[Congressional Record Volume 155, Number 111 (Wednesday, July 22, 2009)]
[Senate]
[Pages S7893-S7938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1690. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 838. ADVANCED WATER PURIFICATION SYSTEMS.

       (a) Finding.--Congress makes the following findings:
       (1) Water is often the limiting factor in the length of a 
     military mission.
       (2) Military forces in the field require new technologies 
     to help extend mission duration.
       (3) Military forces must have the capability to generate 
     safe drinking water during remote deployments, emergencies, 
     or during the disruption of the supply chain.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the ongoing efforts by the Department of Defense, and 
     specifically the United States Special Operations Command, to 
     acquire advanced water purification systems. The report shall 
     include the following:
       (1) The impact of potable water availability on the 
     planning and execution of military missions.
       (2) A list of performance criteria used to evaluate the 
     different water purification systems such as--
       (A) purity, taste, and color of the water;
       (B) the length of time the purification takes; and
       (C) the ease of use of the system.
       (3) An assessment of the current man-portable water 
     purification technologies including technologies that use 
     chemicals, forward osmosis, and filtration.
       (4) An assessment of the performance of each system in 
     multiple scenarios such as a bio-terror attacks, natural 
     disasters like floods and hurricanes, and military operations 
     overseas.
                                 ______
                                 
  SA 1691. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 270, between lines 5 and 6, insert the following:

     SEC. 838. REQUIREMENT TO BUY MILITARY DECORATIONS, RIBBONS, 
                   BADGES, MEDALS, INSIGNIA, AND OTHER UNIFORM 
                   ACCOUTERMENTS PRODUCED IN THE UNITED STATES.

       (a) Requirement.--Subchapter III of chapter 147 of title 
     10, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2495c. Requirement to buy military decorations, 
       ribbons, badges, medals, insignia, and other uniform 
       accouterments produced in the United States

       ``(a) Buy American Requirement.--A military exchange store 
     or other non-appropriated fund instrumentality of the 
     Department of Defense may not purchase for resale any 
     military decorations, ribbons, badges, medals, insignia, or 
     other uniform accouterments that are not produced in the 
     United States. Competitive procedures shall be used in 
     selecting the United States producer of the decorations.
       ``(b) Heraldic Quality Control.--No certificate of 
     authority issued pursuant to part 507 of title 32, Code of 
     Federal Regulations (or any successor regulation) for the 
     manufacture and sale of any item described in subsection (a) 
     by the Institute of Heraldry, the Navy Clothing and Textile 
     Research Facility, or the Marine Corps Combat Equipment and 
     Support Systems for quality control and specifications 
     purposes shall be permitted unless these items are 
     manufactured from domestic material manufactured in the 
     United States.
       ``(c) Exception.--The Secretary of Defense may waive the 
     applicability of subsections (a) and (b) on a case-by-case 
     basis if the Secretary of Defense determines that there is 
     not available for procurement at a reasonable cost a 
     satisfactory quality and sufficient quantity of an item 
     described under subsection (a) produced in the United States.
       ``(d) United States Defined.--In this section, the term 
     `United States' includes the Commonwealth of Puerto Rico, 
     Guam, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, American Samoa, and any other 
     territory or possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2495b the following new item:

``2495c. Requirement to buy military decorations, ribbons, badges, 
              medals, insignia, and other uniform accouterments 
              produced in the United States.''.

       (c) Conforming Amendments.--Section 2533a(b)(1) of such 
     title is amended--
       (1) in subparagraph (D), by striking ``; or'' and inserting 
     a semicolon;

[[Page S7894]]

       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) military decorations, ribbons, badges, medals, 
     insignia, and other uniform accouterments.''.
                                 ______
                                 
  SA 1692. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. ESTABLISHMENT OF NATIONAL DEFENSE PANEL.

       Section 118(f) of title 10, United States Code, is amended 
     to read as follows:
       ``(f) National Defense Panel.--(1) There is established a 
     National Defense Panel to conduct an assessment of the 
     quadrennial defense review.
       ``(2) The National Defense Panel shall be composed of 12 
     members who are recognized experts in matters relating to the 
     national security of the United States. The members shall be 
     appointed as follows:
       ``(A) Three by both the chairman and ranking members of the 
     Committee on Armed Services of the Senate.
       ``(B) Three by both the chairman and ranking members of the 
     Committee on Armed Services of the House of Representatives.
       ``(3) Not later than three months after the date on which 
     the report on a quadrennial defense review is submitted under 
     subsection (d) to the congressional committees named in that 
     subsection, the National Defense Panel shall submit to those 
     committees an assessment of the review, including the 
     recommendations of the review, the stated and implied 
     assumptions incorporated in the review, and the 
     vulnerabilities of the strategy and force structure 
     underlying the review. The assessment of the National Defense 
     Panel shall include analyses of the trends, asymmetries, and 
     concepts of operations that characterize the military balance 
     with potential adversaries, focusing on the strategic 
     approaches of possible opposing forces.
       ``(4) The National Defense Panel shall have the authorities 
     provided in section 3161 of title 5, United States Code, and 
     shall be subject to the conditions set forth in such section.
       ``(5) Funds for activities of the National Defense Panel 
     shall be provided from unobligated amounts available to the 
     Department of Defense.''.
                                 ______
                                 
  SA 1693. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON AUTOMATED SMALL ARMS AMMUNITION SORTING.

       (a) Findings.--Congress makes the following findings:
       (1) From 2001 to 2009, small arms ammunition acquisition by 
     the Federal Government increased to over 2,000,000,000 
     rounds, with 80 percent of that ammunition being used for 
     training or noncombat purposes.
       (2) An automatic ammunition sorting and inspecting 
     capability currently only exists at Camp Arifjan, Kuwait, and 
     Fort Irwin, California.
       (3) After 8 years of combat and precombat training since 
     October 2001, large stockpiles of loose small arms ammunition 
     awaiting sorting have collected.
       (4) It is in the best financial and logistical interest to 
     expedite and increase the recapitalization of unused small 
     arms ammunition within the Department of Defense.
       (b) Report Required.--
       (1) In general.--Not later than 90 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 on small arms 
     ammunition.
       (2) Content.--The report required under paragraph (1) shall 
     include the following:
       (A) The plan of the Department of Defense to recoup and 
     recapitalize large quantities of loose small arms ammunition 
     (9mm, .45 caliber, 5.56mm, 7.62mm, and .50 caliber).
       (B) An assessment of the cost savings of an increased 
     industrial capacity to automatically sort and inspect large 
     quantities of loose and unused small arms ammunition in lieu 
     of manual inspection and sorting methods.
       (C) The intent of the Department of Defense to invest in 
     automatic ammunition sorting infrastructure that reduces the 
     number of personnel required to manually sort ammunition and 
     expedites ammunition usage by members of the Armed Forces for 
     combat and training.
       (D) The impact of military installations and departments 
     having the ability to automatically and mechanically sort 
     spent brass from live ammunition and visually inspect and 
     identify ammunition for quality control and authenticity.
                                 ______
                                 
  SA 1694. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:--

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

     SEC. 252. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 
                   SYSTEM.

       (a) In General.--The Secretary of the Army, acting through 
     the Assistant Secretary of the Army for Acquisition, 
     Logistics, and Technology, shall conduct a comparative 
     evaluation of an extended range modular sniper rifle system.
       (b) Elements.--The evaluation required by subsection (a) 
     shall--
       (1) use a .338 Lapua Magnum caliber weapon platform and 
     associated optics, ammunition, and visual augmentation 
     systems to compare the extended range modular sniper rifle 
     system to existing Army sniper platforms, including such 
     platforms based on the .300 Winchester Magnum caliber weapon;
       (2) include developmental testing and in-theater 
     operational testing of no fewer than 50 complete extended 
     range modular sniper rifle systems using a .338 Lapua Magnum 
     caliber weapon platform, inclusive of ammunition and 
     training; and
       (3) identify and demonstrate an integrated suite of 
     technologies capable of extending the effective range of Army 
     snipers against--
       (A) non-technical enemy vehicles and personnel wearing 
     Level III body armor to 750 meters; and
       (B) enemy positions and personnel to ranges of 1,500 
     meters.
       (c) Funding.--The Secretary of the Army shall conduct the 
     evaluation required by subsection (a) using, to the extent 
     practicable, amounts appropriated for fiscal year 2009 for an 
     extended range modular sniper rifle system that are 
     unobligated.
       (d) Report.--Not later than January 1, 2010, the Secretary 
     of the Army shall submit to the Committee on Armed Services 
     of the Senate and the Committee on Armed Services of the 
     House of Representatives a report containing the results of 
     the evaluation required by subsection (a), including detailed 
     ballistics and system performance data and an assessment of 
     operational applications and benefits of an extended range 
     modular sniper rifle system.
                                 ______
                                 
  SA 1695. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) Building foreign partner capacity is a fundamental 
     cornerstone of the security strategy of the United States.
       (2) Significant progress has been made in this area over 
     the past several years, but the United States Government must 
     continue to increase its efforts, including improving 
     reliability of funding and late notifications of school 
     availability for the International Military Education and 
     Training (IMET) program.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate and the Committee on Armed Services 
     and the Committee on Foreign Affairs of the House of 
     Representatives a report on the effectiveness and efficiency 
     of the IMET program.
       (2) Content.--The report required under paragraph (1) shall 
     include the following information broken out by year over the 
     past 10 years:
       (A) Number of courses in the IMET program available, 
     accomplished, and cancelled and an explanation therefor.
       (B) Number of students authorized and actual attendance for 
     each course and an explanation for the difference.
       (C) The total budget and actual budget executed for each 
     course in the IMET program and an explanation for the 
     difference.
       (D) The process for selecting students for the IMET 
     program, including a timeline.
       (E) The process for distributing funding for each school, 
     including a timeline.
       (F) Lessons learned to ensure student attendance and course 
     execution is maximized.

[[Page S7895]]

                                 ______
                                 
  SA 1696. Mr. ENZI 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. __. COMPLIANCE WITH WORLD TRADE ORGANIZATION PROVISIONS.

       Section 907 of the Federal Food, Drug, and Cosmetic Act (as 
     added by section 101(b)(3) of the Family Smoking Prevention 
     and Tobacco Control Act (Public law 111-31)) is amended by 
     adding at the end the following:
       ``(g) Compliance With Trade Agreements.--If the United 
     States Trade Representative notifies the Secretary that the 
     prohibition contained in subsection (a)(1)(A) with respect to 
     any artificial or natural flavor or any herb or spice may 
     result in a violation of a trade agreement, the Secretary 
     shall provide the Trade Representative with evidence in 
     support of the conclusion that the prohibition is 
     appropriately designed to protect public health. The 
     Secretary may by regulation provide an exception or revision 
     from such prohibition if necessary to ensure compliance with 
     the trade agreement.''.
                                 ______
                                 
  SA 1697. 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 479, between lines 18 and 19, insert the following:

     SEC. 1222. REPORT ON MILITARY POWER OF IRAN.

       (a) Biennial Report.--Not later than March 31, 2010, and in 
     each even-numbered year thereafter until 2020, the Secretary 
     of Defense shall submit to Congress a report, in both 
     classified and unclassified form, on the current and future 
     military strategy of the Islamic Republic of Iran. The report 
     shall address the current and probable future course of 
     military developments on the Army, Air Force, Navy, and 
     Revolutionary Guard Corps of the Islamic Republic of Iran.
       (b) Matters To Be Included.--The report required under 
     subsection (a) shall include the following elements:
       (1) As assessment of the grand strategy, security strategy, 
     and military strategy of the Government of the Islamic 
     Republic of Iran, including the following:
       (A) The goals of the grand strategy, security strategy, and 
     military strategy.
       (B) Aspects of the strategies that would be designed to 
     establish Iran as the leading power in the Middle East and to 
     enhance the influence of Iran in other regions of the world.
       (C) The security situation in the Persian Gulf and the 
     Levant.
       (D) Iranian strategy regarding other countries in the 
     Middle East region.
       (2) An assessment of the capabilities of the conventional 
     forces of the Government of the Islamic Republic of Iran, 
     including the following:
       (A) The size, location, and capabilities of the 
     conventional forces.
       (B) A detailed analysis of the conventional forces of the 
     Government of the Islamic Republic of Iran facing United 
     States forces in the region and other countries in the Middle 
     East region.
       (C) An estimate of the funding provided for each branch of 
     the conventional forces of the Government of the Islamic 
     Republic of Iran.
       (3) An assessment of the unconventional forces of the 
     Government of the Islamic Republic of Iran, including the 
     following:
       (A) The size and capability of special operations units, 
     including the Iranian Revolutionary Guard Corps-Quds Force.
       (B) The types and amount of support provided to groups 
     designated by the United States as terrorist organizations in 
     particular those forces that have been assessed as willing to 
     carry out terrorist operations on behalf of the Islamic 
     Republic of Iran.
       (C) A detailed analysis of the unconventional forces of the 
     Government of the Islamic Republic of Iran and their 
     implications for the United States and other countries in the 
     Middle East region.
       (D) An estimate of the amount of funds spent by the 
     Government of the Islamic Republic of Iran to develop and 
     support special operations forces and terrorist groups.
       (c) Definitions.--In this section:
       (1) Conventional forces of the government of iran.--The 
     term ``conventional forces of the Government of the Islamic 
     Republic of Iran''--
       (A) means military forces of the Islamic Republic of Iran 
     designed to conduct operations on sea, air, or land, other 
     than Iran's unconventional forces and Iran's strategic 
     missile forces; and
       (B) includes Iran's Army, Iran's Air Force, Iran's Navy, 
     and elements of the Iranian Revolutionary Guard Corps, other 
     than the Iranian Revolutionary Guard Corps-Quds Force.
       (2) Middle east region.--The term ``Middle East region'' 
     means--
       (A) the countries within the area of responsibility of 
     United States Central Command; and
       (B) the countries within the area covered by the Bureau of 
     Near Eastern Affairs of the Department of State.
       (3) Unconventional forces of the government of iran.--The 
     term ``unconventional forces of the Government of the Islamic 
     Republic of Iran''--
       (A) means forces of the Islamic Republic of Iran that carry 
     out missions typically associated with special operations 
     forces; and
       (B) includes--
       (i) the Iranian Revolutionary Guard Corps-Quds Force; and
       (ii) any organization that--

       (I) has been designated a terrorist organization by the 
     United States;
       (II) receives assistance from the Government of Iran; and
       (III)(aa) is assessed as being willing in some or all cases 
     of carrying out attacks on behalf of the Government of the 
     Islamic Republic of Iran; or
       (bb) is assessed as likely to carry out attacks in response 
     to a military attack by another country on the Islamic 
     Republic of Iran.

                                 ______
                                 
  SA 1698. 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 435, after line 14, insert the following:

     SEC. 1083. DESIGNATION OF NATIONAL CENTER FOR HUMAN 
                   PERFORMANCE.

       (a) In General.--The National Center for Human Performance 
     at the Texas Medical Center is hereby designated as a 
     national center for research and education in medicine and 
     related sciences to enhance human performance which could 
     include matters of relevance to the Armed Forces.
       (b) Construction.--Nothing in this section shall be 
     construed to convey on such Center status as a center of 
     excellence under the Public Health Service Act or as a center 
     of the National Institutes of Health under title IV of such 
     Act.
                                 ______
                                 
  SA 1699. 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 435, after line 14, insert the following:

     SEC. 1083. DESIGNATION OF NATIONAL CENTER FOR HUMAN 
                   PERFORMANCE.

       (a) In General.--The National Center for Human Performance 
     at the Texas Medical Center is hereby designated as a 
     national center for research and education in medicine and 
     related sciences to enhance human performance which could 
     include matters of relevance to the Armed Forces.
       (b) Construction.--Nothing in this section shall be 
     construed to convey on such Center status as a center of 
     excellence under the Public Health Service Act or as a center 
     of the National Institutes of Health under title IV of such 
     Act.
                                 ______
                                 
  SA 1700. 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 A of title XII, add the following:

     SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE 
                   COOPERATION BETWEEN THE UNITED STATES AND IRAQ.

       The President may treat an undertaking by the Government of 
     Iraq that is made between the date of the enactment of this 
     Act and December 31, 2011, as a dependable undertaking 
     described in section 22(a) of the Arms Export Control Act (22 
     U.S.C. 2762(a)) for purposes of entering into contracts for 
     the procurement of defense articles and defense services as 
     provided for in that section.
                                 ______
                                 
  SA 1701. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S7896]]


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

     SEC. 1083. SENSE OF THE SENATE ON MEDICARE AND MEDICAID 
                   SAVINGS AND MEDICAID EXPANSION.

       (a) Findings.--The Senate finds that--
       (1) the Federal Hospital Insurance Trust Fund established 
     under section 1817 of the Social Security Act (42 U.S.C. 
     1395i) is projected to be insolvent by 2017; and
       (2) the Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) is currently the 
     largest source of general revenue spending on health care for 
     both the Federal government and the States.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) any savings under the Medicare program under title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) 
     should be invested back into the Medicare program, rather 
     than creating new entitlement programs; and
       (2) the Federal Government should not expand the Medicaid 
     program under title XIX of the Social Security Act (42 U.S.C. 
     1396 et seq.) in a manner that imposes an unfunded mandate on 
     States when State budgets are already heavily burdened by 
     federally imposed requirements that force those budgets into 
     the red.
                                 ______
                                 
  SA 1702. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) In General.--Not later than December 31, 2010, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall jointly submit to the appropriate committees of 
     Congress a report on research related to post-traumatic 
     stress disorder.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The status of all studies and clinical trials that 
     involve treatments of post-traumatic stress disorder 
     conducted by the Department of Defense and the Department of 
     Veterans Affairs.
       (2) The effectiveness of alternative therapies in the 
     treatment of post-traumatic stress disorder, including the 
     therapeutic use of animals.
       (3) Identification of areas in which the Department of 
     Defense and the Department of Veterans Affairs may be 
     duplicating studies, programs, or research with respect to 
     post-traumatic stress disorder.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Veterans' Affairs of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Committee on Veterans' Affairs of the 
     House of Representatives.
                                 ______
                                 
  SA 1703. Ms. LANDRIEU (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                 DIVISION __--SBIR/STTR REAUTHORIZATION

     SEC. _001. SHORT TITLE.

       This division may be cited as the ``SBIR/STTR 
     Reauthorization Act of 2009''.

     SEC. _002. DEFINITIONS.

       In this division--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the terms ``extramural budget'', ``Federal agency'', 
     ``Small Business Innovation Research Program'', ``SBIR'', 
     ``Small Business Technology Transfer Program'', and ``STTR'' 
     have the meanings given such terms in section 9 of the Small 
     Business Act (15 U.S.C. 638); and
       (3) the term ``small business concern'' has the same 
     meaning as under section 3 of the Small Business Act (15 
     U.S.C. 632).

        TITLE __--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS

     SEC. _101. EXTENSION OF TERMINATION DATES.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended by striking ``2008'' and inserting 
     ``2017''.
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended by striking ``2009'' and 
     inserting ``2017''.

     SEC. _102. STATUS OF THE OFFICE OF TECHNOLOGY.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 
     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'';
       (3) by redesignating paragraph (8) as paragraph (9); and
       (4) by adding at the end the following:
       ``(10) to maintain an Office of Technology to carry out the 
     responsibilities of the Administration under this section, 
     which shall be--
       ``(A) headed by the Assistant Administrator for Technology, 
     who shall report directly to the Administrator; and
       ``(B) independent from the Office of Government Contracting 
     of the Administration and sufficiently staffed and funded to 
     comply with the oversight, reporting, and public database 
     responsibilities assigned to the Office of Technology by the 
     Administrator.''.

     SEC. _103. SBIR ALLOCATION INCREASE.

       Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) 
     is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Each'' and inserting ``Except as provided in paragraph 
     (2)(C), each'';
       (B) in subparagraph (B), by striking ``and'' at the end; 
     and
       (C) by striking subparagraph (C) and inserting the 
     following:
       ``(C) not less than 2.5 percent of such budget in each of 
     fiscal years 2009 and 2010;
       ``(D) not less than 2.6 percent of such budget in fiscal 
     year 2011;
       ``(E) not less than 2.7 percent of such budget in fiscal 
     year 2012;
       ``(F) not less than 2.8 percent of such budget in fiscal 
     year 2013;
       ``(G) not less than 2.9 percent of such budget in fiscal 
     year 2014;
       ``(H) not less than 3.0 percent of such budget in fiscal 
     year 2015;
       ``(I) not less than 3.1 percent of such budget in fiscal 
     year 2016;
       ``(J) not less than 3.2 percent of such budget in fiscal 
     year 2017;
       ``(K) not less than 3.3 percent of such budget in fiscal 
     year 2018;
       ``(L) not less than 3.4 percent of such budget in fiscal 
     year 2019; and
       ``(M) not less than 3.5 percent of such budget in fiscal 
     year 2020 and each fiscal year thereafter,''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (B) by striking ``A Federal agency'' and inserting the 
     following:
       ``(A) In general.--A Federal agency''; and
       (C) by adding at the end the following:
       ``(B) Department of defense and department of energy.--For 
     the Department of Defense and the Department of Energy, to 
     the greatest extent practicable, the percentage of the 
     extramural budget in excess of 2.5 percent required to be 
     expended with small business concerns under subparagraphs (D) 
     through (M) of paragraph (1)--
       ``(i) may not be used for new Phase I or Phase II awards; 
     and
       ``(ii) shall be used for activities that further the 
     readiness levels of technologies developed under Phase II 
     awards, including conducting testing and evaluation to 
     promote the transition of such technologies into commercial 
     or defense products, or systems furthering the mission needs 
     of the Department of Defense or the Department of Energy, as 
     the case may be.''.

     SEC. _104. STTR ALLOCATION INCREASE.

       Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 
     638(n)(1)(B)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking ``thereafter.'' and 
     inserting ``through fiscal year 2010;''; and
       (3) by adding at the end the following:
       ``(iii) 0.4 percent for fiscal years 2011 and 2012;
       ``(iv) 0.5 percent for fiscal years 2013 and 2014; and
       ``(v) 0.6 percent for fiscal year 2015 and each fiscal year 
     thereafter.''.

     SEC. _105. SBIR AND STTR AWARD LEVELS.

       (a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small 
     Business Act (15 U.S.C. 638(j)(2)(D)) is amended--
       (1) by striking ``$100,000'' and inserting ``$150,000''; 
     and
       (2) by striking ``$750,000'' and inserting ``$1,000,000''.
       (b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small 
     Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
       (1) by striking ``$100,000'' and inserting ``$150,000''; 
     and
       (2) by striking ``$750,000'' and inserting ``$1,000,000''.
       (c) Triennial Adjustments.--Section 9 of the Small Business 
     Act (15 U.S.C. 638) is amended--
       (1) in subsection (j)(2)(D)--
       (A) by striking ``5 years'' and inserting ``3 years''; and
       (B) by striking ``and programmatic considerations''; and
       (2) in subsection (p)(2)(B)(ix) by striking ``greater or 
     lesser amounts to be awarded at the discretion of the 
     awarding agency,'' and inserting ``an adjustment for 
     inflation of such amounts once every 3 years,''.
       (d) Limitation on Certain Awards.--Section 9 of the Small 
     Business Act (15 U.S.C. 638) is amended by adding at the end 
     the following:

[[Page S7897]]

       ``(aa) Limitation on Certain Awards.--
       ``(1) Limitation.--No Federal agency may issue an award 
     under the SBIR program or the STTR program if the size of the 
     award exceeds the award guidelines established under this 
     section by more than 50 percent.
       ``(2) Maintainance of information.--Participating agencies 
     shall maintain information on awards exceeding the guidelines 
     established under this section, including--
       ``(A) the amount of each award;
       ``(B) a justification for exceeding the award amount;
       ``(C) the identity and location of each award recipient; 
     and
       ``(D) whether a recipient has received any venture capital 
     investment and, if so, whether the recipient is majority-
     owned and controlled by multiple venture capital companies.
       ``(3) Reports.--The Administrator shall include the 
     information described in paragraph (2) in the annual report 
     of the Administrator to Congress.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to prevent a Federal agency from 
     supplementing an award under the SBIR program or the STTR 
     program using funds of the Federal agency that are not part 
     of the SBIR program or the STTR program of the Federal 
     agency.''.

     SEC. _106. AGENCY AND PROGRAM COLLABORATION.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this division, is amended by adding at the end the 
     following:
       ``(bb) Subsequent Phases.--
       ``(1) Agency collaboration.--A small business concern that 
     received an award from a Federal agency under this section 
     shall be eligible to receive an award for a subsequent phase 
     from another Federal agency, if the head of each relevant 
     Federal agency or the relevant component of the Federal 
     agency makes a written determination that the topics of the 
     relevant awards are the same and both agencies report the 
     awards to the Administrator for inclusion in the public 
     database under subsection (k).
       ``(2) SBIR and sttr collaboration.--A small business 
     concern which received an award under this section under the 
     SBIR program or the STTR program may receive an award under 
     this section for a subsequent phase in either the SBIR 
     program or the STTR program and the participating agency or 
     agencies shall report the awards to the Administrator for 
     inclusion in the public database under subsection (k).''.

     SEC. _107. ELIMINATION OF PHASE II INVITATIONS.

       (a) In General.--Section 9(e) of the Small Business Act (15 
     U.S.C. 638(e)) is amended--
       (1) in paragraph (4)(B), by striking ``to further'' and 
     inserting: ``which shall not include any invitation, pre-
     screening, pre-selection, or down-selection process for 
     eligibility for the second phase, that will further''; and
       (2) in paragraph (6)(B), by striking ``to further develop 
     proposed ideas to'' and inserting ``which shall not include 
     any invitation, pre-screening, pre-selection, or down-
     selection process for eligibility for the second phase, that 
     will further develop proposals that''.
       (b) Technical and Conforming Amendments.--The Small 
     Business Act (15 U.S.C. 638) is amended--
       (1) in section 9--
       (A) in subsection (e)--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9)--

       (I) by striking ``the second or the third phase'' and 
     inserting ``Phase II or Phase III''; and
       (II) by striking the period at the end and inserting a 
     semicolon; and

       (iii) by adding at the end the following:
       ``(10) the term `Phase I' means--
       ``(A) with respect to the SBIR program, the first phase 
     described in paragraph (4)(A); and
       ``(B) with respect to the STTR program, the first phase 
     described in paragraph (6)(A);
       ``(11) the term `Phase II' means--
       ``(A) with respect to the SBIR program, the second phase 
     described in paragraph (4)(B); and
       ``(B) with respect to the STTR program, the second phase 
     described in paragraph (6)(B); and
       ``(12) the term `Phase III' means--
       ``(A) with respect to the SBIR program, the third phase 
     described in paragraph (4)(C); and
       ``(B) with respect to the STTR program, the third phase 
     described in paragraph (6)(C).'';
       (B) in subsection (j)--
       (i) in paragraph (1)(B), by striking ``phase two'' and 
     inserting ``Phase II'';
       (ii) in paragraph (2)--

       (I) in subparagraph (B)--

       (aa) by striking ``the third phase'' each place it appears 
     and inserting ``Phase III''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II'';

       (II) in subparagraph (D)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II'';

       (III) in subparagraph (F), by striking ``the third phase'' 
     and inserting ``Phase III'';
       (IV) in subparagraph (G)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II''; and

       (V) in subparagraph (H)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I'';
       (bb) by striking ``second phase'' each place it appears and 
     inserting ``Phase II''; and
       (cc) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (iii) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) by striking ``the first phase (as described in 
     subsection (e)(4)(A))'' and inserting ``Phase I'';
       (bb) by striking ``the second phase (as described in 
     subsection (e)(4)(B))'' and inserting ``Phase II''; and
       (cc) by striking ``the third phase (as described in 
     subsection (e)(4)(C))'' and inserting ``Phase III''; and

       (II) in subparagraph (B), by striking ``second phase'' and 
     inserting ``Phase II'';

       (C) in subsection (k)--
       (i) by striking ``first phase'' each place it appears and 
     inserting ``Phase I''; and
       (ii) by striking ``second phase'' each place it appears and 
     inserting ``Phase II'';
       (D) in subsection (l)(2)--
       (i) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (ii) by striking ``the second phase'' and inserting ``Phase 
     II'';
       (E) in subsection (o)(13)--
       (i) in subparagraph (B), by striking ``second phase'' and 
     inserting ``Phase II''; and
       (ii) in subparagraph (C), by striking ``third phase'' and 
     inserting ``Phase III'';
       (F) in subsection (p)--
       (i) in paragraph (2)(B)--

       (I) in clause (vi)--

       (aa) by striking ``the second phase'' and inserting ``Phase 
     II''; and
       (bb) by striking ``the third phase'' and inserting ``Phase 
     III''; and

       (II) in clause (ix)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II''; and
       (ii) in paragraph (3)--

       (I) by striking ``the first phase (as described in 
     subsection (e)(6)(A))'' and inserting ``Phase I'';
       (II) by striking ``the second phase (as described in 
     subsection (e)(6)(B))'' and inserting ``Phase II''; and
       (III) by striking ``the third phase (as described in 
     subsection (e)(6)(A))'' and inserting ``Phase III'';

       (G) in subsection (q)(3)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``First 
     phase'' and inserting ``Phase i''; and
       (II) by striking ``first phase'' and inserting ``Phase I''; 
     and

       (ii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``Second 
     phase'' and inserting ``Phase ii''; and
       (II) by striking ``second phase'' and inserting ``Phase 
     II'';

       (H) in subsection (r)--
       (i) in the subsection heading, by striking ``Third Phase'' 
     and inserting ``Phase III'';
       (ii) in paragraph (1)--

       (I) in the first sentence--

       (aa) by striking ``for the second phase'' and inserting 
     ``for Phase II'';
       (bb) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (cc) by striking ``second phase period'' and inserting 
     ``Phase II period''; and

       (II) in the second sentence--

       (aa) by striking ``second phase'' and inserting ``Phase 
     II''; and
       (bb) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (iii) in paragraph (2), by striking ``third phase'' and 
     inserting ``Phase III''; and
       (I) in subsection (u)(2)(B), by striking ``the first 
     phase'' and inserting ``Phase I'';
       (2) in section 34--
       (A) in subsection (c)(2)(B)(ii), by striking ``first phase 
     and second phase SBIR awards'' and inserting ``Phase I and 
     Phase II SBIR awards (as defined in section 9(e))''; and
       (B) in subsection (e)(2)(A)--
       (i) in clause (i), by striking ``first phase awards'' and 
     all that follows and inserting ``Phase I awards (as defined 
     in section 9(e));''; and
       (ii) by striking ``first phase'' each place it appears and 
     inserting ``Phase I''; and
       (3) in section 35(c)(2)(B)(vii), by striking ``third 
     phase'' and inserting ``Phase III''.

     SEC. _108. MAJORITY-VENTURE INVESTMENTS IN SBIR FIRMS.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this division, is amended by 
     adding at the end the following:
       ``(cc) Majority-Venture Investments in SBIR Firms.--
       ``(1) Authority and determination.--
       ``(A) In general.--Upon a written determination provided 
     not later than 30 days in advance to the Administrator and to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives--
       ``(i) the Director of the National Institutes of Health may 
     award not more than 18 percent of the SBIR funds of the 
     National Institutes of Health allocated in accordance with 
     this Act, in the first full fiscal year beginning after the 
     date of enactment of this subsection, and each fiscal year 
     thereafter, to small business concerns that are owned in 
     majority part by venture capital companies and that satisfy 
     the qualification requirements under paragraph (2) through 
     competitive, merit-based procedures that are open to all 
     eligible small business concerns; and
       ``(ii) the head of any other Federal agency participating 
     in the SBIR program may

[[Page S7898]]

     award not more than 8 percent of the SBIR funds of the 
     Federal agency allocated in accordance with this Act, in the 
     first full fiscal year beginning after the date of enactment 
     of this subsection, and each fiscal year thereafter, to small 
     business concerns that are majority owned by venture capital 
     companies and that satisfy the qualification requirements 
     under paragraph (2) through competitive, merit-based 
     procedures that are open to all eligible small business 
     concerns.
       ``(B) Determination.--A written determination made under 
     subparagraph (A) shall explain how the use of the authority 
     under that subparagraph will induce additional venture 
     capital funding of small business innovations, substantially 
     contribute to the mission of the funding Federal agency, 
     demonstrate a need for public research, and otherwise fulfill 
     the capital needs of small business concerns for additional 
     financing for the SBIR project.
       ``(2) Qualification requirements.--The Administrator shall 
     establish requirements relating to the affiliation by small 
     business concerns with venture capital companies, which may 
     not exclude a United States small business concern from 
     participation in the program under paragraph (1) on the basis 
     that the small business concern is owned in majority part by, 
     or controlled by, more than 1 United States venture capital 
     company, so long as no single venture capital company owns 
     more than 49 percent of the small business concern.
       ``(3) Registration.--A small business concern that is 
     majority owned and controlled by multiple venture capital 
     companies and qualified for participation in the program 
     authorized under paragraph (1) shall--
       ``(A) register with the Administrator on the date that the 
     small business concern submits an application for an award 
     under the SBIR program; and
       ``(B) indicate whether the small business concern is 
     registered under subparagraph (A) in any SBIR proposal.
       ``(4) Compliance.--A Federal agency described in paragraph 
     (1) shall collect data regarding the number and dollar 
     amounts of phase I, phase II, and all other categories of 
     awards under the SBIR program, and the Administrator shall 
     report on the data and the compliance of each such Federal 
     agency with the maximum amounts under paragraph (1) as part 
     of the annual report by the Administration under subsection 
     (b)(7).
       ``(5) Enforcement.--If a Federal agency awards more than 
     the amount authorized under paragraph (1) for a purpose 
     described in paragraph (1), the amount awarded in excess of 
     the amount authorized under paragraph (1) shall be 
     transferred to the funds for general SBIR programs from the 
     non-SBIR research and development funds of the Federal agency 
     within 60 days of the date on which the Federal agency 
     awarded more than the amount authorized under paragraph (1) 
     for a purpose described in paragraph (1).''.
       (b) Technical and Conforming Amendment.--Section 3 of the 
     Small Business Act (15 U.S.C. 632) is amended by adding at 
     the end the following:
       ``(t) Venture Capital Company.--In this Act, the term 
     `venture capital company' means an entity described in clause 
     (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code 
     of Federal Regulations (or any successor thereto).''.
       (c) Assistance for Determining Affiliates.--Not later than 
     30 days after the date of enactment of this Act, the 
     Administrator shall post on the website of the Administration 
     (with a direct link displayed on the homepage of the website 
     of the Administration or the SBIR website of the 
     Administration)--
       (1) a clear explanation of the SBIR affiliation rules under 
     part 121 of title 13, Code of Federal Regulations; and
       (2) contact information for officers or employees of the 
     Administration who--
       (A) upon request, shall review an issue relating to the 
     rules described in paragraph (1); and
       (B) shall respond to a request under subparagraph (A) not 
     later than 20 business days after the date on which the 
     request is received.

     SEC. _109. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.

       Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) 
     is amended by adding at the end the following:
       ``(4) Phase iii awards.--To the greatest extent 
     practicable, Federal agencies and Federal prime contractors 
     shall issue Phase III awards relating to technology, 
     including sole source awards, to the SBIR and STTR award 
     recipients that developed the technology.''.

     SEC. _110. COLLABORATING WITH FEDERAL LABORATORIES AND 
                   RESEARCH AND DEVELOPMENT CENTERS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this division, is amended by adding at the end the 
     following:
       ``(dd) Collaborating With Federal Laboratories and Research 
     and Development Centers.--
       ``(1) Authorization.--Subject to the limitations under this 
     section, the head of each participating Federal agency may 
     make SBIR and STTR awards to any eligible small business 
     concern that--
       ``(A) intends to enter into an agreement with a Federal 
     laboratory or federally funded research and development 
     center for portions of the activities to be performed under 
     that award; or
       ``(B) has entered into a cooperative research and 
     development agreement (as defined in section 12(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d))) with a Federal laboratory.
       ``(2) Prohibition.--No Federal agency shall--
       ``(A) condition an SBIR or STTR award upon entering into 
     agreement with any Federal laboratory or any federally funded 
     laboratory or research and development center for any portion 
     of the activities to be performed under that award;
       ``(B) approve an agreement between a small business concern 
     receiving a SBIR or STTR award and a Federal laboratory or 
     federally funded laboratory or research and development 
     center, if the small business concern performs a lesser 
     portion of the activities to be performed under that award 
     than required by this section and by the SBIR Policy 
     Directive and the STTR Policy Directive of the Administrator; 
     or
       ``(C) approve an agreement that violates any provision, 
     including any data rights protections provision, of this 
     section or the SBIR and the STTR Policy Directives.
       ``(3) Implementation.--Not later than 180 days after the 
     date of enactment of this subsection, the Administrator shall 
     modify the SBIR Policy Directive and the STTR Policy 
     Directive issued under this section to ensure that small 
     business concerns--
       ``(A) have the flexibility to use the resources of the 
     Federal laboratories and federally funded research and 
     development centers; and
       ``(B) are not mandated to enter into agreement with any 
     Federal laboratory or any federally funded laboratory or 
     research and development center as a condition of an 
     award.''.

     SEC. _111. NOTICE REQUIREMENT.

       The head of any Federal agency involved in a case or 
     controversy before any Federal judicial or administrative 
     tribunal concerning the SBIR program or the STTR program 
     shall provide timely notice, as determined by the 
     Administrator, of the case or controversy to the 
     Administrator.

          TITLE __--OUTREACH AND COMMERCIALIZATION INITIATIVES

     SEC. _201. RURAL AND STATE OUTREACH.

       (a) Outreach.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended by inserting after subsection (r) the 
     following:
       ``(s) Outreach.--
       ``(1) Definition of eligible state.--In this subsection, 
     the term `eligible State' means a State--
       ``(A) for which the total value of contracts awarded to the 
     State under this section during the most recent fiscal year 
     for which data is available was less than $5,000,000; and
       ``(B) that certifies to the Administrator that the State 
     will, upon receipt of assistance under this subsection, 
     provide matching funds from non-Federal sources in an amount 
     that is not less than 50 percent of the amount provided under 
     this subsection.
       ``(2) Program authority.--Of amounts made available to 
     carry out this section for each of fiscal years 2010 through 
     2014, the Administrator may expend with eligible States not 
     more than $5,000,000 in each such fiscal year in order to 
     increase the participation of small business concerns located 
     in those States in the programs under this section.
       ``(3) Amount of assistance.--The amount of assistance 
     provided to an eligible State under this subsection in any 
     fiscal year--
       ``(A) shall be equal to not more than 50 percent of the 
     total amount of matching funds from non-Federal sources 
     provided by the State; and
       ``(B) shall not exceed $100,000.
       ``(4) Use of assistance.--Assistance provided to an 
     eligible State under this subsection shall be used by the 
     State, in consultation with State and local departments and 
     agencies, for programs and activities to increase the 
     participation of small business concerns located in the State 
     in the programs under this section, including--
       ``(A) the establishment of quantifiable performance goals, 
     including goals relating to--
       ``(i) the number of program awards under this section made 
     to small business concerns in the State; and
       ``(ii) the total amount of Federal research and development 
     contracts awarded to small business concerns in the State;
       ``(B) the provision of competition outreach support to 
     small business concerns in the State that are involved in 
     research and development; and
       ``(C) the development and dissemination of educational and 
     promotional information relating to the programs under this 
     section to small business concerns in the State.''.
       (b) Federal and State Program Extension.--Section 34 of the 
     Small Business Act (15 U.S.C. 657d) is amended--
       (1) in subsection (h), by striking ``2001 through 2005'' 
     each place it appears and inserting ``2010 through 2014''; 
     and
       (2) in subsection (i), by striking ``2005'' and inserting 
     ``2014''.
       (c) Matching Requirements.--Section 34(e)(2) of the Small 
     Business Act (15 U.S.C. 657d(e)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``50 cents'' and inserting 
     ``35 cents''; and
       (B) in clause (iii), by striking ``75 cents'' and inserting 
     ``50 cents'';
       (2) in subparagraph (B), by striking ``50 cents'' and 
     inserting ``35 cents'';
       (3) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (4) by inserting after subparagraph (B) the following:

[[Page S7899]]

       ``(C) Rural areas.--
       ``(i) In general.--Except as provided in clause (ii), the 
     non-Federal share of the cost of the activity carried out 
     using an award or under a cooperative agreement under this 
     section shall be 35 cents for each Federal dollar that will 
     be directly allocated by a recipient described in paragraph 
     (A) to serve small business concerns located in a rural area.
       ``(ii) Enhanced rural awards.--For a recipient located in a 
     rural area that is located in a State described in 
     subparagraph (A)(i), the non-Federal share of the cost of the 
     activity carried out using an award or under a cooperative 
     agreement under this section shall be 15 cents for each 
     Federal dollar that will be directly allocated by a recipient 
     described in paragraph (A) to serve small business concerns 
     located in the rural area.
       ``(iii) Definition of rural area.--In this subparagraph, 
     the term `rural area' has the meaning given that term in 
     section 1393(a)(2)) of the Internal Revenue Code of 1986.''.

     SEC. _202. SBIR-STEM WORKFORCE DEVELOPMENT GRANT PILOT 
                   PROGRAM.

       (a) Pilot Program Established.--From amounts made available 
     to carry out this section, the Administrator shall establish 
     a SBIR-STEM Workforce Development Grant Pilot Program to 
     encourage the business community to provide workforce 
     development opportunities for college students, in the fields 
     of science, technology, engineering, and math (in this 
     section referred to as ``STEM college students''), by 
     providing a SBIR bonus grant.
       (b) Eligible Entities Defined.--In this section the term 
     ``eligible entity'' means a grantee receiving a grant under 
     the SBIR Program on the date of the bonus grant under 
     subsection (a) that provides an internship program for STEM 
     college students.
       (c) Awards.--An eligible entity shall receive a bonus grant 
     equal to 10 percent of either a Phase I or Phase II grant, as 
     applicable, with a total award maximum of not more than 
     $10,000 per year.
       (d) Evaluation.--Following the fourth year of funding under 
     this section, the Administrator shall submit a report to 
     Congress on the results of the SBIR-STEM Workforce 
     Development Grant Pilot Program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $1,000,000 for fiscal year 2011;
       (2) $1,000,000 for fiscal year 2012;
       (3) $1,000,000 for fiscal year 2013;
       (4) $1,000,000 for fiscal year 2014; and
       (5) $1,000,000 for fiscal year 2015.

     SEC. _203. TECHNICAL ASSISTANCE FOR AWARDEES.

       Section 9(q)(3) of the Small Business Act (15 U.S.C. 
     638(q)(3)) is amended--
       (1) in subparagraph (A), by striking ``$4,000'' and 
     inserting ``$5,000'';
       (2) in subparagraph (B)--
       (A) by striking ``, with funds available from their SBIR 
     awards,''; and
       (B) by striking ``$4,000 per year'' and inserting ``$5,000 
     per year, which shall be in addition to the amount of the 
     recipient's award''; and
       (3) by adding at the end the following:
       ``(C) Flexibility.--In carrying out subparagraphs (A) and 
     (B), each Federal agency shall provide the allowable amounts 
     to a recipient that meets the eligibility requirements under 
     the applicable subparagraph, if the recipient requests to 
     seek technical assistance from an individual or entity other 
     than the vendor selected under paragraph (2) by the Federal 
     agency.
       ``(D) Limitation.--A Federal agency may not--
       ``(i) use the amounts authorized under subparagraph (A) or 
     (B) unless the vendor selected under paragraph (2) provides 
     the technical assistance to the recipient; or
       ``(ii) enter a contract with a vendor under paragraph (2) 
     under which the amount provided for technical assistance is 
     based on total number of Phase I or Phase II awards.''.

     SEC. _204. COMMERCIALIZATION PROGRAM AT DEPARTMENT OF 
                   DEFENSE.

       Section 9(y) of the Small Business Act (15 U.S.C. 638(y)), 
     as amended by section 834 of this Act, is amended--
       (1) in paragraph (1), by adding at the end the following: 
     ``The authority to create and administer a Commercialization 
     Program under this subsection may not be construed to 
     eliminate or replace any other SBIR program or STTR program 
     that enhances the insertion or transition of SBIR or STTR 
     technologies, including any such program in effect on the 
     date of enactment of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3136).'';
       (2) by redesignating paragraph (5) as paragraph (7); and
       (3) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense is 
     authorized to--
       ``(A) establish goals for the transition of Phase III 
     technologies in subcontracting plans; and
       ``(B) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR or STTR projects.
       ``(6) Goal for sbir and sttr technology insertion.--The 
     Secretary of Defense shall--
       ``(A) set a goal to increase the number of Phase II SBIR 
     contracts and the number of Phase II STTR contracts awarded 
     by that Secretary that lead to technology transition into 
     programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the SBIR/STTR Reauthorization Act of 2009, or create new 
     incentives, to encourage agency program managers and prime 
     contractors to meet the goal under subparagraph (A); and
       ``(C) include in the annual report to Congress the 
     percentage of contracts described in subparagraph (A) awarded 
     by that Secretary, and information on the ongoing status of 
     projects funded through the Commercialization Program and 
     efforts to transition these technologies into programs of 
     record or fielded systems.''.

     SEC. _205. COMMERCIALIZATION PILOT PROGRAM FOR CIVILIAN 
                   AGENCIES.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this division, is amended by adding at the end the 
     following:
       ``(ee) Pilot Program.--
       ``(1) Authorization.--The head of each covered Federal 
     agency may set aside not more than 10 percent of the SBIR and 
     STTR funds of such agency for further technology development, 
     testing, and evaluation of SBIR and STTR Phase II 
     technologies.
       ``(2) Application by federal agency.--
       ``(A) In general.--A covered Federal agency may not 
     establish a pilot program unless such agency makes a written 
     application to the Administrator, not later than 90 days 
     before to the first day of the fiscal year in which the pilot 
     program is to be established, that describes a compelling 
     reason that additional investment in SBIR or STTR 
     technologies is necessary, including unusually high 
     regulatory, systems integration, or other costs relating to 
     development or manufacturing of identifiable, highly 
     promising small business technologies or a class of such 
     technologies expected to substantially advance the mission of 
     the agency.
       ``(B) Determination.--The Administrator shall--
       ``(i) make a determination regarding an application 
     submitted under subparagraph (A) not later than 30 days 
     before the first day of the fiscal year for which the 
     application is submitted;
       ``(ii) publish the determination in the Federal Register; 
     and
       ``(iii) make a copy of the determination and any related 
     materials available to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives.
       ``(3) Maximum amount of award.--The head of a Federal 
     agency may not make an award under a pilot program in excess 
     of 3 times the dollar amounts generally established for Phase 
     II awards under subsection (j)(2)(D) or (p)(2)(B)(ix).
       ``(4) Matching.--The head of a Federal agency may not make 
     an award under a pilot program for SBIR or STTR Phase II 
     technology that will be acquired by the Federal Government 
     unless new private, Federal non-SBIR, or Federal non-STTR 
     funding that at least matches the award from the Federal 
     agency is provided for the SBIR or STTR Phase II technology.
       ``(5) Eligibility for award.--The head of a Federal agency 
     may make an award under a pilot program to any applicant that 
     is eligible to receive a Phase III award related to 
     technology developed in Phase II of an SBIR or STTR project.
       ``(6) Registration.--Any applicant that receives an award 
     under a pilot program shall register with the Administrator 
     in a registry that is available to the public.
       ``(7) Termination.--The authority to establish a pilot 
     program under this section expires at the end of fiscal year 
     2014.
       ``(8) Definitions.--In this section--
       ``(A) the term `covered Federal agency'--
       ``(i) means a Federal agency participating in the SBIR 
     program or the STTR program; and
       ``(ii) does not include the Department of Defense; and
       ``(B) the term `pilot program' means the program 
     established under paragraph (1).''.

     SEC. _206. NANOTECHNOLOGY INITIATIVE.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this division, is amended by 
     adding at the end the following:
       ``(ff) Nanotechnology Initiative.--Each Federal agency 
     participating in the SBIR or STTR program shall encourage the 
     submission of applications for support of nanotechnology 
     related projects to such program.''.
       (b) Sunset.--Effective October 1, 2014, subsection (ff) of 
     the Small Business Act, as added by subsection (a) of this 
     section, is repealed.

     SEC. _207. ACCELERATING CURES.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 44 as section 45; and
       (2) by inserting after section 43 the following:

     ``SEC. 44. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.

       ``(a) NIH Cures Pilot.--
       ``(1) Establishment.--An independent advisory board shall 
     be established at the National Academy of Sciences (in this 
     section referred to as the `advisory board') to conduct 
     periodic evaluations of the SBIR program (as that term is 
     defined in section 9) of

[[Page S7900]]

     each of the National Institutes of Health (referred to in 
     this section as the `NIH') institutes and centers for the 
     purpose of improving the management of the SBIR program 
     through data-driven assessment.
       ``(2) Membership.--
       ``(A) In general.--The advisory board shall consist of--
       ``(i) the Director of the NIH;
       ``(ii) the Director of the SBIR program of the NIH;
       ``(iii) senior NIH agency managers, selected by the 
     Director of NIH;
       ``(iv) industry experts, selected by the Council of the 
     National Academy of Sciences in consultation with the 
     Associate Administrator for Technology of the Administration 
     and the Director of the Office of Science and Technology 
     Policy; and
       ``(v) owners or operators of small business concerns that 
     have received an award under the SBIR program of the NIH, 
     selected by the Associate Administrator for Technology of the 
     Administration.
       ``(B) Number of members.--The total number of members 
     selected under clauses (iii), (iv), and (v) of subparagraph 
     (A) shall not exceed 10.
       ``(C) Equal representation.--The total number of members of 
     the advisory board selected under clauses (i), (ii), (iii), 
     and (iv) of subparagraph (A) shall be equal to the number of 
     members of the advisory board selected under subparagraph 
     (A)(v).
       ``(b) Addressing Data Gaps.--In order to enhance the 
     evidence-base guiding SBIR program decisions and changes, the 
     Director of the SBIR program of the NIH shall address the 
     gaps and deficiencies in the data collection concerns 
     identified in the 2007 report of the National Academies of 
     Science entitled `An Assessment of the Small Business 
     Innovation Research Program at the NIH'.
       ``(c) Pilot Program.--
       ``(1) In general.--The Director of the SBIR program of the 
     NIH may initiate a pilot program, under a formal mechanism 
     for designing, implementing, and evaluating pilot programs, 
     to spur innovation and to test new strategies that may 
     enhance the development of cures and therapies.
       ``(2) Considerations.--The Director of the SBIR program of 
     the NIH may consider conducting a pilot program to include 
     individuals with successful SBIR program experience in study 
     sections, hiring individuals with small business development 
     experience for staff positions, separating the commercial and 
     scientific review processes, and examining the impact of the 
     trend toward larger awards on the overall program.
       ``(d) Report to Congress.--The Director of the NIH shall 
     submit an annual report to Congress and the advisory board on 
     the activities of the SBIR program of the NIH under this 
     section.
       ``(e) SBIR Grants and Contracts.--
       ``(1) In general.--In awarding grants and contracts under 
     the SBIR program of the NIH each SBIR program manager shall 
     place an emphasis on applications that identify products and 
     services that may enhance the development of cures and 
     therapies.
       ``(2) Examination of commercialization and other metrics.--
     The advisory board shall evaluate the implementation of the 
     requirement under paragraph (1) by examining increased 
     commercialization and other metrics, to be determined and 
     collected by the SBIR program of the NIH.
       ``(3) Phase i and ii.--To the greatest extent practicable, 
     the Director of the SBIR program of the NIH shall reduce the 
     time period between Phase I and Phase II funding of grants 
     and contracts under the SBIR program of the NIH to 6 months.
       ``(f) Limit.--Not more than a total of 1 percent of the 
     extramural budget (as defined in section 9 of the Small 
     Business Act (15 U.S.C. 638)) of the NIH for research or 
     research and development may be used for the pilot program 
     under subsection (c) and to carry out subsection (e).
       ``(g) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of enactment of the 
     SBIR/STTR Reauthorization Act of 2009.''.

                  TITLE ___--OVERSIGHT AND EVALUATION

     SEC. _301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), 
     as amended by section _102 of this division, is amended--
       (1) in paragraph (7)--
       (A) by striking ``STTR programs, including the data'' and 
     inserting the following: ``STTR programs, including--
       ``(A) the data'';
       (B) by striking ``(g)(10), (o)(9), and (o)(15), the 
     number'' and all that follows through ``under each of the 
     SBIR and STTR programs, and a description'' and inserting the 
     following: ``(g)(8) and (o)(9); and
       ``(B) the number of proposals received from, and the number 
     and total amount of awards to, HUBZone small business 
     concerns and firms with venture capital investment (including 
     those majority owned and controlled by multiple venture 
     capital firms) under each of the SBIR and STTR programs;
       ``(C) a description of the extent to which each Federal 
     agency is increasing outreach and awards to firms owned and 
     controlled by women and social or economically disadvantaged 
     individuals under each of the SBIR and STTR programs;
       ``(D) general information about the implementation and 
     compliance with the allocation of funds required under 
     subsection (cc) for firms majority owned and controlled by 
     multiple venture capital firms under each of the SBIR and 
     STTR programs;
       ``(E) a detailed description of appeals of Phase III awards 
     and notices of noncompliance with the SBIR and the STTR 
     Policy Directives filed by the Administrator with Federal 
     agencies; and
       ``(F) a description''; and
       (2) by inserting after paragraph (7) the following:
       ``(8) to coordinate the implementation of electronic 
     databases at each of the Federal agencies participating in 
     the SBIR program or the STTR program, including the technical 
     ability of the participating agencies to electronically share 
     data;''.

     SEC. _302. DATA COLLECTION FROM AGENCIES FOR SBIR.

       Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 
     is amended--
       (1) by striking paragraph (10);
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively;
       (3) by inserting after paragraph (7) the following:
       ``(8) collect annually, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from awardees as is 
     necessary to assess the SBIR program, including information 
     necessary to maintain the database described in subsection 
     (k), including--
       ``(A) whether an awardee--
       ``(i) has venture capital or is majority owned and 
     controlled by multiple venture capital firms, and, if so--

       ``(I) the amount of venture capital that the awardee has 
     received as of the date of the award; and
       ``(II) the amount of additional capital that the awardee 
     has invested in the SBIR technology;

       ``(ii) has an investor that--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a socially or economically disadvantaged 
     individual or has a socially or economically disadvantaged 
     individual as a principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s);
       ``(vi) is a faculty member or a student of an institution 
     of higher education, as that term is defined in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001); or
       ``(vii) is located in a State described in subsection 
     (u)(3); and
       ``(B) a justification statement from the agency, if an 
     awardee receives an award in an amount that is more than the 
     award guidelines under this section;''; and
       (4) in paragraph (10), as so redesignated, by adding 
     ``and'' at the end.

     SEC. _303. DATA COLLECTION FROM AGENCIES FOR STTR.

       Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) 
     is amended--
       (1) by striking paragraph (9) and inserting the following:
       ``(9) collect annually, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from applicants and awardees 
     as is necessary to assess the STTR program outputs and 
     outcomes, including information necessary to maintain the 
     database described in subsection (k), including--
       ``(A) whether an applicant or awardee--
       ``(i) has venture capital or is majority owned and 
     controlled by multiple venture capital firms, and, if so--

       ``(I) the amount of venture capital that the applicant or 
     awardee has received as of the date of the application or 
     award, as applicable; and
       ``(II) the amount of additional capital that the applicant 
     or awardee has invested in the SBIR technology;

       ``(ii) has an investor that--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a socially or economically disadvantaged 
     individual or has a socially or economically disadvantaged 
     individual as a principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s);
       ``(vi) is a faculty member or a student of an institution 
     of higher education, as that term is defined in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001); or
       ``(vii) is located in a State in which the total value of 
     contracts awarded to small business concerns under all STTR 
     programs is less than the total value of contracts awarded to 
     small business concerns in a majority of other States, as 
     determined by the Administrator in biennial fiscal years, 
     beginning with fiscal year 2008, based on the most recent 
     statistics compiled by the Administrator; and

[[Page S7901]]

       ``(B) if an awardee receives an award in an amount that is 
     more than the award guidelines under this section, a 
     statement from the agency that justifies the award amount;'';
       (2) in paragraph (14), by adding ``and'' at the end;
       (3) by striking paragraph (15); and
       (4) by redesignating paragraph (16) as paragraph (15).

     SEC. _304. PUBLIC DATABASE.

       Section 9(k)(1) of the Small Business Act (15 U.S.C. 
     638(k)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) for each small business concern that has received a 
     Phase I or Phase II SBIR or STTR award from a Federal agency, 
     whether the small business concern--
       ``(i) has venture capital and, if so, whether the small 
     business concern is registered as majority owned and 
     controlled by multiple venture capital companies as required 
     under subsection (cc)(3);
       ``(ii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iii) is owned by a socially or economically 
     disadvantaged individual or has a socially or economically 
     disadvantaged individual as a principal investigator;
       ``(iv) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s); or
       ``(v) is owned by a faculty member or a student of an 
     institution of higher education, as that term is defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001).''.

     SEC. _305. GOVERNMENT DATABASE.

       Section 9(k)(2) of the Small Business Act (15 U.S.C. 
     638(k)(2)) is amended--
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (E), and (F), respectively;
       (2) by inserting after subparagraph (B) the following:
       ``(C) includes, for each awardee--
       ``(i) the name, size, location, and any identifying number 
     assigned to the awardee by the Administrator;
       ``(ii) whether the awardee has venture capital, and, if 
     so--

       ``(I) the amount of venture capital as of the date of the 
     award;
       ``(II) the percentage of ownership of the awardee held by a 
     venture capital firm, including whether the awardee is 
     majority owned and controlled by multiple venture capital 
     firms; and
       ``(III) the amount of additional capital that the awardee 
     has invested in the SBIR technology, which information shall 
     be collected on an annual basis;

       ``(iii) the names and locations of any affiliates of the 
     awardee;
       ``(iv) the number of employees of the awardee;
       ``(v) the number of employees of the affiliates of the 
     awardee; and
       ``(vi) the names of, and the percentage of ownership of the 
     awardee held by--

       ``(I) any individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States; 
     or
       ``(II) any person that is not an individual and is not 
     organized under the laws of a State or the United States;''; 
     and

       (3) in subparagraph (D), as so redesignated--
       (A) in clause (ii), by striking ``and'' at the end; and
       (B) by adding at the end, the following:
       ``(iv) whether the applicant was majority owned and 
     controlled by multiple venture capital firms; and
       ``(v) the number of employees of the applicant;''.

     SEC. _306. ACCURACY IN FUNDING BASE CALCULATIONS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       (1) conduct a fiscal and management audit of the SBIR 
     program and the STTR program for the applicable period to--
       (A) determine whether Federal agencies comply with the 
     expenditure amount requirements under subsections (f)(1) and 
     (n)(1) of section 9 of the Small Business Act (15 U.S.C. 
     638), as amended by this division;
       (B) assess the extent of compliance with the requirements 
     of section 9(i)(2) of the Small Business Act (15 U.S.C. 
     638(i)(2)) by Federal agencies participating in the SBIR 
     program or the STTR program and the Administration;
       (C) assess whether it would be more consistent and 
     effective to base the amount of the allocations under the 
     SBIR program and the STTR program on a percentage of the 
     research and development budget of a Federal agency, rather 
     than the extramural budget of the Federal agency; and
       (D) determine the portion of the extramural research or 
     research and development budget of a Federal agency that each 
     Federal agency spends for administrative purposes relating to 
     the SBIR program or STTR program, and for what specific 
     purposes, including the portion, if any, of such budget the 
     Federal agency spends for salaries and expenses, travel to 
     visit applicants, outreach events, marketing, and technical 
     assistance; and
       (2) submit a report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives regarding the audit 
     conducted under paragraph (1), including the assessments 
     required under subparagraphs (B) and (C), and the 
     determination made under subparagraph (D) of paragraph (1).
       (b) Definition of Applicable Period.--In this section, the 
     term ``applicable period'' means--
       (1) for the first report submitted under this section, the 
     period beginning on October 1, 2000, and ending on September 
     30 of the last full fiscal year before the date of enactment 
     of this Act for which information is available; and
       (2) for the second and each subsequent report submitted 
     under this section, the period--
       (A) beginning on October 1 of the first fiscal year after 
     the end of the most recent full fiscal year relating to which 
     a report under this section was submitted; and
       (B) ending on September 30 of the last full fiscal year 
     before the date of the report.

     SEC. _307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF 
                   SCIENCES.

       Section 108 of the Small Business Reauthorization Act of 
     2000 (15 U.S.C. 638 note) is amended by adding at the end the 
     following:
       ``(e) Extensions and Enhancements of Authority.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of the SBIR/STTR Reauthorization Act of 2009, 
     the head of each agency described in subsection (a), in 
     consultation with the Small Business Administration, shall 
     cooperatively enter into an agreement with the National 
     Academy of Sciences for the National Research Council to 
     conduct a study described in subsection (a)(1) and make 
     recommendations described in subsection (a)(2) not later than 
     4 years after the date of enactment of the SBIR/STTR 
     Reauthorization Act of 2009, and every 4 years thereafter.
       ``(2) Reporting.--An agreement under paragraph (1) shall 
     require that not later than 4 years after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2009, and 
     every 4 years thereafter, the National Research Council shall 
     submit to the head of the agency entering into the agreement, 
     the Committee on Small Business and Entrepreneurship of the 
     Senate, and the Committee on Small Business of the House of 
     Representatives a report regarding the study conducted under 
     paragraph (1) and containing the recommendations described in 
     paragraph (1).''.

     SEC. _308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this division, is amended by adding at the end the 
     following:
       ``(gg) Phase III Reporting.--The annual SBIR or STTR report 
     to Congress by the Administration under subsection (b)(7) 
     shall include, for each Phase III award made by the Federal 
     agency--
       ``(1) the name of the agency or component of the agency or 
     the non-Federal source of capital making the Phase III award;
       ``(2) the name of the small business concern or individual 
     receiving the Phase III award; and
       ``(3) the dollar amount of the Phase III award.''.

     SEC. _309. INTELLECTUAL PROPERTY PROTECTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the SBIR program to assess 
     whether--
       (1) Federal agencies comply with the data rights 
     protections for SBIR awardees and the technologies of SBIR 
     awardees under section 9 of the Small Business Act (15 U.S.C. 
     638);
       (2) the laws and policy directives intended to clarify the 
     scope of data rights, including in prototypes and mentor-
     protege relationships and agreements with Federal 
     laboratories, are sufficient to protect SBIR awardees; and
       (3) there is an effective grievance tracking process for 
     SBIR awardees who have grievances against a Federal agency 
     regarding data rights and a process for resolving those 
     grievances.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Small Business of the House 
     of Representatives a report regarding the study conducted 
     under subsection (a).

                      TITLE ___--POLICY DIRECTIVES

     SEC. _401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR 
                   POLICY DIRECTIVES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     amendments to the SBIR Policy Directive and the STTR Policy 
     Directive to conform such directives to this division and the 
     amendments made by this division.
       (b) Publishing SBIR Policy Directive and the STTR Policy 
     Directive in the Federal Register.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator 
     shall publish the amended SBIR Policy Directive and the 
     amended STTR Policy Directive in the Federal Register.

     SEC. _402. PRIORITIES FOR CERTAIN RESEARCH INITIATIVES.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(hh) Research Initiatives.--To the extent that such 
     projects relate to the mission of the Federal agency, each 
     Federal agency

[[Page S7902]]

     participating in the SBIR program or STTR program shall 
     encourage the submission of applications for support of 
     projects relating to security, energy, transportation, or 
     improving the security and quality of the water supply of the 
     United States to such program.''.
       (b) Sunset.--Effective October 1, 2014, section 9(hh) of 
     the Small Business Act, as added by subsection (a) of this 
     section, is repealed.

     SEC. _403. REPORT ON SBIR AND STTR PROGRAM GOALS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ii) Annual Report on SBIR and STTR Program Goals.--
       ``(1) Development of metrics.--The head of each Federal 
     agency required to participate in the SBIR program or the 
     STTR program shall develop metrics to evaluate the 
     effectiveness, and the benefit to the people of the United 
     States, of the SBIR program and the STTR program of the 
     Federal agency that--
       ``(A) are science-based and statistically driven;
       ``(B) reflect the mission of the Federal agency; and
       ``(C) include factors relating to the economic impact of 
     the programs.
       ``(2) Evaluation.--The head of each Federal agency 
     described in paragraph (1) shall conduct an annual evaluation 
     using the metrics developed under paragraph (1) of--
       ``(A) the SBIR program and the STTR program of the Federal 
     agency; and
       ``(B) the benefits to the people of the United States of 
     the SBIR program and the STTR program of the Federal agency.
       ``(3) Report.--
       ``(A) In general.--The head of each Federal agency 
     described in paragraph (1) shall submit to the appropriate 
     committees of Congress and the Administrator an annual report 
     describing in detail the results of an evaluation conducted 
     under paragraph (2).
       ``(B) Public availability of report.--The head of each 
     Federal agency described in paragraph (1) shall make each 
     report submitted under subparagraph (A) available to the 
     public online.
       ``(C) Definition.--In this paragraph, the term `appropriate 
     committees of Congress' means--
       ``(i) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(ii) the Committee on Small Business and the Committee on 
     Science and Technology of the House of Representatives.''.

     SEC. _404. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR 
                   PROGRAMS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(jj) Competitive Selection Procedures for SBIR and STTR 
     Programs.--All funds awarded, appropriated, or otherwise made 
     available in accordance with subsection (f) or (n) must be 
     awarded pursuant to competitive and merit-based selection 
     procedures.''.
                                 ______
                                 
  SA 1704. Mr. CARPER (for himself, Ms. Collins, and Mr. Lieberman) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. CERTAIN DISEASES PRESUMED TO BE WORK-RELATED CAUSE 
                   OF DISABILITY OR DEATH FOR FEDERAL EMPLOYEES IN 
                   FIRE PROTECTION ACTIVITIES.

       (a) Definition.--Section 8101 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(21) `employee in fire protection activities' means a 
     firefighter, paramedic, emergency medical technician, rescue 
     worker, ambulance personnel, or hazardous material worker, 
     who--
       ``(A) is trained in fire suppression;
       ``(B) has the legal authority and responsibility to engage 
     in fire suppression;
       ``(C) is engaged in the prevention, control, and 
     extinguishment of fires or response to emergency situations 
     where life, property, or the environment is at risk; and
       ``(D) performs such activities as a primary responsibility 
     of his or her job.''.
       (b) Presumption Relating to Employees in Fire Protection 
     Activities.--Section 8102 of title 5, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(c)(1)(A) With regard to an employee in fire protection 
     activities, a disease specified in paragraph (2) shall be 
     presumed to be proximately caused by the employment of such 
     employee, subject to the length of service requirements 
     specified. The disability or death of an employee in fire 
     protection activities due to such a disease shall be presumed 
     to result from personal injury sustained while in the 
     performance of such employee's duty. Such presumptions may be 
     rebutted by a preponderance of the evidence.
       ``(B) Any presumption described under subparagraph (A) 
     shall apply only if the employee in fire protection 
     activities is diagnosed with the disease for which the 
     presumption is sought within 10 years of the last active date 
     of employment as an employee in fire protection activities.
       ``(2) The following diseases shall be presumed to be 
     proximately caused by the employment of the employee in fire 
     protection activities:
       ``(A) If the employee has been employed for a minimum of 5 
     years in the aggregate as an employee in fire protection 
     activities:
       ``(i) Heart disease.
       ``(ii) Lung disease.
       ``(iii) The following cancers:
       ``(I) Brain cancer.
       ``(II) Cancer of the blood or lymphatic systems.
       ``(III) Leukemia.
       ``(IV) Lymphoma (except Hodgkin's disease).
       ``(V) Multiple myeloma.
       ``(VI) Bladder cancer.
       ``(VII) Kidney cancer.
       ``(VIII) Testicular cancer.
       ``(IX) Cancer of the digestive system.
       ``(X) Colon cancer.
       ``(XI) Liver cancer.
       ``(XII) Skin cancer.
       ``(XIII) Lung cancer.
       ``(iv) Any other cancer the contraction of which the 
     Secretary of Labor determines by regulation to be related to 
     the hazards to which an employee in fire protection 
     activities may be subject.
       ``(B) Regardless of the length of time an employee in fire 
     protection activities has been employed, any uncommon 
     infectious disease, including tuberculosis, hepatitis A, B, 
     or C, and the human immunodeficiency virus (HIV), the 
     contraction of which the Secretary of Labor determines by 
     regulation to be related to the hazards to which an employee 
     in fire protection activities may be subject.''.
       (c) Report.--Not later than 5 years after the date of 
     enactment of this Act, the National Institute of Occupational 
     Safety and Health in the Centers for Disease Control and 
     Prevention shall examine the implementation of this section 
     and appropriate scientific and medical data related to the 
     health risks associated with firefighting and submit to 
     Congress a report which shall include--
       (1) an analysis of the injury claims made under this 
     section;
       (2) an analysis of the available research related to the 
     health risks associated with firefighting; and
       (3) recommendations for any administrative or legislative 
     actions necessary to ensure that those diseases most 
     associated with firefighting are included in the presumption 
     created by this section.
       (d) Effective Date.--The amendment made by this section 
     applies to an injury that is first diagnosed, or a death that 
     occurs, on or after the date of enactment of this Act.

     SEC. 1084. NOTIFICATIONS OF POSSIBLE EXPOSURE TO INFECTIOUS 
                   DISEASES.

       Title XXVI of the Public Health Service Act (42 U.S.C. 
     300ff-11 et seq.) is amended by adding at the end the 
     following:

  ``PART G--NOTIFICATIONS OF POSSIBLE EXPOSURE TO INFECTIOUS DISEASES

     ``SEC. 2695. INFECTIOUS DISEASES AND CIRCUMSTANCES RELEVANT 
                   TO NOTIFICATION REQUIREMENTS.

       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this part, the Secretary shall complete 
     the development of--
       ``(1) a list of potentially life-threatening infectious 
     diseases to which emergency response employees may be exposed 
     in responding to emergencies;
       ``(2) guidelines describing the circumstances in which such 
     employees may be exposed to such diseases, taking into 
     account the conditions under which emergency response is 
     provided; and
       ``(3) guidelines describing the manner in which medical 
     facilities should make determinations for purposes of section 
     2697(d).
       ``(b) Specification of Airborne Infectious Diseases.--The 
     list developed by the Secretary under subsection (a)(1) shall 
     include a specification of those infectious diseases on the 
     list that are routinely transmitted through airborne or 
     aerosolized means.
       ``(c) Dissemination.--The Secretary shall--
       ``(1) transmit to State public health officers copies of 
     the list and guidelines developed by the Secretary under 
     subsection (a) with the request that the officers disseminate 
     such copies as appropriate throughout the States; and
       ``(2) make such copies available to the public.

     ``SEC. 2696. ROUTINE NOTIFICATIONS WITH RESPECT TO AIRBORNE 
                   INFECTIOUS DISEASES IN VICTIMS ASSISTED.

       ``(a) Routine Notification of Designated Officer.--
       ``(1) Determination by treating facility.--If a victim of 
     an emergency is transported by emergency response employees 
     to a medical facility and the medical facility makes a 
     determination that the victim has an airborne infectious 
     disease, the medical facility shall notify the designated 
     officer of the emergency response employees who transported 
     the victim to the medical facility of the determination.
       ``(2) Determination by facility ascertaining cause of 
     death.--If a victim of an emergency is transported by 
     emergency response employees to a medical facility and the 
     victim dies at or before reaching the medical facility, the 
     medical facility

[[Page S7903]]

     ascertaining the cause of death shall notify the designated 
     officer of the emergency response employees who transported 
     the victim to the initial medical facility of any 
     determination by the medical facility that the victim had an 
     airborne infectious disease.
       ``(b) Requirement of Prompt Notification.--With respect to 
     a determination described in paragraph (1) or (2) of 
     subsection (a), the notification required in each of such 
     paragraphs shall be made as soon as is practicable, but not 
     later than 48 hours after the determination is made.

     ``SEC. 2697. REQUEST FOR NOTIFICATIONS WITH RESPECT TO 
                   VICTIMS ASSISTED.

       ``(a) Initiation of Process by Employee.--If an emergency 
     response employee believes that the employee may have been 
     exposed to an infectious disease by a victim of an emergency 
     who was transported to a medical facility as a result of the 
     emergency, and if the employee attended, treated, assisted, 
     or transported the victim pursuant to the emergency, then the 
     designated officer of the employee shall, upon the request of 
     the employee, carry out the duties described in subsection 
     (b) regarding a determination of whether the employee may 
     have been exposed to an infectious disease by the victim.
       ``(b) Initial Determination by Designated Officer.--The 
     duties referred to in subsection (a) are that--
       ``(1) the designated officer involved collect the facts 
     relating to the circumstances under which, for purposes of 
     subsection (a), the employee involved may have been exposed 
     to an infectious disease; and
       ``(2) the designated officer evaluate such facts and make a 
     determination of whether, if the victim involved had any 
     infectious disease included on the list issued under 
     paragraph (1) of section 2695(a), the employee would have 
     been exposed to the disease under such facts, as indicated by 
     the guidelines issued under paragraph (2) of such section.
       ``(c) Submission of Request to a Medical Facility.--
       ``(1) In general.--If a designated officer makes a 
     determination under subsection (b)(2) that an emergency 
     response employee may have been exposed to an infectious 
     disease, the designated officer shall submit to the medical 
     facility to which the victim involved was transported a 
     request for a response under subsection (d) regarding the 
     victim of the emergency involved.
       ``(2) Form of request.--A request under paragraph (1) shall 
     be in writing and be signed by the designated officer 
     involved, and shall contain a statement of the facts 
     collected pursuant to subsection (b)(1).
       ``(d) Evaluation and Response Regarding Request to Medical 
     Facility.--
       ``(1) In general.--If a medical facility receives a request 
     under subsection (c), the medical facility shall evaluate the 
     facts submitted in the request and make a determination of 
     whether, on the basis of the medical information possessed by 
     the facility regarding the victim involved, the emergency 
     response employee was exposed to an infectious disease 
     included on the list issued under paragraph (1) of section 
     2695(a), as indicated by the guidelines issued under 
     paragraph (2) of such section.
       ``(2) Notification of exposure.--If a medical facility 
     makes a determination under paragraph (1) that the emergency 
     response employee involved has been exposed to an infectious 
     disease, the medical facility shall, in writing, notify the 
     designated officer who submitted the request under subsection 
     (c) of the determination.
       ``(3) Finding of no exposure.--If a medical facility makes 
     a determination under paragraph (1) that the emergency 
     response employee involved has not been exposed to an 
     infectious disease, the medical facility shall, in writing, 
     inform the designated officer who submitted the request under 
     subsection (c) of the determination.
       ``(4) Insufficient information.--
       ``(A) If a medical facility finds in evaluating facts for 
     purposes of paragraph (1) that the facts are insufficient to 
     make the determination described in such paragraph, the 
     medical facility shall, in writing, inform the designated 
     officer who submitted the request under subsection (c) of the 
     insufficiency of the facts.
       ``(B)(i) If a medical facility finds in making a 
     determination under paragraph (1) that the facility possesses 
     no information on whether the victim involved has an 
     infectious disease included on the list under section 
     2695(a), the medical facility shall, in writing, inform the 
     designated officer who submitted the request under subsection 
     (c) of the insufficiency of such medical information.
       ``(ii) If after making a response under clause (i) a 
     medical facility determines that the victim involved has an 
     infectious disease, the medical facility shall make the 
     determination described in paragraph (1) and provide the 
     applicable response specified in this subsection.
       ``(e) Time for Making Response.--After receiving a request 
     under subsection (c) (including any such request resubmitted 
     under subsection (g)(2)), a medical facility shall make the 
     applicable response specified in subsection (d) as soon as is 
     practicable, but not later than 48 hours after receiving the 
     request.
       ``(f) Death of Victim of Emergency.--
       ``(1) Facility ascertaining cause of death.--If a victim 
     described in subsection (a) dies at or before reaching the 
     medical facility involved, and the medical facility receives 
     a request under subsection (c), the medical facility shall 
     provide a copy of the request to the medical facility 
     ascertaining the cause of death of the victim, if such 
     facility is a different medical facility than the facility 
     that received the original request.
       ``(2) Responsibility of facility.--Upon the receipt of a 
     copy of a request for purposes of paragraph (1), the duties 
     otherwise established in this part regarding medical 
     facilities shall apply to the medical facility ascertaining 
     the cause of death of the victim in the same manner and to 
     the same extent as such duties apply to the medical facility 
     originally receiving the request.
       ``(g) Assistance of Public Health Officer.--
       ``(1) Evaluation of response of medical facility regarding 
     insufficient facts.--
       ``(A) In the case of a request under subsection (c) to 
     which a medical facility has made the response specified in 
     subsection (d)(4)(A) regarding the insufficiency of facts, 
     the public health officer for the community in which the 
     medical facility is located shall evaluate the request and 
     the response, if the designated officer involved submits such 
     documents to the officer with the request that the officer 
     make such an evaluation.
       ``(B) As soon as is practicable after a public health 
     officer receives a request under paragraph (1), but not later 
     than 48 hours after receipt of the request, the public health 
     officer shall complete the evaluation required in such 
     paragraph and inform the designated officer of the results of 
     the evaluation.
       ``(2) Findings of evaluation.--
       ``(A) If an evaluation under paragraph (1)(A) indicates 
     that the facts provided to the medical facility pursuant to 
     subsection (c) were sufficient for purposes of determinations 
     under subsection (d)(1)--
       ``(i) the public health officer shall, on behalf of the 
     designated officer involved, resubmit the request to the 
     medical facility; and
       ``(ii) the medical facility shall provide to the designated 
     officer the applicable response specified in subsection (d).
       ``(B) If an evaluation under paragraph (1)(A) indicates 
     that the facts provided in the request to the medical 
     facility were insufficient for purposes of determinations 
     specified in subsection (c)--
       ``(i) the public health officer shall provide advice to the 
     designated officer regarding the collection and description 
     of appropriate facts; and
       ``(ii) if sufficient facts are obtained by the designated 
     officer--

       ``(I) the public health officer shall, on behalf of the 
     designated officer involved, resubmit the request to the 
     medical facility; and
       ``(II) the medical facility shall provide to the designated 
     officer the appropriate response under subsection (c).

     ``SEC. 2698. PROCEDURES FOR NOTIFICATION OF EXPOSURE.

       ``(a) Contents of Notification to Officer.--In making a 
     notification required under section 2696 or 2697(d)(2), a 
     medical facility shall provide--
       ``(1) the name of the infectious disease involved; and
       ``(2) the date on which the victim of the emergency 
     involved was transported by emergency response employees to 
     the medical facility involved.
       ``(b) Manner of Notification.--If a notification under 
     section 2696 or 2697(d)(2) is mailed or otherwise indirectly 
     made--
       ``(1) the medical facility sending the notification shall, 
     upon sending the notification, inform the designated officer 
     to whom the notification is sent of the fact that the 
     notification has been sent; and
       ``(2) such designated officer shall, not later than 10 days 
     after being informed by the medical facility that the 
     notification has been sent, inform such medical facility 
     whether the designated officer has received the notification.

     ``SEC. 2699. NOTIFICATION OF EMPLOYEE.

       ``(a) In General.--After receiving a notification for 
     purposes of section 2696 or 2697(d)(2), a designated officer 
     of emergency response employees shall, to the extent 
     practicable, immediately notify each of such employees who--
       ``(1) responded to the emergency involved; and
       ``(2) as indicated by guidelines developed by the 
     Secretary, may have been exposed to an infectious disease.
       ``(b) Certain Contents of Notification to Employee.--A 
     notification under this subsection to an emergency response 
     employee shall inform the employee of--
       ``(1) the fact that the employee may have been exposed to 
     an infectious disease and the name of the disease involved;
       ``(2) any action by the employee that, as indicated by 
     guidelines developed by the Secretary, is medically 
     appropriate; and
       ``(3) if medically appropriate under such criteria, the 
     date of such emergency.
       ``(c) Responses Other Than Notification of Exposure.--After 
     receiving a response under paragraph (3) or (4) of subsection 
     (d) of section 2697, or a response under subsection (g)(1) of 
     such section, the designated officer for the employee shall, 
     to the extent practicable, immediately inform the employee of 
     the response.

     ``SEC. 2699A. SELECTION OF DESIGNATED OFFICERS.

       ``(a) In General.--For the purposes of receiving 
     notifications and responses and making requests under this 
     part on behalf of emergency response employees, the public 
     health officer of each State shall designate 1 official or 
     officer of each employer of emergency response employees in 
     the State.

[[Page S7904]]

       ``(b) Preference in Making Designations.--In making the 
     designations required in subsection (a), a public health 
     officer shall give preference to individuals who are trained 
     in the provision of health care or in the control of 
     infectious diseases.

     ``SEC. 2699B. LIMITATIONS WITH RESPECT TO DUTIES OF MEDICAL 
                   FACILITIES.

       ``The duties established in this part for a medical 
     facility--
       ``(1) shall apply only to medical information possessed by 
     the facility during the period in which the facility is 
     treating the victim for conditions arising from the 
     emergency, or during the 60-day period beginning on the date 
     on which the victim is transported by emergency response 
     employees to the facility, whichever period expires first; 
     and
       ``(2) shall not apply to any extent after the expiration of 
     the 30-day period beginning on the expiration of the 
     applicable period referred to in paragraph (1), except that 
     such duties shall apply with respect to any request under 
     section 2697(c) received by a medical facility before the 
     expiration of such 30-day period.

     ``SEC. 2699C. RULES OF CONSTRUCTION.

       ``(a) Liability of Medical Facilities and Designated 
     Officers.--This part may not be construed to authorize any 
     cause of action for damages or any civil penalty against any 
     medical facility, or any designated officer, for failure to 
     comply with the duties established in this part.
       ``(b) Testing.--This part may not, with respect to victims 
     of emergencies, be construed to authorize or require a 
     medical facility to test any such victim for any infectious 
     disease.
       ``(c) Confidentiality.--This part may not be construed to 
     authorize or require any medical facility, any designated 
     officer of emergency response employees, or any such 
     employee, to disclose identifying information with respect to 
     a victim of an emergency or with respect to an emergency 
     response employee.
       ``(d) Failure to Provide Emergency Services.--This part may 
     not be construed to authorize any emergency response employee 
     to fail to respond, or to deny services, to any victim of an 
     emergency.

     ``SEC. 2699D. INJUNCTIONS REGARDING VIOLATION OF PROHIBITION.

       ``(a) In General.--The Secretary may, in any court of 
     competent jurisdiction, commence a civil action for the 
     purpose of obtaining temporary or permanent injunctive relief 
     with respect to any violation of this part.
       ``(b) Facilitation of Information on Violations.--The 
     Secretary shall establish an administrative process for 
     encouraging emergency response employees to provide 
     information to the Secretary regarding violations of this 
     part. As appropriate, the Secretary shall investigate alleged 
     such violations and seek appropriate injunctive relief.

     ``SEC. 2699E. APPLICABILITY OF PART.

       ``This part shall not apply in a State if the chief 
     executive officer of the State certifies to the Secretary 
     that the law of the State is in substantial compliance with 
     this part.''.
                                 ______
                                 
  SA 1705. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 245. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE 
                   MISSILE DEFENSE.

       Section 232(c)(1) of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     122 Stat. 4392) is amended by striking ``October 31, 2010'' 
     and inserting ``March 1, 2011''.
                                 ______
                                 
  SA 1706. Mr. DORGAN (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       (a) In General.--The Secretary of Defense and the Secretary 
     of Transportation shall, after consultation with the 
     Secretary of Homeland Security, jointly develop a plan for 
     providing access to the national airspace for unmanned 
     aircraft of the Department of Defense.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) A description of how the Department of Defense and the 
     Department of Transportation will communicate and cooperate, 
     at the executive, management, and action levels, to provide 
     access to the national airspace for unmanned aircraft of the 
     Department of Defense.
       (2) Specific milestones, aligned to operational and 
     training needs, for providing access to the national airspace 
     for unmanned aircraft and a transition plan for sites 
     programmed to be activated as unmanned aerial system sites 
     during fiscal years 2010 through 2015.
       (3) Recommendations for policies with respect to use of the 
     national airspace, flight standards, and operating procedures 
     that should be implemented by the Department of Defense and 
     the Department of Transportation to accommodate unmanned 
     aircraft assigned to any State or territory of the United 
     States.
       (4) An identification of resources required by the 
     Department of Defense and the Department of Transportation to 
     execute the plan.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Transportation shall submit to the congressional 
     defense committees, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report containing the plan required by 
     subsection (a).
                                 ______
                                 
  SA 1707. Mrs. SHAHEEN 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, insert the following:

     SEC. 557. REPORT ON YELLOW RIBBON REINTEGRATION PROGRAM.

       (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 congressional defense committees a report 
     on the various reintegration programs being administered in 
     support of National Guard and Reserve members and their 
     families.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An evaluation of the initial implementation of the 
     Yellow Ribbon Reintegration Program in fiscal year 2009.
       (2) An assessment of the feasibility of incorporating the 
     best practices from the supplementary full deployment 
     services pilot programs of various States into the Yellow 
     Ribbon program.
       (3) An assessment of the extent to which Yellow Ribbon 
     funding, although requested in multiple component accounts, 
     supports robust joint programs that provide reintegration and 
     support services to National Guard and Reserve members and 
     their families regardless of military affiliation.
       (4) An assessment of the extent to which Yellow Ribbon 
     programs are coordinating closely with the Department of 
     Veterans Affairs and its various veterans' programs.
       (5) Plans for further implementation of the Yellow Ribbon 
     Reintegration Program in fiscal year 2010.
                                 ______
                                 
  SA 1708. Mr. BURR 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. __. UNITED STATES COORDINATOR FOR BIOSECURITY.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the President shall appoint, as an 
     officer within the Executive Office of the President, a 
     ``Coordinator for Biosecurity'' (referred to in this section 
     as the ``Coordinator'').
       (b) Officer.--
       (1) Responsibility.--The Coordinator shall be responsible 
     on a full-time basis for the responsibilities described in 
     this section.
       (2) Limitation.--No person shall serve as Coordinator while 
     serving in any other position in the Federal Government.
       (c) Duties.--The responsibilities of the Coordinator shall 
     include each of the following:
       (1) Serving as the principal advisor to the President on 
     all matters relating to biosecurity, including related public 
     health preparedness.
       (2) Developing a comprehensive and well-coordinated, near- 
     and long-term, United States strategy and policies for 
     preventing, preparing for, and responding to biological 
     threats and attacks, including related public health 
     preparedness, which strategies and policies shall include--
       (A) strengthening of United States intelligence collection 
     efforts, to identify foreign or domestic plans to develop 
     biological weapons and to interdict any effort to use 
     biological weapons against the United States before such use 
     can take place;
       (B) building capacity to mitigate the consequences of 
     biological threats and attacks, including the coordination of 
     global biosurveillance efforts to provide early warning

[[Page S7905]]

     detection and situational awareness of deliberately caused 
     and natural disease outbreaks and improving the capacity of 
     public health and medical care systems;
       (C) accelerating the development, manufacture, and 
     procurement of medical countermeasures, including new and 
     innovative medicines, vaccines, and diagnostics, and 
     strengthening production capabilities;
       (D) ensuring that domestic and international biosecurity 
     programs are coordinated and optimized to enable robust 
     research and development efforts while limiting the risk of 
     diversion of pathogens for malevolent purposes;
       (E) identifying clear and measurable objectives, 
     milestones, and targets to which departments and agencies can 
     be held accountable;
       (F) identification of gaps, duplication, and other 
     inefficiencies in programs, initiatives, and activities and 
     the steps necessary to overcome those obstacles;
       (G) developing and carrying out plans to coordinate United 
     States programs, initiatives, and other activities relating 
     to the prevention of, preparation for, and response to, 
     biological threats and attacks (including related public 
     health preparedness), including activities of the Department 
     of Health and Human Services, the Department of Defense, the 
     Department of State, the Department of Homeland Security, the 
     Department of Agriculture, the Environmental Protection 
     Agency, the National Science Foundation, and other Federal 
     agencies involved with biosecurity activities; and
       (H) coordination of activities with biosecurity 
     stakeholders.
       (3) Leading interagency coordination of United States 
     efforts to implement the strategy and policies described in 
     paragraphs (2) and (6).
       (4) Conducting oversight and evaluation of the 
     implementation of programs, initiatives, and activities to 
     prevent, prepare for, and respond to biological threats and 
     attacks, including related public health preparedness 
     activities, by relevant government departments and agencies.
       (5) Overseeing the development of a comprehensive and 
     coordinated budget for programs, initiatives, and activities 
     to prevent, prepare for, and respond to, biological threats 
     and attacks, including related public health preparedness, by 
     ensuring that such budget adequately reflects the priorities 
     of the challenges and is effectively executed, and carrying 
     out other appropriate budgetary authorities.
       (6) Carrying out such additional duties related to 
     biosecurity as the President may determine to be appropriate 
     and consistent with the duties listed in paragraph (2).
       (d) Staff.--The Coordinator may, consistent with subsection 
     (a)--
       (1) appoint, employ, fix the compensation of, and terminate 
     the employment of such personnel as may be necessary to 
     enable the Coordinator to perform the Coordinator's duties 
     under this section and may fix that compensation without 
     regard to chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for a member of the personnel may not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of such title;
       (2) direct, with the concurrence of the Secretary of a 
     department or head of an agency, the temporary reassignment 
     within the Federal Government of personnel employed by such 
     department or agency, in order to implement United States 
     policy with regard to biosecurity, including related public 
     health preparedness;
       (3) use or enter into an agreement to use, for 
     administrative purposes, on a reimbursable basis, the 
     available services, equipment, personnel, and facilities of 
     Federal, State, and local agencies; and
       (4) procure the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code, 
     relating to appointments in the Federal Service, at daily 
     rates of compensation for individuals not to exceed the daily 
     equivalent of the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (e) Annual Report on Strategic Plan.--For fiscal year 2011 
     and each fiscal year thereafter, the Coordinator shall submit 
     to Congress, on the date that the President submits the 
     budget of the United States Government to Congress under 
     section 1105 of title 31, United States Code, a report on the 
     strategy and policies developed pursuant to subsection 
     (c)(2), together with any recommendations of the Coordinator 
     for legislative changes that the Coordinator considers 
     appropriate with respect to such strategy and policies and 
     their implementation.
       (f) Participation of Coordinator for Biosecurity in the 
     National Security Council and in the Homeland Security 
     Council.--
       (1) National security council.--Section 101 of the National 
     Security Act of 1947 (50 U.S.C. 402) is amended by adding at 
     the end the following:
       ``(m) Participation of Coordinator for Biosecurity.--The 
     United States Coordinator for Biosecurity (or, in the 
     Coordinator's absence, the individual designated by the 
     President to serve as the Acting Coordinator for Biosecurity) 
     may, in the performance of the Coordinator's duty as 
     principal advisor to the President on all matters relating to 
     biosecurity, and, subject to the direction of the President, 
     attend and participate in meetings of the National Security 
     Council.''.
       (2) Homeland security council.--Section 903 of the Homeland 
     Security Act of 2002 (6 U.S.C. 493) is amended by adding at 
     the end the following new subsection:
       ``(c) Attendance of the Coordinator for Biosecurity.--The 
     United States Coordinator for Biosecurity (or, in the 
     Coordinator's absence, the individual designated by the 
     President to serve as the Acting Coordinator for Biosecurity) 
     may, in the performance of the Coordinator's duty as 
     principal advisor to the President on all matters relating to 
     biosecurity, and, subject to the direction of the President, 
     attend and participate in meetings of the Council.''.
                                 ______
                                 
  SA 1709. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. AUTHORITY TO USE OH-38 AIRCRAFT FUNDING FOR 
                   IMPROVEMENTS AND MODIFICATIONS TO ARMY AND 
                   SPECIAL OPERATIONS ROTORCRAFT.

       Notwithstanding any other provision of law, amounts 
     authorized to be appropriated by this or any other Act for 
     the purpose of enhancing, improving or modifying OH-58 
     aircraft may be used for that purpose and for enhancing, 
     improving, or modifying any existing Army or Special 
     Operation Forces rotorcraft for the purpose of providing 
     armed scout helicopter mission capability.
                                 ______
                                 
  SA 1710. Mr. LEVIN (for himself, Mr. McCain, and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 321, in the table of subchapters in the quoted text 
     following line 21, strike the items relating to subchapters 
     V, VI, and VII, and insert the following:

``V. Classified Information Procedures..........................949p-1.
``VI. Sentences...................................................949s.
``VII. Post-Trial Procedures and Review of Military Commissions...950a.
``VIII. Punitive Matters..........................................950p.

       On page 323, between lines 22 and 23, insert the following:
       ``(8) National security.--The term ``national security'' 
     means the national defense and foreign relations of the 
     United States.
       Beginning on page 347, strike line 19 and all that follows 
     through page 349, line 10.
       On page 354, strike line 13 and all that follows through 
     page 355, line 10.
       On page 360, strike line 24 and insert the following:

           ``SUBCHAPTER V--CLASSIFIED INFORMATION PROCEDURES

``Sec.
``949p-1. Protection of classified information: applicability of 
              subchapter.
``949p-2. Pretrial conference.
``949p-3. Protective orders.
``949p-4. Discovery of, and access to, classified information by the 
              accused.
``949p-5. Notice by accused of intention to disclose classified 
              information.
``949p-6. Procedure for cases involving classified information.
``949p-7. Introduction of classified information into evidence.

     ``Sec. 949p-1. Protection of classified information: 
       applicability of subchapter

       ``(a) Protection of Classified Information.--Classified 
     information shall be protected and is privileged from 
     disclosure if disclosure would be detrimental to the national 
     security. Under no circumstances may a military judge order 
     the release of classified information to any person not 
     authorized to receive such information.
       ``(b) Access to Evidence.--Any information admitted into 
     evidence pursuant to any rule, procedure, or order by the 
     military judge shall be provided to the accused.
       ``(c) Declassification.--Trial counsel shall work with the 
     original classification authorities for evidence that may be 
     used at trial to ensure that such evidence is declassified to 
     the maximum extent possible, consistent with the requirements 
     of national security. A decision not to declassify evidence 
     under this section shall not be subject to review by a 
     military commission or upon appeal.
       ``(d) Construction of Provisions.--The judicial 
     construction of the Classified Information Procedures Act (18 
     U.S.C. App.) shall be authoritative in the interpretation of 
     this subchapter, except to the extent that such construction 
     is inconsistent with the specific requirements of this 
     chapter.

     ``Sec. 949p-2. Pretrial conference

       ``(a) Motion.--At any time after service of charges, any 
     party may move for a pretrial

[[Page S7906]]

     conference to consider matters relating to classified 
     information that may arise in connection with the 
     prosecution.
       ``(b) Conference.--Following a motion under subsection (a), 
     or sua sponte, the military judge shall promptly hold a 
     pretrial conference. Upon request by either party, the court 
     shall hold such conference ex parte to the extent necessary 
     to protect classified information from disclosure, in 
     accordance with the practice of the Federal courts under the 
     Classified Information Procedures Act (18 U.S.C. App.).
       ``(c) Matters To Be Established at Pretrial Conference.--
       ``(1) Timing of subsequent actions.--At the pretrial 
     conference, the military judge shall establish the timing 
     of--
       ``(A) requests for discovery;
       ``(B) the provision of notice required by section 949p-5 of 
     this title; and
       ``(C) the initiation of the procedure established by 
     section 949p-6 of this title.
       ``(2) Other matters.--At the pretrial conference, the 
     military judge may also consider any matter--
       ``(A) which relates to classified information; or
       ``(B) which may promote a fair and expeditious trial.
       ``(d) Effect of Admissions by Accused at Pretrial 
     Conference.--No admission made by the accused or by any 
     counsel for the accused at a pretrial conference under this 
     section may be used against the accused unless the admission 
     is in writing and is signed by the accused and by the counsel 
     for the accused.

     ``Sec. 949p-3. Protective orders

       ``Upon motion of the trial counsel, the military judge 
     shall issue an order to protect against the disclosure of any 
     classified information that has been disclosed by the United 
     States to any accused in any military commission under this 
     chapter or that has otherwise been provided to, or obtained 
     by, any such accused in any such military commission.

     ``Sec. 949p-4. Discovery of, and access to, classified 
       information by the accused

       ``(a) Limitations on Discovery or Access by the Accused.--
       ``(1) Declarations by the united states of damage to 
     national security.--In any case before a military commission 
     in which the United States seeks to delete, withhold, or 
     otherwise obtain other relief with respect to the discovery 
     of or access to any classified information, the trial counsel 
     shall submit a declaration invoking the United States' 
     classified information privilege and setting forth the damage 
     to the national security that the discovery of or access to 
     such information reasonably could be expected to cause. The 
     declaration shall be signed by a knowledgeable United States 
     official possessing authority to classify information.
       ``(2) Standard for authorization of discovery or access.--
     Upon the submission of a declaration under paragraph (1), the 
     military judge shall not authorize the discovery of or access 
     to such classified information unless the military judge 
     determines that such classified information would be 
     noncumulative, relevant, and helpful to a legally cognizable 
     defense, rebuttal of the prosecution's case, or to 
     sentencing, in accordance with standards generally applicable 
     to discovery of or access to classified information in 
     Federal criminal cases. If the discovery of or access to such 
     classified information is authorized, it shall be addressed 
     in accordance with the requirements of subsection (b).
       ``(b) Discovery of Classified Information.--
       ``(1) Substitutions and other relief.--The military judge, 
     in assessing the accused's discovery of or access to 
     classified information under this section, may authorize the 
     United States--
       ``(A) to delete or withhold specified items of classified 
     information;
       ``(B) to substitute a summary for classified information; 
     or
       ``(C) to substitute a statement admitting relevant facts 
     that the classified information or material would tend to 
     prove.
       ``(2) Ex parte presentations.--The military judge shall 
     permit the trial counsel to make a request for an 
     authorization under paragraph (1) in the form of an ex parte 
     presentation to the extent necessary to protect classified 
     information, in accordance with the practice of the Federal 
     courts under the Classified Information Procedures Act (18 
     U.S.C. App.). If the military judge enters an order granting 
     relief following such an ex parte showing, the entire text of 
     the written submission shall be sealed and preserved in the 
     records of the military commission to be made available to 
     the appellate court in the event of an appeal.
       ``(3) Action by military judge.--The military judge shall 
     grant the request of the trial counsel to substitute a 
     summary or to substitute a statement admitting relevant 
     facts, or to provide other relief in accordance with 
     paragraph (1), if the military judge finds that the summary, 
     statement, or other relief would provide the accused with 
     substantially the same ability to make a defense as would 
     discovery of or access to the specific classified 
     information.
       ``(c) Reconsideration.--An order of a military judge 
     authorizing a request of the trial counsel to substitute, 
     summarize, withhold, or prevent access to classified 
     information under this section is not subject to a motion for 
     reconsideration by the accused, if such order was entered 
     pursuant to an ex parte showing under this section.

     ``Sec. 949p-5. Notice by accused of intention to disclose 
       classified information

       ``(a) Notice by Accused.--
       ``(1) Notification of trial counsel and military judge.--If 
     an accused reasonably expects to disclose, or to cause the 
     disclosure of, classified information in any manner in 
     connection with any trial or pretrial proceeding involving 
     the prosecution of such accused, the accused shall, within 
     the time specified by the military judge or, where no time is 
     specified, within 30 days before trial, notify the trial 
     counsel and the military judge in writing. Such notice shall 
     include a brief description of the classified information. 
     Whenever the accused learns of additional classified 
     information the accused reasonably expects to disclose, or to 
     cause the disclosure of, at any such proceeding, the accused 
     shall notify trial counsel and the military judge in writing 
     as soon as possible thereafter and shall include a brief 
     description of the classified information.
       ``(2) Limitation on disclosure by accused.--No accused 
     shall disclose, or cause the disclosure of, any information 
     known or believed to be classified in connection with a trial 
     or pretrial proceeding until--
       ``(A) notice has been given under paragraph (1); and
       ``(B) the United States has been afforded a reasonable 
     opportunity to seek a determination pursuant to the procedure 
     set forth in section 949p-6 of this title and the time for 
     the United States to appeal such determination under section 
     950d of this title has expired or any appeal under that 
     section by the United States is decided.
       ``(b) Failure To Comply.--If the accused fails to comply 
     with the requirements of subsection (a), the military judge--
       ``(1) may preclude disclosure of any classified information 
     not made the subject of notification; and
       ``(2) may prohibit the examination by the accused of any 
     witness with respect to any such information.

     ``Sec. 949p-6. Procedure for cases involving classified 
       information

       ``(a) Motion for Hearing.--
       ``(1) Request for hearing.--Within the time specified by 
     the military judge for the filing of a motion under this 
     section, either party may request the military judge to 
     conduct a hearing to make all determinations concerning the 
     use, relevance, or admissibility of classified information 
     that would otherwise be made during the trial or pretrial 
     proceeding.
       ``(2) Conduct of hearing.--Upon a request by either party 
     under paragraph (1), the military judge shall conduct such a 
     hearing and shall rule prior to conducting any further 
     proceedings.
       ``(3) In camera hearing upon declaration to court by 
     appropriate official of risk of disclosure of classified 
     information.--Any hearing held pursuant to this subsection 
     (or any portion of such hearing specified in the request of a 
     knowledgeable United States official) shall be held in camera 
     if a knowledgeable United States official possessing 
     authority to classify information submits to the military 
     judge a declaration that a public proceeding may result in 
     the disclosure of classified information. Classified 
     information is not subject to disclosure under this section 
     unless the information is relevant and necessary to an 
     element of the offense or a legally cognizable defense and is 
     otherwise admissible in evidence.
       ``(4) Military judge to make determinations in writing.--As 
     to each item of classified information, the military judge 
     shall set forth in writing the basis for the determination.
       ``(b) Notice and Use of Classified Information by the 
     Government.--
       ``(1) Notice to accused.--Before any hearing is conducted 
     pursuant to a request by the trial counsel under subsection 
     (a), trial counsel shall provide the accused with notice of 
     the classified information that is at issue. Such notice 
     shall identify the specific classified information at issue 
     whenever that information previously has been made available 
     to the accused by the United States. When the United States 
     has not previously made the information available to the 
     accused in connection with the case the information may be 
     described by generic category, in such forms as the military 
     judge may approve, rather than by identification of the 
     specific information of concern to the United States.
       ``(2) Order by military judge upon request of accused.--
     Whenever the trial counsel requests a hearing under 
     subsection (a), the military judge, upon request of the 
     accused, may order the trial counsel to provide the accused, 
     prior to trial, such details as to the portion of the charge 
     or specification at issue in the hearing as are needed to 
     give the accused fair notice to prepare for the hearing.
       ``(c) Substitutions.--
       ``(1) In camera pretrial hearing.--Upon request of the 
     trial counsel pursuant to the Military Commission Rules of 
     Evidence, and in accordance with the security procedures 
     established by the military judge, the military judge shall 
     conduct a classified in camera pretrial hearing concerning 
     the admissibility of classified information.
       ``(2) Protection of sources, methods, and activities by 
     which evidence acquired.--The military judge shall permit the 
     trial counsel to introduce otherwise admissible evidence, 
     including a substituted evidentiary foundation pursuant to 
     the procedures described in subsection (d), before a military

[[Page S7907]]

     commission while protecting from disclosure the sources, 
     methods, or activities by which the United States acquired 
     the evidence if the military judge finds that the sources, 
     methods, or activities are classified, the evidence is 
     reliable, and the redaction is consistent with affording the 
     accused a fair trial.
       ``(d) Alternative Procedure for Disclosure of Classified 
     Information.--
       ``(1) Motion by the united states.--Upon any determination 
     by the military judge authorizing the disclosure of specific 
     classified information under the procedures established by 
     this section, the trial counsel may move that, in lieu of the 
     disclosure of such specific classified information, the 
     military judge order--
       ``(A) the substitution for such classified information of a 
     statement admitting relevant facts that the specific 
     classified information would tend to prove;
       ``(B) the substitution for such classified information of a 
     summary of the specific classified information; or
       ``(C) any other procedure or redaction limiting the 
     disclosure of specific classified information.
       ``(2) Action on motion.--The military judge shall grant 
     such a motion of the trial counsel if the military judge 
     finds that the statement, summary, or other procedure or 
     redaction will provide the defendant with substantially the 
     same ability to make his defense as would disclosure of the 
     specific classified information.
       ``(3) Hearing on motion.--The military judge shall hold a 
     hearing on any motion under this subsection. Any such hearing 
     shall be held in camera at the request of a knowledgeable 
     United States official possessing authority to classify 
     information.
       ``(4) Submission of statement of damage to national 
     security if disclosure ordered.--The trial counsel may, in 
     connection with a motion under paragraph (1), submit to the 
     military judge a declaration signed by a knowledgeable United 
     States official possessing authority to classify information 
     certifying that disclosure of classified information would 
     cause identifiable damage to the national security of the 
     United States and explaining the basis for the classification 
     of such information. If so requested by the trial counsel, 
     the military judge shall examine such declaration during an 
     ex parte presentation.
       ``(e) Sealing of Records of in Camera Hearings.--If at the 
     close of an in camera hearing under this section (or any 
     portion of a hearing under this section that is held in 
     camera), the military judge determines that the classified 
     information at issue may not be disclosed or elicited at the 
     trial or pretrial proceeding, the record of such in camera 
     hearing shall be sealed and preserved for use in the event of 
     an appeal. The accused may seek reconsideration of the 
     military judge's determination prior to or during trial.
       ``(f) Prohibition on Disclosure of Classified Information 
     by the Accused; Relief for Accused When the United States 
     Opposes Disclosure.--
       ``(1) Order to prevent disclosure by accused.--Whenever the 
     military judge denies a motion by the trial counsel that the 
     judge issue an order under subsection (a), (c), or (d) and 
     the trial counsel files with the military judge a declaration 
     signed by a knowledgeable United States official possessing 
     authority to classify information objecting to disclosure of 
     the classified information at issue, the military judge shall 
     order that the accused not disclose or cause the disclosure 
     of such information.
       ``(2) Result of order under paragraph (1).--Whenever an 
     accused is prevented by an order under paragraph (1) from 
     disclosing or causing the disclosure of classified 
     information, the military judge shall dismiss the case; 
     except that, when the military judge determines that the 
     interests of justice would not be served by dismissal of the 
     case, the military judge shall order such other action, in 
     lieu of dismissing the charge or specification, as the 
     military judge determines is appropriate. Such action may 
     include, but need not be limited to, the following:
       ``(A) Dismissing specified charges or specifications.
       ``(B) Finding against the United States on any issue as to 
     which the excluded classified information relates.
       ``(C) Striking or precluding all or part of the testimony 
     of a witness.
       ``(3) Time for the united states to seek interlocutory 
     appeal.--An order under paragraph (2) shall not take effect 
     until the military judge has afforded the United States--
       ``(A) an opportunity to appeal such order under section 
     950d of this title; and
       ``(B) an opportunity thereafter to withdraw its objection 
     to the disclosure of the classified information at issue.
       ``(g) Reciprocity.--
       ``(1) Disclosure of rebuttal information.--Whenever the 
     military judge determines that classified information may be 
     disclosed in connection with a trial or pretrial proceeding, 
     the military judge shall, unless the interests of fairness do 
     not so require, order the United States to provide the 
     accused with the information it expects to use to rebut the 
     classified information. The military judge may place the 
     United States under a continuing duty to disclose such 
     rebuttal information.
       ``(2) Sanction for failure to comply.--If the United States 
     fails to comply with its obligation under this subsection, 
     the military judge--
       ``(A) may exclude any evidence not made the subject of a 
     required disclosure; and
       ``(B) may prohibit the examination by the United States of 
     any witness with respect to such information.

     ``Sec. 949p-7. Introduction of classified information into 
       evidence

       ``(a) Preservation of Classification Status.--Writings, 
     recordings, and photographs containing classified information 
     may be admitted into evidence in proceedings of military 
     commissions under this chapter without change in their 
     classification status.
       ``(b) Precautions by Military Judges.--
       ``(1) Precautions in admitting classified information into 
     evidence.--The military judge in a trial by military 
     commission, in order to prevent unnecessary disclosure of 
     classified information, may order admission into evidence of 
     only part of a writing, recording, or photograph, or may 
     order admission into evidence of the whole writing, 
     recording, or photograph with excision of some or all of the 
     classified information contained therein, unless the whole 
     ought in fairness be considered.
       ``(2) Classified information kept under seal.--The military 
     judge shall allow classified information offered or accepted 
     into evidence to remain under seal during the trial, even if 
     such evidence is disclosed in the military commission, and 
     may, upon motion by the Government, seal exhibits containing 
     classified information for any period after trial as 
     necessary to prevent a disclosure of classified information 
     when a knowledgeable United States official possessing 
     authority to classify information submits to the military 
     judge a declaration setting forth the damage to the national 
     security that the disclosure of such information reasonably 
     could be expected to cause.
       ``(c) Taking of Testimony.--
       ``(1) Objection by trial counsel.--During the examination 
     of a witness, trial counsel may object to any question or 
     line of inquiry that may require the witness to disclose 
     classified information not previously found to be admissible.
       ``(2) Action by military judge.--Following an objection 
     under paragraph (1), the military judge shall take such 
     suitable action to determine whether the response is 
     admissible as will safeguard against the compromise of any 
     classified information. Such action may include requiring 
     trial counsel to provide the military judge with a proffer of 
     the witness' response to the question or line of inquiry and 
     requiring the accused to provide the military judge with a 
     proffer of the nature of the information sought to be 
     elicited by the accused. Upon request, the military judge may 
     accept an ex parte proffer by trial counsel to the extent 
     necessary to protect classified information from disclosure, 
     in accordance with the practice of the Federal courts under 
     the Classified Information Procedures Act (18 U.S.C. App.).
       ``(d) Disclosure at Trial of Certain Statements Previously 
     Made by a Witness.--
       ``(1) Motion for production of statements in possession of 
     the united states.--After a witness called by the trial 
     counsel has testified on direct examination, the military 
     judge, on motion of the accused, may order production of 
     statements of the witness in the possession of the United 
     States which relate to the subject matter as to which the 
     witness has testified. This paragraph does not preclude 
     discovery or assertion of a privilege otherwise authorized.
       ``(2) Invocation of privilege by the united states.--If the 
     United States invokes a privilege, the trial counsel may 
     provide the prior statements of the witness to the military 
     judge during an ex parte presentation to the extent necessary 
     to protect classified information from disclosure, in 
     accordance with the practice of the Federal courts under the 
     Classified Information Procedures Act (18 U.S.C. App.).
       ``(3) Action by military judge on motion.--If the military 
     judge finds that disclosure of any portion of the statement 
     identified by the United States as classified would be 
     detrimental to the national security in the degree to warrant 
     classification under the applicable Executive Order, statute, 
     or regulation, that such portion of the statement is 
     consistent with the testimony of the witness, and that the 
     disclosure of such portion is not necessary to afford the 
     accused a fair trial, the military judge shall excise that 
     portion from the statement. If the military judge finds that 
     such portion of the statement is inconsistent with the 
     testimony of the witness or that its disclosure is necessary 
     to afford the accused a fair trial, the military judge, 
     shall, upon the request of the trial counsel, review 
     alternatives to disclosure in accordance with section 949p-
     6(d) of this title.

                       ``SUBCHAPTER VI--SENTENCES

       On page 362, line 9, strike ``SUBCHAPTER VI'' and insert 
     ``SUBCHAPTER VII''.
       On page 362, in the table of sections in the quoted text 
     following line 10, strike the item relating to section 950d 
     and insert the following:

``949d. Interlocutory appeals by the United States.

       Beginning on page 368, strike line 7 and all that follows 
     through page 369, line 8, and insert the following:

[[Page S7908]]

     ``Sec. 950d. Interlocutory appeals by the United States

       ``(a) Interlocutory Appeal.--Except as provided in 
     subsection (b), in a trial by military commission under this 
     chapter, the United States may take an interlocutory appeal 
     to the United States Court of Appeals for the Armed Forces 
     under section 950f of this title of any order or ruling of 
     the military judge--
       ``(1) that terminates proceedings of the military 
     commission with respect to a charge or specification;
       ``(2) that excludes evidence that is substantial proof of a 
     fact material in the proceeding;
       ``(3) that relates to a matter under subsection (c) or (d) 
     of section 949d of this title; or
       ``(4) that, with respect to classified information--
       ``(A) authorizes the disclosure of such information;
       ``(B) imposes sanctions for nondisclosure of such 
     information; or
       ``(C) refuses a protective order sought by the United 
     States to prevent the disclosure of such information.
       ``(b) Limitation.--The United States may not appeal under 
     subsection (a) an order or ruling that is, or amounts to, a 
     finding of not guilty by the military commission with respect 
     to a charge or specification.
       ``(c) Scope of Appeal Right With Respect to Classified 
     Information.--The United States has the right to appeal under 
     paragraph (4) of subsection (a) whenever the military judge 
     enters an order or ruling that would require the disclosure 
     of classified information, without regard to whether the 
     order or ruling appealed from was entered under this chapter, 
     another provision of law, a rule, or otherwise. Any such 
     appeal may embrace any preceding order, ruling, or reasoning 
     constituting the basis of the order or ruling that would 
     authorize such disclosure.
       ``(d) Timing and Action on Interlocutory Appeals Relating 
     to Classified Information.--
       ``(1) Appeal to be expedited.--An appeal taken pursuant to 
     paragraph (4) of subsection (a) shall be expedited by the 
     United States Court of Appeals for the Armed Forces.
       ``(2) Appeals before trial.--If such an appeal is taken 
     before trial, the appeal shall be taken within 10 days after 
     the order or ruling appealed from and the trial shall not 
     commence until the appeal is decided.
       ``(3) Appeals during trial.--If such an appeal is taken 
     during trial, the military judge shall adjourn the trial 
     until the appeal is decided, and the court of appeals--
       ``(A) shall hear argument on such appeal within 4 days of 
     the adjournment of the trial (excluding weekends and 
     holidays);
       ``(B) may dispense with written briefs other than the 
     supporting materials previously submitted to the military 
     judge;
       ``(C) shall render its decision within four days of 
     argument on appeal (excluding weekends and holidays); and
       ``(D) may dispense with the issuance of a written opinion 
     in rendering its decision.
       ``(e) Notice and Timing of Other Appeals.--The United 
     States shall take an appeal of an order or ruling under 
     subsection (a), other than an appeal under paragraph (4) of 
     that subsection, by filing a notice of appeal with the 
     military judge within 5 days after the date of the order or 
     ruling.
       ``(f) Method of Appeal.--An appeal under this section shall 
     be forwarded, by means specified in regulations prescribed by 
     the Secretary of Defense, directly to the United States Court 
     of Appeals for the Armed Forces.
       ``(g) Appeals Court to Act Only With Respect to Matter of 
     Law.--In ruling on an appeal under paragraph (1), (2), or (3) 
     of subsection (a), the appeals court may act only with 
     respect to matters of law.
       ``(h) Subsequent Appeal Rights of Accused Not Affected.--An 
     appeal under paragraph (4) of subsection (a), and a decision 
     on such appeal, shall not affect the right of the accused, in 
     a subsequent appeal from a judgment of conviction, to claim 
     as error reversal by the military judge on remand of a ruling 
     appealed from during trial.''.
       On page 374, line 4, strike ``SUBCHAPTER VII'' and insert 
     ``SUBCHAPTER VIII''.
                                 ______
                                 
  SA 1711. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 573. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER OF THE 
                   ARMED FORCES TO DESIGNATE PERSONS TO DIRECT 
                   DISPOSITION OF THE REMAINS OF THE MEMBER.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report evaluating the potential effects of expanding the list 
     of persons under section 1482(c) of title 10, United States 
     Code, who may be designated by a member of the Armed Forces 
     as the person authorized to direct disposition of the remains 
     of the member if the member is deceased.
                                 ______
                                 
  SA 1712. Mr. McCAIN (for himself, Mr. Lieberman, Mr. Graham, Mr. 
Kaufman, and Mr. Casey) submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for 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 483, between lines 8 and 9, insert the following:

                         Subtitle D--VOICE Act

     SEC. 1241. SHORT TITLE.

       This subtitle may be cited as the ``Victims of Iranian 
     Censorship Act''or the ``VOICE Act''.

     SEC. 1242. FINDINGS.

       Congress makes the following findings:
       (1) The Government of Iran is engaged in a range of 
     activities that interfere with, or infringe upon, the right 
     of the Iranian people to--
       (A) access accurate, independent news and information; and
       (B) exercise freedom of speech, freedom of expression, 
     freedom of assembly, and freedom of the press, in particular 
     through electronic media.
       (2) Since the June 12, 2009, presidential election in Iran, 
     the Government of Iran has--
       (A) arrested, detained, imprisoned, and assaulted numerous 
     Iranian journalists;
       (B) prohibited non-Iranian government news services, 
     including the Associated Press, from distributing reports in 
     Farsi;
       (C) interrupted short message service (SMS), preventing 
     text message communications and blocking Internet sites that 
     utilize such services;
       (D) partially jammed shortwave and medium wave 
     transmissions of Radio Farda, the Persian language service of 
     Radio Free Europe/Radio Liberty;
       (E) intermittently jammed satellite broadcasts by Radio 
     Farda, the Voice of America's Persian News Network (PNN), the 
     British Broadcasting Corporation (BBC), and other non-Iranian 
     government news services; and
       (F) blocked Web sites and Web blogs, including social 
     networking and information-sharing sites, such as Facebook, 
     Twitter, and YouTube.
       (3) These and other actions undertaken by the Government of 
     Iran are in violation of the International Covenant on Civil 
     and Political Rights, which was entered into force March 23, 
     1976, ratified by Iran, and states: ``Everyone shall have the 
     right to freedom of expression; this right shall include 
     freedom to seek, receive and impart information and ideas of 
     all kinds, regardless of frontiers, either orally, in writing 
     or in print, in the form of art, or through any other media 
     of his choice.''.

     SEC. 1243. SENSE OF CONGRESS.

       It is the sense of Congress that the United States--
       (1) respects the sovereignty, proud history, and rich 
     culture of the Iranian people;
       (2) respects the universal values of freedom of speech and 
     freedom of the press in Iran and throughout the world;
       (3) supports the Iranian people as they take steps to 
     peacefully express their voices, opinions, and aspirations;
       (4) supports the Iranian people seeking access to news and 
     other forms of information;
       (5) condemns the detainment, imprisonment, and intimidation 
     of all journalists, in Iran and elsewhere throughout the 
     world;
       (6) supports journalists who take great risk to report on 
     political events in Iran, including those surrounding the 
     presidential election;
       (7) supports the efforts the Voice of America's (VOA) 24-
     hour television station Persian News Network, and Radio Free 
     Europe / Radio Liberty's (RFE/RL) Radio Farda 24-hour radio 
     station; British Broadcasting Corporation (BBC) Farsi 
     language programming; Radio Zamaneh; and other independent 
     news outlets to provide information to Iran;
       (8) condemns acts of censorship, intimidation, and other 
     restrictions on freedom of the press, freedom of speech, and 
     freedom of expression in Iran and throughout the world;
       (9) commends companies such as Twitter, Facebook, and 
     YouTube, which have facilitated the ability of the Iranian 
     people to access and share information, and exercise freedom 
     of speech, freedom of expression, and freedom of assembly 
     through alternative technologies; and
       (10) condemns companies which have knowingly impeded the 
     ability of the Iranian people to access and share information 
     and exercise freedom of speech, freedom of expression, and 
     freedom of assembly through electronic media, including 
     through the sale of technology that allows for deep packet 
     inspection or provides the capability to monitor or block 
     Internet access, and gather information about individuals.

     SEC. 1244. STATEMENT OF POLICY.

       It shall be the policy of the United States--
       (1) to support freedom of the press, freedom of speech, 
     freedom of expression, and freedom of assembly in Iran;
       (2) to support the Iranian people as they seek, receive, 
     and impart information and promote ideas in writing, in 
     print, or through any media without interference;

[[Page S7909]]

       (3) to discourage businesses from aiding efforts to 
     interfere with the ability of the people of Iran to freely 
     access or share information or otherwise infringe upon 
     freedom of speech, freedom of expression, freedom of 
     assembly, and freedom of the press through the Internet or 
     other electronic media, including through the sale of deep 
     packet inspection or other technology that provides the 
     capability to monitor or block Internet access, and gather 
     information about individuals; and
       (4) to encourage the development of technologies, including 
     Internet Web sites that facilitate the efforts of the Iranian 
     people--
       (A) to gain access to and share accurate information and 
     exercise freedom of speech, freedom of expression, freedom of 
     assembly, and freedom of the press, through the Internet or 
     other electronic media; and
       (B) engage in Internet-based education programs and other 
     exchanges between United States citizens and Iranians.

     SEC. 1245. AUTHORIZATION OF APPROPRIATIONS.

       (a) International Broadcasting Operations Fund.--In 
     addition to amounts otherwise authorized for the Broadcasting 
     Board of Governors' International Broadcasting Operations 
     Fund, there is authorized to be appropriated $15,000,000 to 
     expand Farsi language programming and to provide for the 
     dissemination of accurate and independent information to the 
     Iranian people through radio, television, Internet, cellular 
     telephone, short message service, and other communications.
       (b) Broadcasting Capital Improvements Fund.--In addition to 
     amounts otherwise authorized for the Broadcasting Board of 
     Governors' Broadcasting Capital Improvements Fund, there is 
     authorized to be appropriated $15,000,000 to expand 
     transmissions of Farsi language programs to Iran.
       (c) Use of Amounts.--In pursuit of the objectives described 
     in subsections (a) and (b), amounts in the International 
     Broadcasting Operations Fund and the Capital Improvements 
     Fund may be used to--
       (1) develop additional transmission capability for Radio 
     Farda and the Persian News Network to counter ongoing efforts 
     to jam transmissions, including through additional shortwave 
     and medium wave transmissions, satellite, and Internet 
     mechanisms;
       (2) develop additional proxy server capability and anti-
     censorship software to counter efforts to block Radio Farda 
     and Persian News Network Web sites;
       (3) develop technologies to counter efforts to block SMS 
     text message exchange over cellular phone networks;
       (4) expand program coverage and analysis by Radio Farda and 
     the Persian News Network, including the development of 
     broadcast platforms and programs, on the television, radio 
     and Internet, for enhanced interactivity with and among the 
     people of Iran;
       (5) hire, on a permanent or short-term basis, additional 
     staff for Radio Farda and the Persian News Network; and
       (6) develop additional Internet-based, Farsi-language 
     television programming, including a Farsi-language, Internet-
     based news channel.

     SEC. 1246. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA 
                   FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States the Iranian Electronic Education, Exchange, 
     and Media Fund (referred to in this section as the ``Fund''), 
     consisting of amounts appropriated to the Fund pursuant to 
     subsection (e).
       (b) Administration.--The Fund shall be administered by the 
     Secretary of State.
       (c) Objective.--The objective of the Fund shall be to 
     support the development of technologies, including Internet 
     Web sites, that will aid the ability of the Iranian people 
     to--
       (1) gain access to and share information;
       (2) exercise freedom of speech, freedom of expression, and 
     freedom of assembly through the Internet and other electronic 
     media;
       (3) engage in Internet-based education programs and other 
     exchanges between Americans and Iranians; and
       (4) counter efforts--
       (A) to block, censor, and monitor the Internet; and
       (B) to disrupt or monitor cellular phone networks or SMS 
     text exchanges.
       (d) Use of Amounts.--In pursuit of the objective described 
     in subsection (c), amounts in the Fund may be used for grants 
     to United States or foreign universities, nonprofit 
     organizations, or companies for targeted projects that 
     advance the purpose of the Fund, including projects that--
       (1) develop Farsi-language versions of existing social-
     networking Web sites;
       (2) develop technologies, including Internet-based 
     applications, to counter efforts--
       (A) to block, censor, and monitor the Internet; and
       (B) to disrupt or monitor cellular phone networks or SMS 
     text message exchanges;
       (3) develop Internet-based, distance learning programs for 
     Iranian students at United States universities; and
       (4) promote Internet-based, people-to-people educational, 
     professional, religious, or cultural exchanges and dialogues 
     between United States citizens and Iranians.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $20,000,000 to the Fund.

     SEC. 1247. BIANNUAL REPORT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     President shall submit a report to Congress that provides a 
     detailed description of--
       (1) United States-funded international broadcasting efforts 
     in Iran;
       (2) efforts by the Government of Iran to block broadcasts 
     sponsored by the United States or other non-Iranian entities;
       (3) efforts by the Government of Iran to monitor or block 
     Internet access, and gather information about individuals;
       (4) plans by the Broadcasting Board of Governors for the 
     use of the amounts appropriated pursuant to section 1245, 
     including--
       (A) the identification of specific programs and platforms 
     to be expanded or created; and
       (B) satellite, radio, or Internet-based transmission 
     capacity to be expanded or created;
       (5) plans for the use of the Iranian Electronic Education, 
     Exchange, and Media Fund;
       (6) a detailed breakdown of amounts obligated and disbursed 
     from the Iranian Electronic Media Fund and an assessment of 
     the impact of such amounts;
       (7) the percentage of the Iranian population and of Iranian 
     territory reached by shortwave and medium-wave radio 
     broadcasts by Radio Farda and Voice of America;
       (8) the Internet traffic from Iran to Radio Farda and Voice 
     of America Web sites; and
       (9) the Internet traffic to proxy servers sponsored by the 
     Broadcasting Board of Governors, and the provisioning of 
     surge capacity.
       (b) Classified Annex.--The report submitted under 
     subsection (a) may include a classified annex.

     SEC. 1248. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES.

       (a) Study.--The President shall direct the appropriate 
     officials to examine claims that non-Iranian companies, 
     including corporations with United States subsidiaries, have 
     provided hardware, software, or other forms of assistance to 
     the Government of Iran that has furthered its efforts to--
       (1) filter online political content;
       (2) disrupt cell phone and Internet communications; and
       (3) monitor the online activities of Iranian citizens.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the President shall submit a report to 
     Congress that contains the results of the study conducted 
     under subsection (a). The report submitted under this 
     subsection shall be submitted in unclassified form, but may 
     include a classified annex.

     SEC. 1249. ANNUAL DESIGNATION OF INTERNET-RESTRICTING 
                   COUNTRIES.

       (a) Designation.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall designate countries that meet the 
     criteria set forth in paragraph (2) as Internet-restricting 
     countries.
       (2) Criteria.--A foreign country shall be designated as an 
     Internet -restricting country under this section if the 
     Secretary of State, after consultation with the Secretary of 
     Commerce, determines, based on the review of the evidence and 
     any ongoing multilateral discussions on freedom of speech and 
     the right to privacy, that the government of the country was 
     directly or indirectly responsible for a systematic pattern 
     of substantial restrictions on the unimpeded use of the 
     Internet or other telecommunications technology, such as 
     short message service (SMS), at any time during the preceding 
     1-year period.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees that includes--
       (A) the name of each foreign country that is designated as 
     an Internet-restricting country under subsection (a);
       (B) a detailed description of the nature of the 
     restrictions imposed by each Internet-restricting country, 
     including specific technologies and methods used;
       (C) the name of each government agency and quasi-government 
     organization responsible for the substantial restrictions on 
     Internet freedom in each Internet-restricting country;
       (D) the name of any United States and foreign companies 
     that have provided technology, training, or other assistance 
     to the Internet or telecommunications-restricting effort of 
     any Internet-restricting country, and a detailed description 
     of such assistance and its approximate worth;
       (E) a description of efforts by the United States to 
     counter the substantial restrictions on Internet freedom 
     referred to in subparagraph (B); and
       (F) a description of the evidence used by the Secretary of 
     State to make the determinations under subsection (a)(2), and 
     any ongoing multilateral discussions on freedom of speech and 
     the right to privacy referred to in such subsection.
       (2) Classified form.--The information required under 
     paragraph (1)(C) may be provided in a classified form if 
     necessary.
       (3) Public availability.--All unclassified portions of the 
     report shall be made publicly available on the Internet Web 
     site of the Department of State.

     SEC. 1250. HUMAN RIGHTS DOCUMENTATION.

       There are authorized to be appropriated $5,000,000 to the 
     Secretary of State to document, collect, and disseminate 
     information

[[Page S7910]]

     about human rights in Iran, including abuses of human rights 
     that have taken place since the Iranian presidential election 
     conducted on June 12, 2009.
                                 ______
                                 
  SA 1713. Mrs. GILLIBRAND 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 533, between lines 15 and 16, insert the following:

     SEC. 707. AUTHORITY TO RELOCATE UNITED STATES MILITARY 
                   ACADEMY PREP SCHOOL TO NEW YORK MILITARY 
                   ACADEMY, CORNWALL-ON-HUDSON, NEW YORK.

       Notwithstanding Recommendation #5 of the 2005 Defense Base 
     Closure and Realignment Commission Report, which recommended 
     the relocation of the United States Military Academy Prep 
     School to West Point, New York, in connection with the 
     closure of Fort Monmouth, New Jersey, the Secretary of 
     Defense may instead relocate the United States Military 
     Academy Prep School to the New York Military Academy, 
     Cornwall-on-Hudson, New York.
                                 ______
                                 
  SA 1714. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 573. REPORT AND PLAN ON NEEDS FOR CYBERSECURITY 
                   PERSONNEL AND TRAINING.

       (a) In General.--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 on, and plan to 
     address, the needs of the Department of Defense, over the 
     next five years, for additional personnel with expertise in 
     matters relating to cybersecurity and additional training 
     with respect to such matters.
       (b) Elements of Report.--The report required by subsection 
     (a) shall include an assessment of the following:
       (1) The availability to the Department of Defense of 
     personnel with expertise in matters relating to cybersecurity 
     from outside of the Department.
       (2) Any obstacles to the recruitment by the Department of 
     personnel with expertise in matters relating to 
     cybersecurity, including an insufficient number of 
     individuals with such expertise outside of the Department.
       (3) The sufficiency of training and expertise of personnel 
     within the Department on matters relating to cybersecurity.
       (4) The career path for personnel with expertise in matters 
     relating to cybersecurity, including the use of specialty 
     codes and the existing training structures within the 
     Department of Defense.
       (c) Elements of Plan.--The plan required by subsection (a) 
     shall address the following:
       (1) The extent to which the Department of Defense will rely 
     on private contractors to meet the needs of the Department 
     with respect to personnel with expertise in matters relating 
     to cybersecurity and the measures that will be employed to 
     ensure effective information-sharing and information security 
     if the Department will use such contractors.
       (2) Efforts to establish public-private partnerships to 
     meet the needs of the Department with respect to personnel 
     with expertise in matters relating to cybersecurity and 
     training with respect to such matters.
       (3) The role of civilian employees of the Department of 
     Defense with respect to matters relating to cybersecurity and 
     how such employees could be used to meet the needs of the 
     Armed Forces on such matters.
       (4) Efforts to coordinate and pool resources with respect 
     to matters relating to cybersecurity with other Federal 
     agencies, particularly the Department of Homeland Security.
       (5) Measures to improve training with respect to matters 
     relating to cybersecurity within the Department of Defense, 
     including the development of new specialty codes and career 
     tracks for cybersecurity personnel.
       (6) Recommendations for legislative changes necessary to 
     increase the availability of personnel with expertise in 
     matters relating to cybersecurity and interest in programs of 
     the Department of Defense relating to cybersecurity.
                                 ______
                                 
  SA 1715. Mrs. GILLIBRAND 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 A of title VII, add the following:

     SEC. 706. TREATMENT OF AUTISM UNDER THE TRICARE PROGRAM.

       (a) In General.--Section 1079 of title 10, United States 
     Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(18) In accordance with subsection (r), treatment for 
     autism spectrum disorders shall be made available to 
     dependents who are diagnosed with autism spectrum 
     disorders.''; and
       (2) by adding at the end the following new subsection:
       ``(r)(1) For purposes of subsection (a)(18), treatment for 
     an autism spectrum disorder may include the use of applied 
     behavior analysis or other structured behavior programs, as 
     the Secretary determines appropriate.
       ``(2) The Secretary may not consider the use of applied 
     behavior analysis or other structured behavior programs under 
     this section to be special education for purposes of 
     subsection (a)(9).
       ``(3) In carrying out this subsection, the Secretary shall 
     ensure that--
       ``(A) a person who is authorized to provide applied 
     behavior analysis or other structured behavior programs is 
     licensed or certified by a State, the Behavior Analyst 
     Certification Board, or other accredited national 
     certification board; and
       ``(B) if applied behavior analysis or other structured 
     behavior program is provided by an employee or contractor of 
     a person authorized to provide such treatment, the employee 
     or contractor shall meet minimum qualifications, training, 
     and supervision requirements consistent with business best 
     practices in the field of behavior analysis and autism 
     services and in accordance with regulations prescribed by the 
     Secretary.
       ``(4) In this section, the term `autism spectrum disorders' 
     includes autistic disorder, Asperger's syndrome, and any of 
     the pervasive developmental disorders as defined by the most 
     recent edition of the Diagnostic and Statistical Manual of 
     Mental Disorders.''.
       (b) Regulations.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Defense shall 
     prescribe such regulations as may be necessary to carry out 
     subsections (a)(18) and (r) of section 1079 of title 10, 
     United States Code, as added by subsection (a) of this 
     section.
       (c) Report Required.--The Secretary of Defense shall 
     provide a report to the Committees on Armed Services of the 
     Senate and the House of Representatives no later than 180 
     days after implementation of section (a) on the 
     implementation of such section and its effect on access to 
     and quality of ABA services for eligible military families 
     and their autistic dependents.
       (d) Applicability to Other Provisions.--Nothing in this 
     section shall be construed to alter or affect the requirement 
     under section 553 of this Act to develop and implement a 
     policy for the support of military children with autism and 
     their families.
                                 ______
                                 
  SA 1716. Mr. LEAHY (for himself, Mr. Bingaman, and Mr. Kennedy) 
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 483, between lines 8 and 9, insert the following:

     SEC. 1232. ASSISTANCE TO CIVILIANS FOR LOSSES INCIDENT TO 
                   COMBAT ACTIVITIES OF THE ARMED FORCES IN 
                   OVERSEAS CONTINGENCY OPERATIONS.

       (a) Determination of Assistance.--
       (1) In general.--To promote and maintain friendly relations 
     through the prompt administration of assistance to civilian 
     casualties, the Secretary concerned, or an officer or 
     employee designated by the Secretary, may appoint, under such 
     regulations as the Secretary may prescribe, local military 
     commanders to provide monetary assistance in an amount 
     appropriate for the loss suffered for--
       (A) damage to, or loss of, real property of any inhabitant 
     of a foreign country, including damage or loss incident to 
     use and occupancy;
       (B) damage to, or loss of, personal property of any 
     inhabitant of a foreign country; or
       (C) personal injury to, or death of, any inhabitant of a 
     foreign country;
     if the damage, loss, personal injury, or death occurs outside 
     the United States, or the Commonwealths or possessions, and 
     is caused by, or is otherwise incident to, combat activities 
     in foreign contingency operations of the Armed Forces under 
     the local military commander's command, or is caused by a 
     member thereof or by a civilian employee of the military 
     department concerned or the Coast Guard, as the case may be. 
     A commander will provide assistance under regulations of the 
     Department of Defense.

[[Page S7911]]

       (2) Conditions.--Assistance authorized by this section may 
     be allowed only if--
       (A) an application therefor is presented within two years 
     after the occurrence of the incident concerned;
       (B) the applicant is determined by the local military 
     commander to be friendly to the United States;
       (C) the incident results directly or indirectly from an act 
     of the Armed Forces in combat, an act of the Armed Forces 
     indirectly related to combat, or an act of the Armed Forces 
     occurring while preparing for, going to, or returning from a 
     combat mission; and
       (D) the incident does not arise directly from action by an 
     enemy, unless the local military commander determines that it 
     in the best military interest to offer assistance in such 
     case.
       (b) Type of Assistance.--Satisfaction under this section 
     shall be made through payment in local currency when 
     possible. However, satisfaction under this section may be 
     made through the provision of services or in-kind 
     compensation if such satisfaction is considered appropriate 
     by the legal advisor and the local military commander 
     concerned and accepted by the applicant.
       (c) Legal Advice Requirement.--Local military commanders 
     shall receive legal advice before authorizing assistance. The 
     legal advisor, under regulations of the Department of 
     Defense, shall determine whether the applicant for assistance 
     is properly an applicant, whether the facts support the 
     provision of assistance, and what amount is appropriate for 
     the loss suffered. The legal advisor shall then make a 
     recommendation to the local military commander who will 
     determine if assistance is to be provided.
       (d) Consideration of Applications.--Any application 
     appropriately made for assistance resulting from United 
     States military operations will be considered on the merits. 
     If assistance is not offered or provided to an applicant, 
     documentation of the denial shall be maintained by the 
     Department of Defense. The applicant should be informed of 
     any decision made by a commander in a timely manner.
       (e) Designation of Assistance Providers.--The Secretary of 
     Defense may designate any local military commander appointed 
     under subsection (a) to provide assistance for damage, loss, 
     injury, or death caused by a civilian employee of the 
     Department of Defense other than an employee of a military 
     department.
       (f) Treatment of Other Compensation Received.--In the event 
     compensation for damage, loss, injury, or death covered by 
     this section is received through a separate program operated 
     by the United States Government, receipt of compensation in 
     such amount may be considered by the legal advisor or 
     commander determining the appropriate assistance under 
     subsection (a).
       (g) Reporting.--
       (1) Records of applications for assistance.--A written 
     record of any assistance offered or denied will be kept by 
     the local commander and on a timely basis submitted to the 
     appropriate office in the Department of Defense as determined 
     by the Secretary of Defense.
       (2) Biannual report.--The Secretary of Defense shall report 
     to Congress on a biannual basis the efficacy of the civilian 
     assistance program, including the number of cases considered, 
     amounts offered, and any necessary adjustments.
                                 ______
                                 
  SA 1717. Mr. FRANKEN (for himself, Mr. Isakson, Ms. Landrieu, Mr. 
Graham, Mr. Brown, and Mr. Begich) submitted an amendment intended to 
be proposed by him to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1083. PILOT PROGRAM ON USE OF SERVICE DOGS FOR THE 
                   TREATMENT OR REHABILITATION OF VETERANS WITH 
                   PHYSICAL OR MENTAL INJURIES OR DISABILITIES.

       (a) Findings.--Congress makes the following findings:
       (1) The United States owes a profound debt to those who 
     have served the United States honorably in the Armed Forces.
       (2) Disabled veterans suffer from a range of physical and 
     mental injuries and disabilities.
       (3) In 2008, the Army reported the highest level of 
     suicides among its soldiers since it began tracking the rate 
     28 years before 2009.
       (4) A scientific study documented in the 2008 Rand Report 
     entitled ``Invisible Wounds of War'' estimated that 300,000 
     veterans of Operation Enduring Freedom and Operation Iraqi 
     Freedom currently suffer from post-traumatic stress disorder.
       (5) Veterans have benefitted in multiple ways from the 
     provision of service dogs.
       (6) The Department of Veterans Affairs has been 
     successfully placing guide dogs with the blind since 1961.
       (7) Thousands of dogs around the country await adoption.
       (b) Program Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall commence a three-year pilot program to assess 
     the benefits, feasibility, and advisability of using service 
     dogs for the treatment or rehabilitation of veterans with 
     physical or mental injuries or disabilities, including post-
     traumatic stress disorder.
       (c) Partnerships.--
       (1) In general.--The Secretary shall carry out the pilot 
     program by partnering with nonprofit organizations that--
       (A) have experience providing service dogs to individuals 
     with injuries or disabilities;
       (B) do not charge fees for the dogs, services, or lodging 
     that they provide; and
       (C) are accredited by a generally accepted industry-
     standard accrediting institution.
       (2) Reimbursement of costs.--The Secretary shall reimburse 
     partners for costs relating to the pilot program as follows:
       (A) For the first 50 dogs provided under the pilot program, 
     all costs relating to the provision of such dogs.
       (B) For dogs provided under the pilot program after the 
     first 50 dogs provided, all costs relating to the provision 
     of every other dog.
       (d) Participation.--
       (1) In general.--As part of the pilot program, the 
     Secretary shall provide a service dog to a number of veterans 
     with physical or mental injuries or disabilities that is 
     greater than or equal to the greater of--
       (A) 200; and
       (B) the minimum number of such veterans required to produce 
     scientifically valid results with respect to assessing the 
     benefits and costs of the use of such dogs for the treatment 
     or rehabilitation of such veterans.
       (2) Composition.--The Secretary shall ensure that--
       (A) half of the participants in the pilot program are 
     veterans who suffer primarily from a mental health injury or 
     disability; and
       (B) half of the participants in the pilot program are 
     veterans who suffer primarily from a physical injury or 
     disability.
       (e) Study.--In carrying out the pilot program, the 
     Secretary shall conduct a scientifically valid research study 
     of the costs and benefits associated with the use of service 
     dogs for the treatment or rehabilitation of veterans with 
     physical or mental injuries or disabilities. The matters 
     studied shall include the following:
       (1) The therapeutic benefits to such veterans, including 
     the quality of life benefits reported by the veterans 
     partaking in the pilot program.
       (2) The economic benefits of using service dogs for the 
     treatment or rehabilitation of such veterans, including--
       (A) savings on health care costs, including savings 
     relating to reductions in hospitalization and reductions in 
     the use of prescription drugs; and
       (B) productivity and employment gains for the veterans.
       (3) The effectiveness of using service dogs to prevent 
     suicide.
       (f) Reports.--
       (1) Annual report of the secretary.--After each year of the 
     pilot program, the Secretary shall submit to Congress a 
     report on the findings of the Secretary with respect to the 
     pilot program.
       (2) Final report by the national academy of sciences.--Not 
     later than 180 days after the date of the completion of the 
     pilot program, the National Academy of Sciences shall submit 
     to Congress a report on the results of the pilot program.
                                 ______
                                 
  SA 1718. 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:

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

     SEC. 1211. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE 
                   DEFENSE SERVICES TO THE MILITARY AND SECURITY 
                   FORCES OF IRAQ AND AFGHANISTAN.

       (a) Authority.--The President is authorized to transfer 
     defense articles from the stocks of the Department of 
     Defense, and to provide defense services in connection with 
     the transfer of such defense articles, to--
       (1) the military and security forces of Iraq to support the 
     efforts of those forces to restore and maintain peace and 
     security in that country; and
       (2) the military and security forces of Afghanistan to 
     support the efforts of those forces to restore and maintain 
     peace and security in that country.
       (b) Limitations.--
       (1) Value.--The aggregate replacement value of all defense 
     articles transferred and defense services provided under 
     subsection (a) may not exceed $500,000,000.
       (2) Source of transferred defense articles.--The authority 
     under subsection (a) may only be used for defense articles 
     that--
       (A) immediately before the transfer were in use to support 
     operations in Iraq;
       (B) were present in Iraq as of the date of enactment of 
     this Act; and
       (C) are no longer required by United States forces in Iraq.
       (c) Applicable Law.--Any defense articles transferred or 
     defense services provided to

[[Page S7912]]

     Iraq or Afghanistan under the authority of subsection (a) 
     shall be subject to the authorities and limitations 
     applicable to excess defense articles under section 516 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other 
     than the authorities and limitations contained in subsections 
     (b)(1)(B), (e), (f), and (g) of such section.
       (d) Report.--
       (1) In general.--The President may not exercise the 
     authority under subsection (a) until 30 days after the 
     Secretary of Defense, with the concurrence of the Secretary 
     of State, provides the appropriate congressional committees a 
     report on the plan for the disposition of equipment and other 
     property of the Department of Defense in Iraq.
       (2) Elements of report.--The report required under 
     paragraph (1) shall include the following elements:
       (A) An assessment of--
       (i) the types and quantities of defense articles required 
     by the military and security forces of Iraq to support the 
     efforts of those military and security forces to restore and 
     maintain peace and security in Iraq; and
       (ii) the types and quantities of defense articles required 
     by the military and security forces of Afghanistan to support 
     the efforts of those military and security forces to restore 
     and maintain peace and security in Afghanistan.
       (B) A description of the authorities available for 
     addressing the requirements identified in subparagraph (A).
       (C) A description of the process for inventorying equipment 
     and property, including defense articles, in Iraq owned by 
     the Department of Defense, including equipment and property 
     owned by the Department of Defense and under the control of 
     contractors in Iraq.
       (D) A description of the types of defense articles that the 
     Department of Defense intends to transfer to the military and 
     security forces of Iraq and an estimate of the quantity of 
     such defense articles to be transferred.
       (E) A description of the process by which potential 
     requirements for defense articles to be transferred under the 
     authority provided in subsection (a), other than the 
     requirements of the security forces of Iraq or Afghanistan, 
     are identified and the mechanism for resolving any potential 
     conflicting requirements for such defense articles.
       (F) A description of the plan, if any, for reimbursing 
     military departments from which non-excess defense articles 
     are transferred under the authority provided in subsection 
     (a).
       (G) An assessment of the efforts by the Government of Iraq 
     to identify the requirements of the military and security 
     forces of Iraq for defense articles to support the efforts of 
     those forces to restore and maintain peace and security in 
     that country.
       (H) An assessment of the ability of the Governments of Iraq 
     and Afghanistan to absorb the costs associated with 
     possessing and using the defense articles to be transferred.
       (I) A description of the steps taken by the Government of 
     Iraq to procure or acquire defense articles to meet the 
     requirements of the military and security forces of Iraq, 
     including through military sales from the United States.
       (e) Notification.--
       (1) In general.--The President may not transfer defense 
     articles or provide defense services under subsection (a) 
     until 15 days after the date on which the President has 
     provided notice of the proposed transfer of defense articles 
     or provision of defense services to the appropriate 
     congressional committees.
       (2) Contents.--Such notification shall include--
       (A) a description of the amount and type of each defense 
     article to be transferred or defense services to be provided;
       (B) a statement describing the current value of such 
     article and the estimated replacement value of such article;
       (C) an identification of the military department from which 
     the defense articles being transferred are drawn;
       (D) an identification of the element of the military or 
     security force that is the proposed recipient of each defense 
     article to be transferred or defense service to be provided;
       (E) an assessment of the impact of the transfer on the 
     national technology and industrial base and, particularly, 
     the impact on opportunities of entities in the national 
     technology and industrial base to sell new or used equipment 
     to the countries to which such articles are to be 
     transferred; and
       (F) a certification by the President that--
       (i) the Secretary of Defense has determined that--

       (I) the defense articles to be transferred are no longer 
     required by United States forces in Iraq;
       (II) the proposed transfer of such defense articles will 
     not adversely impact the military preparedness of the United 
     States;
       (III) immediately before the transfer, the defense articles 
     to be transferred were being used to support operations in 
     Iraq;
       (IV) the defense articles to be transferred were present in 
     Iraq as of the date of enactment of this Act; and
       (V) the defense articles to be transferred are required by 
     the military and security forces of Iraq or the military and 
     security forces of Afghanistan, as applicable, to build their 
     capacity to restore and maintain peace and security in their 
     country;

       (ii) the government of the recipient country has agreed to 
     accept and take possession of the defense articles to be 
     transferred and to receive the defense services in connection 
     with that transfer; and
       (iii) the proposed transfer of such defense articles and 
     the provision of defense services in connection with such 
     transfer is in the national interest of the United States.
       (f) Quarterly Report.--Not later than 90 days after the 
     date of the report provided under subsection (d), and every 
     90 days thereafter during fiscal year 2010, the Secretary of 
     Defense shall report to the appropriate congressional 
     committees on the implementation of the authority under 
     subsection (a). The report shall include the replacement 
     value of defense articles transferred pursuant to subsection 
     (a), both in the aggregate and by military department, and 
     services provided to Iraq and Afghanistan during the previous 
     90 days.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Foreign Affairs of the House 
     of Representatives; and
       (B) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Foreign Relations of the 
     Senate.
       (2) Defense articles.--The term ``defense articles'' has 
     the meaning given the term in section 644(d) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(d)).
       (3) Defense services.--The term ``defense services'' has 
     the meaning given the term in section 644(f) of such Act (22 
     U.S.C. 2403(f)).
       (4) Military and security forces.--The term ``military and 
     security forces'' means national armies, national air forces, 
     national navies, national guard forces, police forces and 
     border security forces, but does not include non-governmental 
     or irregular forces (such as private militias).
       (h) Expiration.--The authority provided under subsection 
     (a) may not be exercised after September 30, 2010.
       (i) Excess Defense Articles.--
       (1) Additional authority.--The authority provided by 
     subsection (a) is in addition to the authority provided by 
     Section 516 of the Foreign Assistance Act of 1961.
       (2) Aggregate value.--The value of excess defense articles 
     transferred to Iraq during fiscal year 2010 pursuant to 
     Section 516 of the Foreign Assistance Act of 1961 shall not 
     be counted against the limitation on the aggregate value of 
     excess defense articles transferred contained in subsection 
     (g) of such Act.
                                 ______
                                 
  SA 1719. Mr. PRYOR (for himself and Mr. Corker) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENHANCED REPORTING ON THE USE OF TARP FUNDS.

       Section 105 of the Emergency Economic Stabilization Act of 
     2008 (12 U.S.C. 5215(a)) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) a detailed report on the use of capital investments 
     by each financial institution, including--
       ``(A) a narrative response, in a form and on a date to be 
     established by the Secretary, specifically outlining, with 
     respect to the financial institution--
       ``(i) the original intended use of the TARP funds;
       ``(ii) whether the TARP funds are segregated from other 
     institutional funds;
       ``(iii) the actual use of the TARP funds to date;
       ``(iv) the amount of TARP funds retained for the purpose of 
     recapitalization; and
       ``(v) the expected use of the remainder of the TARP funds;
       ``(B) information compiled by the Secretary under 
     subsection (b); and
       ``(C) a report, in a form and on a date to be established 
     by the Secretary, on the compliance by the financial 
     institution with the restrictions on dividends, stock 
     repurchases, and executive compensation under the Security 
     Purchase Agreement and executive compensation guidelines of 
     the Department of Treasury.'';
       (2) by redesignating subsections (b) through (e) as 
     subsections (c) through (f), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Information Provided by Financial Institutions.--
       ``(1) In general.--For purposes of the report of the 
     Secretary required by subsection (a)(4), financial 
     institutions assisted under this title shall provide to the 
     Secretary the information required by paragraph (2), at such 
     times and in such manner as the Secretary shall establish.
       ``(2) Information required.--Information required by this 
     paragraph is--
       ``(A) for those financial institutions receiving 
     $1,000,000,000 or more from the Capital

[[Page S7913]]

     Purchase Program established by the Secretary (or any 
     successor thereto), a monthly lending and intermediation 
     snapshot, as of a date to be established by the Secretary, 
     which shall include--
       ``(i) quantitative information, as well as commentary, to 
     explain changes in lending levels for each category on 
     consumer lending, including first mortgages, home equity 
     lines of credit, open end credit plans (as that term is 
     defined in section 103 of the Truth in Lending Act (15 U.S.C. 
     1602)), and other consumer lending;
       ``(ii) quantitative information, as well as commentary, to 
     explain changes in lending levels for each category on 
     commercial lending, including commercial and industrial (C&I) 
     lending and real estate;
       ``(iii) quantitative information, as well as commentary, to 
     explain changes in lending levels for each category on other 
     lending activities, including mortgage-backed securities, 
     asset-backed securities, and other secured lending; and
       ``(iv) a narrative report of the intermediation activity 
     during the reporting period, including a general commentary 
     on the lending environment, loan demand, any changes in 
     lending standards and terms, and any other intermediation 
     activity; and
       ``(B) for those financial institutions receiving less than 
     $1,000,000,000 from the Capital Purchase Program established 
     by the Secretary (or any successor thereto), a lending and 
     intermediation snapshot, as of a date to be established by 
     the Secretary, but not more frequently than once every 90 
     days, including the information described in clauses (i) 
     through (iv) of subparagraph (A).
       ``(3) Certification required.--The information submitted to 
     the Secretary under this subsection shall be signed by a duly 
     authorized senior executive officer of the financial 
     institution, including a statement certifying the accuracy of 
     all statements, representations, and supporting information 
     provided, and such certifications shall be included in the 
     reports submitted by the Secretary under subsection 
     (a)(4).''.
                                 ______
                                 
  SA 1720. 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:

       Beginning on page 226, strike line 17 and all that follows 
     through page 228, line 10, and insert the following:

     SEC. 724. INSTITUTE OF MEDICINE STUDY ON MANAGEMENT OF 
                   MEDICATIONS FOR PHYSICALLY AND PSYCHOLOGICALLY 
                   WOUNDED MEMBERS OF THE ARMED FORCES.

       (a) Study Required.--The Secretary of Defense shall enter 
     into an agreement with the Institute of Medicine of the 
     National Academy of Sciences to conduct a study on the 
     management of medications for physically and psychologically 
     wounded members of the Armed Forces.
       (b) Elements.--The study required under subsection (a) 
     shall include the following:
       (1) A review and assessment of current practices within the 
     Department of Defense for the management of medications for 
     physically and psychologically wounded members of the Armed 
     Forces.
       (2) A review and analysis of the published literature on 
     factors contributing to the risk of misadministration of 
     medications, including accidental and intentional overdoses, 
     under- and over- medication, and adverse interactions among 
     medications.
       (3) An identification of the medical conditions, and of the 
     patient management procedures of the Department of Defense, 
     that may increase the risks of misadministration of 
     medications in populations of members of the Armed Forces.
       (4) An assessment of current and best practices in the 
     Armed Forces, other departments and agencies of government, 
     and the private sector concerning the prescription, 
     distribution, and management of medications, and the 
     associated coordination of care.
       (5) An identification of means for decreasing the risks of 
     misadministration of medications and associated problems with 
     respect to physically and psychologically wounded members of 
     the Armed Forces.
       (c) Report.--Not later than 18 months after entering into 
     the agreement for the study required under subsection (a), 
     the Institute of Medicine shall submit to the Secretary of 
     Defense and Congress a report on the study, including such 
     findings and determinations as the Institute of Medicine 
     considers appropriate in light of the study.
       (d) Authorization of Appropriations.--
       (1) In general.--The amount authorized to be appropriated 
     by section 1403 for the Defense Health Program is hereby 
     increased by $1,000,000, with the amount of the increase to 
     be allocated for the study required under subsection (a).
       (2) Offset.--The aggregate amount authorized to be 
     appropriated by this Act, other than the amount authorized to 
     be appropriated by section 1403, is hereby reduced by 
     $1,000,000, with the amount of such reduction to be allocated 
     on a pro rata basis.
                                 ______
                                 
  SA 1721. 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 end of subtitle H of title X, add the following:

     SEC. 1083. ESTABLISHMENT OF REGISTRIES OF MEMBERS AND FORMER 
                   MEMBERS OF THE ARMED FORCES EXPOSED IN LINE OF 
                   DUTY TO OCCUPATIONAL AND ENVIRONMENTAL HEALTH 
                   CHEMICAL HAZARDS.

       (a) Establishment.--For each occupational and environmental 
     health chemical hazard of particular concern, the Secretary 
     of Defense shall establish and administer a registry of 
     members and former members of the Armed Forces who were 
     exposed in the line of duty to such hazard on or after 
     September 11, 2001.
       (b) Registration.--For every member and former member of 
     the Armed Forces who was exposed in the line of duty to a 
     hazard described in subsection (a), the Secretary shall--
       (1) register such member or former member in such registry; 
     and
       (2) collect such information about such member or former 
     member as the Secretary considers appropriate for purposes of 
     establishing and administering such registry.
       (c) Notification.--In the case that the Secretary learns 
     that a member or former member of the Armed Forces may have 
     been exposed in the line of duty to a hazard described in 
     subsection (a), the Secretary shall--
       (1) notify of such exposure--
       (A) such member or former member;
       (B) the commanding officer of the unit to which such member 
     or former member belonged at the time of such exposure; and
       (C) in the case of a member of the National Guard, the 
     Adjutant General of the State concerned; and
       (2) inform such member or former member that such member or 
     former member may be included in the registry required by 
     subsection (a) for such hazard.
       (d) Examination.--Not later than 30 days after the date on 
     which the Secretary becomes aware of an exposure of a member 
     or former member of the Armed Forces to a hazard described in 
     subsection (a) and annually thereafter, the Secretary shall 
     provide such member or former member--
       (1) a complete physical and medical examination;
       (2) consultation and counseling with respect to the results 
     of such physical and examination; and
       (3) a copy of the documentation of such exposure in the 
     member's or former member's medical record maintained by the 
     Department of Defense.
       (e) Occupational and Environmental Health Chemical Hazard 
     of Particular Concern Defined.--In this section, the term 
     ``occupational and environmental health chemical hazard of 
     particular concern'' means an occupational and environmental 
     health chemical hazard that the Secretary of Defense 
     determines is of particular concern after considering 
     appropriate guidelines and standards for exposure, including 
     the following:
       (1) The military exposure guidelines specified in the 
     January 2002 Chemical Exposure Guidelines for Deployed 
     Military Personnel, United States Army Center for Health 
     Promotion and Preventive Medicine Technical Guide 230 (or any 
     successor technical guide that establishes military exposure 
     guidelines for the assessment of the significance of field 
     exposures to occupational and environmental health chemical 
     hazards during deployments).
       (2) Occupational and environmental health chemical exposure 
     standards promulgated by the Occupational Safety and Health 
     Administration.

     SEC. 1084. SCIENTIFIC REVIEW OF ASSOCIATION OF INCIDENTS OF 
                   EXPOSURE TO OCCUPATIONAL AND ENVIRONMENTAL 
                   HEALTH CHEMICAL HAZARDS WITH HEALTH 
                   CONSEQUENCES.

       (a) Agreement.--
       (1) In general.--The Secretary of Defense shall seek to 
     enter into an agreement with the Institute of Medicine of the 
     National Academies for the Institute of Medicine to perform 
     the services covered by this section.
       (2) Timing.--The Secretary shall seek to enter into the 
     agreement described in paragraph (1) not later than two 
     months after the date of the enactment of this Act.
       (b) Review of Scientific Evidence.--Under an agreement 
     between the Secretary of Defense and the Institute of 
     Medicine under this section, the Institute of Medicine shall, 
     for each incident of exposure involving one or more members 
     of the Armed Forces reported in a registry established under 
     section 1083(a) to an occupational and environmental health 
     chemical hazard of particular concern, review and summarize 
     the scientific evidence, and assess the strength thereof, 
     concerning the association between the exposure to such 
     hazard and acute and long-term health consequences of such 
     exposure.
       (c) Scientific Determinations Concerning Health 
     Consequences.--

[[Page S7914]]

       (1) In general.--For each incident of exposure reviewed 
     under subsection (b), the Institute of Medicine shall 
     determine (to the extent that available scientific data 
     permit meaningful determinations)--
       (A) whether a statistical association with the acute and 
     long-term health consequences exists, taking into account the 
     strength of the scientific evidence and the appropriateness 
     of the statistical and epidemiological methods used to detect 
     the association; and
       (B) whether there exists a plausible biological mechanism 
     or other evidence of a causal relationship between the 
     occupational and environmental health chemical hazard and the 
     health consequences.
       (2) Discussion and reasoning.--The Institute of Medicine 
     shall include in its reports under subsection (f) a full 
     discussion of the scientific evidence and reasoning that led 
     to its conclusions under this subsection.
       (d) Recommendations for Additional Scientific Studies.--
       (1) In general.--The Institute of Medicine shall make any 
     recommendations it has for additional scientific studies to 
     resolve areas of continuing scientific uncertainty relating 
     to exposure to occupational and environmental health chemical 
     hazards of particular concern.
       (2) Considerations.--In making recommendations for further 
     study, the Institute of Medicine shall consider the 
     following:
       (A) The scientific information that is currently available.
       (B) The value and relevance of the information that could 
     result from additional studies.
       (e) Subsequent Reviews.--The agreement under subsection (a) 
     shall require the Institute of Medicine--
       (1) to conduct periodically as comprehensive a review as is 
     practicable of the evidence referred to in subsection (b) 
     that has become available since the last review of such 
     evidence under this section; and
       (2) to make its determinations and estimates on the basis 
     of the results of such review and all other reviews conducted 
     for the purposes of this section.
       (f) Reports.--
       (1) Reports to congress.--
       (A) In general.--The agreement under subsection (a) shall 
     require the Institute of Medicine to submit, not later than 
     the end of the 18-month period beginning on the date of the 
     enactment of this Act and not less frequently than once every 
     two years thereafter, to the appropriate committees of 
     Congress a report on the activities of the Institute of 
     Medicine under the agreement.
       (B) Contents.--The report described in subparagraph (A) 
     shall include the following:
       (i) The determinations and discussion referred to in 
     subsection (c).
       (ii) Any recommendations of the Institute of Medicine under 
     subsection (d).
       (2) Reports to secretary of defense.--The agreement under 
     subsection (a) shall require the Institute of Medicine, in 
     the case that the Institute of Medicine makes any conclusive 
     determination under subsection (c)(1) with respect to any 
     incident of exposure studied under subsection (b), to submit, 
     not later than 30 days after the date of such determination, 
     to the Secretary of Defense a report describing such 
     determination.
       (g) Notice to Members and Former Members of the Armed 
     Forces.--The Secretary of Defense shall notify members and 
     former members of the Armed Forces listed in a registry 
     established under section 1083(a) for exposure to an 
     occupational and environmental health chemical hazard of 
     particular concern of--
       (1) any conclusive determinations made with respect to such 
     exposure under subsection (c)(1); and
       (2) any other significant developments in research on the 
     health consequences of exposure to such hazard.
       (h) Limitation on Authority.--The agreement under this 
     section shall be effective for a fiscal year to the extent 
     that appropriations are available to carry out the agreement.
       (i) Sunset.--This section shall cease to be effective 10 
     years after the last day of the fiscal year in which the 
     Institute of Medicine submits to the Secretary of Defense the 
     first report under subsection (f).
       (j) Alternative Contract Scientific Organization.--
       (1) In general.--If the Secretary of Defense is unable 
     within the time period prescribed in subsection (a)(2) to 
     enter into an agreement described in subsection (a)(1) with 
     the Institute of Medicine on terms acceptable to the 
     Secretary, the Secretary shall seek to enter into such an 
     agreement with another appropriate scientific organization 
     that--
       (A) is not part of the Government;
       (B) operates as a not-for-profit entity; and
       (C) has expertise and objectivity comparable to that of the 
     Institute of Medicine.
       (2) Treatment.--If the Secretary enters into an agreement 
     with another organization as described in paragraph (1), any 
     reference in this section to the Institute of Medicine shall 
     be treated as a reference to the other organization.
       (k) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Veterans' Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Occupational and environmental health chemical hazard 
     of particular concern.--The term ``occupational and 
     environmental health chemical hazard of particular concern'' 
     means an occupational and environmental health chemical 
     hazard that the Secretary of Defense determines is of 
     particular concern after considering appropriate guidelines 
     and standards for exposure, including the following:
       (A) The military exposure guidelines specified in the 
     January 2002 Chemical Exposure Guidelines for Deployed 
     Military Personnel, United States Army Center for Health 
     Promotion and Preventive Medicine Technical Guide 230 (or any 
     successor technical guide that establishes military exposure 
     guidelines for the assessment of the significance of field 
     exposures to occupational and environmental health chemical 
     hazards during deployments).
       (B) Occupational and environmental health chemical exposure 
     standards promulgated by the Occupational Safety and Health 
     Administration.

     SEC. 1085. OFFSET.

       The total amount authorized to be appropriated for the 
     Department of Defense by divisions A and B is hereby 
     decreased by $6,000,000.
                                 ______
                                 
  SA 1722. Mr. BAYH (for himself and Mr. Graham) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 731 and insert the following:

     SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COGNITIVE 
                   REHABILITATIVE THERAPY SERVICES UNDER THE 
                   TRICARE PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the entities and officials referred to in 
     subsection (d), carry out a pilot program under the TRICARE 
     program to determine the feasibility and advisability of 
     expanding the availability of cognitive rehabilitative 
     therapy services for members or former members of the Armed 
     Forces described in subsection (b).
       (b) Covered Members and Former Members.--A member or former 
     member of the Armed Forces is described in this subsection if 
     the member or former member--
       (1) has been diagnosed with a moderate to severe traumatic 
     brain injury incurred in the line of duty in Operation Iraqi 
     Freedom or Operation Enduring Freedom;
       (2) is retired or separated from the Armed Forces for 
     disability under chapter 61 of title 10, United States Code; 
     and
       (3) is referred by a qualified physician for cognitive 
     rehabilitative therapy.
       (c) Elements of Pilot Program.--The Secretary of Defense 
     shall, in consultation with the entities and officials 
     referred to in subsection (d), develop for inclusion in the 
     pilot program the following:
       (1) Procedures for access to cognitive rehabilitative 
     therapy services.
       (2) Qualifications and supervisory requirements for 
     licensed and certified health care professionals providing 
     such services.
       (3) A methodology for reimbursing providers for such 
     services.
       (d) Entities and Officials to Be Consulted.--The entities 
     and officials referred to in this subsection are the 
     following:
       (1) The Secretary of Veterans Affairs.
       (2) The Defense Centers of Excellence for Psychological 
     Health and Traumatic Brain Injury.
       (3) Relevant national organizations with experience in 
     treating traumatic brain injury.
       (e) Report.--Not later than 18 months 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--
       (1) evaluating the effectiveness of the pilot project in 
     providing increased access to safe, effective, and quality 
     cognitive rehabilitative therapy services for members and 
     former members of the Armed Forces described in subsection 
     (b); and
       (2) making recommendations with respect to the 
     effectiveness of cognitive rehabilitative therapy services 
     and the appropriateness of including such services as a 
     benefit under the TRICARE program.
       (f) TRICARE Program Defined.--The term ``TRICARE program'' 
     has the meaning given that term in section 1072(7) of title 
     10, United States Code.
       ``Of the amounts appropriated for the defense health 
     programs in FY 2010, $5 million shall be available for this 
     pilot''.
                                 ______
                                 
  SA 1723. 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

[[Page S7915]]

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, PUEBLO ARMY DEPOT, COLORADO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Pueblo Depot 
     Development Authority, all right, title, and interest of the 
     United States to a parcel of real property, including 
     improvements thereon, consisting of approximately 3,000 acres 
     located at the Pueblo Army Depot in Pueblo, Colorado, for the 
     purposes of developing, constructing, and operating a large 
     utility-scale renewable energy generating facility.
       (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 such real 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 
     Pueblo Depot Development Authority to cover costs to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     costs incurred by the Secretary, to carry out the conveyance 
     under subsection (a), including survey costs, costs related 
     to environmental documentation, and other administrative 
     costs related to the conveyance. If amounts are collected 
     from the Pueblo Depot Development Authority 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 Pueblo Depot Development 
     Authority.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1724. 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 ordered to lie on the table; as 
follows:

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

     SEC. 2832. LAND CONVEYANCE, PUEBLO ARMY DEPOT, COLORADO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Pueblo Depot Development Authority, all right, 
     title, and interest of the United States to a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 3,000 acres located at the Pueblo Army Depot in 
     Pueblo, Colorado, for the purposes of developing, 
     constructing, and operating a large utility-scale renewable 
     energy generating facility.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the Pueblo Depot Development Authority 
     shall pay to the Secretary an amount equal to the fair market 
     value of the property, as determined by the Secretary. The 
     determination of the Secretary shall be final.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance, all right, title, and interest in and to such 
     real property, including any improvements and appurtenant 
     easements thereto, shall, at the option of the Secretary, 
     revert to and become the property of the United States, and 
     the United States shall have the right of immediate entry 
     onto such real property. A determination by the Secretary 
     under this subsection shall be made on the record after an 
     opportunity for a hearing.
       (d) Payment of Costs of Conveyances.--
       (1) Payment required.--The Secretary shall require the 
     Pueblo Depot Development Authority to cover costs to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     costs incurred by the Secretary, to carry out the conveyance 
     under subsection (a), including survey costs, costs related 
     to environmental documentation, and other administrative 
     costs related to the conveyance. If amounts are collected 
     from the Pueblo Depot Development Authority 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 Pueblo Depot Development 
     Authority.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursements under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or account 
     and shall be available for the same purposes, and subject to 
     the same conditions and limitations, as amounts in such fund 
     or account.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under this 
     section shall be determined by a survey satisfactory to the 
     Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1725. Mr. SCHUMER (for himself, Mr. Johanns, Mr. Whitehouse, Mr. 
DeMint, Mr. Coburn, Mr. Lugar, and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       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 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

[[Page S7916]]

     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
       ``(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

[[Page S7917]]

     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) 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).
       ``(e) 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);
       (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) 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.''.
       (f) 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:

[[Page S7918]]

       ``(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.
       ``(b) 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.
       ``(c) 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) Definition of military department and secretary 
     concerned.--In this subsection, the terms `military 
     department' and `Secretary concerned' have the meaning

[[Page S7919]]

     given such terms in paragraphs (8) and (9), respectively, of 
     section 101 of title 10, United States Code.
       ``(9) 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.

     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. REPORTING REQUIREMENTS.

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

     ``SEC. 105A. REPORTING REQUIREMENTS.

       ``(a) Report on Status of Implementation and Assessment of 
     Programs.--Not later than 180 days after the date of the 
     enactment of the Military and Overseas Voter Empowerment Act, 
     the Presidential designee shall submit to the relevant 
     committees of Congress a report containing the following 
     information:
       ``(1) 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, 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.
       ``(2) An assessment of the effectiveness of the Voting 
     Assistance Officer Program of the Department of Defense, 
     which shall include the following:
       ``(A) A thorough and complete assessment of whether the 
     Program, as configured and implemented as of such date of 
     enactment, is effectively assisting absent uniformed services 
     voters in exercising their right to vote.
       ``(B) An inventory and explanation of any areas of voter 
     assistance in which the Program has failed to accomplish its 
     stated objectives and effectively assist absent uniformed 
     services voters in exercising their right to vote.
       ``(C) As necessary, a detailed plan for the implementation 
     of any new program to replace or supplement voter assistance 
     activities required to be performed under this Act.
       ``(3) A detailed description of the specific steps taken 
     towards the implementation of voter registration assistance 
     for absent uniformed services voters under section 102(j), 
     including the designation of offices under paragraphs (1) and 
     (5) of such section.
       ``(b) Annual Report on Effectiveness of Activities and 
     Utilization of Certain Procedures.--Not later than March 31 
     of each year, the Presidential designee shall transmit to the 
     President and to the relevant committees of Congress a report 
     containing the following information:
       ``(1) An assessment of the effectiveness of activities 
     carried out under section 103B, 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 services 
     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 States and the Federal Government in carrying out 
     such section.
       ``(2) A description of the utilization of voter 
     registration assistance under section 102(j), which shall 
     include the following:
       ``(A) A description of the specific programs implemented by 
     each military department of the Armed Forces pursuant to such 
     section.
       ``(B) The number of absent uniformed services voters who 
     utilized voter registration assistance provided under such 
     section.
       ``(3) In the case of a report submitted under this 
     subsection in an even-numbered year in which a regularly 
     scheduled general election for Federal office is held, a 
     description of the utilization of the procedures for the 
     collection and delivery of marked absentee ballots 
     established pursuant to section 103A, which shall include 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).
       ``(c) Definitions.--In this section:
       ``(1) Absent overseas uniformed services voter.--The term 
     `absent overseas uniformed services voter' has the meaning 
     given such term in section 103A(d).
       ``(2) Presidential designee.--The term `Presidential 
     designee' means the Presidential designee under section 
     101(a).
       ``(3) Relevant committees of congress defined.--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.''.

     SEC. 594. 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. 595. 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).''.

[[Page S7920]]

     SEC. 596. 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 1726. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 573. PROVISION TO MEMBERS OF THE ARMED FORCES AND THEIR 
                   FAMILIES OF COMPREHENSIVE INFORMATION ON 
                   BENEFITS FOR MEMBERS OF THE ARMED FORCES AND 
                   THEIR FAMILIES.

       (a) Provision of Comprehensive Information Required.--The 
     Secretary of the military department concerned shall, at each 
     time specified in subsection (b), provide to each member of 
     the Armed Forces and, when practicable, the family members of 
     such member comprehensive information on the benefits 
     available to such member and family members as described in 
     subsection (c), including the estimated monetary amount of 
     such benefits and of any applicable offsets to such benefits.
       (b) Times for Provision of Information.--Comprehensive 
     information on benefits shall be provided a member of the 
     Armed Forces and family members at each time as follows:
       (1) Within 180 days of the enlistment, accession, or 
     commissioning of the member as a member of the Armed Forces.
       (2) Within 180 days of a determination that the member--
       (A) has incurred a service-connected disability; and
       (B) is unfit to perform the duties of the member's office, 
     grade, rank, or rating because of such disability.
       (3) Upon the discharge, separation, retirement, or release 
     of the member from the Armed Forces.
       (c) Covered Benefits.--The benefits on which a member of 
     the Armed Forces and family members shall be provided 
     comprehensive information under this section shall be as 
     follows:
       (1) At all the times described in subsection (b), the 
     benefits shall include the following:
       (A) Financial compensation, including financial counseling.
       (B) Health care and life insurance programs for members of 
     the Armed Forces and their families.
       (C) Death benefits.
       (D) Entitlements and survivor benefits for dependents of 
     the Armed Forces, including offsets in the receipt of such 
     benefits under the Survivor Benefit Plan and in connection 
     with the receipt of dependency and indemnity compensation.
       (E) Educational assistance benefits, including limitations 
     on and the transferability of such assistance.
       (F) Housing assistance benefits, including counseling.
       (G) Relocation planning and preparation.
       (H) Such other benefits as the Secretary concerned 
     considers appropriate.
       (2) At the time described in paragraph (1) of such 
     subsection, the benefits shall include the following:
       (A) Maintaining military records.
       (B) Legal assistance.
       (C) Quality of life programs.
       (D) Family and community programs.
       (E) Such other benefits as the Secretary concerned 
     considers appropriate.
       (3) At the times described in paragraphs (2) and (3) of 
     such subsection, the benefits shall include the following:
       (A) Employment assistance.
       (B) Continuing Reserve Component service.
       (C) Disability benefits, including offsets in connection 
     with the receipt of such benefits.
       (D) Benefits and services provided under laws administered 
     by the Secretary of Veterans Affairs.
       (E) Such other benefits as the Secretary concerned 
     considers appropriate.
       (d) Annual Notice to Members of the Armed Forces on the 
     Value of Pay and Benefits.--
       (1) Annual notice required.--The Secretary of each military 
     department shall provide to each member of the Armed Forces 
     under the jurisdiction of such Secretary on an annual basis 
     notice on the value of the pay and benefits paid or provided 
     to such member by law during the preceding year. The notice 
     may be provided in writing or electronically, at the election 
     of the Secretary.
       (2) Elements.--Each notice provided a member under 
     paragraph (1) shall include the following:
       (A) A statement of the estimated value of the military 
     health care, retirement benefits, disability benefits, 
     commissary and exchange privileges, government-provided 
     housing, tax benefits associated with service in the Armed 
     Forces, and special pays paid or provided the member during 
     the preceding 12 months.
       (B) A notice regarding the death and survivor benefits, 
     including Servicemembers' Group Life Insurance, to which the 
     family of the member would be entitled in the event of the 
     death of the member, and a description of any offsets that 
     might be applicable to such benefits.
       (C) Information on other programs available to members of 
     the Armed Forces generally, such as access to morale, 
     welfare, and recreation (MWR) facilities, child care, and 
     education tuition assistance, and the estimated value, if 
     ascertainable, of the availability of such programs in the 
     area where the member is stationed or resides.
       (e) Other Outreach.--
       (1) In general.--The Secretaries of the military 
     departments shall, on a periodic basis, conduct outreach on 
     the pay, benefits, and programs and services available to 
     members of the Armed Forces by reason of service in the Armed 
     Forces. The outreach shall be conducted pursuant to public 
     service announcements, publications, and such other 
     announcements through general media as will serve to 
     disseminate the information broadly among the general public.
       (2) Internet outreach website.--
       (A) In general.--The Secretary of Defense shall establish 
     an Internet website for the purpose of providing the 
     comprehensive information about the benefits and offsets 
     described in subsection (c) to members of the Armed Forces 
     and their families.
       (B) Contact information.--The Internet website required by 
     subparagraph (A) shall provide contact information, both 
     telephone and e-mail, that a member of the Armed Forces and a 
     family member of the member can use to get personalized 
     information about the benefits and offsets described in 
     subsection (c).
       (f) Reports.--
       (1) Initial report.--Not later than one year after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the implementation of the requirements of this section by the 
     Department of Defense. Such report shall include a 
     description of the quality and scope of available online 
     resources that provide information about benefits for members 
     of the Armed Forces and their families.
       (2) Annual report.--Each year after submitting the report 
     required by paragraph (1), the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     sets forth the number of individuals that received a briefing 
     under this section in the previous year disaggregated by the 
     following:
       (A) Whether the individual is a member of the Armed Forces 
     or a family member of a member of the Armed Forces.
       (B) The Armed Force of the members.
       (C) The State or territory in which the briefing occurred.
       (D) The subject of the briefing.

[[Page S7921]]

                                 ______
                                 
  SA 1727. Mr. DeMINT (for himself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 549, strike line 9 and all that follows through 
     ``any comments resulting'' on line 16 and insert the 
     following: ``congressional defense committees and the 
     Committee on Foreign relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the status of overseas base closure and 
     realignment actions undertaken as part of a global defense 
     posture realignment strategy and the status of development 
     and execution of comprehensive master plans for overseas 
     military main operating bases, forward operating sites, and 
     cooperative security locations. The report shall address the 
     following:
       (1) How the plans would support the security commitments 
     undertaken by the United States pursuant to any international 
     security treaty, including, the North Atlantic Treaty, The 
     Treaty of Mutual Cooperation and Security between the United 
     States and Japan, and the Security Treaty Between Australia, 
     New Zealand, and the United States of America.
       (2) The impact of such plans on the current security 
     environments in the combatant commands, including United 
     States participation in theater security cooperation 
     activities and bilateral partnership, exchanges, and training 
     exercises.
       (3) Any comments of the Secretary of Defense resulting
                                 ______
                                 
  SA 1728. 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 B of title XII, add the following:

     SEC. 1222. REPORT ON THE RELATIONSHIPS OF THE GOVERNMENTS OF 
                   VENEZUELA AND NICARAGUA WITH THE FORMER 
                   PRESIDENT OF HONDURAS.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional committees 
     specified in subsection (c) a detailed report addressing the 
     following:
       (1) Any cooperative agreements or relationships between the 
     Governments of Venezuela and Nicaragua and Honduras 
     established during the tenure of the former President of 
     Honduras, Manuel Zelaya.
       (2) Any personal, professional, or diplomatic 
     relationships, including financial transactions, business 
     associations, and illicit activities, between Manuel Zelaya 
     and--
       (A) the President of Venezuela, Hugo Chavez;
       (B) the President of Nicaragua, Daniel Ortega;
       (C) the President of Cuba, Raul Castro; or
       (D) the former President of Cuba, Fidel Castro.
       (3) Any evidence of--
       (A) relationships between Manuel Zelaya, or any member of 
     his family, and drug cartels; or
       (B) involvement by Manuel Zelaya or any member of his 
     family in drug trafficking activities.
       (4) Any support provided by the Government of Venezuela or 
     the Government of Nicaragua to Manuel Zelaya in his efforts 
     to change the Constitution of Honduras.
       (5) Any material or financial support provided by the 
     Government of Venezuela or the Government of Nicaragua to 
     Manuel Zelaya after his removal from office on June 28, 2009, 
     including the use of aircraft to support Manuel Zelaya or 
     funding of organizers supporting Manuel Zelaya or protestors 
     in Honduras.
       (b) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (c) Congressional Committees Specified.--The congressional 
     committees specified in this subsection are the following:
       (1) The congressional defense committees.
       (2) The Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
       (3) The Select Committee on Intelligence of the Senate and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
                                 ______
                                 
  SA 1729. Mr. BAUCUS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 213, between lines 14 and 15, insert the following:

     SEC. 706. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING 
                   OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B.

       Chapter 55 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING 
                   OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B.

       ``(a) In General.--The Secretary of Defense shall establish 
     procedures for identifying individuals described in 
     subsection (b). The Secretary of Defense shall immediately 
     notify individuals identified under the preceding sentence 
     that they are no longer eligible for health care benefits 
     under the TRICARE program under chapter 55 of title 10, 
     United States Code, and of any options available for 
     enrollment of the individual under part B of title XVIII of 
     the Social Security Act (42 U.S.C. 1395j et seq.). Such 
     notification shall include a written form which the 
     individual may sign and return to the Secretary of Health and 
     Human Services. The signed written form of an individual 
     shall be deemed sufficient evidence of the eligibility of the 
     individual for any such options available for such 
     individuals as a result of their being an individual 
     described in subsection (b). The Secretary of Defense shall 
     consult with the Secretary of Health and Human Services to 
     accurately identify and notify individuals described in 
     subsection (b) under this subsection.
       ``(b) Individuals Described.--An individual described in 
     this subsection is an individual who is a covered beneficiary 
     (as defined in section 1072(5) of title 10, United States 
     Code) at the time the individual is entitled to part A of 
     title XVIII of the Social Security Act under section 226(b) 
     or section 226A of such Act (42 U.S.C. 426(b) and 426-1) and 
     who is eligible to enroll but who has elected not to enroll 
     (or to be deemed enrolled) during the individual's initial 
     enrollment period under part B of such title.''.
                                 ______
                                 
  SA 1730. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF STEAM 
                   TURBINES FOR SHIPS SERVICE TURBINE GENERATORS 
                   AND MAIN PROPULSION TURBINES FOR OHIO-CLASS 
                   SUBMARINE REPLACEMENT PROGRAM.

       The Secretary of the Navy shall solicit competing bids for 
     the procurement of steam turbines for the ships service 
     turbine generators and main propulsion turbines for the Ohio-
     class submarine replacement program.
                                 ______
                                 
  SA 1731. Mr. FEINGOLD (for himself and Mr. Wyden) 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 section 835, add the following:
       (d) Prohibition on Disposing of Waste in Open-Air Burn 
     Pits.--
       (1) In general.--Except as provided in paragraph (2) and 
     beginning 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall prohibit the disposal of 
     covered waste in an open-air burn pit during a contingency 
     operation--
       (A) lasting longer than one year; and
       (B) relating to Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (2) Exemption.--The Secretary of Defense may waive the 
     prohibition required by paragraph (1) with respect to a 
     location during a contingency operation described in 
     paragraph (1) if--
       (A) the Secretary determines under paragraph (3)(B)(ii) 
     that no alternative method of disposal of covered waste is 
     feasible at such location during such operation;
       (B) not later than 15 days after issuing such waiver, the 
     Secretary submits to the congressional defense committees a 
     notification of such waiver, including--
       (i) a description of all safety measures that will be 
     carried out at the location during the operation to protect 
     the health of members of the Armed Forces;
       (ii) a description of any additional resources the 
     Secretary requires to eliminate the use of open-air burn pits 
     at such location during such operation; and
       (iii) a detailed discussion explaining why open-air burn 
     pits are the only feasible method of disposing of waste at 
     such location during such operation; and

[[Page S7922]]

       (C) such waiver is certified by the Comptroller General of 
     the United States.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the use of open-
     air burn pits in contingency operations. The report shall 
     include--
       (A) a description of each type of waste burned in such 
     open-air burn pits; and
       (B) a discussion of the feasibility of alternative methods 
     of disposing of covered waste, including--
       (i) a plan to use such alternative methods; or
       (ii) if the Secretary determines that no such alternative 
     method is feasible, a detailed discussion explaining why 
     open-air burn pits are the only feasible method of disposing 
     of such waste.
       (4) Definitions.--In this subsection:
       (A) Contingency operation.--The term ``contingency 
     operation'' has the meaning given that term by section 101(a) 
     of title 10, United States Code.
       (B) Covered waste.--The term ``covered waste'' includes the 
     following:
       (i) Hazardous waste, as defined by section 1004(5) of the 
     Solid Waste Disposal Act (42 U.S.C. 6903(5)).
       (ii) Medical waste.
       (iii) Solid waste containing plastic.
       (iv) Automotive and marine batteries.
       (v) Pesticides.
       (vi) Explosives.
       (vii) Automotive oils.
       (viii) Fuels and fluids.
       (ix) Compressed gas containers.
       (x) Materials containing asbestos.
       (xi) Electrical equipment.
       (xii) Solvents.
       (xiii) Paint thinners and strippers.
       (xiv) Rubber.
       (xv) Preserved (treated) wood.
       (xvi) Unexploded ordnance.
       (C) Medical waste.--The term ``medical waste'' means any 
     solid waste generated in the diagnosis, treatment, or 
     immunization of human beings or animals, in research 
     pertaining thereto, or in the production of testing of 
     biologicals.
                                 ______
                                 
  SA 1732. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1059. ADDITIONAL DUTY FOR ADVISORY PANEL ON DEPARTMENT 
                   OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL 
                   AUTHORITIES AFTER CERTAIN INCIDENTS.

       Section 1082(d) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 337) is 
     amended by--
       (1) redesignating paragraphs (7) and (8) as paragraphs (9) 
     and (10), respectively;
       (2) in paragraph (4), by striking ``other department'' and 
     inserting ``other departments''; and
       (3) by inserting after paragraph (6) the following new 
     paragraphs:
       ``(7) assess the adequacy of the process and methodology by 
     which the Department of Defense establishes, maintains, and 
     resources dedicated, special, and general purpose forces for 
     conducting operations described in paragraph (1);
       ``(8) assess the adequacy of the resources planned and 
     programmed by the Department of Defense to ensure the 
     preparedness and capability of dedicated, special, and 
     general purpose forces for conducting operations described in 
     paragraph (1);''.
                                 ______
                                 
  SA 1733. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1204 and insert the following:

     SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORTING 
                   REQUIREMENTS FOR USE OF AUTHORITY FOR SUPPORT 
                   OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

       Section 1208 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2086), as amended by section 1208(b) of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (Public Law 110-417; 122 Stat. 4626), is further 
     amended--
       (1) in subsection (b), by striking ``congressional defense 
     committees'' and inserting ``congressional committees 
     specified in subsection (i)'';
       (2) by striking subsection (c) and inserting the following 
     new subsection (c):
       ``(c) Notification.--
       ``(1) Support for foreign forces.--The Secretary of Defense 
     shall notify the congressional committees specified in 
     subsection (i) expeditiously, and in any event not later than 
     48 hours, after--
       ``(A) using the authority provided in subsection (a) to 
     make funds available for foreign forces in support of an 
     approved military operation; or
       ``(B) changing the scope or funding level of any such 
     support.
       ``(2) Support for irregular forces, groups, or 
     individuals.--The Secretary of Defense may not exercise the 
     authority provided in subsection (a) to make funds available 
     for irregular forces or a group (other than foreign forces) 
     or individual in support of an approved military operation, 
     or change the scope or funding level of such support, until 
     72 hours after notifying the congressional committees 
     specified in subsection (i) of the use of such authority with 
     respect to that operation or such change in scope or funding 
     level.
       ``(3) Content.--Notifications required under this 
     subsection shall include the following information:
       ``(A) The type of support provided or to be provided to 
     United States special operations forces.
       ``(B) The type of support provided or to be provided to the 
     recipient of the funds.
       ``(C) The intended duration of the support.
       ``(D) The amount obligated under the authority to provide 
     support.'';
       (3) by striking subsection (f) and inserting the following 
     new subsection (f):
       ``(f) Annual Report.--Not later than 30 days after the 
     close of each fiscal year during which subsection (a) is in 
     effect, the Secretary of Defense shall submit to the 
     congressional committees specified in subsection (i) a report 
     on support provided under that subsection during that fiscal 
     year. Each such report shall include the following 
     information:
       ``(1) A description of supported operations.
       ``(2) A summary of operations.
       ``(3) The type of recipients that received support, 
     identified by authorized category (foreign forces, irregular 
     forces, groups, or individuals).
       ``(4) The total amount obligated in the previous fiscal 
     year, including budget details.
       ``(5) The total amount obligated in prior fiscal years.
       ``(6) The intended duration of support.
       ``(7) A description of support or training provided to the 
     recipients of support.
       ``(8) A value assessment of the operational support 
     provided.''; and
       (4) by adding at the end the following new subsection:
       ``(i) Congressional Committees Specified.--The 
     congressional committees specified in this subsection are the 
     following:
       ``(1) The congressional defense committees.
       ``(2) The Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
       ``(3) The Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.''.
                                 ______
                                 
  SA 1734. Mr. BURRIS submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF CULTURAL PROPERTY.

       (a) Amendment to Title 28.--Section 1611 of title 28, 
     United States Code, is amended by inserting at the end the 
     following:
       ``(d)(1) Notwithstanding any other provision of law, 
     including section 1610 of this title or section 201 of the 
     Terrorism Risk Insurance Act of 2002 (Pub. L. No. 107-297; 
     116 Stat. 2337), the property of a foreign state or of an 
     agency or instrumentality of a foreign state shall be immune 
     from attachment and from execution if--
       ``(A) the property is cultural property, as defined in 
     section 302(6) of the Convention on Cultural Property 
     Implementation Act (19 U.S.C. 2601(6));
       ``(B) the property first came into the United States before 
     January 12, 1983 (the date of enactment of the Convention on 
     Cultural Property Implementation Act, Pub. L. No. 97-446); 
     and
       ``(C) the property is in the possession, custody, or 
     control of any United States organization exempt from 
     taxation under section 501(c)(3) of the Internal Revenue Code 
     of 1986 or of any United States educational institution, as 
     defined in section 101(a) of the Higher Education Act of 
     1965.
       ``(2) In any proceeding involving the attachment or 
     execution of property alleged to be property of a foreign 
     state or of any agency or instrumentality of a foreign state, 
     the immunity of the property from attachment or execution may 
     be raised by any party that has or claims ownership, 
     possession, custody, or control over such property, whether 
     or not the foreign state or agency or instrumentality of a 
     foreign state to which the property allegedly belongs appears 
     or asserts a claim of immunity.
       ``(3) The immunity of property under this subsection from 
     attachment and execution shall be broadly construed.''.

[[Page S7923]]

       (b) Amendment to Terrorism Risk Insurance Act.--Section 
     201(d)(2)(B) of the Terrorism Risk Insurance Act of 2002 
     (P.L. 107-297; 28 U.S.C. 1610 note) is amended--
       (1) in clause (i), by striking ``or'' after the semicolon;
       (2) in clause (ii), by striking the period and inserting 
     ``; or''; and
       (3) by inserting at the end the following:
       ``(iii)(I) is cultural property, as defined in section 
     302(6) of the Convention on Cultural Property Implementation 
     Act (19 U.S.C. 2601(6));
       ``(II) first came into the United States before January 12, 
     1983 (the date of enactment of the Convention on Cultural 
     Property Implementation Act (P. L. 97-446); and
       ``(III) is in the possession, custody, or control of any 
     United States organization exempt from taxation under section 
     501(c)(3) of the Internal Revenue Code of 1986 or of any 
     United States educational institution, as defined in section 
     101(a) of the Higher Education Act of 1965.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to any proceeding pending on or after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 1735. 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 435, between lines 14 and 15, insert the following:

     SEC. 1083. SENSE OF CONGRESS ON MANNED AIRBORNE IRREGULAR 
                   WARFARE PLATFORMS.

       It is the sense of Congress that the Secretary of Defense 
     should, with regard to the development of manned airborne 
     irregular warfare platforms, coordinate requirements for such 
     weapons systems with the military services, including the 
     reserve components.
                                 ______
                                 
  SA 1736. Ms. MURKOWSKI (for herself 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 429, between lines 8 and 9, insert the following:

     SEC. 1073. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.

       (a) Study.--
       (1) In general.--The Secretary of Defense, in consultation 
     with the Commandant of the Coast Guard, shall conduct a study 
     on the feasibility and potential of establishing a deep water 
     sea port in the Arctic to protect and advance strategic 
     United States interests within the evolving and ever more 
     important Arctic region.
       (2) Scope.--The study required under paragraph (1) shall 
     address the following issues:
       (A) The capability that such a port would provide.
       (B) Potential and optimum locations for such a port.
       (C) Resources needed to establish such a port.
       (D) The time frame needed to establish such a port.
       (E) The infrastructure required to support such a port.
       (F) Any other issues the Secretary determines necessary to 
     complete the study.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     findings of the study conducted under subsection (a).
                                 ______
                                 
  SA 1737. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1222. REPORT ON UNIQUE REQUIREMENTS FOR UNMANNED 
                   AIRCRAFT SYSTEMS IN AFGHANISTAN.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     whether the Unmanned Aircraft Systems currently in use by 
     United States Armed Forces in the Afghanistan theater of 
     operations are fully meeting current operational and tactical 
     requirements.
       (b) Content.--The report required by subsection (a) shall 
     include the following:
       (1) An inventory and explanation of any unique physical and 
     environmental conditions of the Afghanistan theater of 
     operations that may adversely affect Unmanned Aircraft 
     Systems operations in Afghanistan, including terrain and 
     weather.
       (2) An assessment of the impact of the conditions referred 
     to in paragraph (1) on the operation of Unmanned Aircraft 
     Systems by United States Armed Forces in Afghanistan.
       (3) A summary of the current Unmanned Aircraft Systems 
     requirements for United States Armed Forces in Afghanistan at 
     the tactical and operational level.
       (4) An assessment of the ability of current and planned 
     Joint Unmanned Aircraft Systems category Group 1 and Group 2 
     vehicles to fully meet these requirements, based at least in 
     part on after-action reviews of military operations in 
     Afghanistan in which the Unmanned Aircraft Systems were 
     employed.
       (5) A specific determination as to whether those Unmanned 
     Aircraft Systems currently in use are fully meeting the 
     Unmanned Aircraft Systems requirements for company-sized and 
     smaller units operating at locations separate and independent 
     from their headquarters.
       (6) An assessment of the ability of the current Group 1 
     Unmanned Aircraft Systems to perform required missions within 
     the areas of operation described in paragraph (5).
                                 ______
                                 
  SA 1738. 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) 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 
     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

[[Page S7924]]

     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 1739. Mr. HATCH (for himself, Mr. Webb, Mr. Bennett, Mr. 
Voinovich, and Ms. Collins) submitted an amendment intended to be 
proposed by him to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1083. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND 
                   RETIREMENT TREATMENT FOR CERTAIN RETIREES OF 
                   THE ARMED FORCES.

       (a) Increase in Maximum Age Limit for Positions Subject to 
     FERS.--
       (1) Law enforcement officers and firefighters.--Section 
     3307(e) of title 5, United States Code, is amended--
       (A) by striking ``(e) The'' and inserting ``(e)(1) Except 
     as provided in paragraph (2), the''; and
       (B) by adding at the end the following:
       ``(2) The maximum age limit for an original appointment to 
     a position as a firefighter or law enforcement officer (as 
     defined by section 8401(14) or (17), respectively) shall be 
     47 years of age, in the case of an individual who on the 
     effective date of such appointment is eligible to receive 
     retired pay or retainer pay for military service, or pension 
     or compensation from the Department of Veterans Affairs 
     instead of such retired or retainer pay.''.
       (2) Other positions.--The maximum age limit for an original 
     appointment to a position as a member of the Capitol Police 
     or Supreme Court Police, nuclear materials courier (as 
     defined under section 8401(33) of title 5, United States 
     Code), or customs and border protection officer (as defined 
     in section 8401(36) of title 5, United States Code) shall be 
     47 years of age, in the case of an individual who on the 
     effective date of such appointment is eligible to receive 
     retired pay or retainer pay for military service, or pension 
     or compensation from the Department of Veterans Affairs 
     instead of such retired or retainer pay.
       (b) Eligibility for Annuity.--Section 8412(d) of title 5, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by adding ``or'' at the end; and
       (3) by inserting after paragraph (2) the following:
       ``(3) after becoming 57 years of age and completing 10 
     years of service as a law enforcement officer, member of the 
     Capitol Police or Supreme Court Police, firefighter, nuclear 
     materials courier, customs or border protection officer, or 
     any combination of such service totaling 10 years, if such 
     employee--
       ``(A) is originally appointed to a position as a law 
     enforcement officer, member of the Capitol Police or Supreme 
     Court Police, firefighter, nuclear materials courier, or 
     customs and border protection officer on or after the 
     effective date of this paragraph under section 2(e) of the 
     Federal Employee Retirement Treatment Act for Military 
     Retirees Act of 2009; and
       ``(B) on the date that original appointment met the 
     requirements of section 3307(e)(2) of this title or section 
     2(a)(2) of the Federal Employee Retirement Treatment Act for 
     Military Retirees Act of 2009.''.
       (c) Mandatory Separation.--Section 8425 of title 5, United 
     States Code, is amended--
       (1) in subsection (b)(1), in the first sentence, by 
     inserting ``, except that a law enforcement officer, 
     firefighter, nuclear materials courier, or customs and border 
     protection officer eligible for retirement under 8412(d)(3) 
     shall be separated from service on the last day of the month 
     in which that employee becomes 57 years of age'' before the 
     period;
       (2) in subsection (c), in the first sentence, by inserting 
     ``, except that a member of the Capitol Police eligible for 
     retirement under 8412(d)(3) shall be separated from service 
     on the last day of the month in which that employee becomes 
     57 years of age'' before the period; and
       (3) in subsection (d), in the first sentence, by inserting 
     ``, except that a member of the Supreme Court Police eligible 
     for retirement under 8412(d)(3) shall be separated from 
     service on the last day of the month in which that employee 
     becomes 57 years of age'' before the period.
       (d) Computation of Basic Annuity.--Section 8415(d) of title 
     5, United States Code, is amended--
       (1) in paragraph (1), by striking ``total service as'' and 
     inserting ``civilian service as a law enforcement officer, 
     member of the Capitol Police or Supreme Court Police, 
     firefighter, nuclear materials courier, customs and border 
     protection officer, or air traffic controller that, in the 
     aggregate,''; and
       (2) in paragraph (2), by striking ``so much of such 
     individual's total service as exceeds 20 years'' and 
     inserting ``the remainder of such individual's total 
     service''.
       (e) Effective Date.--This section (including the amendments 
     made by this section) shall take effect 60 days after the 
     date of the enactment of this Act and shall apply to 
     appointments made on or after that effective date.
                                 ______
                                 
  SA 1740. Mr. HATCH (for himself and Mr. Bennett) 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. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET 
                   MOTOR INDUSTRIAL BASE.

       (a) In General.--The Secretary of Defense shall review and 
     establish a plan to sustain the solid rocket motor industrial 
     base, including the ability to maintain and sustain currently 
     deployed strategic and missile defense systems and to 
     maintain an intellectual and engineering capacity to support 
     next generation rocket motors, as needed.
       (b) Submission of Plan.--Not later than March 1, 2010, the 
     Secretary of Defense shall submit to the congressional 
     defense committees the plan required under subsection (a), 
     together with an explanation of how fiscal year 2010 funds 
     will be used to sustain and support the plan and a 
     description of the funding in the future years defense 
     program plan to support the plan.
                                 ______
                                 
  SA 1741. Mr. RISCH (for himself, Mr. Crapo, and Mr. Bond) submitted 
an amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S7925]]


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

     SEC. 342. REPORT ON STATUS OF AIR NATIONAL GUARD AND AIR 
                   FORCE RESERVE.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense, in consultation with the 
     Secretary of the Air Force, the Chief of the National Guard 
     Bureau, the Director of the Air National Guard, the Chief of 
     the Air Force Reserve, and such other officials as the 
     Secretary of Defense considers appropriate, shall submit to 
     Congress a report on--
       (1) the status of the Air National Guard and the Air Force 
     Reserve; and
       (2) the plans of the Department of Defense to ensure that 
     the Air National Guard and the Air Force Reserve remain ready 
     to meet the requirements of the Air Force and the combatant 
     commands and for homeland defense.
                                 ______
                                 
  SA 1742. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1083. ADDITIONAL MEMBERS AND DUTIES FOR INDEPENDENT 
                   PANEL TO ASSESS THE QUADRENNIAL DEFENSE REVIEW.

       (a) Additional Members.--
       (1) In general.--For purposes of conducting the assessment 
     of the 2009 quadrennial defense review under section 118 of 
     title 10, United States Code (in this subsection referred to 
     as the ``2009 QDR''), the independent panel established under 
     subsection (f) of such section (in this section referred to 
     as the ``Panel'') shall include four additional members to be 
     appointed as follows:
       (A) One by the chairman of the Committee on Armed Services 
     of the House of Representatives.
       (B) One by the chairman of the Committee on Armed Services 
     of the Senate.
       (C) One by the ranking member of the Committee on Armed 
     Services of the House of Representatives.
       (D) One by the ranking member of the Committee on Armed 
     Services of the Senate.
       (2) Period of appointment; vacancies.--Any vacancy in an 
     appointment to the Panel under paragraph (1) shall be filled 
     in the same manner as the original appointment.
       (b) Additional Duties of Panel for 2009 QDR.--In addition 
     to the duties of the Panel under section 118(f) of title 10, 
     United States Code, the Panel shall, with respect to the 2009 
     QDR--
       (1) conduct an independent assessment of a variety of 
     possible force structures of the Armed Forces, including the 
     force structure identified in the report of the 2009 QDR; and
       (2) made any recommendations it considers appropriate for 
     consideration.
       (c) Report of Secretary of Defense.--Not later than 30 days 
     after the Panel submits its report with respect to the 2009 
     QDR under section 118(f)(2) of title 10, United States Code, 
     the Secretary of Defense, after consultation with the 
     Chairman of the Joint Chiefs of Staff, shall submit to the 
     congressional defense committees any comments of the 
     Secretary on the report of the Panel.
       (d) Termination.--This provisions of this section shall 
     terminate on the day that is 45 days after the date on which 
     the Panel submits its report with respect to the 2009 QDR 
     under section 118(f)(2) of title 10, United States Code.
                                 ______
                                 
  SA 1743. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1232. SENSE OF CONGRESS ON THE NAVAL AFRICA PARTNERSHIP 
                   STATION.

       (a) Findings.--Congress makes the following findings:
       (1) The United States recognized the need for improving 
     maritime safety and security in West and Central Africa and 
     the Gulf of Guinea by implementing the Naval Africa 
     Partnership Station.
       (2) According to the International Maritime Bureau, piracy 
     around the world doubled in the first 6 months of 2009 as 
     compared to the first 6 months of 2008, to 114 from 240 
     incidents.
       (3) The rise in attacks is mainly due to piracy off the 
     coast of the Horn of Africa, specifically in the Gulf of 
     Aden, with attacks originating from Somalia doubling since 
     2007.
       (4) With more than 30,000 vessels transiting the Gulf of 
     Aden each year, these attacks are taking place in a vast area 
     of more than 1,000,000 square nautical miles.
       (5) Instability and piracy from Somalia affects not only 
     neighboring African countries such as Ethiopia, Djibouti, and 
     Kenya, but also affects the international community due to 
     the increased insecurity of the region and terrorizing ships 
     in the highly transited Gulf of Aden.
       (6) African countries have become more vulnerable as Al 
     Qaeda has infiltrated into the Horn of Africa threatening the 
     stability in the region and fueling international terrorist 
     growth and activities. It has been reported that terrorists' 
     networks in Somalia, Eritrea, and the Ogaden region of 
     Ethiopia are working together and increasing their 
     capability.
       (7) The Naval Africa Partnership Station is working 
     collaboratively with agencies and organizations from Africa, 
     the United States, and Europe to provide naval security for 
     coastal nations in West and Central Africa and in the Gulf of 
     Guinea.
       (8) The Naval Africa Partnership Station launched its first 
     mission in November 2007. Since that time, the Station has 
     trained thousands of military personnel in security 
     operation, search and rescue operations, law enforcement, 
     medical skills, and maritime maintenance.
       (9) These programs have proved to be vital resources in 
     aiding developing countries in the professionalization of 
     their militaries, fighting terrorism, and providing resources 
     for emergency situations.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should continue to develop and support the 
     Naval Africa Partnership Station by ensuring adequate funding 
     and resources to promote national security interests of the 
     United States and maritime safety and security in Africa.
                                 ______
                                 
  SA 1744. Mr. LIEBERMAN (for himself, Mr. Sessions, Mr. Inhofe, Mr. 
Vitter, Mr. Martinez, Mr. Kyl, Mr. Begich, Mr. McCain, Mr. Nelson of 
Nebraska, and Mr. Nelson of Florida) submitted an amendment intended to 
be proposed by him to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 245. SENSE OF SENATE ON AND RESERVATION OF FUNDS FOR 
                   DEVELOPMENT AND DEPLOYMENT OF MISSILE DEFENSE 
                   SYSTEMS IN EUROPE.

       (a) Findings.--The Senate makes the following findings:
       (1) In the North Atlantic Treaty Organization (NATO) 
     Bucharest Summit Declaration of April 3, 2008, the Heads of 
     State and Government participating in the meeting of the 
     North Atlantic Council declared that ``[b]allistic missile 
     proliferation poses an increasing threat to Allies' forces, 
     territory and populations. Missile defence forms part of a 
     broader response to counter this threat. We therefore 
     recognize the substantial contribution to the protection of 
     Allies from long-range ballistic missiles to be provided by 
     the planned deployment of European-based United States 
     missile defence assets''.
       (2) The Bucharest Summit Declaration also stated that 
     ``[b]earing in mind the principle of the indivisibility of 
     Allied security as well as NATO solidarity, we task the 
     Council in Permanent Session to develop options for a 
     comprehensive missile defence architecture to extend coverage 
     to all Allied territory and populations not otherwise covered 
     by the United States system for review at our 2009 Summit, to 
     inform any future political decision''.
       (3) In the Bucharest Summit Declaration, the North Atlantic 
     Council also reaffirmed to Russia that ``current, as well as 
     any future, NATO Missile Defence efforts are intended to 
     better address the security challenges we all face, and 
     reiterate that, far from posing a threat to our relationship, 
     they offer opportunities to deepen levels of cooperation and 
     stability''.
       (4) In the Strasbourg/Kehl Summit Declaration of April 4, 
     2009, the heads of state and government participating in the 
     meeting of the North Atlantic Council reaffirmed ``the 
     conclusions of the Bucharest Summit about missile defense,'' 
     and declared that ``we judge that missile threats should be 
     addressed in a prioritized manner that includes consideration 
     of the level of imminence of the threat and the level of 
     acceptable risk''.
       (5) Iran is rapidly developing its ballistic missile 
     capabilities, including its inventory of short-range and 
     medium-range ballistic missiles that can strike portions of 
     Eastern and Southern North Atlantic Treaty Organization 
     European territory, as well as the pursuit of long-range 
     ballistic missiles that could reach Europe or the United 
     States.
       (6) On July 8, 2008, the Government of the United States 
     and the Government of the Czech Republic signed an agreement 
     to base a radar facility in the Czech Republic that is part 
     of a proposed missile defense system to protect Europe and 
     the United States against a potential future Iranian long-
     range ballistic missile threat.
       (7) On August 20, 2008, the United States and the Republic 
     of Poland signed an agreement concerning the deployment of 
     ground-based ballistic missile defense interceptors in the 
     territory of the Republic of Poland.
       (8) Section 233 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal

[[Page S7926]]

     Year 2009 (Public Law 110-417; 122 Stat. 4393; 10 U.S.C. 2431 
     note) establishes conditions for the availability of funds 
     for procurement, construction, and deployment of the planned 
     missile defense system in Europe, including that the host 
     nations must ratify any missile defense agreements with the 
     United States and that the Secretary of Defense must certify 
     that the system has demonstrated the ability to accomplish 
     the mission.
       (9) On April 5, 2009, President Barack Obama, speaking in 
     Prague, Czech Republic, stated, ``As long as the threat from 
     Iran persists, we will go forward with a missile defense 
     system that is cost-effective and proven. If the Iranian 
     threat is eliminated, we will have a stronger basis for 
     security, and the driving force for missile defense 
     construction in Europe will be removed.''.
       (10) On June 16, 2009, Deputy Secretary of Defense William 
     Lynn testified before the Committee on Armed Services of the 
     Senate that the United States Government is reviewing its 
     options for developing and deploying operationally effective, 
     cost-effective missile defense capabilities to Europe against 
     potential future Iranian missile threats, in addition to the 
     proposed deployment of a missile defense system in Poland and 
     the Czech Republic.
       (11) On July 9, 2009, General James Cartwright, the Vice 
     Chairman of the Joint Chiefs of Staff, testified before the 
     Committee on Armed Services of the Senate that the Department 
     of Defense was considering some 40 different missile defense 
     architecture options for Europe that could provide a 
     ``regional defense capability to protect the nations'' of 
     Europe, and a ``redundant capability that would assist in 
     protecting the United States,'' and that the Department was 
     considering ``what kind of an architecture best suits the 
     defense of the region, the defense of the homeland, and the 
     regional stability''.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States Government should continue developing 
     and planning for the proposed deployment of elements of a 
     Ground-based Midcourse Defense (GMD) system, including a 
     midcourse radar in the Czech Republic and Ground-Based 
     Interceptors in Poland, consistent with section 233 of the 
     Duncan Hunter National Defense Authorization Act for Fiscal 
     Year 2009;
       (2) in conjunction with the continued development of the 
     planned Ground-based Midcourse Defense system, the United 
     States should work with its North Atlantic Treaty 
     Organization allies to explore a range of options and 
     architectures to provide missile defenses for Europe and the 
     United States against current and future Iranian ballistic 
     missile capabilities;
       (3) any alternative system that the United States 
     Government considers deploying in Europe to provide for the 
     defense of Europe and a redundant defense of the United 
     States against future long-range Iranian missile threats 
     should be at least as capable and cost-effective as the 
     proposed European deployment of the Ground-based Midcourse 
     Defense system; and
       (4) any missile defense capabilities deployed in Europe 
     should, to the extent practical, be interoperable with United 
     States and North Atlantic Treaty Organization missile defense 
     systems.
       (c) Reservation of Funds for Missile Defense Systems.--
       (1) In general.--Of the funds authorized to be appropriated 
     or otherwise made available for fiscal years 2009 and 2010 
     for the Missile Defense Agency for the purpose of developing 
     missile defenses in Europe, $353,100,000 shall be available 
     only for the purposes described in paragraph (2).
       (2) Use of funds.--The purposes described in this paragraph 
     are the following:
       (A) Research, development, test, and evaluation of--
       (i) the proposed midcourse radar element of the Ground-
     based Midcourse Defense system in the Czech Republic; and
       (ii) the proposed long-range missile defense interceptor 
     site element of such defense system in Poland.
       (B) Research, development, test, and evaluation, 
     procurement, construction, or deployment of other missile 
     defense systems designed to protect Europe, and the United 
     States in the case of long-range missile threats, from the 
     threats posed by current and future Iranian ballistic 
     missiles of all ranges, if the Secretary of Defense submits 
     to the congressional defense committees a report certifying 
     that such systems are expected to be--
       (i) consistent with the direction from the North Atlantic 
     Council to address ballistic missile threats to Europe and 
     the United States in a prioritized manner that includes 
     consideration of the imminence of the threat and the level of 
     acceptable risk;
       (ii) operationally effective and cost-effective in 
     providing protection for Europe, and the United States in the 
     case of long-range missile threats, against current and 
     future Iranian ballistic missile threats; and
       (iii) interoperable, to the extent practical, with other 
     components of missile defense and complementary to the 
     missile defense strategy of the North Atlantic Treaty 
     Organization.
       (d) Construction.--Nothing in this section shall be 
     construed as limiting or preventing the Department of Defense 
     from pursuing the development or deployment of operationally 
     effective and cost-effective ballistic missile defense 
     systems in Europe.
                                 ______
                                 
  SA 1745. Mr. LEAHY (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 904. STATE CONTROL OF FEDERAL MILITARY FORCES ENGAGED IN 
                   ACTIVITIES WITHIN THE STATES AND POSSESSIONS.

       (a) In General.--Part I of subtitle A of title 10, United 
     States Code, is amended by inserting after chapter 15 the 
     following new chapter:

  ``CHAPTER 16--CONTROL OF THE ARMED FORCES IN ACTIVITIES WITHIN THE 
                         STATES AND POSSESSIONS

``Sec.
``341. Tactical control of the armed forces engaged in activities 
              within the States and possessions: emergency response 
              activities.

     ``Sec. 341. Tactical control of the armed forces engaged in 
       activities within the States and possessions: emergency 
       response activities

       ``(a) In General.--The Secretary of Defense shall prescribe 
     in regulations policies and procedures to assure that 
     tactical control of the armed forces on active duty within a 
     State or possession is vested in the governor of the State or 
     possession, as the case may be, when such forces are engaged 
     in a domestic operation, including emergency response, within 
     such State or possession.
       ``(b) Discharge Through Joint Force Headquarters.--The 
     policies and procedures required under subsection (a) shall 
     provide for the discharge of tactical control by the governor 
     of a State or possession as described in that subsection 
     through the Joint Force Headquarters of the National Guard in 
     the State or possession, as the case may be, acting through 
     the officer of the National Guard in command of the 
     Headquarters.
       ``(c) Possessions Defined.--Notwithstanding any provision 
     of section 101(a) of this title, in this section, the term 
     `possessions' means the Commonwealth of Puerto Rico, Guam, 
     and the Virgin Islands.''.
       (b) Clerical Amendments.--The tables of chapters at the 
     beginning of title 10, United States Code, and at the 
     beginning of part I of subtitle A of such title, are each 
     amended by inserting after the item relating to chapter 15 
     the following new item:

``16. Control of the Armed Forces in Activities Within the States and 
    Possessions..............................................341''.....

                                 ______
                                 
  SA 1746. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 125. AC-130 GUNSHIPS.

       (a) Report on Reduction in Service Life in Connection With 
     Accelerated Deployment.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of the Air 
     Force, in consultation with the United States Special 
     Operations Command, shall submit to the congressional defense 
     committees an assessment of the reduction in the service life 
     of AC-130 gunships of the Air Force as a result of the 
     accelerated deployments of such gunships that are anticipated 
     during the seven- to ten-year period beginning with the date 
     of the enactment of this Act, assuming that operating tempo 
     continues at a rate per year of the average of their 
     operating rate for the last five years.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An estimate by series of the maintenance costs for the 
     AC-130 gunships during the period described in subsection 
     (a), including any major airframe and engine overhauls of 
     such aircraft anticipated during that period.
       (2) A description by series of the age, serviceability, and 
     capabilities of the armament systems of the AC-130 gunships.
       (3) An estimate by series of the costs of modernizing the 
     armament systems of the AC-130 gunships to achieve any 
     necessary capability improvements.
       (4) A description by series of the age and capabilities of 
     the electronic warfare systems of the AC-130 gunships, and an 
     estimate of the cost of upgrading such systems during that 
     period to achieve any necessary capability improvements.
       (5) A description by series of the age of the avionics 
     systems of the AC-130 gunships, and an estimate of the cost 
     of upgrading such systems during that period to achieve any 
     necessary capability improvements.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.

[[Page S7927]]

       (d) Analysis of Alternatives.--The Secretary of the Air 
     Force, in consultation with the United States Special 
     Operations Command, shall conduct an analysis of alternatives 
     for any gunship modernization requirements identified by the 
     2009 quadrennial defense review under section 118 of title 
     10, United States Code. The results of the analysis of 
     alternatives shall be provided to the congressional defense 
     committees not later than 18 months after the completion of 
     the 2009 quadrennial defense review.
                                 ______
                                 
  SA 1747. Mr. LEAHY (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 904. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED 
                   STATES NORTHERN COMMAND AND OTHER COMBATANT 
                   COMMANDS.

       (a) Commands Responsible for Support to Civil Authorities 
     in the United States.--The United States Northern Command and 
     the United States Pacific Command shall be the combatant 
     commands of the Armed Forces that are principally responsible 
     for the support of civil authorities in the United States by 
     the Armed Forces.
       (b) Discharge of Responsibility.--In discharging the 
     responsibility set forth in subsection (a), the Commander of 
     the United States Northern Command and the Commander of the 
     United States Pacific Command shall each--
       (1) in consultation with and acting through the Chief of 
     the National Guard Bureau and the Joint Force Headquarters of 
     the National Guard of the State or States concerned, assist 
     the States in the employment of the National Guard under 
     State control, including National Guard operations conducted 
     in State active duty or under title 32, United States Code; 
     and
       (2) facilitate the deployment of the Armed Forces on active 
     duty under title 10, United States Code, as necessary to 
     augment and support the National Guard in its support of 
     civil authorities when National Guard operations are 
     conducted under State control, whether in State active duty 
     or under title 32, United States Code.
       (c) Memorandum of Understanding.--
       (1) Memorandum required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Northern Command, the Commander of the United 
     States Pacific Command, and the Chief of the National Guard 
     Bureau shall, with the approval of the Secretary of Defense, 
     jointly enter into a memorandum of understanding setting 
     forth the operational relationships, and individual roles and 
     responsibilities, during responses to domestic emergencies 
     among the United States Northern Command, the United States 
     Pacific Command, and the National Guard Bureau.
       (2) Modification.--The Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau may from 
     time to time modify the memorandum of understanding under 
     this subsection to address changes in circumstances and for 
     such other purposes as the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau jointly 
     consider appropriate. Each such modification shall be subject 
     to the approval of the Secretary of Defense.
       (d) Authority To Modify Assignment of Command 
     Responsibility.--Nothing in this section shall be construed 
     as altering or limiting the power of the President or the 
     Secretary of Defense to modify the Unified Command Plan in 
     order to assign all or part of the responsibility described 
     in subsection (a) to a combatant command other than the 
     United States Northern Command or the United States Pacific 
     Command.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations for purposes of aiding the expeditious 
     implementation of the authorities and responsibilities in 
     this section.
                                 ______
                                 
  SA 1748. Mr. LEAHY (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 904. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS IN 
                   CERTAIN COMMAND POSITIONS.

       (a) Commander of Army North Command.--The officer serving 
     in the position of Commander, Army North Command, shall be an 
     officer in the Army National Guard of the United States.
       (b) Commander of Air Force North Command.--The officer 
     serving in the position of Commander, Air Force North 
     Command, shall be an officer in the Air National Guard of the 
     United States.
       (c) Sense of Congress.--It is the sense of Congress that, 
     in assigning officers to the command positions specified in 
     subsections (a) and (b), the President should afford a 
     preference in assigning officers in the Army National Guard 
     of the United States or Air National Guard of the United 
     States, as applicable, who have served as the adjutant 
     general of a State.
                                 ______
                                 
  SA 1749. Mr. LEAHY (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 904. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE 
                   NATIONAL GUARD BUREAU.

       (a) Reestablishment of Position.--
       (1) In general.--Chapter 1011 of title 10, United States 
     Code, is amended--
       (A) by redesignating section 10505 as section 10505a; and
       (B) by inserting after section 10504 the following new 
     section 10505:

     ``Sec. 10505. Vice Chief of the National Guard Bureau

       ``(a) Appointment.--(1) There is a Vice Chief of the 
     National Guard Bureau, selected by the Secretary of Defense 
     from officers of the Army National Guard of the United States 
     or the Air National Guard of the United States who--
       ``(A) are recommended for such appointment by their 
     respective Governors or, in the case of the District of 
     Columbia, the commanding general of the District of Columbia 
     National Guard;
       ``(B) have had at least 10 years of federally recognized 
     service in an active status in the National Guard; and
       ``(C) are in a grade above the grade of colonel.
       ``(2) The Chief and Vice Chief of the National Guard Bureau 
     may not both be members of the Army or of the Air Force.
       ``(3)(A) Except as provided in subparagraph (B), an officer 
     appointed as Vice Chief of the National Guard Bureau serves 
     for a term of four years, but may be removed from office at 
     any time for cause.
       ``(B) The term of the Vice Chief of the National Guard 
     Bureau shall end within a reasonable time (as determined by 
     the Secretary of Defense) following the appointment of a 
     Chief of the National Guard Bureau who is a member of the 
     same armed force as the Vice Chief.
       ``(b) Duties.--The Vice Chief of the National Guard Bureau 
     performs such duties as may be prescribed by the Chief of the 
     National Guard Bureau.
       ``(c) Grade.--The Vice Chief of the National Guard Bureau 
     shall be appointed to serve in the grade of lieutenant 
     general.
       ``(d) Functions as Acting Chief.--When there is a vacancy 
     in the office of the Chief of the National Guard Bureau or in 
     the absence or disability of the Chief, the Vice Chief of the 
     National Guard Bureau acts as Chief and performs the duties 
     of the Chief until a successor is appointed or the absence of 
     disability ceases.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1011 of such title is amended by 
     striking the item relating to section 10505 and inserting the 
     following new items:

``10505. Vice Chief of the National Guard Bureau.
``10505a. Director of the Joint Staff of the National Guard Bureau.''.

       (b) Conforming Amendment.--Section 10506(a)(1) of such 
     title is amended by striking ``and the Director of the Joint 
     Staff of the National Guard Bureau'' and inserting ``, the 
     Vice Chief of the National Guard Bureau, and the Director of 
     the Joint Staff of the National Guard Bureau''.
                                 ______
                                 
  SA 1750. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. SENSE OF THE SENATE RELATING TO PAY FOR EMPLOYEES 
                   SERVING AT JOINT BASE MCGUIRE/DIX/LAKEHURST.

       It is the sense of Senate that for the purposes of 
     determining any pay for an employee serving at Joint Base 
     McGuire/Dix/Lakehurst--

[[Page S7928]]

       (1) the pay schedules and rates to be used shall be the 
     same as if such employee were serving in the pay locality, 
     wage area, or other area of locality (whichever would apply 
     to determine pay for the employees involved) that includes 
     Ocean County, New Jersey; and
       (2) the Office of Personnel Management should develop 
     regulations to ensure pay parity for employees serving at 
     Joint Bases.
                                 ______
                                 
  SA 1751. Mr. WARNER (for himself and Mr. Webb) 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. __. NATIONAL D-DAY MEMORIAL STUDY.

       (a) Definitions.--In this section:
       (1) Area.--The term ``Area'' means in the National D-Day 
     Memorial in Bedford, Virginia.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (b) Study.--
       (1) In general.--The Secretary shall conduct a study of the 
     Area to evaluate the national significance of the Area and 
     suitability and feasibility of designating the Area as a unit 
     of the National Park System.
       (2) Criteria.--In conducting the study required by 
     paragraph (1), the Secretary shall use the criteria for the 
     study of areas for potential inclusion in the National Park 
     System in section 8(c) of Public Law 91-383 (16 U.S.C. 1a-
     5(c)).
       (3) Contents.--The study required by paragraph (1) shall--
       (A) determine the suitability and feasibility of 
     designating the Area as a unit of the National Park System;
       (B) include cost estimates for any necessary acquisition, 
     development, operation, and maintenance of the Area; and
       (C) identify alternatives for the management, 
     administration, and protection of the Area.
       (c) Report.--Section 8(c) of Public Law 91-383 (16 U.S.C. 
     1a-5(c)) shall apply to the conduct of the study required by 
     this section, except that the study shall be submitted to the 
     Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate not later than 3 years after the date 
     on which funds are first made available for the study.
                                 ______
                                 
  SA 1752. Mrs. BOXER (for herself and Mr. Bond) submitted an amendment 
intended to be proposed by her to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

       (a) Reduction.--Section 1074i(a) of title 10, United States 
     Code, is amended by striking ``100 miles'' and inserting ``50 
     miles''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act, and shall apply with respect to 
     referrals for specialty health care made on or after such 
     effective date.
       (c) Offset.--The amount authorized to be appropriated by 
     section 301(a)(5) for operation and maintenance for Defense-
     wide activities is hereby decreased by $14,000,000, with the 
     amount of the decrease to be derived from unobligated 
     balances.
                                 ______
                                 
  SA 1753. Ms. KLOBUCHAR 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 F of title V, add the following:

     SEC. 557. FULL ACCESS TO MENTAL HEALTH CARE FOR FAMILY 
                   MEMBERS OF MEMBERS OF THE NATIONAL GUARD AND 
                   RESERVE WHO ARE DEPLOYED OVERSEAS.

       (a) Expanded Initiative To Increase Access to Mental Health 
     Care.--
       (1) In general.--The Secretary of Defense shall expand 
     existing Department of Defense initiatives to increase access 
     to mental health care for family members of members of the 
     National Guard and Reserve deployed overseas during the 
     periods of mobilization, deployment, and demobilization of 
     such members of the National Guard and Reserve.
       (2) Elements.--The expanded initiatives, which shall build 
     upon and be consistent with ongoing efforts, shall include 
     the following:
       (A) Programs and activities to educate the family members 
     of members of the National Guard and Reserve who are deployed 
     overseas on potential mental health challenges connected with 
     such deployment.
       (B) Programs and activities to provide such family members 
     with complete information on all mental health resources 
     available to such family members through the Department of 
     Defense and otherwise.
       (C) Guidelines for mental health counselors at military 
     installations in communities with large numbers of mobilized 
     members of the National Guard and Reserve to expand the reach 
     of their counseling activities to include families of such 
     members in such communities.
       (b) Reports.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and at such times as the Secretary 
     deems appropriate thereafter, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on this section.
       (2) Elements.--Each report shall include the following:
       (A) A current assessment of the extent to which family 
     members of members of the National Guard and Reserve who are 
     deployed overseas have access to, and are utilizing, mental 
     health care available under this section.
       (B) A current assessment of the quality of mental health 
     care being provided to family members of members of the 
     National Guard and Reserve who are deployed overseas, and an 
     assessment of expanding coverage for mental health care 
     services under the TRICARE program to mental health care 
     services provided at facilities currently outside the 
     accredited network of the TRICARE program.
       (C) Such recommendations for legislative or administration 
     action as the Secretary considers appropriate in order to 
     further assure full access to mental health care by family 
     members of members of the National Guard and Reserve who are 
     deployed overseas during the mobilization, deployment, and 
     demobilization of such members of the National Guard and 
     Reserve.
                                 ______
                                 
  SA 1754. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1390, to authorize appropriations for 
fiscal year 2010 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 125. C-130 AVIONICS MODERNIZATION PROGRAM.

       Of the amounts authorized to be appropriated by section 103 
     for procurement for the Air Force, $209,500,000 is authorized 
     to be appropriated for the C-130 Avionics Modernization 
     Program (AMP) for AMP kit procurement and installation.
                                 ______
                                 
  SA 1755. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS 
                   TRUSTS ESTABLISHED FOR THE BENEFIT OF DEPENDENT 
                   CHILDREN INCAPABLE OF SELF-SUPPORT.

       (a) Special Needs Trust as Eligible Beneficiary.--
       (1) In general.--Subsection (a) of section 1450 of title 
     10, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Special needs trusts for sole benefit of certain 
     dependent children.--Notwithstanding subsection (i), a 
     supplemental or special needs trust established under 
     subparagraph (A) or (C) of section 1917(d)(4) of the Social 
     Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of 
     a dependent child considered disabled under section 
     1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is 
     incapable of self-support because of mental or physical 
     incapacity.''.
       (2) Conforming amendment.--Subsection (i) of such section 
     is amended by inserting ``(a)(4) or'' after ``subsection''.
       (b) Regulations.--Section 1455(d) of such title is 
     amended--

[[Page S7929]]

       (1) in the subsection caption, by striking ``and 
     Fiduciaries'' and inserting ``, Fiduciaries, and Special 
     Needs Trusts'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) a dependent child incapable of self-support because 
     of mental or physical incapacity for whom a supplemental or 
     special needs trust has been established under subparagraph 
     (A) or (C) of section 1917(d)(4) of the Social Security Act 
     (42 U.S.C. 1396p(d)(4)).'';
       (3) in paragraph (2)--
       (A) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (D) through (I), respectively;
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) In the case of an annuitant referred to in paragraph 
     (1)(C), payment of the annuity to the supplemental or special 
     needs trust established for the annuitant.'';
       (C) in subparagraph (D), as redesignated by subparagraph 
     (A) of this paragraph, by striking ``subparagraphs (D) and 
     (E)'' and inserting ``subparagraphs (E) and (F)''; and
       (D) in subparagraph (H), as so redesignated--
       (i) by inserting ``or (1)(C)'' after ``paragraph (1)(B)'' 
     in the matter preceding clause (i);
       (ii) in clause (i), by striking ``and'' at the end;
       (iii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iv) by adding at the end the following new clause:
       ``(iii) procedures for determining when annuity payments to 
     a supplemental or special needs trust shall end based on the 
     death or marriage of the dependent child for which the trust 
     was established.''; and
       (4) in paragraph (3), by striking ``or fiduciary'' in the 
     paragraph caption and inserting ``, fiduciary, or trust''.
                                 ______
                                 
  SA 1756. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. PAY PARITY FOR FEDERAL EMPLOYEES SERVING AT JOINT 
                   BASE MCGUIRE/DIX/LAKEHURST.

       (a) In General.--For purposes of any determination of pay 
     for an employee serving at Joint Base McGuire/Dix/Lakehurst, 
     the pay schedules and rates to be used shall be the same as 
     if such employee were serving in the pay locality, wage area, 
     or other area or locality (whichever would apply to determine 
     pay for the employee involved) that includes Ocean County, 
     New Jersey.
       (b) Definitions.--For purposes of this section--
       (1) the term ``employee'' means an employee (as defined by 
     section 2105 of title 5, United States Code)--
       (A) whose pay is determined under subchapter III or IV of 
     chapter 53 of such title; or
       (B) who is paid from nonappropriated funds of any 
     instrumentality of the United States;
       (2) the term ``pay locality'' refers to a pay locality 
     under section 5302 of such title; and
       (3) the term ``wage area'' refers to a wage area under 
     section 5343 of such title.
       (c) Regulations.--The Office of Personnel Management may 
     prescribe any regulations necessary to carry out this 
     section.
       (d) Effective Date.--This section shall apply with respect 
     to pay for service performed in any pay period beginning on 
     or after the date of the enactment of this Act or October 1, 
     2009, whichever is later.
                                 ______
                                 
  SA 1757. Mr. KERRY (for himself, Mr. Levin, and Mr. Webb) 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. REVIEW OF CONDUCT OF NORTH KOREA TO DETERMINE 
                   WHETHER NORTH KOREA SHOULD BE RE-LISTED AS A 
                   STATE SPONSOR OF TERRORISM.

       (a) Findings.--The Senate makes the following findings:
       (1) On April 5, 2009, the Government of North Korea tested 
     an intermediate range ballistic missile in violation of 
     United Nations Security Council Resolutions 1695 (2006) and 
     1718 (2006).
       (2) On April 5, 2009, President Barack Obama issued a 
     statement on North Korea, stating that ``Preventing the 
     proliferation of weapons of mass destruction and their means 
     of delivery is a high priority for my administration'', and 
     adding, ``North Korea has ignored its international 
     obligations, rejected unequivocal calls for restraint, and 
     further isolated itself from the community of nations''.
       (3) On April 15, 2009, the Government of North Korea 
     announced it was expelling international inspectors from its 
     Yongbyon nuclear facility and ending its participation in the 
     Six Party Talks for the Denuclearization of the Korean 
     Peninsula.
       (4) On May 25, 2009, the Government of North Korea 
     conducted a second nuclear test, in disregard of United 
     Nations Security Council Resolution 1718, which was issued in 
     2006 following the first such test and which demanded that 
     North Korea not conduct any further nuclear tests or launches 
     of a ballistic missile.
       (5) The State Department's 2008 Human Rights Report on 
     North Korea, issued on February 25, 2009, found that human 
     rights conditions inside North Korea remained poor, prison 
     conditions are harsh and life-threatening, and citizens were 
     denied basic freedoms such as freedom of speech, press, 
     assembly, religion, and association.
       (6) Pursuant to section 102(b)(2)(E) of the Arms Export 
     Control Act (22 U.S.C. 2799aa-1(b)(2)(E)), President George 
     W. Bush, on February 7, 2007, notified Congress that the 
     United States Government would oppose the extension of any 
     loan or financial or technical assistance to North Korea by 
     any international financial institution and the prohibition 
     on support for the extension of such loans or assistance 
     remains in effect.
       (7) On June 12, 2009, the United Nations Security Council 
     passed Resolution 1874, condemning North Korea's nuclear 
     test, imposing a sweeping embargo on all arms trade with 
     North Korea, and requiring member states not to provide 
     financial support or other financial services that could 
     contribute to North Korea's nuclear-related or missile-
     related activities or other activities related to weapons of 
     mass destruction.
       (8) On July 15, 2009, the Sanctions Committee of the United 
     Nations Security Council, pursuant to United Nations Security 
     Council Resolution 1874, imposed a travel ban on five North 
     Korean individuals and asset freezes on five more North 
     Korean entities for their involvement in nuclear weapons and 
     ballistic missile development programs, marking the first 
     time the United Nations has imposed a travel ban on North 
     Koreans.
       (9) On June 10, 2008, the Government of North Korea issued 
     a statement, subsequently conveyed directly to the United 
     States Government, affirming that North Korea, ``will firmly 
     maintain its consistent stand of opposing all forms of 
     terrorism and any support to it and will fulfill its 
     responsibility and duty in the struggle against terrorism.''.
       (10) The June 10, 2008, statement by the Government of 
     North Korea also pledged that North Korea would take ``active 
     part in the international efforts to prevent substance, 
     equipment and technology to be used for the production of 
     nukes and biochemical and radioactive weapons from finding 
     their ways to the terrorists and the organizations that 
     support them''.
       (11) On June 26, 2008, President George W. Bush certified 
     that--
       (A) the Government of North Korea had not provided any 
     support for international terrorism during the preceding 6-
     month period; and
       (B) the Government of North Korea had provided assurances 
     that it will not support acts of international terrorism in 
     the future.
       (12) The President's June 26 certification concluded, based 
     on all available information, that there was ``no credible 
     evidence at this time of ongoing support by the DPRK for 
     international terrorism'' and that ``there is no credible or 
     sustained reporting at this time that supports allegations 
     (including as cited in recent reports by the Congressional 
     Research Service) that the DPRK has provided direct or 
     witting support for Hezbollah, Tamil Tigers, or the Iranian 
     Revolutionary Guard''.
       (13) The State Department's Country Reports on Terrorism 
     2008, in a section on North Korea, state, ``The Democratic 
     People's Republic of Korea (DPRK) was not known to have 
     sponsored any terrorist acts since the bombing of a Korean 
     Airlines flight in 1987.''.
       (14) The Country Reports on Terrorism 2008 also state, ``A 
     state that directs WMD resources to terrorists, or one from 
     which enabling resources are clandestinely diverted, poses a 
     grave WMD terrorism threat. Although terrorist organizations 
     will continue to seek a WMD capability independent of state 
     programs, the sophisticated WMD knowledge and resources of a 
     state could enable a terrorist capability. State sponsors of 
     terrorism and all nations that fail to live up to their 
     international counterterrorism and nonproliferation 
     obligations deserve greater scrutiny as potential 
     facilitators of WMD terrorism.''.
       (15) On October 11, 2008, the Secretary of State, pursuant 
     to the President's certification, removed North Korea from 
     the list of state sponsors of terrorism, on which North Korea 
     had been placed in 1988.
       (b) Report on Conduct of North Korea.--Not later than 30 
     days after the date of the enactment of this Act, the 
     President shall submit to Congress a detailed report 
     examining the conduct of the Government of North Korea since 
     June 26, 2008, based on all

[[Page S7930]]

     available information, to determine whether North Korea meets 
     the statutory criteria for listing as a state sponsor of 
     terrorism. The report shall--
       (1) present any credible evidence of support by the 
     Government of North Korea for acts of terrorism, terrorists, 
     or terrorist organizations;
       (2) examine what steps the Government of North Korea has 
     taken to fulfill its June 10, 2008, pledge to prevent weapons 
     of mass destruction from falling into the hands of 
     terrorists; and
       (3) assess the effectiveness of re-listing North Korea as a 
     state sponsor of terrorism as a tool to accomplish the 
     objectives of the United States with respect to North Korea, 
     including completely eliminating North Korea's nuclear 
     weapons programs, preventing North Korean proliferation of 
     weapons of mass destruction, and encouraging North Korea to 
     abide by international norms with respect to human rights.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the conduct of North Korea constitutes a threat to the 
     northeast Asian region and to international peace and 
     security;
       (2) if the United States determines that the Government of 
     North Korea has provided assistance to terrorists or engaged 
     in state sponsored acts of terrorism, the Secretary of State 
     should immediately list North Korea as a state sponsor of 
     terrorism;
       (3) if the United States determines that the Government of 
     North Korea has failed to fulfill its June 10, 2008, pledges, 
     the Secretary of State should immediately list North Korea as 
     a state sponsor of terrorism; and
       (4) the United States should--
       (A) vigorously enforce United Nations Security Council 
     Resolutions 1718 (2006) and 1874 (2009) and other sanctions 
     in place with respect to North Korea under United States law;
       (B) urge all member states of the United Nations to fully 
     implement the sanctions imposed by United Nations Security 
     Council Resolutions 1718 and 1874; and
       (C) consider the imposition of additional unilateral and 
     multilateral sanctions against North Korea in furtherance of 
     United States national security.
       (d) State Sponsor of Terrorism Defined.--For purposes of 
     this section, the term ``state sponsor of terrorism'' means a 
     country that has repeatedly provided support for acts of 
     international terrorism for purposes of--
       (1) section 6(j) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.));
       (2) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (3) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371).
                                 ______
                                 
  SA 1758. Mr. REED (for himself and Mr. Wicker) submitted an amendment 
intended to be proposed by him to the bill S. 1390, to authorize 
appropriations for fiscal year 2010 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1073. REPORT ON ENABLING CAPABILITIES FOR SPECIAL 
                   OPERATIONS FORCES.

       (a) Report Required.--Not later than 270 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Special Operations Command, jointly with the 
     commanders of the combatant commands and the chiefs of the 
     services, shall submit to the Secretary of Defense and the 
     Chairman of the Joint Chiefs of Staff a report on the 
     availability of enabling capabilities to support special 
     operations forces requirements.
       (b) Matters to Be Included.--The report required under 
     subsection (a) shall include the following:
       (1) An identification of the requirements for enabling 
     capabilities for conventional forces and special operations 
     forces globally, including current and projected needs in 
     Iraq, Afghanistan, and other theaters of operation.
       (2) A description of the processes used to prioritize and 
     allocate enabling capabilities to meet the mission 
     requirements of conventional forces and special operations 
     forces.
       (3) An identification and description of any shortfalls in 
     enabling capabilities for special operations forces by 
     function, region, and quantity, as determined by the 
     Commander of the United States Special Operations Command and 
     the commanders of the geographic combatant commands.
       (4) An assessment of the current inventory of these 
     enabling capabilities within the military departments and 
     components and the United States Special Operations Command.
       (5) An assessment of whether there is a need to create 
     additional enabling capabilities by function and quantity.
       (6) An assessment of the merits of creating additional 
     enabling units, by type and quantity--
       (A) within the military departments; and
       (B) within the United States Special Operations Command.
       (7) Recommendations for meeting the current and future 
     enabling force requirements of the United States Special 
     Operations Command, including an assessment of the increases 
     in endstrength, equipment, funding, and military construction 
     that would be required to support these recommendations.
       (8) Any other matters the Commander of the United States 
     Special Operations Command, the commanders of the combatant 
     commands, and the chiefs of the services consider useful and 
     relevant.
       (c) Report to Congress.--Not later than 30 days after 
     receiving the report required under subsection (a), the 
     Secretary of Defense shall forward the report to the 
     congressional defense committees with any additional comments 
     the Secretary considers appropriate.
                                 ______
                                 
  SA 1759. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 202. ADDITIONAL FUNDING FOR B-52H MIL-STD-1760 DATA BUS 
                   INTERNAL WEAPONS BAY.

       (a) Additional Amount for Research, Development, Test, and 
     Evaluation, Air Force.--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 
     $16,800,000, with the amount of the increase to be allocated 
     to amounts available for the B-52H MIL-STD-1760 Data Bus 
     Internal Weapons Bay (PE # 0101113F).
       (b) Offset.--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 
     $16,800,000, with the amount of the decrease to be derived 
     from amounts available for PE # 0101127F.
                                 ______
                                 
  SA 1760. Mr. KYL (for himself, Mr. McConnell, Mr. McCain, Mr. Inhofe, 
Mr. Sessions, Mr. Graham, Mr. Vitter, Mr. DeMint, Mr. Risch, Mr. 
Cornyn, Mr. Barrasso, Mr. Lieberman, Mr. Wicker, and Mr. Bennett) 
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; as follows:

       At the end of title XII, add the following:

     SEC. 1232. LIMITATION ON FUNDS TO IMPLEMENT REDUCTIONS IN THE 
                   STRATEGIC NUCLEAR FORCES OF THE UNITED STATES 
                   PURSUANT TO ANY TREATY OR OTHER AGREEMENT WITH 
                   THE RUSSIAN FEDERATION.

       (a) Findings.--Congress makes the following findings:
       (1) In the Joint Statement by President Dmitriy Medvedev of 
     the Russian Federation and President Barack Obama of the 
     United States of America after their meeting in London, 
     England on April 1, 2009, the two Presidents agreed ``to 
     pursue new and verifiable reductions in our strategic 
     offensive arsenals in a step-by-step process, beginning by 
     replacing the Strategic Arms Reduction Treaty with a new, 
     legally-binding treaty''.
       (2) At that meeting, the two Presidents instructed their 
     negotiators to reach an agreement that ``will mutually 
     enhance the security of the Parties and predictability and 
     stability in strategic offensive forces, and will include 
     effective verification measures drawn from the experience of 
     the Parties in implementing the START Treaty''.
       (3) Subsequently, on April 5, 2009, in a speech in Prague, 
     the Czech Republic, President Obama proclaimed, ``Iran's 
     nuclear and ballistic missile activity poses a real threat, 
     not just to the United States, but to Iran's neighbors and 
     our allies. The Czech Republic and Poland have been 
     courageous in agreeing to host a defense against these 
     missiles. As long as the threat from Iran persists, we will 
     go forward with a missile defense system that is cost-
     effective and proven.''
       (4) President Obama also said, ``As long as these [nuclear] 
     weapons exist, the United States will maintain a safe, secure 
     and effective arsenal to deter any adversary, and guarantee 
     that defense to our allies, including the Czech Republic. But 
     we will begin the work of reducing our arsenal.''
       (b) Limitation.--Funds authorized to be appropriated by 
     this Act or otherwise made available to the Department of 
     Defense for fiscal year 2010 may not be obligated or expended 
     to implement reductions in the strategic nuclear forces of 
     the United States pursuant to any treaty or other agreement 
     entered into between the United States and the Russian 
     Federation on strategic nuclear forces after the date of 
     enactment of this Act unless the President certifies to 
     Congress that--

[[Page S7931]]

       (1) the treaty or other agreement provides for sufficient 
     mechanisms to verify compliance with the treaty or agreement;
       (2) the treaty or other agreement does not place 
     limitations on the ballistic missile defense systems, space 
     capabilities, or advanced conventional weapons of the United 
     States; and
       (3) the fiscal year 2011 budget request for programs of the 
     Department of Energy's National Nuclear Security 
     Administration will be sufficiently funded--
       (A) to maintain the reliability, safety, and security of 
     the remaining strategic nuclear forces of the United States; 
     and
       (B) to modernize and refurbish the nuclear weapons complex.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the President shall transmit to the 
     appropriate congressional committees a report on the 
     stockpiles of strategic and nonstrategic weapons of the 
     United States and the Russian Federation.
       (d) Definitions.--In this section:
       (1) Advanced conventional weapons.--The term ``advanced 
     conventional weapons'' means any advanced weapons system that 
     has been specifically designed not to carry a nuclear 
     payload.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the following 
     committees:
       (A) The Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
       (B) The Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.
                                 ______
                                 
  SA 1761. Mr. KERRY (for himself, Mr. Lugar, Mr. Levin, and Mr. Webb) 
proposed an amendment to the bill S. 1390, to authorize appropriations 
for fiscal year 2010 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; as follows:

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

     SEC. 1232. SENSE OF THE SENATE ON ENFORCEMENT AND IMPOSITION 
                   OF SANCTIONS WITH RESPECT TO NORTH KOREA; 
                   REVIEW TO DETERMINE WHETHER NORTH KOREA SHOULD 
                   BE RE-LISTED AS A STATE SPONSOR OF TERRORISM.

       (a) Findings.--The Senate makes the following findings:
       (1) On April 5, 2009, the Government of North Korea tested 
     an intermediate range ballistic missile in violation of 
     United Nations Security Council Resolutions 1695 (2006) and 
     1718 (2006).
       (2) On April 5, 2009, President Barack Obama issued a 
     statement on North Korea, stating that ``Preventing the 
     proliferation of weapons of mass destruction and their means 
     of delivery is a high priority for my administration'', and 
     adding, ``North Korea has ignored its international 
     obligations, rejected unequivocal calls for restraint, and 
     further isolated itself from the community of nations''.
       (3) On April 15, 2009, the Government of North Korea 
     announced it was expelling international inspectors from its 
     Yongbyon nuclear facility and ending its participation in the 
     Six Party Talks for the Denuclearization of the Korean 
     Peninsula.
       (4) On May 25, 2009, the Government of North Korea 
     conducted a second nuclear test, in disregard of United 
     Nations Security Council Resolution 1718, which was issued in 
     2006 following the first such test and which demanded that 
     North Korea not conduct any further nuclear tests or launches 
     of a ballistic missile.
       (5) The State Department's 2008 Human Rights Report on 
     North Korea, issued on February 25, 2009, found that human 
     rights conditions inside North Korea remained poor, prison 
     conditions are harsh and life-threatening, and citizens were 
     denied basic freedoms such as freedom of speech, press, 
     assembly, religion, and association.
       (6) Pursuant to section 102(b)(2)(E) of the Arms Export 
     Control Act (22 U.S.C. 2799aa-1(b)(2)(E)), President George 
     W. Bush, on February 7, 2007, notified Congress that the 
     United States Government would oppose the extension of any 
     loan or financial or technical assistance to North Korea by 
     any international financial institution and the prohibition 
     on support for the extension of such loans or assistance 
     remains in effect.
       (7) On June 12, 2009, the United Nations Security Council 
     passed Resolution 1874, condemning North Korea's nuclear 
     test, imposing a sweeping embargo on all arms trade with 
     North Korea, and requiring member states not to provide 
     financial support or other financial services that could 
     contribute to North Korea's nuclear-related or missile-
     related activities or other activities related to weapons of 
     mass destruction.
       (8) On July 15, 2009, the Sanctions Committee of the United 
     Nations Security Council, pursuant to United Nations Security 
     Council Resolution 1874, imposed a travel ban on five North 
     Korean individuals and asset freezes on five more North 
     Korean entities for their involvement in nuclear weapons and 
     ballistic missile development programs, marking the first 
     time the United Nations has imposed a travel ban on North 
     Koreans.
       (9) On June 10, 2008, the Government of North Korea issued 
     a statement, subsequently conveyed directly to the United 
     States Government, affirming that North Korea, ``will firmly 
     maintain its consistent stand of opposing all forms of 
     terrorism and any support to it and will fulfill its 
     responsibility and duty in the struggle against terrorism.''.
       (10) The June 10, 2008, statement by the Government of 
     North Korea also pledged that North Korea would take ``active 
     part in the international efforts to prevent substance, 
     equipment and technology to be used for the production of 
     nukes and biochemical and radioactive weapons from finding 
     their ways to the terrorists and the organizations that 
     support them''.
       (11) On June 26, 2008, President George W. Bush certified 
     that--
       (A) the Government of North Korea had not provided any 
     support for international terrorism during the preceding 6-
     month period; and
       (B) the Government of North Korea had provided assurances 
     that it will not support acts of international terrorism in 
     the future.
       (12) The President's June 26 certification concluded, based 
     on all available information, that there was ``no credible 
     evidence at this time of ongoing support by the DPRK for 
     international terrorism'' and that ``there is no credible or 
     sustained reporting at this time that supports allegations 
     (including as cited in recent reports by the Congressional 
     Research Service) that the DPRK has provided direct or 
     witting support for Hezbollah, Tamil Tigers, or the Iranian 
     Revolutionary Guard''.
       (13) The State Department's Country Reports on Terrorism 
     2008, in a section on North Korea, state, ``The Democratic 
     People's Republic of Korea (DPRK) was not known to have 
     sponsored any terrorist acts since the bombing of a Korean 
     Airlines flight in 1987.''.
       (14) The Country Reports on Terrorism 2008 also state, ``A 
     state that directs WMD resources to terrorists, or one from 
     which enabling resources are clandestinely diverted, poses a 
     grave WMD terrorism threat. Although terrorist organizations 
     will continue to seek a WMD capability independent of state 
     programs, the sophisticated WMD knowledge and resources of a 
     state could enable a terrorist capability. State sponsors of 
     terrorism and all nations that fail to live up to their 
     international counterterrorism and nonproliferation 
     obligations deserve greater scrutiny as potential 
     facilitators of WMD terrorism.''.
       (15) On October 11, 2008, the Secretary of State, pursuant 
     to the President's certification, removed North Korea from 
     its list of state sponsors of terrorism, on which North Korea 
     had been placed in 1988.
       (b) Report on Conduct of North Korea.--Not later than 30 
     days after the date of the enactment of this Act, the 
     President shall submit to Congress a detailed report 
     examining the conduct of the Government of North Korea since 
     June 26, 2008, based on all available information, to 
     determine whether North Korea meets the statutory criteria 
     for listing as a state sponsor of terrorism. The report 
     shall--
       (1) present any credible evidence of support by the 
     Government of North Korea for acts of terrorism, terrorists, 
     or terrorist organizations;
       (2) examine what steps the Government of North Korea has 
     taken to fulfill its June 10, 2008, pledge to prevent weapons 
     of mass destruction from falling into the hands of 
     terrorists; and
       (3) assess the effectiveness of re-listing North Korea as a 
     state sponsor of terrorism as a tool to accomplish the 
     objectives of the United States with respect to North Korea, 
     including completely eliminating North Korea's nuclear 
     weapons programs, preventing North Korean proliferation of 
     weapons of mass destruction, and encouraging North Korea to 
     abide by international norms with respect to human rights.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States should--
       (A) vigorously enforce United Nations Security Council 
     Resolutions 1718 (2006) and 1874 (2009) and other sanctions 
     in place with respect to North Korea under United States law;
       (B) urge all member states of the United Nations to fully 
     implement the sanctions imposed by United Nations Security 
     Council Resolutions 1718 and 1874; and
       (C) explore the imposition of additional unilateral and 
     multilateral sanctions against North Korea in furtherance of 
     United States national security;
       (2) the conduct of North Korea constitutes a threat to the 
     northeast Asian region and to international peace and 
     security;
       (3) if the United States determines that the Government of 
     North Korea has provided assistance to terrorists or engaged 
     in state sponsored acts of terrorism, the Secretary of State 
     should immediately list North Korea as a state sponsor of 
     terrorism; and
       (4) if the United States determines that the Government of 
     North Korea has failed to fulfill its June 10, 2008, pledges, 
     the Secretary of State should immediately list North Korea as 
     a state sponsor of terrorism.
       (d) State Sponsor of Terrorism Defined.--For purposes of 
     this section, the term ``state sponsor of terrorism'' means a 
     country that has repeatedly provided support for acts of 
     international terrorism for purposes of--

[[Page S7932]]

       (1) section 6(j) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.));
       (2) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (3) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371).
                                 ______
                                 
  SA 1762. Mrs. McCASKILL (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1390, to 
authorize appropriations for fiscal year 2010 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1083. CONTRACTING PROGRAMS.

       (a) 8(a) Program.--Section 602(a) of the Business 
     Opportunity Development Reform Act of 1988 (15 U.S.C. 637 
     note) is amended--
       (1) by striking ``Section 8(a)(1)(D)'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     section 8(a)(1)(D)''; and
       (2) by adding at the end the following:
       ``(2) Department of defense contracts.--A contract 
     opportunity for award by or on behalf of the Department of 
     Defense under section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)) shall be awarded on the basis of competition 
     restricted to eligible Program Participants that are owned 
     and controlled by economically disadvantaged Indian tribes, 
     as defined pursuant to paragraphs (4) and (13) of section 
     8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and 
     (13)), if--
       ``(A) there is a reasonable expectation that--
       ``(i) at least 2 eligible Program Participants that are 
     owned and controlled by economically disadvantaged Indian 
     tribes will submit offers; and
       ``(ii) the award can be made at a fair market price; and
       ``(B) the anticipated award price of the contract 
     (including options) will exceed--
       ``(i) $5,500,000 in the case of a contract opportunity 
     assigned a standard industrial classification code for 
     manufacturing; and
       ``(ii) $3,500,000 in the case of all other contract 
     opportunities.
       ``(3) Discretion for contracting officers in department of 
     defense contracts.--Notwithstanding paragraph (2), for any 
     contracting opportunity for award by or on behalf of the 
     Department of Defense under section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)), the contracting officer may, 
     in the discretion of the contracting officer, and if the 
     contracting opportunity meets the requirements of such 
     provision, award the contracting opportunity--
       ``(A) on the basis of a competition conducted in accordance 
     with paragraph (2) of this subsection; or
       ``(B) on the basis of a competition conducted in accordance 
     with section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 
     637(a)(1)(D)).
       ``(4) Rules of construction.--
       ``(A) In general.--Nothing in this subsection shall be 
     construed to limit the authority of a department or agency of 
     the United States to award a contract opportunity offered for 
     award that is above the thresholds identified in section 
     8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 
     637(a)(1)(D)(i)(II)) on the basis of competition conducted in 
     accordance with section 8(a)(1)(D) of the Small Business Act 
     (15 U.S.C. 637(a)(1)(D)).
       ``(B) Amount of thresholds.--The amount of the dollar 
     thresholds under paragraph (2)(B) shall be construed to be 
     the same as the thresholds under section 8(a)(1)(D)(i)(II) of 
     the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)), as 
     adjusted in accordance with section 35A of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 431a).''.
       (b) Contracting Bonus.--Section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544) is amended--
       (1) by striking ``Notwithstanding'' and inserting ``(a) 
     Except as provided in subsection (b), and notwithstanding''; 
     and
       (2) by adding at the end the following:
       ``(b) Subsection (a) shall not apply if the subcontractor 
     or supplier, including the Indian organization or Indian-
     owned economic enterprise that owns the subcontractor or 
     supplier, is affiliated with the contractor.''.
                                 ______
                                 
  SA 1763. Mr. CARDIN 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 VII, add the following:

     SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR TROOPS SERVING 
                   IN IRAQ AND AFGHANISTAN.

       (a) Report.--
       (1) In general.--Not later than June 30, 2010, and annually 
     thereafter until June 30, 2015, the Secretary of Defense 
     shall submit to Congress a report on the prescription of 
     antidepressants and drugs to treat anxiety for troops serving 
     in Iraq and Afghanistan.
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) the numbers and percentages of troops that have served 
     or are serving in Iraq and Afghanistan since January 1, 2005, 
     who have been prescribed antidepressants or drugs to treat 
     anxiety, including psychotropic drugs such as Selective 
     Serotonin Reuptake Inhibitors (SSRIs); and
       (B) the policies and patient management practices of the 
     Department of Defense with respect to the prescription of 
     such drugs.
       (b) Department of Defense Study.--
       (1) Study.--The Department of Defense shall contract with 
     an independent entity to conduct a study on the potential 
     relationship between the increased number of suicides and 
     attempted suicides by members of the Armed Forces and the 
     increased number of antidepressants, drugs to treat anxiety, 
     other psychotropics, and other behavior modifying 
     prescription medications being prescribed, including any 
     combination or interactions of such prescriptions. The 
     Department of Defense shall immediately make available to 
     such contracting entity all data necessary to complete the 
     study.
       (2) Report on findings.--Not later than two years after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the findings of the 
     study conducted pursuant to paragraph (1).
                                 ______
                                 
  SA 1764. 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, Mr. Cochran, Mr. Webb, Mr. Enzi, 
Mr. Merkley, Mr. Corker, Mr. Kerry, Mr. Grassley, Mr. Gregg, Mr. 
Whitehouse, Mr. DeMint, Mr. Johanns, Mr. Coburn, Mr. Lugar, Ms. 
Murkowski, Mr. Tester, Mr. Crapo, and Mr. Kaufman) 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 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.

[[Page S7933]]

     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
       ``(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;

[[Page S7934]]

       ``(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) 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).
       ``(e) 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);
       (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) 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.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply with respect to the regularly scheduled general 
     election

[[Page S7935]]

     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.
       ``(b) 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.
       ``(c) 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;

[[Page S7936]]

       ``(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) Definition of military department and secretary 
     concerned.--In this subsection, 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.
       ``(9) 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.

     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. REPORTING REQUIREMENTS.

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

     ``SEC. 105A. REPORTING REQUIREMENTS.

       ``(a) Report on Status of Implementation and Assessment of 
     Programs.--Not later than 180 days after the date of the 
     enactment of the Military and Overseas Voter Empowerment Act, 
     the Presidential designee shall submit to the relevant 
     committees of Congress a report containing the following 
     information:
       ``(1) 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, 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.
       ``(2) An assessment of the effectiveness of the Voting 
     Assistance Officer Program of the Department of Defense, 
     which shall include the following:
       ``(A) A thorough and complete assessment of whether the 
     Program, as configured and implemented as of such date of 
     enactment, is effectively assisting absent uniformed services 
     voters in exercising their right to vote.
       ``(B) An inventory and explanation of any areas of voter 
     assistance in which the Program has failed to accomplish its 
     stated objectives and effectively assist absent uniformed 
     services voters in exercising their right to vote.
       ``(C) As necessary, a detailed plan for the implementation 
     of any new program to replace or supplement voter assistance 
     activities required to be performed under this Act.
       ``(3) A detailed description of the specific steps taken 
     towards the implementation of voter registration assistance 
     for absent uniformed services voters under section 102(j), 
     including the designation of offices under paragraphs (1) and 
     (5) of such section.
       ``(b) Annual Report on Effectiveness of Activities and 
     Utilization of Certain Procedures.--Not later than March 31 
     of each year, the Presidential designee shall transmit to the 
     President and to the relevant committees of Congress a report 
     containing the following information:
       ``(1) An assessment of the effectiveness of activities 
     carried out under section 103B, 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 services 
     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 States and the Federal Government in carrying out 
     such section.
       ``(2) A description of the utilization of voter 
     registration assistance under section 102(j), which shall 
     include the following:
       ``(A) A description of the specific programs implemented by 
     each military department of the Armed Forces pursuant to such 
     section.
       ``(B) The number of absent uniformed services voters who 
     utilized voter registration assistance provided under such 
     section.
       ``(3) In the case of a report submitted under this 
     subsection in the year following a year in which a regularly 
     scheduled general election for Federal office is held, a 
     description of the utilization of the procedures for the 
     collection and delivery of marked absentee ballots 
     established pursuant to section 103A, which shall include 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).
       ``(c) Definitions.--In this section:
       ``(1) Absent overseas uniformed services voter.--The term 
     `absent overseas uniformed services voter' has the meaning 
     given such term in section 103A(d).
       ``(2) Presidential designee.--The term `Presidential 
     designee' means the Presidential designee under section 
     101(a).
       ``(3) Relevant committees of congress defined.--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.''.

     SEC. 594. 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. 595. 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))

[[Page S7937]]

     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. 596. 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) Technical Assistance.--
       (1) In general.--The Election Assistance Commission and the 
     National Institute of Standards and Technology shall work 
     with the Presidential designee to support the pilot program 
     or programs established under this section through best 
     practices or standards and in accordance with electronic 
     absentee voting guidelines established under the first 
     sentence of section 1604(a)(2) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     115 Stat. 1277; 42 U.S.C. 1977ff note), as amended by section 
     567 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
     1919).
       (2) Report.--In the case where the Election Assistance 
     Commission has not established electronic absentee voting 
     guidelines under such section 1604(a)(2), as so amended, by 
     not later than 180 days after enactment of this Act, the 
     Election Assistance Commission shall submit to the relevant 
     committees of Congress a report containing the following 
     information:
       (A) The reasons such guidelines have not been established 
     as of such date.
       (B) A detailed timeline for the establishment of such 
     guidelines.
       (C) A detailed explanation of the Commission's actions in 
     establishing such guidelines since the date of enactment of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1919).
       (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.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 1765. Mr. CHAMBLISS (for himself, Mr. Lieberman, and Mr. Dodd) 
submitted an amendment intended to be proposed by him to the bill S. 
1390, to authorize appropriations for fiscal year 2010 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 125. REPORT ON E-8C JOINT SURVEILLANCE AND TARGET ATTACK 
                   RADAR SYSTEM RE-ENGINING.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on replacing the engines of E-8C Joint Surveillance and 
     Target Attack Radar System (Joint STARS) aircraft. The report 
     shall include the following:
       (1) An assessment of funding alternatives and options for 
     accelerating funding for the fielding of Joint STARS aircraft 
     with replaced engines.
       (2) An analysis of the tradeoffs involved in the decision 
     to replace the engines of Joint STARS aircraft or not to 
     replace those engines, including the potential cost savings 
     from replacing those engines and the operational impacts of 
     not replacing those engines.
       (3) An identification of the optimum path forward for 
     replacing the engines of Joint STARS aircraft and modernizing 
     the Joint STARS fleet.
       (b) Limitation on Certain Actions.--The Secretary of the 
     Air Force may not take any action that would adversely impact 
     the pace of the execution of the program to replace the 
     engines of Joint STARS aircraft before submitting the report 
     required by subsection (a).
                                 ______
                                 
  SA 1766. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 1390, to authorize appropriations for fiscal year 
2010 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

            TITLE __--SERVICEMEMBER FAMILY AND MEDICAL LEAVE

               Subtitle A--General Requirements for Leave

     SEC._11. DEFINITION OF COVERED ACTIVE DUTY.

       (a) Definition.--Section 101 of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2611) is amended--
       (1) by striking paragraph (14) and inserting the following:
       ``(14) Covered active duty.--The term `covered active duty' 
     means--
       ``(A) in the case of a member of a regular component of the 
     Armed Forces, duty during the deployment of the member with 
     the Armed Forces to a foreign country; and
       ``(B) in the case of a member of a reserve component of the 
     Armed Forces, duty during the deployment of the member with 
     the Armed Forces to a foreign country under a call or order 
     to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10, United States Code.''; and
       (2) by striking paragraph (15) and redesignating paragraphs 
     (16) through (19) as paragraphs (15) through (18), 
     respectively.
       (b) Leave.--Section 102 of the Family and Medical Leave Act 
     of 1993 (29 U.S.C. 2612) is amended--
       (1) in subsection (a)(1)(E)--
       (A) by striking ``active duty'' each place it appears and 
     inserting ``covered active duty''; and
       (B) by striking ``in support of a contingency operation''; 
     and
       (2) in subsection (e)(3)--
       (A) in the paragraph heading, by striking ``active duty'' 
     and inserting ``covered active duty'';
       (B) by striking ``active duty'' each place it appears and 
     inserting ``covered active duty''; and
       (C) by striking ``in support of a contingency operation''.

[[Page S7938]]

       (c) Conforming Amendment.--Section 103(f) of the Family and 
     Medical Leave Act of 1993 (29 U.S.C. 2613(f)) is amended, in 
     the subsection heading, by striking ``Active Duty'' each 
     place it appears and inserting ``Covered Active Duty''.

     SEC._12. DEFINITION OF COVERED SERVICEMEMBER.

       Paragraph (15) of section 101 of the Family and Medical 
     Leave Act of 1993 (29 U.S.C. 2611) (as redesignated by 
     section _11) is amended to read as follows:
       ``(15) Covered servicemember.--The term `covered 
     servicemember' means--
       ``(A) a member of the Armed Forces (including a member of 
     the National Guard or Reserves) who is undergoing medical 
     treatment, recuperation, or therapy, is otherwise in 
     outpatient status, or is otherwise on the temporary 
     disability retired list, for a serious injury or illness; or
       ``(B) a veteran who is undergoing medical treatment, 
     recuperation, or therapy, for a serious injury or illness and 
     who was a member of the Armed Forces (including a member of 
     the National Guard or Reserves) at any time during the period 
     of 5 years preceding the date on which the veteran undergoes 
     that medical treatment, recuperation, or therapy.''.

     SEC. _13. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.

       Section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611) is further amended by striking paragraph (18) 
     (as redesignated by section _11) and inserting the following:
       ``(18) Serious injury or illness.--The term `serious injury 
     or illness'--
       ``(A) in the case of a member of the Armed Forces 
     (including a member of the National Guard or Reserves), means 
     an injury or illness that was incurred by the member in line 
     of duty on active duty in the Armed Forces (or existed before 
     the beginning of the member's active duty and was aggravated 
     by service in line of duty on active duty in the Armed 
     Forces) and that may render the member medically unfit to 
     perform the duties of the member's office, grade, rank, or 
     rating; and
       ``(B) in the case of a veteran who was a member of the 
     Armed Forces (including a member of the National Guard or 
     Reserves) at any time during a period described in paragraph 
     (15)(B), means an injury or illness that was incurred by the 
     member in line of duty on active duty in the Armed Forces (or 
     existed before the beginning of the member's active duty and 
     was aggravated by service in line of duty on active duty in 
     the Armed Forces) and that manifested itself before or after 
     the member became a veteran.
       ``(19) Veteran.--The term `veteran' has the meaning given 
     the term in section 101 of title 38, United States Code.''.

     SEC. _14. TECHNICAL AMENDMENT.

       Section 102(e)(2)(A) of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2612(e)(2)(A)) is amended by striking ``or 
     parent'' and inserting ``parent, or next of kin''.

     SEC. _15. REGULATIONS.

       The Secretary of Labor, after consultation with the 
     Secretary of Defense and Secretary of Veterans Affairs, shall 
     prescribe such regulations as are necessary to carry out the 
     amendments made by this title.

             Subtitle B--Leave for Civil Service Employees

     SEC._21. EXIGENCY LEAVE FOR SERVICEMEMBERS ON COVERED ACTIVE 
                   DUTY.

       (a) Definition.--Section 6381(7) of title 5, United States 
     Code, is amended to read as follows:
       ``(7) the term `covered active duty' means--
       ``(A) in the case of a member of a regular component of the 
     Armed Forces, duty during the deployment of the member with 
     the Armed Forces to a foreign country; and
       ``(B) in the case of a member of a reserve component of the 
     Armed Forces, duty during the deployment of the member with 
     the Armed Forces to a foreign country under a call or order 
     to active duty under a provision of law referred to in 
     section 101(a)(13)(B) of title 10, United States Code;''.
       (b) Leave.--Section 6382 of title 5, United States Code, is 
     amended--
       (1) in subsection (a)(1), by adding at the end the 
     following:
       ``(E) Because of any qualifying exigency arising out of the 
     fact that the spouse, or a son, daughter, or parent of the 
     employee is on covered active duty (or has been notified of 
     an impending call or order to covered active duty) in the 
     Armed Forces.'';
       (2) in subsection (b)(1), by inserting after the second 
     sentence the following: ``Subject to subsection (e)(3) and 
     section 6383(f), leave under subsection (a)(1)(E) may be 
     taken intermittently or on a reduced leave schedule.'';
       (3) in subsection (d), by striking ``or (D)'' and inserting 
     ``(D), or (E)''; and
       (4) in subsection (e), by adding at the end the following:
       ``(3) In any case in which the necessity for leave under 
     subsection (a)(1)(E) is foreseeable, whether because the 
     spouse, or a son, daughter, or parent, of the employee is on 
     covered active duty, or because of notification of an 
     impending call or order to covered active duty, the employee 
     shall provide such notice to the employer as is reasonable 
     and practicable.''.
       (c) Certification.--Section 6383(f) of title 5, United 
     States Code, is amended by striking ``section 6382(a)(3)'' 
     and inserting ``paragraph (1)(E) or (3) of section 6382(a)''.

     SEC._22. DEFINITION OF COVERED SERVICEMEMBER.

       Paragraph (8) of section 6381 of title 5, United States 
     Code, is amended to read as follows:
       ``(8) the term `covered servicemember' means--
       ``(A) a member of the Armed Forces (including a member of 
     the National Guard or Reserves) who is undergoing medical 
     treatment, recuperation, or therapy, is otherwise in 
     outpatient status, or is otherwise on the temporary 
     disability retired list, for a serious injury or illness; or
       ``(B) a veteran who is undergoing medical treatment, 
     recuperation, or therapy, for a serious injury or illness and 
     who was a member of the Armed Forces (including a member of 
     the National Guard or Reserves) at any time during the period 
     of 5 years preceding the date on which the veteran undergoes 
     that medical treatment, recuperation, or therapy;''.

     SEC. _23. DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.

       Section 6381 of title 5, United States Code, is further 
     amended--
       (1) in paragraph (10), by striking ``and'' at the end; and
       (2) by striking paragraph (11) and inserting the following:
       ``(11) the term `serious injury or illness'--
       ``(A) in the case of a member of the Armed Forces 
     (including a member of the National Guard or Reserves), means 
     an injury or illness that was incurred by the member in line 
     of duty on active duty in the Armed Forces (or existed before 
     the beginning of the member's active duty and was aggravated 
     by service in line of duty on active duty in the Armed 
     Forces) and that may render the member medically unfit to 
     perform the duties of the member's office, grade, rank, or 
     rating; and
       ``(B) in the case of a veteran who was a member of the 
     Armed Forces (including a member of the National Guard or 
     Reserves) at any time during a period described in paragraph 
     (8)(B), means an injury or illness that was incurred by the 
     member in line of duty on active duty in the Armed Forces (or 
     existed before the beginning of the member's active duty and 
     was aggravated by service in line of duty on active duty in 
     the Armed Forces) and that manifested itself before or after 
     the member became a veteran; and
       ``(12) the term `veteran' has the meaning given the term in 
     section 101 of title 38, United States Code.''.

     SEC. _24. TECHNICAL AMENDMENT.

       Section 6382(e)(2)(A) of title 5, United States Code, is 
     amended by striking ``or parent'' and inserting ``parent, or 
     next of kin''.

     SEC. _25. REGULATIONS.

       The Office of Personnel Management, after consultation with 
     the Secretary of Defense and Secretary of Veterans Affairs, 
     shall prescribe such regulations as are necessary to carry 
     out the amendments made by this title.

                          ____________________