fuel from a nonconventional petroleum 
     source;
       ``(2) the purpose of the contract is not to obtain a fuel 
     from a nonconventional petroleum source; and
       ``(3) the contract does not provide incentives (excluding 
     compensation at market prices for the purchase of fuel 
     purchased) for a refinery upgrade or expansion to allow a 
     refinery to use or increase the use by the refinery of fuel 
     from a nonconventional petroleum source.''.
                                 ______
                                 
  SA 1645. Mr. BROWN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 2832. LAND CONVEYANCE, GEORGE F. PENNINGTON UNITED 
                   STATES ARMY RESERVE CENTER, MARION, OHIO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to Marion County, Ohio (in 
     this section referred to as the ``County''), all right, 
     title, and interest of the United State in and to a parcel of 
     real property, including improvements thereon, consisting of 
     approximately 5.3 acres located at the George F. Pennington 
     United States Army Reserve Center, 2164 Harding Way Highway 
     East, Marion, Ohio, for the construction of a community 
     center.
       (b) 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 the property. A determination by the Secretary under 
     this subsection shall be made on the record after an 
     opportunity for a hearing.
       (c) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     County 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, related to the conveyance. If amounts are 
     collected from the County 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 County.
       (2) Treatment of amounts received.--Amounts received under 
     paragraph (1) as reimbursement for costs incurred by the 
     Secretary to carry out the conveyance under subsection (a) 
     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.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (e) Additional Term and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1646. Mr. WARNER submitted an amendment intended to be proposed by

[[Page S7719]]

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

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

     SEC. 1073. REPORT ON MODELING AND SIMULATION ACTIVITIES OF 
                   UNITED STATES JOINT FORCES COMMAND.

       (a) Report Required.--Not later than six months after the 
     date of the enactment of this Act, the Commander of the 
     United States Joint Forces Command shall submit to the 
     congressional defense committees a report that describes 
     current and planned efforts for cooperative modeling and 
     simulation development activities with the private sector and 
     other government organizations.
       (b) Elements.--The report required under subsection (a) 
     shall include the following:
       (1) An identification of the current and planned outreach 
     to industry, consortia, academia, State and Federal agencies, 
     and international partners, including efforts to leverage the 
     capabilities of these organizations to support Joint Forces 
     Command missions.
       (2) A description of current and planned utilization by the 
     United States Joint Forces Command of public-private 
     partnerships and other technology transfer activities to 
     support development of modeling and simulation capabilities 
     and to sustain a defense modeling and simulation industrial 
     base.
       (3) A description of United States Joint Forces Command 
     efforts to coordinate with State and regional modeling and 
     simulation capabilities existing in the public and private 
     sector.
       (4) A description of the joint, coalition, and inter-agency 
     modeling and simulation activities in which the United States 
     Joint Forces Command is participating.
       (5) Additional resources or authorities required by the 
     United States Joint Forces Command to promote the development 
     of needed modeling and simulation capabilities through 
     cooperative activities with the private sector or other 
     government organizations.
       (6) Other matters as deemed appropriate by the Commander of 
     the United States Joint Forces Command.

                          ____________________