[Congressional Record Volume 156, Number 127 (Tuesday, September 21, 2010)]
[Senate]
[Pages S7282-S7298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4626. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 3454, to authorize appropriations for 
fiscal year 2011 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. __. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER 
                   HEALTH.

       (a) Establishment.--Subtitle B of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l et seq.) is amended by adding at the end the 
     following:

     ``SEC. 3632. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER 
                   HEALTH.

       ``(a) Establishment.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of this section, the President shall 
     establish and appoint an Advisory Board on Toxic Substances 
     and Worker Health (referred to in this section as the 
     `Board').
       ``(2) Consultation on appointments.--In appointing members 
     to the Board under paragraph (1), the President shall consult 
     with organizations with expertise on worker health issues in 
     order to ensure that the membership of the Board reflects a 
     proper balance among perspectives from the scientific, 
     medical, legal, workers, and worker advocate communities.
       ``(3) Chairperson.--The President shall designate a 
     chairperson of the Board from among its members.
       ``(b) Duties.--The Board shall--
       ``(1) provide advice to the President concerning the review 
     and approval of the Department of Labor site exposure matrix;
       ``(2) conduct periodic peer reviews of, and approve, 
     medical guidance for part E claims examiners with respect to 
     the weighing of a claimant's medical evidence;
       ``(3) obtain periodic expert reviews of medical evidentiary 
     requirements for part B claims related to lung diseases;
       ``(4) provide oversight over consulting physicians and 
     reports to ensure quality, objectivity, and consistency of 
     the consultant physicians' work; and
       ``(5) coordinate where applicable exchanges of data and 
     findings with the Advisory Board on Radiation and Worker 
     Health (under section 3624).
       ``(c) Staff and Powers.--
       ``(1) In general.--The President shall appoint a staff to 
     facilitate the work of the Board. The staff of the Board 
     shall be headed by a Director who shall be appointed under 
     subchapter VIII of chapter 33 of title 5, United States Code.
       ``(2) Federal agency personnel.--The President may 
     authorize the detail of employees of Federal agencies to the 
     Board as necessary to enable the Board to carry out its 
     duties under this section. The detail of such personnel may 
     be on a non-reimbursable basis.
       ``(3) Powers.--The Board shall have same powers that the 
     Advisory Board has under section 3624.
       ``(d) Expenses.--The members of the Board, other than full-
     time employees of the United States, while attending meetings 
     of the Board or while otherwise serving at the request of the 
     President, and while serving away from their homes or regular 
     place of business, shall be allowed travel and meal expenses, 
     including per diem in lieu of subsistence (as authorized by 
     section 5703 of title 5, United States Code) for individuals 
     in the Federal Government serving without pay.
       ``(e) Security Clearances.--
       ``(1) Requirement.--The Secretary of Energy shall ensure 
     that the members and staff of the Board, and the contractors 
     performing work in support of the Board, are afforded the 
     opportunity to apply for a security clearance for any matter 
     for which such a clearance is appropriate. The Secretary 
     should, not later than 180 days after receiving a completed 
     application for such a clearance, make a determination 
     whether or not the individual concerned is eligible for the 
     clearance.
       ``(2) Budget justification.--For fiscal year 2011, and each 
     fiscal year thereafter, the Secretary of Energy shall include 
     in the budget justification materials submitted to Congress 
     in support of the Department of Energy budget for that fiscal 
     year (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) a report 
     specifying the number of applications for security clearances 
     under this subsection, the number of such applications 
     granted, and the number of such applications denied.
       ``(f) Information.--The Secretary of Energy shall, in 
     accordance with law, provide to the Board and the contractors 
     of the Board, access to any information that the Board 
     considers relevant to carry out its responsibilities under 
     this section, including information such as restricted data 
     (as defined in section 2014(y)) and information covered by 
     the Privacy Act.''.
       (b) Department of Labor Response to the Office of the 
     Ombudsman Annual Report.--Section 3686 of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7385s-15) is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g), the following:
       ``(h) Response to Report.--Not later than 90 days after the 
     publication of the annual report under subsection (e), the 
     Department of Labor shall submit an answer in writing on 
     whether the Department agrees or disagrees with the specific 
     issues raised by the Ombudsman, if the Department agrees, on 
     the actions to be taken to correct the problems identified by 
     the Ombudsman, and if the Department does not agree, on the 
     reasons therefore. The Department of Labor shall post such 
     answer on the public Internet website of the Department.''.
                                 ______
                                 
  SA 4627. Mrs. MURRAY (for herself, Mr. Brownback, Ms. Cantwell, and 
Mr. Graham) submitted an amendment intended to be proposed by her to 
the bill S. 3454, to authorize appropriations for fiscal year 2011 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 858. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN 
                   EVALUATION OF OFFERS FOR KC-X AERIAL REFUELING 
                   AIRCRAFT PROGRAM.

       (a) Requirement To Consider Unfair Competitive Advantage.--
     In awarding a contract for the KC-X aerial refueling aircraft

[[Page S7283]]

     program (or any successor to that program), the Secretary of 
     Defense shall, in evaluating any offers submitted to the 
     Department of Defense in response to a solicitation for 
     offers for such program, consider any unfair competitive 
     advantage that an offeror may possess.
       (b) Report.--Not later than 60 days after submission of 
     offers in response to any such solicitation, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report on any unfair competitive advantage that any offeror 
     may possess.
       (c) Requirement To Take Findings Into Account in Award of 
     Contract.--In awarding a contract for the KC-X aerial 
     refueling aircraft program (or any successor to that 
     program), the Secretary of Defense shall take into account 
     the findings of the report submitted under subsection (b).
       (d) Unfair Competitive Advantage.--In this section, the 
     term ``unfair competitive advantage'', with respect to an 
     offer for a contract, means a situation in which the cost of 
     development, production, or manufacturing is not fully borne 
     by the offeror for such contract.
                                 ______
                                 
  SA 4628. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 648, between lines 10 and 11, insert the following:

     SEC. 3133. OIL AND GAS PRODUCTION ON DEPARTMENT OF DEFENSE 
                   LAND.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) in the first sentence of subsection (a), by striking 
     ``All money received'' and inserting ``Subject to subsection 
     (d), all money received''; and
       (2) by adding at the end the following:
       ``(d) Certain Sales, Bonuses, and Royalties.--
       ``(1) In general.--The Secretary of the Treasury shall 
     transfer to the Secretary of Defense the amounts received 
     under subsection (a) from oil and gas production carried out 
     on land that is occupied by, or title to which is held by, a 
     military installation.
       ``(2) Use of funds.--Any amount received by the Secretary 
     of Defense under paragraph (1) shall be used to offset costs 
     of military installations for--
       ``(A) administrative operations; and
       ``(B) the maintenance and repair of facilities and 
     infrastructure of military installations.''.
                                 ______
                                 
  SA 4629. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 division A, add the following:

  TITLE XVI--PREVENTION AND RESPONSE TO SEXUAL OFFENSES IN THE ARMED 
                                 FORCES

     SEC. 1601. ENHANCEMENT OF PROCEDURES FOR COMMUNICATIONS BY 
                   MEMBERS OF THE ARMED FORCES REGARDING 
                   ALLEGATIONS OF SEXUAL ASSAULT AND OTHER SEXUAL 
                   OFFENSES.

       (a) Judge Advocates To Be Recipients of Restricted 
     Reporting of Allegations Without Triggering Official 
     Investigative Process.--The officials who are authorized to 
     receive a restricted reporting by a member of the Armed 
     Forces of an allegation of a sexual offense without resulting 
     in the initiation of an official investigative process with 
     respect to the allegation shall include judge advocates.
       (b) Privileged Nature of Communications Between Members and 
     Victim Advocates.--
       (1) In general.--The Secretary of Defense shall modify the 
     Military Rules of Evidence to provide that a member of the 
     Armed Forces who alleges a sexual offense shall have the 
     privilege to refuse to disclose, and to prevent any other 
     person from disclosing, a confidential communication made 
     between the member and a Victim Advocate (VA), in a case 
     arising under chapter 47 of title 10, United States Code (the 
     Uniform Code of Military Justice), or chapter 47A of title 
     10, United States Code (relating to military commissions), if 
     the communication was made for the purpose of facilitating 
     victim advocacy for the member with respect to the 
     allegation. The privilege shall be similar in scope and 
     exceptions, and the privilege shall be administered in a 
     manner similar, to the psychotherapist-patient privilege 
     under Rule 513 of the Military Rules of Evidence.
       (2) Confidential defined.--In this subsection, the term 
     ``confidential'', in the case of a communication, means not 
     intended to be disclosed to third persons other than those to 
     whom disclosure is in furtherance of victim advocacy or those 
     reasonably necessary for the transmission of the 
     communication.
       (c) Other Definitions.--In this section, the terms 
     ``official investigative process'', ``restricted reporting'', 
     and ``unrestricted reporting'' have the meaning given such 
     terms in Department of Defense Directive 6495.01, dated 
     October 6, 2005 (as amended).

     SEC. 1602. PROVISION TO VICTIMS OF RECORDS OF PROCEEDINGS OF 
                   COURT-MARTIAL INVOLVING SEXUAL ASSAULT OR OTHER 
                   SEXUAL OFFENSES.

       (a) Provision on Request.--A member of the Armed Forces who 
     testifies as a victim thereof in a court-martial involving a 
     sexual offense shall, upon request, be provided a copy of the 
     prepared record of proceedings of the court-martial as soon 
     as is practicable after the authentication of such record. 
     The record shall be provided the member without charge to the 
     member.
       (b) Notice of Opportunity To Request Record.--Each member 
     who testifies as a victim in a court-martial described in 
     subsection (a) shall be informed, in writing, of the 
     opportunity to request a record of proceedings of the court-
     martial pursuant to that subsection.

     SEC. 1603. EXPEDITED CONSIDERATION OF APPLICATION FOR 
                   PERMANENT CHANGE OF STATION OR UNIT TRANSFER 
                   FOR VICTIMS OF SEXUAL ASSAULT OR OTHER SEXUAL 
                   OFFENSES.

       (a) In General.--Under such regulations as the Secretary of 
     the military department concerned shall prescribe, such 
     Secretary shall, to the maximum extent practicable, ensure 
     the expedited consideration of an application of a member of 
     the Armed Forces described in subsection (b) for a permanent 
     change or station or unit transfer.
       (b) Covered Members.--A member described in this subsection 
     is a member of the Armed Forces on active duty who is the 
     victim of a sexual offense committed by another member of the 
     Armed Forces.

     SEC. 1604. REQUIREMENTS AND LIMITATIONS REGARDING SEXUAL 
                   ASSAULT RESPONSE COORDINATORS AND VICTIM 
                   ADVOCATES.

       (a) Personnel Discharging SARC Functions.--
       (1) In general.--Each Sexual Assault Response Coordinator 
     (SARC) shall be a member of the Armed Forces on active duty 
     or a full-time civilian employee of the Department of 
     Defense.
       (2) Prohibition on discharge by contractor personnel.--A 
     contractor or employee of a contractor of the Federal 
     Government may not serve or act as, or discharge the 
     functions of, a Sexual Assault Response Coordinator.
       (b) Personnel Discharging VA Functions.--Each Victim 
     Advocate (VA) shall be a member of the Armed Forces on active 
     duty or a full-time civilian employee of the Department of 
     Defense.
       (c) Minimum Number of SARCs and VAs.--Each brigade or 
     similar unit of the Armed Forces shall be assigned the 
     following:
       (1) At least one Sexual Assault Response Coordinator.
       (2) At least one Victim Advocate.
       (d) Training and Certification.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Office for Victims of Crime of the 
     Department of Justice, carry out a program as follows:
       (A) To provide uniform training for all individuals who 
     will serve as Sexual Assault Response Coordinators on matters 
     relating to sexual assault in the Armed Forces.
       (B) To provide uniform training for all individuals who 
     will serve as Victim Advocates on matters relating to sexual 
     assault in the Armed Forces
       (C) To certify individuals who successfully complete 
     training provided pursuant to subparagraph (A) or (B) as 
     qualified for the discharge of the functions of Sexual 
     Assault Response Coordinator or Victim Advocate, as the case 
     may be.
       (2) Commencement of training and certification 
     requirements.--Commencing one year after the date of the 
     enactment of this Act, an individual may not serve as a 
     Sexual Assault Response Coordinator or Victim Advocate unless 
     the individual has undergone training provided under 
     subparagraph (A) or (B), as applicable, of paragraph (1) and 
     been certified under subparagraph (C) of that paragraph.
       (e) Definitions.--In this section, the term ``Sexual 
     Assault Response Coordinator'' and ``Victim Advocate'' have 
     the meaning given such terms in Department of Defense 
     Directive 6495.01, dated October 6, 2005 (as amended).

     SEC. 1605. REQUIREMENTS FOR THE SEXUAL ASSAULT PREVENTION AND 
                   RESPONSE PROGRAM.

       (a) SES Position for Director of SAPRO.--The position of 
     Director of the Sexual Assault Prevention and Response Office 
     (SAPRO) of the Department of Defense shall be a position in 
     the Senior Executive Service (SES).
       (b) Standardization of Program.--The Secretary of Defense 
     shall take appropriate actions to standardize and update 
     programs and activities relating to sexual assault prevention 
     and response across the Armed Forces and the military 
     departments. Such actions shall include the following:
       (1) The establishment of common organizational structures 
     for organizations in the Armed Forces and the military 
     departments responsible for sexual assault prevention and

[[Page S7284]]

     response activities in order to achieve commonality in the 
     structure of such organizations and their discharge of their 
     functions.
       (2) The standardization of terminology on sexual assault 
     prevention and response to be utilized by the organizations 
     described in paragraph (1), the Armed Forces, and the 
     military departments.
       (3) The establishment of position descriptions for 
     positions in the Armed Forces and the military departments 
     charged with sexual assault prevention and response duties, 
     and the specification of the responsibilities of such 
     positions.
       (4) The establishment of minimum standards for programs and 
     activities of the Armed Forces and the military departments 
     relating to sexual assault prevention and response.
       (5) Such other actions as the Secretary considers 
     appropriate.

     SEC. 1606. DATABASE ON SEXUAL ASSAULT INCIDENTS.

       (a) Database Required.--
       (1) In general.--Chapter 80 of title 10, United States 
     Code, is amended by inserting after section 1562 the 
     following new section:

     ``Sec. 1562a. Database on sexual assault incidents

       ``(a) Database Required.--The Secretary of Defense shall 
     maintain a centralized, case-level database for the 
     collection, in a manner consistent with Department of Defense 
     regulations for restricted reporting and maintenance of 
     information regarding sexual assaults involving a member of 
     the armed forces, including information, if available, about 
     the nature of the assault, the victim, the offender, and the 
     outcome of any legal proceedings in connection with the 
     assault.
       ``(b) Availability of Database.--The database required by 
     subsection (a) shall be available to personnel of the Sexual 
     Assault Prevention and Response Office of the Department of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 80 of such title is amended by inserting 
     after the item relating to section 1562 the following new 
     item:

``1562a. Database on sexual assault incidents.''.

       (b) Completion of Implementation.--The Secretary of Defense 
     shall complete implementation of the database required by 
     section 1562a of title 10, United States Code (as added by 
     subsection (a)), not later than one year after the date of 
     the enactment of this Act.

     SEC. 1607. DEDICATED TELEPHONE LINE FOR REPORTING OF SEXUAL 
                   ASSAULT INVOLVING MEMBERS OF THE ARMED FORCES.

       (a) Telephone Line Required.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall establish a toll-free telephone number 
     (commonly referred to as an ``800 number''), staffed by 
     appropriately trained personnel, through which reports may be 
     made of allegations of a sexual offense as follows:
       (1) Allegations by a member of the Armed Forces, regardless 
     of where serving, of being a victim of sexual assault, 
     whether or not committed by another member of the Armed 
     Forces.
       (2) Allegations by any person of being a victim of a sexual 
     offense committed by a member of the Armed Forces.
       (b) Outreach.--The Secretary shall conduct appropriate 
     outreach to inform members of the Armed Forces and the public 
     of the toll-free telephone number required by subsection (a).

     SEC. 1608. SEXUAL ASSAULT PREVENTION AND RESPONSE TRAINING IN 
                   PROFESSIONAL MILITARY EDUCATION.

       The Secretary of Defense shall, in consultation with the 
     Secretaries of the military departments, ensure that training 
     on sexual assault prevention and response is provided to 
     members of the Armed Forces at each level of professional 
     military education (PME) for members of the Armed Forces. 
     Such training shall, to the extent practicable, be uniform 
     across the Armed Forces.

     SEC. 1609. ENHANCED TRAINING FOR JUDGE ADVOCATES ON 
                   INVESTIGATION AND PROSECUTION OF SEXUAL ASSAULT 
                   AND OTHER SEXUAL OFFENSES.

       The Secretary of Defense shall provide appropriate 
     enhancements in the training of judge advocates who serve as 
     trial counsel in order to improve the capabilities of such 
     judge advocates in the investigation and prosecution of cases 
     involving a sexual offense.

     SEC. 1610. DEFINITIONS.

       In this title:
       (1) The term ``sexual assault'' has the meaning given that 
     term in Department of Defense Directive 6495.01, dated 
     October 6, 2005 (as amended).
       (2) The term ``sexual offense'' means an offense under 
     section 920, 920b, or 920c of title 10, United States Code 
     (article 120, 120b, or 120c of the Uniform Code of Military 
     Justice), as amended by section 561 of this Act.
                                 ______
                                 
  SA 4630. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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. 1205. INCLUSION OF ADDITIONAL COMMITTEES OF CONGRESS IN 
                   NOTIFICATION AND REPORTING REQUIREMENTS ON 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 most recently amended by section 1202 of 
     the National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2511), is further amended--
       (1) in subsections (b), (c)(1), and (f), by striking 
     ``congressional defense committees'' and inserting 
     ``committees of Congress specified in subsection (i)''; and
       (2) by adding at the end the following new subsection:
       ``(i) Committees of Congress.--The committees of Congress 
     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 4631. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 209, between lines 5 and 6, insert the following:

     SEC. 594. EXCEPTION TO ONE-YEAR PHYSICAL PRESENCE REQUIREMENT 
                   FOR ADJUSTMENT OF STATUS FOR ALIENS GRANTED 
                   ASYLUM AND EMPLOYED OVERSEAS BY THE FEDERAL 
                   GOVERNMENT.

       (a) Short Title.--This section may be cited as the 
     ``Refugee Opportunity Act''.
       (b) Amendment.--Section 209 of the Immigration and 
     Nationality Act (8 U.S.C. 1159) is amended--
       (1) in subsection (a)(1)(B), by inserting ``(except as 
     provided under subsection (d))'' after ``one year'';
       (2) in subsection (b)(2), by inserting ``(except as 
     provided under subsection (d)),'' after ``asylum''; and
       (3) by adding at the end the following:
       ``(d) An alien who does not meet the 1-year physical 
     presence requirement under subsection (a)(1)(B) or (b)(2), 
     but who otherwise meets the requirements under subsection (a) 
     or (b) for adjustment of status to that of an alien lawfully 
     admitted for permanent residence, may be eligible for such 
     adjustment of status if the alien--
       ``(1)(A) is or was employed by the United States Government 
     or a contractor of the United States Government outside of 
     the United States and performing work on behalf of the United 
     States Government for the entire period of absence, which may 
     not exceed 1 year; or
       ``(B)(i) is or was employed by the United States Government 
     or a contractor of the United States Government in the 
     alien's country of nationality or last habitual residence for 
     the entire period of absence, which may not exceed 1 year; 
     and
       ``(ii) was under the protection of the United States 
     Government or a contractor while performing work on behalf of 
     the United States Government during the entire period of such 
     employment; and
       ``(2) returned immediately to the United States upon the 
     conclusion of such employment.''.
       (c) Determination of Budgetary Effects.--The budgetary 
     effects of this Act, for the purpose of complying with the 
     Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
     reference to the latest statement titled ``Budgetary Effects 
     of PAYGO Legislation'' for this Act, submitted for printing 
     in the Congressional Record by the Chairman of the Senate 
     Budget Committee, provided that such statement has been 
     submitted prior to the vote on passage.
                                 ______
                                 
  SA 4632. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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, add the following:

                        DIVISION E--DATA PRIVACY

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Personal Data Privacy 
     and Security Act of 2010''.

     SEC. 5002. FINDINGS.

       Congress finds that--
       (1) databases of personally identifiable information are 
     increasingly prime targets of hackers, identity thieves, 
     rogue employees, and other criminals, including organized and 
     sophisticated criminal operations;

[[Page S7285]]

       (2) identity theft is a serious threat to the Nation's 
     economic stability, homeland security, the development of e-
     commerce, and the privacy rights of Americans;
       (3) over 9,300,000 individuals were victims of identity 
     theft in America last year;
       (4) security breaches are a serious threat to consumer 
     confidence, homeland security, e-commerce, and economic 
     stability;
       (5) it is important for business entities that own, use, or 
     license personally identifiable information to adopt 
     reasonable procedures to ensure the security, privacy, and 
     confidentiality of that personally identifiable information;
       (6) individuals whose personal information has been 
     compromised or who have been victims of identity theft should 
     receive the necessary information and assistance to mitigate 
     their damages and to restore the integrity of their personal 
     information and identities;
       (7) data brokers have assumed a significant role in 
     providing identification, authentication, and screening 
     services, and related data collection and analyses for 
     commercial, nonprofit, and government operations;
       (8) data misuse and use of inaccurate data have the 
     potential to cause serious or irreparable harm to an 
     individual's livelihood, privacy, and liberty and undermine 
     efficient and effective business and government operations;
       (9) there is a need to ensure that data brokers conduct 
     their operations in a manner that prioritizes fairness, 
     transparency, accuracy, and respect for the privacy of 
     consumers;
       (10) government access to commercial data can potentially 
     improve safety, law enforcement, and national security; and
       (11) because government use of commercial data containing 
     personal information potentially affects individual privacy, 
     and law enforcement and national security operations, there 
     is a need for Congress to exercise oversight over government 
     use of commercial data.

     SEC. 5003. DEFINITIONS.

       In this division, the following definitions shall apply:
       (1) Agency.--The term ``agency'' has the same meaning given 
     such term in section 551 of title 5, United States Code.
       (2) Affiliate.--The term ``affiliate'' means persons 
     related by common ownership or by corporate control.
       (3) Business entity.--The term ``business entity'' means 
     any organization, corporation, trust, partnership, sole 
     proprietorship, unincorporated association, or venture 
     established to make a profit, or nonprofit.
       (4) Identity theft.--The term ``identity theft'' means a 
     violation of section 1028(a)(7) of title 18, United States 
     Code.
       (5) Data broker.--The term ``data broker'' means a business 
     entity which for monetary fees or dues regularly engages in 
     the practice of collecting, transmitting, or providing access 
     to sensitive personally identifiable information on more than 
     5,000 individuals who are not the customers or employees of 
     that business entity or affiliate primarily for the purposes 
     of providing such information to nonaffiliated third parties 
     on an interstate basis.
       (6) Data furnisher.--The term ``data furnisher'' means any 
     agency, organization, corporation, trust, partnership, sole 
     proprietorship, unincorporated association, or nonprofit that 
     serves as a source of information for a data broker.
       (7) Encryption.--The term ``encryption''--
       (A) means the protection of data in electronic form, in 
     storage or in transit, using an encryption technology that 
     has been adopted by a widely accepted standards setting body 
     or, has been widely accepted as an effective industry 
     practice which renders such data indecipherable in the 
     absence of associated cryptographic keys necessary to enable 
     decryption of such data; and
       (B) includes appropriate management and safeguards of such 
     cryptographic keys so as to protect the integrity of the 
     encryption.
       (8) Personal electronic record.--
       (A) In general.--The term ``personal electronic record'' 
     means data associated with an individual contained in a 
     database, networked or integrated databases, or other data 
     system that is provided by a data broker to nonaffiliated 
     third parties and includes personally identifiable 
     information about that individual.
       (B) Exclusions.--The term ``personal electronic record'' 
     does not include--
       (i) any data related to an individual's past purchases of 
     consumer goods; or
       (ii) any proprietary assessment or evaluation of an 
     individual or any proprietary assessment or evaluation of 
     information about an individual.
       (9) Personally identifiable information.--The term 
     ``personally identifiable information'' means any 
     information, or compilation of information, in electronic or 
     digital form that is a means of identification, as defined by 
     section 1028(d)(7) of title 18, United State Code.
       (10) Public record source.--The term ``public record 
     source'' means the Congress, any agency, any State or local 
     government agency, the government of the District of Columbia 
     and governments of the territories or possessions of the 
     United States, and Federal, State or local courts, courts 
     martial and military commissions, that maintain personally 
     identifiable information in records available to the public.
       (11) Security breach.--
       (A) In general.--The term ``security breach'' means 
     compromise of the security, confidentiality, or integrity of 
     computerized data through misrepresentation or actions--
       (i) that result in, or that there is a reasonable basis to 
     conclude has resulted in--

       (I) the unauthorized acquisition of sensitive personally 
     identifiable information; and
       (II) access to sensitive personally identifiable 
     information that is for an unauthorized purpose, or in excess 
     of authorization; and

       (ii) which present a significant risk of harm or fraud to 
     any individual.
       (B) Exclusion.--The term ``security breach'' does not 
     include--
       (i) a good faith acquisition of sensitive personally 
     identifiable information by a business entity or agency, or 
     an employee or agent of a business entity or agency, if the 
     sensitive personally identifiable information is not subject 
     to further unauthorized disclosure;
       (ii) the release of a public record not otherwise subject 
     to confidentiality or nondisclosure requirements; or
       (iii) any lawfully authorized investigative, protective, or 
     intelligence activity of a law enforcement or intelligence 
     agency of the United States.
       (12) Sensitive personally identifiable information.--The 
     term ``sensitive personally identifiable information'' means 
     any information or compilation of information, in electronic 
     or digital form that includes--
       (A) an individual's first and last name or first initial 
     and last name in combination with any 1 of the following data 
     elements:
       (i) A nontruncated social security number, driver's license 
     number, passport number, or alien registration number.
       (ii) Any 2 of the following:

       (I) Home address or telephone number.
       (II) Mother's maiden name.
       (III) Month, day, and year of birth.

       (iii) Unique biometric data such as a finger print, voice 
     print, a retina or iris image, or any other unique physical 
     representation.
       (iv) A unique account identifier, electronic identification 
     number, user name, or routing code in combination with any 
     associated security code, access code, or password if the 
     code or password is required for an individual to obtain 
     money, goods, services, or any other thing of value; or
       (B) a financial account number or credit or debit card 
     number in combination with any security code, access code, or 
     password that is required for an individual to obtain credit, 
     withdraw funds, or engage in a financial transaction.

 TITLE I--ENHANCING PUNISHMENT FOR IDENTITY THEFT AND OTHER VIOLATIONS 
                      OF DATA PRIVACY AND SECURITY

     SEC. 5101. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH 
                   UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFIABLE 
                   INFORMATION.

       Section 1961(1) of title 18, United States Code, is amended 
     by inserting ``section 1030 (relating to fraud and related 
     activity in connection with computers) if the act is a 
     felony,'' before ``section 1084''.

     SEC. 5102. CONCEALMENT OF SECURITY BREACHES INVOLVING 
                   SENSITIVE PERSONALLY IDENTIFIABLE INFORMATION.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Concealment of security breaches involving 
       sensitive personally identifiable information

       ``(a) Whoever, having knowledge of a security breach and 
     having the obligation to provide notice of such breach to 
     individuals under title III of the Personal Data Privacy and 
     Security Act of 2010, and having not otherwise qualified for 
     an exemption from providing notice under section 312 of such 
     Act, intentionally and willfully conceals the fact of such 
     security breach and which breach causes economic damage to 1 
     or more persons, shall be fined under this title or 
     imprisoned not more than 5 years, or both.
       ``(b) For purposes of subsection (a), the term `person' has 
     the same meaning as in section 1030(e)(12) of title 18, 
     United States Code.
       ``(c) Any person seeking an exemption under section 312(b) 
     of the Personal Data Privacy and Security Act of 2010 shall 
     be immune from prosecution under this section if the United 
     States Secret Service does not indicate, in writing, that 
     such notice be given under section 312(b)(3) of such Act.''.
       (b) Conforming and Technical Amendments.--The table of 
     sections for chapter 47 of title 18, United States Code, is 
     amended by adding at the end the following:

``1041. Concealment of security breaches involving personally 
              identifiable information.''.

       (c) Enforcement Authority.--
       (1) In general.--The United States Secret Service shall 
     have the authority to investigate offenses under this 
     section.
       (2) Nonexclusivity.--The authority granted in paragraph (1) 
     shall not be exclusive of any existing authority held by any 
     other Federal agency.

     SEC. 5103. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN 
                   CONNECTION WITH COMPUTERS.

       Section 1030(c) of title 18, United States Code, is 
     amended--
       (1) by inserting ``or conspiracy'' after ``or an attempt'' 
     each place it appears, except for paragraph (4);
       (2) in paragraph (2)(B)--
       (A) in clause (i), by inserting ``, or attempt or 
     conspiracy or conspiracy to commit an offense,'' after ``the 
     offense'';

[[Page S7286]]

       (B) in clause (ii), by inserting ``, or attempt or 
     conspiracy or conspiracy to commit an offense,'' after ``the 
     offense''; and
       (C) in clause (iii), by inserting ``(or, in the case of an 
     attempted offense, would, if completed, have obtained)'' 
     after ``information obtained''; and
       (3) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by striking clause (ii);
       (ii) by striking ``in the case of--'' and all that follows 
     through ``an offense under subsection (a)(5)(B)'' and 
     inserting ``in the case of an offense, or an attempt or 
     conspiracy to commit an offense, under subsection 
     (a)(5)(B)'';
       (iii) by inserting ``or conspiracy'' after ``if the 
     offense'';
       (iv) by redesignating subclauses (I) through (VI) as 
     clauses (i) through (vi), respectively, and adjusting the 
     margin accordingly; and
       (v) in clause (vi), as so redesignated, by striking ``; 
     or'' and inserting a semicolon;
       (B) in subparagraph (B)--
       (i) by striking clause (ii);
       (ii) by striking ``in the case of--'' and all that follows 
     through ``an offense under subsection (a)(5)(A)'' and 
     inserting ``in the case of an offense, or an attempt or 
     conspiracy to commit an offense, under subsection 
     (a)(5)(A)'';
       (iii) by inserting ``or conspiracy'' after ``if the 
     offense''; and
       (iv) by striking ``; or'' and inserting a semicolon;
       (C) in subparagraph (C)--
       (i) by striking clause (ii);
       (ii) by striking ``in the case of--'' and all that follows 
     through ``an offense or an attempt to commit an offense'' and 
     inserting ``in the case of an offense, or an attempt or 
     conspiracy to commit an offense,''; and
       (iii) by striking ``; or'' and inserting a semicolon;
       (D) in subparagraph (D)--
       (i) by striking clause (ii);
       (ii) by striking ``in the case of--'' and all that follows 
     through ``an offense or an attempt to commit an offense'' and 
     inserting ``in the case of an offense, or an attempt or 
     conspiracy to commit an offense,''; and
       (iii) by striking ``; or'' and inserting a semicolon;
       (E) in subparagraph (E), by inserting ``or conspires'' 
     after ``offender attempts'';
       (F) in subparagraph (F), by inserting ``or conspires'' 
     after ``offender attempts''; and
       (G) in subparagraph (G)(ii), by inserting ``or conspiracy'' 
     after ``an attempt''.

     SEC. 5104. EFFECTS OF IDENTITY THEFT ON BANKRUPTCY 
                   PROCEEDINGS.

       (a) Definitions.--Section 101 of title 11, United States 
     Code, is amended--
       (1) by redesignating paragraph (27B) as paragraph (27D); 
     and
       (2) by inserting after paragraph (27A) the following:
       ``(27) The term `identity theft' means a fraud committed or 
     attempted using the personally identifiable information of 
     another person.
       ``(28) The term `identity theft victim' means a debtor who, 
     as a result of an identify theft in any consecutive 12-month 
     period during the 3-year period before the date on which a 
     petition is filed under this title, had claims asserted 
     against such debtor in excess of the least of--
       ``(A) $20,000;
       ``(B) 50 percent of all claims asserted against such 
     debtor; or
       ``(C) 25 percent of the debtor's gross income for such 12-
     month period.''.
       (b) Prohibition.--Section 707(b) of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(8) No judge, United States trustee (or bankruptcy 
     administrator, if any), trustee, or other party in interest 
     may file a motion under paragraph (2) if the debtor is an 
     identity theft victim.''.

                         TITLE II--DATA BROKERS

     SEC. 5201. TRANSPARENCY AND ACCURACY OF DATA COLLECTION.

       (a) In General.--Data brokers engaging in interstate 
     commerce are subject to the requirements of this title for 
     any product or service offered to third parties that allows 
     access or use of personally identifiable information.
       (b) Limitation.--Notwithstanding any other provision of 
     this title, this title shall not apply to--
       (1) any product or service offered by a data broker 
     engaging in interstate commerce where such product or service 
     is currently subject to, and in compliance with, access and 
     accuracy protections similar to those under subsections (c) 
     through (e) of this section under the Fair Credit Reporting 
     Act (Public Law 91-508);
       (2) any data broker that is subject to regulation under the 
     Gramm-Leach-Bliley Act (Public Law 106-102);
       (3) any data broker currently subject to and in compliance 
     with the data security requirements for such entities under 
     the Health Insurance Portability and Accountability Act 
     (Public Law 104-191), and its implementing regulations;
       (4) any data broker subject to, and in compliance with, the 
     privacy and data security requirements under sections 13401 
     and 13404 of division A of the American Reinvestment and 
     Recovery Act of 2009 (42 U.S.C. 17931 and 17934) and 
     implementing regulations promulgated under such sections;
       (5) information in a personal electronic record that--
       (A) the data broker has identified as inaccurate, but 
     maintains for the purpose of aiding the data broker in 
     preventing inaccurate information from entering an 
     individual's personal electronic record; and
       (B) is not maintained primarily for the purpose of 
     transmitting or otherwise providing that information, or 
     assessments based on that information, to nonaffiliated third 
     parties;
       (6) information concerning proprietary methodologies, 
     techniques, scores, or algorithms relating to fraud 
     prevention not normally provided to third parties in the 
     ordinary course of business; and
       (7) information that is used for legitimate governmental or 
     fraud prevention purposes that would be compromised by 
     disclosure to the individual.
       (c) Disclosures to Individuals.--
       (1) In general.--A data broker shall, upon the request of 
     an individual, disclose to such individual for a reasonable 
     fee all personal electronic records pertaining to that 
     individual maintained or accessed by the data broker 
     specifically for disclosure to third parties that request 
     information on that individual in the ordinary course of 
     business in the databases or systems of the data broker at 
     the time of such request.
       (2) Information on how to correct inaccuracies.--The 
     disclosures required under paragraph (1) shall also include 
     guidance to individuals on procedures for correcting 
     inaccuracies.
       (d) Disclosure to Individuals of Adverse Actions Taken by 
     Third Parties.--
       (1) In general.--If a person takes any adverse action with 
     respect to any individual that is based, in whole or in part, 
     on any information contained in a personal electronic record, 
     the person, at no cost to the affected individual, shall 
     provide--
       (A) written or electronic notice of the adverse action to 
     the individual;
       (B) to the individual, in writing or electronically, the 
     name, address, and telephone number of the data broker 
     (including a toll-free telephone number established by the 
     data broker, if the data broker complies and maintains data 
     on individuals on a nationwide basis) that furnished the 
     information to the person;
       (C) a copy of the information such person obtained from the 
     data broker; and
       (D) information to the individual on the procedures for 
     correcting any inaccuracies in such information.
       (2) Accepted methods of notice.--A person shall be in 
     compliance with the notice requirements under paragraph (1) 
     if such person provides written or electronic notice in the 
     same manner and using the same methods as are required under 
     section 5313(1) of this Act.
       (e) Accuracy Resolution Process.--
       (1) Information from a public record or licensor.--
       (A) In general.--If an individual notifies a data broker of 
     a dispute as to the completeness or accuracy of information 
     disclosed to such individual under subsection (c) that is 
     obtained from a public record source or a license agreement, 
     such data broker shall determine within 30 days whether the 
     information in its system accurately and completely records 
     the information available from the licensor or public record 
     source.
       (B) Data broker actions.--If a data broker determines under 
     subparagraph (A) that the information in its systems does not 
     accurately and completely record the information available 
     from a public record source or licensor, the data broker 
     shall--
       (i) correct any inaccuracies or incompleteness, and provide 
     to such individual written notice of such changes; and
       (ii) provide such individual with the contact information 
     of the public record or licensor.
       (2) Information not from a public record source or 
     licensor.--If an individual notifies a data broker of a 
     dispute as to the completeness or accuracy of information not 
     from a public record or licensor that was disclosed to the 
     individual under subsection (c), the data broker shall, 
     within 30 days of receiving notice of such dispute--
       (A) review and consider free of charge any information 
     submitted by such individual that is relevant to the 
     completeness or accuracy of the disputed information; and
       (B) correct any information found to be incomplete or 
     inaccurate and provide notice to such individual of whether 
     and what information was corrected, if any.
       (3) Extension of review period.--The 30-day period 
     described in paragraph (1) may be extended for not more than 
     30 additional days if a data broker receives information from 
     the individual during the initial 30-day period that is 
     relevant to the completeness or accuracy of any disputed 
     information.
       (4) Notice identifying the data furnisher.--If the 
     completeness or accuracy of any information not from a public 
     record source or licensor that was disclosed to an individual 
     under subsection (c) is disputed by such individual, the data 
     broker shall provide, upon the request of such individual, 
     the contact information of any data furnisher that provided 
     the disputed information.
       (5) Determination that dispute is frivolous or 
     irrelevant.--
       (A) In general.--Notwithstanding paragraphs (1) through 
     (3), a data broker may decline to investigate or terminate a 
     review of information disputed by an individual under those 
     paragraphs if the data broker reasonably determines that the 
     dispute by the individual is frivolous or intended to 
     perpetrate fraud.

[[Page S7287]]

       (B) Notice.--A data broker shall notify an individual of a 
     determination under subparagraph (A) within a reasonable time 
     by any means available to such data broker.

     SEC. 5202. ENFORCEMENT.

       (a) Civil Penalties.--
       (1) Penalties.--Any data broker that violates the 
     provisions of section 5201 shall be subject to civil 
     penalties of not more than $1,000 per violation per day while 
     such violations persist, up to a maximum of $250,000 per 
     violation.
       (2) Intentional or willful violation.--A data broker that 
     intentionally or willfully violates the provisions of section 
     5201 shall be subject to additional penalties in the amount 
     of $1,000 per violation per day, to a maximum of an 
     additional $250,000 per violation, while such violations 
     persist.
       (3) Equitable relief.--A data broker engaged in interstate 
     commerce that violates this section may be enjoined from 
     further violations by a court of competent jurisdiction.
       (4) Other rights and remedies.--The rights and remedies 
     available under this subsection are cumulative and shall not 
     affect any other rights and remedies available under law.
       (b) Federal Trade Commission Authority.--Any data broker 
     shall have the provisions of this title enforced against it 
     by the Federal Trade Commission.
       (c) State Enforcement.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State or any State or local law enforcement 
     agency authorized by the State attorney general or by State 
     statute to prosecute violations of consumer protection law, 
     has reason to believe that an interest of the residents of 
     that State has been or is threatened or adversely affected by 
     the acts or practices of a data broker that violate this 
     title, the State may bring a civil action on behalf of the 
     residents of that State in a district court of the United 
     States of appropriate jurisdiction, or any other court of 
     competent jurisdiction, to--
       (A) enjoin that act or practice;
       (B) enforce compliance with this title; or
       (C) obtain civil penalties of not more than $1,000 per 
     violation per day while such violations persist, up to a 
     maximum of $250,000 per violation.
       (2) Notice.--
       (A) In general.--Before filing an action under this 
     subsection, the attorney general of the State involved shall 
     provide to the Federal Trade Commission--
       (i) a written notice of that action; and
       (ii) a copy of the complaint for that action.
       (B) Exception.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this subsection, if the attorney general of a 
     State determines that it is not feasible to provide the 
     notice described in subparagraph (A) before the filing of the 
     action.
       (C) Notification when practicable.--In an action described 
     under subparagraph (B), the attorney general of a State shall 
     provide the written notice and the copy of the complaint to 
     the Federal Trade Commission as soon after the filing of the 
     complaint as practicable.
       (3) Federal trade commission authority.--Upon receiving 
     notice under paragraph (2), the Federal Trade Commission 
     shall have the right to--
       (A) move to stay the action, pending the final disposition 
     of a pending Federal proceeding or action as described in 
     paragraph (4);
       (B) intervene in an action brought under paragraph (1); and
       (C) file petitions for appeal.
       (4) Pending proceedings.--If the Federal Trade Commission 
     has instituted a proceeding or civil action for a violation 
     of this title, no attorney general of a State may, during the 
     pendency of such proceeding or civil action, bring an action 
     under this subsection against any defendant named in such 
     civil action for any violation that is alleged in that civil 
     action.
       (5) Rule of construction.--For purposes of bringing any 
     civil action under paragraph (1), nothing in this title shall 
     be construed to prevent an attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of that State to--
       (A) conduct investigations;
       (B) administer oaths and affirmations; or
       (C) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (6) Venue; service of process.--
       (A) Venue.--Any action brought under this subsection may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       (B) Service of process.--In an action brought under this 
     subsection, process may be served in any district in which 
     the defendant--
       (i) is an inhabitant; or
       (ii) may be found.
       (d) No Private Cause of Action.--Nothing in this title 
     establishes a private cause of action against a data broker 
     for violation of any provision of this title.

     SEC. 5203. RELATION TO STATE LAWS.

       No requirement or prohibition may be imposed under the laws 
     of any State with respect to any subject matter regulated 
     under section 5201, relating to individual access to, and 
     correction of, personal electronic records held by data 
     brokers.

     SEC. 5204. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of 
     enactment of this Act.

 TITLE III--PRIVACY AND SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION

            Subtitle A--A Data Privacy and Security Program

     SEC. 5301. PURPOSE AND APPLICABILITY OF DATA PRIVACY AND 
                   SECURITY PROGRAM.

       (a) Purpose.--The purpose of this subtitle is to ensure 
     standards for developing and implementing administrative, 
     technical, and physical safeguards to protect the security of 
     sensitive personally identifiable information.
       (b) In General.--A business entity engaging in interstate 
     commerce that involves collecting, accessing, transmitting, 
     using, storing, or disposing of sensitive personally 
     identifiable information in electronic or digital form on 
     10,000 or more United States persons is subject to the 
     requirements for a data privacy and security program under 
     section 5302 for protecting sensitive personally identifiable 
     information.
       (c) Limitations.--Notwithstanding any other obligation 
     under this subtitle, this subtitle does not apply to:
       (1) Financial institutions.--Financial institutions--
       (A) subject to the data security requirements and 
     implementing regulations under the Gramm-Leach-Bliley Act (15 
     U.S.C. 6801 et seq.); and
       (B) subject to--
       (i) examinations for compliance with the requirements of 
     this division by a Federal Functional Regulator or State 
     Insurance Authority (as those terms are defined in section 
     509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)); or
       (ii) compliance with part 314 of title 16, Code of Federal 
     Regulations.
       (2) HIPPA regulated entities.--
       (A) Covered entities.--Covered entities subject to the 
     Health Insurance Portability and Accountability Act of 1996 
     (42 U.S.C. 1301 et seq.), including the data security 
     requirements and implementing regulations of that Act.
       (B) Business entities.--A Business entity shall be deemed 
     in compliance with this Act if the business entity--
       (i) is acting as a business associate, as that term is 
     defined under the Health Insurance Portability and 
     Accountability Act of 1996 (42 U.S.C. 1301 et seq.) and is in 
     compliance with the requirements imposed under that Act and 
     implementing regulations promulgated under that Act; and
       (ii) is subject to, and currently in compliance, with the 
     privacy and data security requirements under sections 13401 
     and 13404 of division A of the American Reinvestment and 
     Recovery Act of 2009 (42 U.S.C. 17931 and 17934) and 
     implementing regulations promulgated under such sections.
       (3) Public records.--Public records not otherwise subject 
     to a confidentiality or nondisclosure requirement, or 
     information obtained from a news report or periodical.
       (d) Safe Harbors.--
       (1) In general.--A business entity shall be deemed in 
     compliance with the privacy and security program requirements 
     under section 5302 if the business entity complies with or 
     provides protection equal to industry standards or widely 
     accepted as an effective industry practice, as identified by 
     the Federal Trade Commission, that are applicable to the type 
     of sensitive personally identifiable information involved in 
     the ordinary course of business of such business entity.
       (2) Limitation.--Nothing in this subsection shall be 
     construed to permit, and nothing does permit, the Federal 
     Trade Commission to issue regulations requiring, or according 
     greater legal status to, the implementation of or application 
     of a specific technology or technological specifications for 
     meeting the requirements of this title.

     SEC. 5302. REQUIREMENTS FOR A PERSONAL DATA PRIVACY AND 
                   SECURITY PROGRAM.

       (a) Personal Data Privacy and Security Program.--A business 
     entity subject to this subtitle shall comply with the 
     following safeguards and any other administrative, technical, 
     or physical safeguards identified by the Federal Trade 
     Commission in a rulemaking process pursuant to section 553 of 
     title 5, United States Code, for the protection of sensitive 
     personally identifiable information:
       (1) Scope.--A business entity shall implement a 
     comprehensive personal data privacy and security program that 
     includes administrative, technical, and physical safeguards 
     appropriate to the size and complexity of the business entity 
     and the nature and scope of its activities.
       (2) Design.--The personal data privacy and security program 
     shall be designed to--
       (A) ensure the privacy, security, and confidentiality of 
     sensitive personally identifying information;
       (B) protect against any anticipated vulnerabilities to the 
     privacy, security, or integrity of sensitive personally 
     identifying information; and
       (C) protect against unauthorized access to use of sensitive 
     personally identifying information that could create a 
     significant risk of harm or fraud to any individual.
       (3) Risk assessment.--A business entity shall--
       (A) identify reasonably foreseeable internal and external 
     vulnerabilities that could result in unauthorized access, 
     disclosure, use, or alteration of sensitive personally

[[Page S7288]]

     identifiable information or systems containing sensitive 
     personally identifiable information;
       (B) assess the likelihood of and potential damage from 
     unauthorized access, disclosure, use, or alteration of 
     sensitive personally identifiable information;
       (C) assess the sufficiency of its policies, technologies, 
     and safeguards in place to control and minimize risks from 
     unauthorized access, disclosure, use, or alteration of 
     sensitive personally identifiable information; and
       (D) assess the vulnerability of sensitive personally 
     identifiable information during destruction and disposal of 
     such information, including through the disposal or 
     retirement of hardware.
       (4) Risk management and control.--Each business entity 
     shall--
       (A) design its personal data privacy and security program 
     to control the risks identified under paragraph (3); and
       (B) adopt measures commensurate with the sensitivity of the 
     data as well as the size, complexity, and scope of the 
     activities of the business entity that--
       (i) control access to systems and facilities containing 
     sensitive personally identifiable information, including 
     controls to authenticate and permit access only to authorized 
     individuals;
       (ii) detect, record, and preserve information relevant to 
     actual and attempted fraudulent, unlawful, or unauthorized 
     access, disclosure, use, or alteration of sensitive 
     personally identifiable information, including by employees 
     and other individuals otherwise authorized to have access;
       (iii) protect sensitive personally identifiable information 
     during use, transmission, storage, and disposal by 
     encryption, redaction, or access controls that are widely 
     accepted as an effective industry practice or industry 
     standard, or other reasonable means (including as directed 
     for disposal of records under section 628 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681w) and the implementing 
     regulations of such Act as set forth in section 682 of title 
     16, Code of Federal Regulations);
       (iv) ensure that sensitive personally identifiable 
     information is properly destroyed and disposed of, including 
     during the destruction of computers, diskettes, and other 
     electronic media that contain sensitive personally 
     identifiable information;
       (v) trace access to records containing sensitive personally 
     identifiable information so that the business entity can 
     determine who accessed or acquired such sensitive personally 
     identifiable information pertaining to specific individuals; 
     and
       (vi) ensure that no third party or customer of the business 
     entity is authorized to access or acquire sensitive 
     personally identifiable information without the business 
     entity first performing sufficient due diligence to 
     ascertain, with reasonable certainty, that such information 
     is being sought for a valid legal purpose.
       (b) Training.--Each business entity subject to this 
     subtitle shall take steps to ensure employee training and 
     supervision for implementation of the data security program 
     of the business entity.
       (c) Vulnerability Testing.--
       (1) In general.--Each business entity subject to this 
     subtitle shall take steps to ensure regular testing of key 
     controls, systems, and procedures of the personal data 
     privacy and security program to detect, prevent, and respond 
     to attacks or intrusions, or other system failures.
       (2) Frequency.--The frequency and nature of the tests 
     required under paragraph (1) shall be determined by the risk 
     assessment of the business entity under subsection (a)(3).
       (d) Relationship to Service Providers.--In the event a 
     business entity subject to this subtitle engages service 
     providers not subject to this subtitle, such business entity 
     shall--
       (1) exercise appropriate due diligence in selecting those 
     service providers for responsibilities related to sensitive 
     personally identifiable information, and take reasonable 
     steps to select and retain service providers that are capable 
     of maintaining appropriate safeguards for the security, 
     privacy, and integrity of the sensitive personally 
     identifiable information at issue; and
       (2) require those service providers by contract to 
     implement and maintain appropriate measures designed to meet 
     the objectives and requirements governing entities subject to 
     section 5302, this section, and subtitle B.
       (e) Periodic Assessment and Personal Data Privacy and 
     Security Modernization.--Each business entity subject to this 
     subtitle shall on a regular basis monitor, evaluate, and 
     adjust, as appropriate its data privacy and security program 
     in light of any relevant changes in--
       (1) technology;
       (2) the sensitivity of personally identifiable information;
       (3) internal or external threats to personally identifiable 
     information; and
       (4) the changing business arrangements of the business 
     entity, such as--
       (A) mergers and acquisitions;
       (B) alliances and joint ventures;
       (C) outsourcing arrangements;
       (D) bankruptcy; and
       (E) changes to sensitive personally identifiable 
     information systems.
       (f) Implementation Timeline.--Not later than 1 year after 
     the date of enactment of this Act, a business entity subject 
     to the provisions of this subtitle shall implement a data 
     privacy and security program pursuant to this subtitle.

     SEC. 5303. ENFORCEMENT.

       (a) Civil Penalties.--
       (1) In general.--Any business entity that violates the 
     provisions of sections 5301 or 5302 shall be subject to civil 
     penalties of not more than $5,000 per violation per day while 
     such a violation exists, with a maximum of $500,000 per 
     violation.
       (2) Intentional or willful violation.--A business entity 
     that intentionally or willfully violates the provisions of 
     sections 5301 or 5302 shall be subject to additional 
     penalties in the amount of $5,000 per violation per day while 
     such a violation exists, with a maximum of an additional 
     $500,000 per violation.
       (3) Equitable relief.--A business entity engaged in 
     interstate commerce that violates this section may be 
     enjoined from further violations by a court of competent 
     jurisdiction.
       (4) Other rights and remedies.--The rights and remedies 
     available under this section are cumulative and shall not 
     affect any other rights and remedies available under law.
       (b) Federal Trade Commission Authority.--Any business 
     entity shall have the provisions of this subtitle enforced 
     against it by the Federal Trade Commission.
       (c) State Enforcement.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State or any State or local law enforcement 
     agency authorized by the State attorney general or by State 
     statute to prosecute violations of consumer protection law, 
     has reason to believe that an interest of the residents of 
     that State has been or is threatened or adversely affected by 
     the acts or practices of a business entity that violate this 
     subtitle, the State may bring a civil action on behalf of the 
     residents of that State in a district court of the United 
     States of appropriate jurisdiction, or any other court of 
     competent jurisdiction, to--
       (A) enjoin that act or practice;
       (B) enforce compliance with this subtitle; or
       (C) obtain civil penalties of not more than $5,000 per 
     violation per day while such violations persist, up to a 
     maximum of $500,000 per violation.
       (2) Notice.--
       (A) In general.--Before filing an action under this 
     subsection, the attorney general of the State involved shall 
     provide to the Federal Trade Commission--
       (i) a written notice of that action; and
       (ii) a copy of the complaint for that action.
       (B) Exception.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this subsection, if the attorney general of a 
     State determines that it is not feasible to provide the 
     notice described in this subparagraph before the filing of 
     the action.
       (C) Notification when practicable.--In an action described 
     under subparagraph (B), the attorney general of a State shall 
     provide the written notice and the copy of the complaint to 
     the Federal Trade Commission as soon after the filing of the 
     complaint as practicable.
       (3) Federal trade commission authority.--Upon receiving 
     notice under paragraph (2), the Federal Trade Commission 
     shall have the right to--
       (A) move to stay the action, pending the final disposition 
     of a pending Federal proceeding or action as described in 
     paragraph (4);
       (B) intervene in an action brought under paragraph (1); and
       (C) file petitions for appeal.
       (4) Pending proceedings.--If the Federal Trade Commission 
     has instituted a proceeding or action for a violation of this 
     subtitle or any regulations thereunder, no attorney general 
     of a State may, during the pendency of such proceeding or 
     action, bring an action under this subsection against any 
     defendant named in such criminal proceeding or civil action 
     for any violation that is alleged in that proceeding or 
     action.
       (5) Rule of construction.--For purposes of bringing any 
     civil action under paragraph (1) nothing in this subtitle 
     shall be construed to prevent an attorney general of a State 
     from exercising the powers conferred on the attorney general 
     by the laws of that State to--
       (A) conduct investigations;
       (B) administer oaths and affirmations; or
       (C) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (6) Venue; service of process.--
       (A) Venue.--Any action brought under this subsection may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       (B) Service of process.--In an action brought under this 
     subsection, process may be served in any district in which 
     the defendant--
       (i) is an inhabitant; or
       (ii) may be found.
       (d) No Private Cause of Action.--Nothing in this subtitle 
     establishes a private cause of action against a business 
     entity for violation of any provision of this subtitle.

     SEC. 5304. RELATION TO OTHER LAWS.

       (a) In General.--No State may require any business entity 
     subject to this subtitle to comply with any requirements with 
     respect

[[Page S7289]]

     to administrative, technical, and physical safeguards for the 
     protection of sensitive personally identifying information.
       (b) Limitations.--Nothing in this subtitle shall be 
     construed to modify, limit, or supersede the operation of the 
     Gramm-Leach-Bliley Act or its implementing regulations, 
     including those adopted or enforced by States.

                Subtitle B--Security Breach Notification

     SEC. 5311. NOTICE TO INDIVIDUALS.

       (a) In General.--Any agency, or business entity engaged in 
     interstate commerce, that uses, accesses, transmits, stores, 
     disposes of or collects sensitive personally identifiable 
     information shall, following the discovery of a security 
     breach of such information, notify any resident of the United 
     States whose sensitive personally identifiable information 
     has been, or is reasonably believed to have been, accessed, 
     or acquired.
       (b) Obligation of Owner or Licensee.--
       (1) Notice to owner or licensee.--Any agency, or business 
     entity engaged in interstate commerce, that uses, accesses, 
     transmits, stores, disposes of, or collects sensitive 
     personally identifiable information that the agency or 
     business entity does not own or license shall notify the 
     owner or licensee of the information following the discovery 
     of a security breach involving such information.
       (2) Notice by owner, licensee or other designated third 
     party.--Nothing in this subtitle shall prevent or abrogate an 
     agreement between an agency or business entity required to 
     give notice under this section and a designated third party, 
     including an owner or licensee of the sensitive personally 
     identifiable information subject to the security breach, to 
     provide the notifications required under subsection (a).
       (3) Business entity relieved from giving notice.--A 
     business entity obligated to give notice under subsection (a) 
     shall be relieved of such obligation if an owner or licensee 
     of the sensitive personally identifiable information subject 
     to the security breach, or other designated third party, 
     provides such notification.
       (c) Timeliness of Notification.--
       (1) In general.--All notifications required under this 
     section shall be made without unreasonable delay following 
     the discovery by the agency or business entity of a security 
     breach.
       (2) Reasonable delay.--Reasonable delay under this 
     subsection may include any time necessary to determine the 
     scope of the security breach, prevent further disclosures, 
     conduct the risk assessment described in section 5302(a)(3), 
     and restore the reasonable integrity of the data system and 
     provide notice to law enforcement when required.
       (3) Burden of production.--The agency, business entity, 
     owner, or licensee required to provide notice under this 
     subtitle shall, upon the request of the Attorney General, 
     provide records or other evidence of the notifications 
     required under this subtitle, including to the extent 
     applicable, the reasons for any delay of notification.
       (d) Delay of Notification Authorized for Law Enforcement 
     Purposes.--
       (1) In general.--If a Federal law enforcement or 
     intelligence agency determines that the notification required 
     under this section would impede a criminal investigation, 
     such notification shall be delayed upon written notice from 
     such Federal law enforcement or intelligence agency to the 
     agency or business entity that experienced the breach.
       (2) Extended delay of notification.--If the notification 
     required under subsection (a) is delayed pursuant to 
     paragraph (1), an agency or business entity shall give notice 
     30 days after the day such law enforcement delay was invoked 
     unless a Federal law enforcement or intelligence agency 
     provides written notification that further delay is 
     necessary.
       (3) Law enforcement immunity.--No cause of action shall lie 
     in any court against any law enforcement agency for acts 
     relating to the delay of notification for law enforcement 
     purposes under this subtitle.

     SEC. 5312. EXEMPTIONS.

       (a) Exemption for National Security and Law Enforcement.--
       (1) In general.--Section 5311 shall not apply to an agency 
     or business entity if the agency or business entity 
     certifies, in writing, that notification of the security 
     breach as required by section 5311 reasonably could be 
     expected to--
       (A) cause damage to the national security; or
       (B) hinder a law enforcement investigation or the ability 
     of the agency to conduct law enforcement investigations.
       (2) Limits on certifications.--An agency or business entity 
     may not execute a certification under paragraph (1) to--
       (A) conceal violations of law, inefficiency, or 
     administrative error;
       (B) prevent embarrassment to a business entity, 
     organization, or agency; or
       (C) restrain competition.
       (3) Notice.--In every case in which an agency or business 
     agency issues a certification under paragraph (1), the 
     certification, accompanied by a description of the factual 
     basis for the certification, shall be immediately provided to 
     the United States Secret Service and the Federal Bureau of 
     Investigation.
       (4) Secret service and fbi review of certifications.--
       (A) In general.--The United States Secret Service or the 
     Federal Bureau of Investigation may review a certification 
     provided by an agency under paragraph (3), and shall review a 
     certification provided by a business entity under paragraph 
     (3), to determine whether an exemption under paragraph (1) is 
     merited. Such review shall be completed not later than 10 
     business days after the date of receipt of the certification, 
     except as provided in paragraph (5)(C).
       (B) Notice.--Upon completing a review under subparagraph 
     (A) the United States Secret Service or the Federal Bureau of 
     Investigation shall immediately notify the agency or business 
     entity, in writing, of its determination of whether an 
     exemption under paragraph (1) is merited.
       (C) Exemption.--The exemption under paragraph (1) shall not 
     apply if the United States Secret Service or the Federal 
     Bureau of Investigation determines under this paragraph that 
     the exemption is not merited.
       (5) Additional authority of the secret service and fbi.--
       (A) In general.--In determining under paragraph (4) whether 
     an exemption under paragraph (1) is merited, the United 
     States Secret Service or the Federal Bureau of Investigation 
     may request additional information from the agency or 
     business entity regarding the basis for the claimed 
     exemption, if such additional information is necessary to 
     determine whether the exemption is merited.
       (B) Required compliance.--Any agency or business entity 
     that receives a request for additional information under 
     subparagraph (A) shall cooperate with any such request.
       (C) Timing.--If the United States Secret Service or the 
     Federal Bureau of Investigation requests additional 
     information under subparagraph (A), the United States Secret 
     Service or the Federal Bureau of Investigation shall notify 
     the agency or business entity not later than 10 business days 
     after the date of receipt of the additional information 
     whether an exemption under paragraph (1) is merited.
       (b) Safe Harbor.--An agency or business entity will be 
     exempt from the notice requirements under section 5311, if--
       (1) a risk assessment concludes that--
       (A) there is no significant risk that a security breach has 
     resulted in, or will result in, harm to the individuals whose 
     sensitive personally identifiable information was subject to 
     the security breach, with the encryption of such information 
     establishing a presumption that no significant risk exists; 
     or
       (B) there is no significant risk that a security breach has 
     resulted in, or will result in, harm to the individuals whose 
     sensitive personally identifiable information was subject to 
     the security breach, with the rendering of such sensitive 
     personally identifiable information indecipherable through 
     the use of best practices or methods, such as redaction, 
     access controls, or other such mechanisms, which are widely 
     accepted as an effective industry practice, or an effective 
     industry standard, establishing a presumption that no 
     significant risk exists;
       (2) without unreasonable delay, but not later than 45 days 
     after the discovery of a security breach, unless extended by 
     the United States Secret Service or the Federal Bureau of 
     Investigation, the agency or business entity notifies the 
     United States Secret Service and the Federal Bureau of 
     Investigation, in writing, of--
       (A) the results of the risk assessment; and
       (B) its decision to invoke the risk assessment exemption; 
     and
       (3) the United States Secret Service or the Federal Bureau 
     of Investigation does not indicate, in writing, within 10 
     business days from receipt of the decision, that notice 
     should be given.
       (c) Financial Fraud Prevention Exemption.--
       (1) In general.--A business entity will be exempt from the 
     notice requirement under section 5311 if the business entity 
     utilizes or participates in a security program that--
       (A) is designed to block the use of the sensitive 
     personally identifiable information to initiate unauthorized 
     financial transactions before they are charged to the account 
     of the individual; and
       (B) provides for notice to affected individuals after a 
     security breach that has resulted in fraud or unauthorized 
     transactions.
       (2) Limitation.--The exemption by this subsection does not 
     apply if--
       (A) the information subject to the security breach includes 
     sensitive personally identifiable information, other than a 
     credit card or credit card security code, of any type of the 
     sensitive personally identifiable information identified in 
     section 5003; or
       (B) the security breach includes both the individual's 
     credit card number and the individual's first and last name.

     SEC. 5313. METHODS OF NOTICE.

       An agency or business entity shall be in compliance with 
     section 5311 if it provides both:
       (1) Individual notice.--Notice to individuals by 1 of the 
     following means:
       (A) Written notification to the last known home mailing 
     address of the individual in the records of the agency or 
     business entity.
       (B) Telephone notice to the individual personally.
       (C) E-mail notice, if the individual has consented to 
     receive such notice and the notice is consistent with the 
     provisions permitting electronic transmission of notices 
     under section 101 of the Electronic Signatures in Global and 
     National Commerce Act (15 U.S.C. 7001).
       (2) Media notice.--Notice to major media outlets serving a 
     State or jurisdiction, if the number of residents of such 
     State whose sensitive personally identifiable information

[[Page S7290]]

     was, or is reasonably believed to have been, accessed or 
     acquired by an unauthorized person exceeds 5,000.

     SEC. 5314. CONTENT OF NOTIFICATION.

       (a) In General.--Regardless of the method by which notice 
     is provided to individuals under section 5313, such notice 
     shall include, to the extent possible--
       (1) a description of the categories of sensitive personally 
     identifiable information that was, or is reasonably believed 
     to have been, accessed or acquired by an unauthorized person;
       (2) a toll-free number--
       (A) that the individual may use to contact the agency or 
     business entity, or the agent of the agency or business 
     entity; and
       (B) from which the individual may learn what types of 
     sensitive personally identifiable information the agency or 
     business entity maintained about that individual; and
       (3) the toll-free contact telephone numbers and addresses 
     for the major credit reporting agencies.
       (b) Additional Content.--Notwithstanding section 5319, a 
     State may require that a notice under subsection (a) shall 
     also include information regarding victim protection 
     assistance provided for by that State.

     SEC. 5315. COORDINATION OF NOTIFICATION WITH CREDIT REPORTING 
                   AGENCIES.

       If an agency or business entity is required to provide 
     notification to more than 5,000 individuals under section 
     5311(a), the agency or business entity shall also notify all 
     consumer reporting agencies that compile and maintain files 
     on consumers on a nationwide basis (as defined in section 
     603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)) 
     of the timing and distribution of the notices. Such notice 
     shall be given to the consumer credit reporting agencies 
     without unreasonable delay and, if it will not delay notice 
     to the affected individuals, prior to the distribution of 
     notices to the affected individuals.

     SEC. 5316. NOTICE TO LAW ENFORCEMENT.

       (a) Secret Service and FBI.--Any business entity or agency 
     shall notify the United States Secret Service and the Federal 
     Bureau of Investigation of the fact that a security breach 
     has occurred if--
       (1) the number of individuals whose sensitive personally 
     identifying information was, or is reasonably believed to 
     have been accessed or acquired by an unauthorized person 
     exceeds 10,000;
       (2) the security breach involves a database, networked or 
     integrated databases, or other data system containing the 
     sensitive personally identifiable information of more than 
     1,000,000 individuals nationwide;
       (3) the security breach involves databases owned by the 
     Federal Government; or
       (4) the security breach involves primarily sensitive 
     personally identifiable information of individuals known to 
     the agency or business entity to be employees and contractors 
     of the Federal Government involved in national security or 
     law enforcement.
       (b) FTC Review of Thresholds.--The Federal Trade Commission 
     may review and adjust the thresholds for notice to law 
     enforcement under subsection (a), after notice and the 
     opportunity for public comment, in a manner consistent with 
     this section.
       (c) Advance Notice to Law Enforcement.--Not later than 48 
     hours before notifying an individual of a security breach 
     under section 5311, a business entity or agency that is 
     required to provide notice under this section shall notify 
     the United States Secret Service and the Federal Bureau of 
     Investigation of the fact that the business entity or agency 
     intends to provide the notice.
       (d) Notice to Other Law Enforcement Agencies.--The United 
     States Secret Service and the Federal Bureau of Investigation 
     shall be responsible for notifying--
       (1) the United States Postal Inspection Service, if the 
     security breach involves mail fraud;
       (2) the attorney general of each State affected by the 
     security breach; and
       (3) the Federal Trade Commission, if the security breach 
     involves consumer reporting agencies subject to the Fair 
     Credit Reporting Act (15 U.S.C. 1681 et seq.), or 
     anticompetitive conduct.
       (e) Timing of Notices.--The notices required under this 
     section shall be delivered as follows:
       (1) Notice under subsection (a) shall be delivered as 
     promptly as possible, but not later than 14 days after 
     discovery of the events requiring notice.
       (2) Notice under subsection (d) shall be delivered not 
     later than 14 days after the Service receives notice of a 
     security breach from an agency or business entity.

     SEC. 5317. ENFORCEMENT.

       (a) Civil Actions by the Attorney General.--The Attorney 
     General may bring a civil action in the appropriate United 
     States district court against any business entity that 
     engages in conduct constituting a violation of this subtitle 
     and, upon proof of such conduct by a preponderance of the 
     evidence, such business entity shall be subject to a civil 
     penalty of not more than $1,000 per day per individual whose 
     sensitive personally identifiable information was, or is 
     reasonably believed to have been, accessed or acquired by an 
     unauthorized person, up to a maximum of $1,000,000 per 
     violation, unless such conduct is found to be willful or 
     intentional. In determining the amount of a civil penalty 
     under this subsection, the court shall take into account the 
     degree of culpability of the business entity, any prior 
     violations of this subtitle by the business entity, the 
     ability of the business entity to pay, the effect on the 
     ability of the business entity to continue to do business, 
     and such other matters as justice may require.
       (b) Injunctive Actions by the Attorney General.--
       (1) In general.--If it appears that a business entity has 
     engaged, or is engaged, in any act or practice constituting a 
     violation of this subtitle, the Attorney General may petition 
     an appropriate district court of the United States for an 
     order--
       (A) enjoining such act or practice; or
       (B) enforcing compliance with this subtitle.
       (2) Issuance of order.--A court may issue an order under 
     paragraph (1), if the court finds that the conduct in 
     question constitutes a violation of this subtitle.
       (c) Other Rights and Remedies.--The rights and remedies 
     available under this subtitle are cumulative and shall not 
     affect any other rights and remedies available under law.
       (d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681c-1(b)(1)) is amended by 
     inserting ``, or evidence that the consumer has received 
     notice that the consumer's financial information has or may 
     have been compromised,'' after ``identity theft report''.

     SEC. 5318. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State or any State or local law enforcement 
     agency authorized by the State attorney general or by State 
     statute to prosecute violations of consumer protection law, 
     has reason to believe that an interest of the residents of 
     that State has been or is threatened or adversely affected by 
     the engagement of a business entity in a practice that is 
     prohibited under this subtitle, the State or the State or 
     local law enforcement agency on behalf of the residents of 
     the agency's jurisdiction, may bring a civil action on behalf 
     of the residents of the State or jurisdiction in a district 
     court of the United States of appropriate jurisdiction or any 
     other court of competent jurisdiction, including a State 
     court, to--
       (A) enjoin that practice;
       (B) enforce compliance with this subtitle; or
       (C) civil penalties of not more than $1,000 per day per 
     individual whose sensitive personally identifiable 
     information was, or is reasonably believed to have been, 
     accessed or acquired by an unauthorized person, up to a 
     maximum of $1,000,000 per violation, unless such conduct is 
     found to be willful or intentional.
       (2) Notice.--
       (A) In general.--Before filing an action under paragraph 
     (1), the attorney general of the State involved shall provide 
     to the Attorney General of the United States--
       (i) written notice of the action; and
       (ii) a copy of the complaint for the action.
       (B) Exemption.--
       (i) In general.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this subtitle, if the State attorney general 
     determines that it is not feasible to provide the notice 
     described in such subparagraph before the filing of the 
     action.
       (ii) Notification.--In an action described in clause (i), 
     the attorney general of a State shall provide notice and a 
     copy of the complaint to the Attorney General at the time the 
     State attorney general files the action.
       (b) Federal Proceedings.--Upon receiving notice under 
     subsection (a)(2), the Attorney General shall have the right 
     to--
       (1) move to stay the action, pending the final disposition 
     of a pending Federal proceeding or action;
       (2) initiate an action in the appropriate United States 
     district court under section 5317 and move to consolidate all 
     pending actions, including State actions, in such court;
       (3) intervene in an action brought under subsection (a)(2); 
     and
       (4) file petitions for appeal.
       (c) Pending Proceedings.--If the Attorney General has 
     instituted a proceeding or action for a violation of this 
     subtitle or any regulations thereunder, no attorney general 
     of a State may, during the pendency of such proceeding or 
     action, bring an action under this subtitle against any 
     defendant named in such criminal proceeding or civil action 
     for any violation that is alleged in that proceeding or 
     action.
       (d) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this subtitle 
     regarding notification shall be construed to prevent an 
     attorney general of a State from exercising the powers 
     conferred on such attorney general by the laws of that State 
     to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (e) Venue; Service of Process.--
       (1) Venue.--Any action brought under subsection (a) may be 
     brought in--
       (A) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (B) another court of competent jurisdiction.
       (2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--

[[Page S7291]]

       (A) is an inhabitant; or
       (B) may be found.
       (f) No Private Cause of Action.--Nothing in this subtitle 
     establishes a private cause of action against a business 
     entity for violation of any provision of this subtitle.

     SEC. 5319. EFFECT ON FEDERAL AND STATE LAW.

       The provisions of this subtitle shall supersede any other 
     provision of Federal law or any provision of law of any State 
     relating to notification by a business entity engaged in 
     interstate commerce or an agency of a security breach, except 
     as provided in section 5314(b).

     SEC. 5320. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to cover the costs incurred by the United States 
     Secret Service to carry out investigations and risk 
     assessments of security breaches as required under this 
     subtitle.

     SEC. 5321. REPORTING ON RISK ASSESSMENT EXEMPTIONS.

       The United States Secret Service and the Federal Bureau of 
     Investigation shall report to Congress not later than 18 
     months after the date of enactment of this Act, and upon the 
     request by Congress thereafter, on--
       (1) the number and nature of the security breaches 
     described in the notices filed by those business entities 
     invoking the risk assessment exemption under section 5312(b) 
     and the response of the United States Secret Service and the 
     Federal Bureau of Investigation to such notices; and
       (2) the number and nature of security breaches subject to 
     the national security and law enforcement exemptions under 
     section 5312(a), provided that such report may not disclose 
     the contents of any risk assessment provided to the United 
     States Secret Service and the Federal Bureau of Investigation 
     pursuant to this subtitle.

     SEC. 5322. EFFECTIVE DATE.

       This subtitle shall take effect on the expiration of the 
     date which is 90 days after the date of enactment of this 
     Act.

       TITLE IV--GOVERNMENT ACCESS TO AND USE OF COMMERCIAL DATA

     SEC. 5401. GENERAL SERVICES ADMINISTRATION REVIEW OF 
                   CONTRACTS.

       (a) In General.--In considering contract awards totaling 
     more than $500,000 and entered into after the date of 
     enactment of this Act with data brokers, the Administrator of 
     the General Services Administration shall evaluate--
       (1) the data privacy and security program of a data broker 
     to ensure the privacy and security of data containing 
     personally identifiable information, including whether such 
     program adequately addresses privacy and security threats 
     created by malicious software or code, or the use of peer-to-
     peer file sharing software;
       (2) the compliance of a data broker with such program;
       (3) the extent to which the databases and systems 
     containing personally identifiable information of a data 
     broker have been compromised by security breaches; and
       (4) the response by a data broker to such breaches, 
     including the efforts by such data broker to mitigate the 
     impact of such security breaches.
       (b) Compliance Safe Harbor.--The data privacy and security 
     program of a data broker shall be deemed sufficient for the 
     purposes of subsection (a), if the data broker complies with 
     or provides protection equal to industry standards, as 
     identified by the Federal Trade Commission, that are 
     applicable to the type of personally identifiable information 
     involved in the ordinary course of business of such data 
     broker.
       (c) Penalties.--In awarding contracts with data brokers for 
     products or services related to access, use, compilation, 
     distribution, processing, analyzing, or evaluating personally 
     identifiable information, the Administrator of the General 
     Services Administration shall--
       (1) include monetary or other penalties--
       (A) for failure to comply with subtitles A and B of title 
     III; or
       (B) if a contractor knows or has reason to know that the 
     personally identifiable information being provided is 
     inaccurate, and provides such inaccurate information; and
       (2) require a data broker that engages service providers 
     not subject to subtitle A of title III for responsibilities 
     related to sensitive personally identifiable information to--
       (A) exercise appropriate due diligence in selecting those 
     service providers for responsibilities related to personally 
     identifiable information;
       (B) take reasonable steps to select and retain service 
     providers that are capable of maintaining appropriate 
     safeguards for the security, privacy, and integrity of the 
     personally identifiable information at issue; and
       (C) require such service providers, by contract, to 
     implement and maintain appropriate measures designed to meet 
     the objectives and requirements in title III.
       (d) Limitation.--The penalties under subsection (c) shall 
     not apply to a data broker providing information that is 
     accurately and completely recorded from a public record 
     source or licensor.

     SEC. 5402. REQUIREMENT TO AUDIT INFORMATION SECURITY 
                   PRACTICES OF CONTRACTORS AND THIRD PARTY 
                   BUSINESS ENTITIES.

       Section 3544(b) of title 44, United States Code, is 
     amended--
       (1) in paragraph (7)(C)(iii), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (8), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(9) procedures for evaluating and auditing the 
     information security practices of contractors or third party 
     business entities supporting the information systems or 
     operations of the agency involving personally identifiable 
     information (as that term is defined in section 5003 of the 
     Personal Data Privacy and Security Act of 2010) and ensuring 
     remedial action to address any significant deficiencies.''.

     SEC. 5403. PRIVACY IMPACT ASSESSMENT OF GOVERNMENT USE OF 
                   COMMERCIAL INFORMATION SERVICES CONTAINING 
                   PERSONALLY IDENTIFIABLE INFORMATION.

       (a) In General.--Section 208(b)(1) of the E-Government Act 
     of 2002 (44 U.S.C. 3501 note) is amended--
       (1) in subparagraph (A)(i), by striking ``or''; and
       (2) in subparagraph (A)(ii), by striking the period and 
     inserting ``; or''; and
       (3) by inserting after clause (ii) the following:
       ``(iii) purchasing or subscribing for a fee to personally 
     identifiable information from a data broker (as such terms 
     are defined in section 5003 of the Personal Data Privacy and 
     Security Act of 2010).''.
       (b) Limitation.--Notwithstanding any other provision of 
     law, commencing 1 year after the date of enactment of this 
     Act, no Federal agency may enter into a contract with a data 
     broker to access for a fee any database consisting primarily 
     of personally identifiable information concerning United 
     States persons (other than news reporting or telephone 
     directories) unless the head of such department or agency--
       (1) completes a privacy impact assessment under section 208 
     of the E-Government Act of 2002 (44 U.S.C. 3501 note), which 
     shall subject to the provision in that Act pertaining to 
     sensitive information, include a description of--
       (A) such database;
       (B) the name of the data broker from whom it is obtained; 
     and
       (C) the amount of the contract for use;
       (2) adopts regulations that specify--
       (A) the personnel permitted to access, analyze, or 
     otherwise use such databases;
       (B) standards governing the access, analysis, or use of 
     such databases;
       (C) any standards used to ensure that the personally 
     identifiable information accessed, analyzed, or used is the 
     minimum necessary to accomplish the intended legitimate 
     purpose of the Federal agency;
       (D) standards limiting the retention and redisclosure of 
     personally identifiable information obtained from such 
     databases;
       (E) procedures ensuring that such data meet standards of 
     accuracy, relevance, completeness, and timeliness;
       (F) the auditing and security measures to protect against 
     unauthorized access, analysis, use, or modification of data 
     in such databases;
       (G) applicable mechanisms by which individuals may secure 
     timely redress for any adverse consequences wrongly incurred 
     due to the access, analysis, or use of such databases;
       (H) mechanisms, if any, for the enforcement and independent 
     oversight of existing or planned procedures, policies, or 
     guidelines; and
       (I) an outline of enforcement mechanisms for accountability 
     to protect individuals and the public against unlawful or 
     illegitimate access or use of databases; and
       (3) incorporates into the contract or other agreement 
     totaling more than $500,000, provisions--
       (A) providing for penalties--
       (i) for failure to comply with title III; or
       (ii) if the entity knows or has reason to know that the 
     personally identifiable information being provided to the 
     Federal department or agency is inaccurate, and provides such 
     inaccurate information; and
       (B) requiring a data broker that engages service providers 
     not subject to subtitle A of title III for responsibilities 
     related to sensitive personally identifiable information to--
       (i) exercise appropriate due diligence in selecting those 
     service providers for responsibilities related to personally 
     identifiable information;
       (ii) take reasonable steps to select and retain service 
     providers that are capable of maintaining appropriate 
     safeguards for the security, privacy, and integrity of the 
     personally identifiable information at issue; and
       (iii) require such service providers, by contract, to 
     implement and maintain appropriate measures designed to meet 
     the objectives and requirements in title III.
       (c) Limitation on Penalties.--The penalties under 
     subsection (b)(3)(A) shall not apply to a data broker 
     providing information that is accurately and completely 
     recorded from a public record source.
       (d) Study of Government Use.--
       (1) Scope of study.--Not later than 180 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study and audit and prepare a 
     report on Federal agency actions to address the 
     recommendations in the Government Accountability Office's 
     April 2006 report on agency adherence to key privacy 
     principles in using data brokers or commercial databases 
     containing personally identifiable information.
       (2) Report.--A copy of the report required under paragraph 
     (1) shall be submitted to Congress.

[[Page S7292]]

                                 ______
                                 
  SA 4633. Mr. SHELBY (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 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 324, between lines 6 and 7, insert the following:

     SEC. 858. CONSISTENCY OF ACTIONS WITH RESPECT TO THE KC-X 
                   AERIAL REFUELING TANKER AIRCRAFT PROGRAM WITH 
                   WTO OBLIGATIONS.

       The Secretary of Defense shall not undertake any action 
     with respect to the KC-X Aerial Refueling Tanker Aircraft 
     Program (or any successor to that program) that is 
     inconsistent with the obligations and commitments of the 
     United States to WTO members (as defined in section 2(10) of 
     the Uruguay Round Agreements Act (19 U.S.C. 3501(10))) under 
     the WTO Agreement and the agreements annexed thereto.
                                 ______
                                 
  SA 4634. Mr. CORKER (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 3454, to authorize 
appropriations for fiscal year 2011 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 58, strike line 23 and all that follows through 
     page 61, line 20, and insert the following:
       (b) Policy of the United States.--It shall be the policy of 
     the United States--
       (1) that the Phased Adaptive Approach to missile defense in 
     Europe is an appropriate response to the existing ballistic 
     missile threat from Iran to European territory of North 
     Atlantic Treaty Organization countries, and to potential 
     future ballistic missile capabilities of Iran, and, as 
     indicated by the April 19, 2010, certification by the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics, meets congressional guidance provided in section 
     235 of the National Defense Authorization Act for Fiscal Year 
     2010 (Public Law 111-84; 123 Stat. 2234);
       (2) that the Phased Adaptive Approach to missile defense in 
     Europe is not intended to, and will not, provide a missile 
     defense capability relative to the ballistic missile 
     deterrent forces of the Russian Federation, or diminish 
     strategic stability with the Russian Federation;
       (3) to support the efforts of the United States Government 
     and the North Atlantic Treaty Organization to pursue 
     cooperation with the Russian Federation on ballistic missile 
     defense relative to Iranian missile threats;
       (4) that the Ground-based Midcourse Defense (GMD) system 
     deployed in Alaska and California currently provides adequate 
     defensive capability for the United States against potential 
     and forseeable future long-range ballistic missiles from 
     Iran, and this capability will be enhanced as the system is 
     improved, including by the planned deployment of an AN/TPY-2 
     radar in southern Europe in 2011;
       (5) that the United States should, as stated in its 
     unilateral statement accompanying the New START Treaty, 
     ``continue improving and deploying its missile defense 
     systems in order to defend itself against limited attack and 
     as part of our collaborative approach to strengthening 
     stability in key regions'';
       (6) that, as part of this effort, the Department of Defense 
     should pursue the development, testing, and deployment of 
     operationally effective versions of all variants of the 
     Standard Missile-3 for all four phases of the Phased Adaptive 
     Approach to missile defense in Europe;
       (7) that the SM-3 Block IIB interceptor missile planned for 
     deployment in Phase 4 of the Phased Adaptive Approach should 
     be capable of addressing the potential future threat of 
     intermediate-range and long-range ballistic missiles from 
     Iran, including intercontinental ballistic missiles that 
     could be capable of reaching the United States;
       (8) that there are no constraints contained in the New 
     START Treaty on the development or deployment by the United 
     States of effective missile defenses, including all phases of 
     the Phased Adaptive Approach to missile defense in Europe and 
     further enhancements to the Ground-based Midcourse Defense 
     system, as well as future missile defenses; and
       (9) that the Department of Defense should continue the 
     development, testing, and assessment of the two-stage Ground-
     Based Interceptor in such a manner as to provide a hedge 
     against potential technical challenges with the development 
     of the SM-3 Block IIB interceptor missile as a means of 
     augmenting the defense of Europe and of the homeland against 
     a limited ballistic missile attack from nations such as North 
     Korea or Iran.
       (c) Certification.--
       (1) In general.--The President shall submit to Congress a 
     report setting forth a certification whether or not the 
     President has taken all actions, including the provision of 
     adequate budgetary authority, required to achieve the 
     following:
       (A) The development and deployment of each stage of the 
     Phased Adaptive Approach on current schedule.
       (B) The availability of two-stage Ground-Based Interceptors 
     (GBIs) as a viable technical and strategic hedge if needed to 
     add to the defense of the United States and Europe.
       (C) The testing, consistent with the experience of the 
     United States in testing other large solid-rocket motors, and 
     the regular modernization with emerging capabilities, of 
     three-stage Ground-Based Interceptors.
       (2) Form.--The report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) New START Treaty Defined.--In this sec-
                                 ______
                                 
  SA 4635. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                       Subtitle D--Other Matters

     SEC. 1251. SENSE OF CONGRESS REGARDING TACTICAL NUCLEAR 
                   WEAPONS.

       Recognizing the difficulty the United States has faced in 
     ascertaining with confidence the number of tactical nuclear 
     weapons maintained by the Russian Federation and the security 
     of those weapons, it is the sense of Congress that the 
     President should engage the Russian Federation with the 
     objectives of--
       (1) establishing cooperative measures to give each Party to 
     the New START Treaty improved confidence regarding the 
     accurate accounting and security of tactical nuclear weapons 
     maintained by the other Party; and
       (2) providing United States or other international 
     assistance to help the Russian Federation ensure the accurate 
     accounting and security of its tactical nuclear weapons.
                                 ______
                                 
  SA 4636. Mr. KYL (for himself, Mr. Corker, Mr. Sessions, and Mr. 
Inhofe) submitted an amendment intended to be proposed by him to the 
bill S. 3454, to authorize appropriations for fiscal year 2011 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. 1239. IMPLEMENTATION OF MODERNIZATION PLAN FOR THE 
                   NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS 
                   COMPLEX, AND DELIVERY PLATFORMS DURING THE 
                   IMPLEMENTATION PERIOD FOR THE START FOLLOW-ON 
                   AGREEMENT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) further reductions in the nuclear forces of the United 
     States are only prudent and in the national security interest 
     of the United States to the extent that the remaining nuclear 
     forces of the United States are safer, more secure, and more 
     reliable; and
       (2) due to the inextricable link between safety, security, 
     and reliability of the nuclear deterrent at lower levels, the 
     security guarantees the United States has made to over 30 
     countries, which are backed up by the extended deterrent, and 
     the uncertainty of modernization plans of other countries 
     regarding their strategic and non-strategic nuclear weapons, 
     the President should not take any action to retire or 
     dismantle, or to prepare to retire or dismantle, any of the 
     covered nuclear systems unless modernization is occurring as 
     proposed in the plan the President submitted to the Congress 
     pursuant to section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2549).
       (b) Annual Report on the Plan for the Nuclear Weapons 
     Stockpile, Nuclear Weapons Complex, and Delivery Platforms.--
     Section 1251 of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2549) is 
     amended--
       (1) in the section heading, by inserting ``annual'' before 
     ``report on the plan'';
       (2) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``and annually thereafter together with 
     the budget of the President submitted to Congress under 
     section 1105(a) of title 31, United States Code, for each 
     fiscal year in which the New START Treaty remains in effect'' 
     after ``, whichever is later,'';
       (ii) by inserting ``detailed'' before ``report on the 
     plan''; and
       (iii) in subparagraph (C), by inserting ``and modernize'' 
     after ``maintain'';
       (B) in paragraph (2)--
       (i) by inserting ``detailed'' before ``description'' each 
     place it appears;
       (ii) in subparagraph (C), by inserting ``and modernize'' 
     after ``maintain'';

[[Page S7293]]

       (iii) in subparagraph (D), by striking ``An estimate'' and 
     inserting ``A detailed estimate''; and
       (iv) by adding at the end the following new subparagraph:
       ``(E) A detailed description of the steps taken to 
     implement the plan submitted in the previous year.''; and
       (C) by adding at the end the following new paragraph:
       ``(3) Consultation.--
       ``(A) In general.--In preparing the report required under 
     paragraph (1), the President shall consult with the Secretary 
     of Defense and with the Secretary of Energy, who shall 
     consult with the directors of the nuclear weapons enterprise 
     facilities and laboratories, including the Pantex Plant, the 
     Nevada National Security Site, the Kansas City Plant, the 
     Savannah River Site, Y-12 National Security Complex, Lawrence 
     Livermore National Laboratory, Sandia National Laboratories, 
     and Los Alamos National Laboratory on the implementation of 
     and funding for the plans outlined under subparagraphs (A) 
     and (B) of paragraph (2). The directors shall make their 
     judgments known in unclassified form, with a classified annex 
     as necessary.
       ``(B) Transmission to congress.--The written judgments 
     received from the directors of the national nuclear weapons 
     enterprise facilities and laboratories pursuant to 
     subparagraph (A) shall be included, unchanged, together with 
     the report submitted under paragraph (1).''; and
       (3) in subsection (b)--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) if the modernization plan is not funded consistent 
     with the annual report required under subsection (a), such 
     failure would jeopardizes the supreme interests of the United 
     States and are potential grounds for the withdrawal of the 
     United States from the New START Treaty in accordance with 
     Article XIV of the Treaty.''
       (c) Limitation on Use of Funds.--Neither the Secretary of 
     Defense nor the Secretary of Energy may obligate or expend 
     any amounts appropriated or otherwise made available to the 
     Department of Defense or the Department of Energy for any of 
     fiscal years 2011 through 2017 to retire, dismantle, or 
     eliminate any of the covered nuclear systems until one year 
     after the date on which the President submits to the 
     congressional defense committees written notice of such 
     proposed retirement, dismantlement, or elimination.
       (d) Covered Nuclear Systems Defined.--In this section, the 
     term ``covered nuclear systems'' means--
       (1) B-52H or B2 bomber aircraft, and Nuclear Air Launched 
     Cruise Missiles;
       (2) Trident ballistic missile submarines, launch tubes, and 
     Trident D-5 Submarine launched ballistic missiles;
       (3) Minuteman III intercontinental ballistic missiles and 
     associated silos; and
       (4) nuclear warheads or gravity bombs that can be delivered 
     by the systems specified in paragraphs (1) through (3).
                                 ______
                                 
  SA 4637. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                       Subtitle D--Other Matters

     SEC. 1251. SENSE OF CONGRESS ON CHINA NUCLEAR COOPERATION 
                   OUTSIDE OF NUCLEAR SUPPLIERS GROUP.

       (a) Findings.--Congress makes the following findings:
       (1) The Nuclear Suppliers Group (NSG) was established in 
     1974 to control the international supply of nuclear 
     materials, facilities, and technology for the purpose of 
     preventing the proliferation of nuclear weapons and the 
     capacity to manufacture them.
       (2) The effectiveness of the Nuclear Suppliers Group relies 
     upon the willingness of its 46 Participating Governments to 
     voluntarily abide by its unanimously adopted guidelines 
     governing nuclear transfers.
       (3) Under these unanimously adopted guidelines, supplier 
     countries may not transfer nuclear materials, facilities, or 
     technology to countries that are not signatories to the 
     Treaty on the Non-Proliferation of Nuclear Weapons, done at 
     Washington, London, and Moscow July 1, 1968, and entered into 
     force March 5, 1970 (commonly known as the ``Nuclear Non-
     Proliferation Treaty'' or ``NPT''), without a unanimous vote 
     by NSG Participating Governments.
       (4) On joining the NSG in 2004, the People's Republic of 
     China agreed to abide by all NSG guidelines.
       (5) If the Government of China proceeds with a project 
     without unanimous approval by the NSG's Participating 
     Governments, it will be in clear violation of its NSG 
     obligations.
       (b) Sense of Congress.--It is the sense of Congress that, 
     if the Government of China engages in nuclear cooperation 
     outside of the scope of what is approved of by the Nuclear 
     Suppliers Group or its guidelines--
       (1) the Secretary of State should work with other NSG 
     countries to have the People's Republic of China removed from 
     the group;
       (2) the Nuclear Regulatory Commission, the Department of 
     Energy, and the Department of Commerce should suspend any and 
     all nuclear cooperation with the People's Republic of China; 
     and
       (3) the Secretary of State should certify--
       (A) whether it remains in the national security interest of 
     the United States that the civilian nuclear cooperation 
     agreement entered into between the United States and the 
     People's Republic of China pursuant to section 123 of the 
     Atomic Energy Act (42 U.S.C. 2153) remain in force; and
       (B) whether the findings of the nonproliferation assessment 
     (NPAS) to Congress accompanying that agreement is still 
     valid.
                                 ______
                                 
  SA 4638. Mr. KYL (for himself and Mr. Sessions) submitted an 
amendment intended to be proposed by him to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 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. 1239. ANNUAL REPORT ON ACTIVITIES OF THE BILATERAL 
                   CONSULTATIVE COMMISSION UNDER THE NEW START 
                   TREATY.

       (a) Annual Report Required.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of State shall jointly submit to Congress each year a report 
     on the activities of the Bilateral Consultative Commission 
     established by the New START Treaty during the preceding 
     year.
       (2) Elements.--Each report required by this subsection 
     shall include, for the year covered by such report, a 
     description of any issues raised at the Bilateral 
     Consultative Commission, including the following:
       (A) Any discussion by either party regarding the missile 
     defense capabilities or conventional global strike 
     capabilities of the United States.
       (B) Any discussion by either party regarding a compliance 
     violation, or potential compliance violation, with respect to 
     the New START Treaty.
       (3) Form.--Each report under this subsection shall be 
     submitted in unclassified form, but may include a classified 
     annex. Any classified annex included with such a report shall 
     include a detailed explanation for the determination to 
     submit the matters covered by such annex in a classified 
     manner.
       (b) Prohibition on Availability of Funds.--No amount 
     authorized to be appropriated by this Act or any other Act 
     may be obligated or expended to negotiate or agree to the 
     following:
       (1) Any limitation on the development or deployment of 
     United States missile defenses.
       (2) Any exchange of telemetric information on United States 
     missile defenses and conventional prompt global strike 
     systems.
       (3) Any limitation on the development or deployment of a 
     conventional prompt global strike system.
       (c) Limitation on Availability Funds for Implementation of 
     Agreements.--No amount authorized to be appropriated by this 
     Act or any other Act may be obligated or expended to 
     implement or carry out any agreement of the United States and 
     the Russian Federation entered into through or pursuant to 
     the Bilateral Consultative Commission until the date that is 
     60 days after the date on which the President submits to the 
     Majority Leader of the Senate, the Minority Leader of the 
     Senate, and the Committee on Foreign Relations of the Senate 
     a notice on such agreement, including a comprehensive 
     description of the terms of such agreement.
       (d) New START Treaty Defined.--In this section, the term 
     ``New START Treaty'' means the Treaty between the United 
     States of America and the Russian Federation on Measures for 
     the Further Reduction and Limitation of Strategic Offensive 
     Arms, signed on April 8, 2010.
                                 ______
                                 
  SA 4639. Mr. CORNYN (for himself and Mrs. Hutchison) submitted an 
amendment intended to be proposed by him to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. CONSTRUCTION OF MAJOR MEDICAL FACILITY IN FAR 
                   SOUTH TEXAS.

       (a) Findings.--Congress makes the following findings:
       (1) The current and future health care needs of veterans 
     residing in the Far South Texas area are not being fully met 
     by the Department of Veterans Affairs.
       (2) The Department of Veterans Affairs estimates that more 
     than 117,000 veterans reside in Far South Texas.

[[Page S7294]]

       (3) In its Capital Asset Realignment for Enhanced Services 
     study, the Department of Veterans Affairs found that fewer 
     than three percent of its enrollees in the Valley-Coastal 
     Bend Market of Veterans Integrated Service Network 17 reside 
     within its acute hospital access standards.
       (4) Travel times for veterans from the market referred to 
     in paragraph (3) can exceed six hours from their residences 
     to the nearest Department of Veterans Affairs hospital for 
     acute inpatient health care.
       (5) Even with the significant travel times, veterans from 
     Far South Texas demonstrate a high demand for health care 
     services from the Department of Veterans Affairs.
       (6) Current deployments involving members of the Texas 
     National Guard and Reservists from Texas will continue to 
     increase demand for medical services provided by the 
     Department of Veterans Affairs.
       (b) Construction of Major Medical Facility in Far South 
     Texas.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out the construction of a major medical facility 
     project in Far South Texas consisting of a full service 
     Department of Veterans Affairs hospital.
       (2) Facility location.--The facility referred to in 
     paragraph (1) shall be located in a county in Far South Texas 
     that the Secretary determines to be most appropriate to 
     meeting the health care needs of veterans in Far South Texas.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report identifying and outlining the 
     determination of the Secretary under paragraph (2) and a 
     detailed estimate of the cost of and time necessary for 
     completion of the project required by paragraph (1).
       (c) Definition.--In this section, the term ``Far South 
     Texas'' means the following counties of the State of Texas: 
     Aransas, Bee, Brooks, Calhoun, Cameron, Crockett, DeWitt, 
     Dimmit, Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, 
     Kenedy, Kleberg, Nueces, Refugio, San Patricio, Starr, 
     Victoria, Webb, Willacy, and Zapata.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Veterans Affairs for 
     fiscal year 2011 for the Construction, Major Projects account 
     such sums as may be necessary for the project required by 
     subsection (b).
                                 ______
                                 
  SA 4640. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 VIII, add the following:

     SEC. 819. REPORT ON ALTERNATIVES FOR THE PROCUREMENT OF FIRE-
                   RESISTANT AND FIRE-RETARDANT FIBER AND 
                   MATERIALS FOR THE PRODUCTION OF MILITARY 
                   PRODUCTS.

       (a) Findings.--Congress makes the following findings:
       (1) Vehicle and aircraft fires remain a significant force 
     protection and safety threat for the members of the Armed 
     Forces, whether deployed in support of ongoing military 
     operations or while training for future deployment.
       (2) Since 2003, the United States Army Institute of 
     Surgical Research, the sole burn center within the Department 
     of Defense, has admitted and treated more than 800 combat 
     casualties with burn injuries. The probability of this type 
     of injury remains extremely high with continued operations in 
     Iraq and the surge of forces into Afghanistan and the 
     associated increase in combat operations.
       (3) Advanced fiber products currently in use to protect 
     first responders such as fire fighters and factory and 
     refinery personnel in the United States steel and fuel 
     refinery industries may provide greater protection against 
     burn injuries to members of the Armed Forces.
       (b) Report.--Not later than February 28, 2011, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on fire-resistant and 
     fire-retardant fibers and materials for the production of 
     military products. The report shall include the following:
       (1) An identification of the fire-resistance or fire-
     retardant properties or capabilities of fibers and materials 
     (whether domestic or foreign) currently used for the 
     production of military products that require such properties 
     or capabilities (including include uniforms, protective 
     equipment, firefighting equipment, lifesaving equipment, and 
     life support equipment), and an assessment of the 
     sufficiency, adequacy, availability, and cost of such fibers 
     and materials for that purpose.
       (2) An identification of the fire-resistance or fire-
     retardant properties or capabilities of fibers and materials 
     (whether domestic or foreign) otherwise available in the 
     United States that are suitable for use in the production of 
     military products that require such properties or 
     capabilities, and an assessment of the sufficiency, adequacy, 
     availability, and cost of such fibers and materials for that 
     purpose.
                                 ______
                                 
  SA 4641. Mr. CORKER (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed to amendment SA 4636 submitted by Mr. Kyl (for 
himself, Mr. Corker, Mr. Sessions, and Mr. Inhofe) and intended to be 
proposed to the bill S. 3454, to authorize appropriations for fiscal 
year 2011 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 6 of the amendment, strike lines 4 through 14 and 
     insert the following:
       (c) Resource Requirements.--If appropriations are enacted 
     that fail to meet the resource requirements set forth in the 
     plan submitted by the President pursuant to section 1251 of 
     the National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2549), or if at any time more 
     resources are required than estimated in the President's 10-
     year plan, the President shall submit to the Congress, within 
     60 days of such enactment or the identification of the 
     requirement for additional resources, a report detailing--
       (1) how the President proposes to remedy the resource 
     shortfall and when the resource shortfall will be remedied;
       (2) if additional resources are required, the proposed 
     level of funding required and an identification of the 
     stockpile work, campaign, facility, site, asset, program, 
     operation, activity, construction, or project for which 
     additional funds are required;
       (3) the impact of the resource shortfall on the safety, 
     reliability, and performance of United States nuclear forces; 
     and
       (4) whether and why, in the changed circumstances brought 
     about by the resource shortfall, it remains in the national 
     interest of the United States to remain a party to the New 
     START Treaty.
       (d) Limitation on Use of Funds.--Neither the Secretary of 
     Defense nor the Secretary of Energy may obligate or expend 
     any amounts appropriated or otherwise made available to the 
     Department of Defense or the Department of Energy for any of 
     fiscal years 2011 through 2017 to retire, dismantle, or 
     eliminate any of the covered nuclear systems until one year 
     after the date on which the President submits to the 
     congressional defense committees written notice of such 
     proposed retirement, dismantlement, or elimination.
       (e) Covered Nuclear Systems Defined.--In this
                                 ______
                                 
  SA 4642. Mrs. LINCOLN (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 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 __MILITARY FAMILY-FRIENDLY EMPLOYER AWARD

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Military Family-Friendly 
     Employer Award Act''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Employer.--The term ``employer''--
       (A) means any person (as defined in section 3(a) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged 
     in commerce or in any industry or activity affecting 
     commerce; and
       (B) includes any agency of a State, or political 
     subdivision thereof.
     The term does not include the Government of the United States 
     or any agency thereof.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.

     SEC. _03. ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER 
                   AWARD.

       (a) In General.--There is established in the Department of 
     Defense an annual award to be known as the Military Family-
     Friendly Employer Award (hereafter referred to in this title 
     as the ``Award'') for employers that have developed and 
     implemented workplace flexibility policies and practices--
       (1) to assist the working spouses and caregivers of members 
     of the Armed Forces who are deployed away from home, and to 
     assist such members upon their return from deployment, so 
     that the needs of the home may be addressed during and after 
     such deployments; and
       (2) that reflect a deep awareness and commitment in 
     response to the needs of the military family unit.
       (b) Plaque.--The Award shall be evidenced by a plaque 
     bearing the title ``Military Family-Friendly Employer 
     Award''.
       (c) Application.--
       (1) In general.--An employer desiring consideration for an 
     Award shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as such 
     Secretary may require.

[[Page S7295]]

       (2) Reapplication.--An employer may reapply for an Award, 
     regardless of whether the employer has been a previous 
     recipient of such Award.
       (d) Display on Web Site.--The Secretary shall make 
     publically available on its Internet website the names of 
     each recipient of the Award.
       (e) Presentation of Award.--The Secretary (or the 
     Secretary's designee) shall present annually the Award to 
     employers under this section.

     SEC. _04. MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE.

       (a) Establishment.--There is established within the 
     Department of Defense a Military Family-Friendly Special Task 
     Force (hereafter referred to in this title as the ``Task 
     Force'').
       (b) Composition.--
       (1) In general.--The Task Force shall be composed of 9 
     members to be appointed as follows:
       (A) The Secretary shall appoint one individual to serve as 
     the chairperson of the Task Force.
       (B) The Secretary, in consultation with the Secretary of 
     Labor and based on recommendations made by the Majority and 
     Minority Leaders of the Senate and the Speaker and Minority 
     Leader of the House of Representatives, shall appoint--
       (i) two members who shall be work-life experts; and
       (ii) two members who shall be representatives of the 
     general business community; and
       (C) The Secretary, based on recommendations made by the 
     Majority and Minority Leaders of the Senate and the Speaker 
     and Minority Leader of the House of Representatives, shall 
     appoint--
       (i) two members who shall be experts on the Armed Forces; 
     and
       (ii) two members who shall be representatives of families 
     with one or more members serving in the Armed Forces.
       (2) Qualifications.--In appointing members of the Task 
     Force the Secretary shall ensure--
       (A) that such members are individuals with knowledge and 
     experience in workplace flexibility policies as such policies 
     relate to services in and support for the Armed Forces;
       (B) that not more than 2 members appointed under paragraph 
     (1)(B) are from the same political party; and
       (C) that not more than 2 members appointed under paragraph 
     (1)(C) are from the same political party.
       (3) Terms.--
       (A) In general.--Except as provided under subparagraphs (B) 
     and (C), each member of the Task Force shall be appointed for 
     2 years and may be reappointed.
       (B) Terms of initial appointees.--As designated by the 
     Secretary at the time of appointment, of the members of the 
     Task Force first appointed, 4 shall each be appointed for a 
     1-year term and the remainder shall each be appointed for a 
     2-year term.
       (C) Vacancies.--Any member of the Task Force appointed to 
     fill a vacancy occurring before the expiration of the term 
     for which the member's predecessor was appointed shall be 
     appointed only for the remainder of that term. A member may 
     serve after the expiration of that member's term until a 
     successor has taken office.
       (4) Limitation.--The Secretary may not appoint any Member 
     of Congress to the Task Force.
       (c) Duties.--The Task Force shall--
       (1) develop and review military-centered questions for 
     integration into the award model for determining which 
     applicant employers should receive an Award;
       (2) determine how such questions should be weighed in 
     making Award determinations what threshold should be used as 
     the minimum for making such Awards;
       (3) review responses to a sample of such questions posed as 
     part of any questionnaire used for purposes of making such 
     Awards;
       (4) consider private sector award models such as the 
     Malcolm Baldrige National Quality Award or the Alfred P. 
     Sloan Award for Business Excellence in Workplace Flexibility;
       (5) determine criteria for the delivery of the Award; and
       (6) carry out any other activities determined appropriate 
     by the Secretary.
       (d) Operations.--
       (1) Meetings.--
       (A) In general.--Except for the initial meeting of the Task 
     Force under subparagraph (B), the Task Force shall meet at 
     the call of the chairperson or a majority of its members.
       (B) Initial meeting.--The Task Force shall conduct its 
     first meeting not later than 90 days after the appointment of 
     all of its members.
       (2) Voting and rules.--A majority of members of the Task 
     Force shall constitute a quorum to conduct business. The Task 
     Force may establish by majority vote any other rules for the 
     conduct of the business of the Task Force, if such rules are 
     not inconsistent with this section or other applicable law.
       (3) Compensation and travel.--All members of the Task Force 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of duties of 
     the Task Force. The members of the Task Force shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter 1 of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Task Force.

     SEC. _05. REGULATIONS.

       The Secretary may prescribe regulations to carry out the 
     purposes of this title.
                                 ______
                                 
  SA 4643. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 460, between lines 15 and 16, insert the following:

     SEC. 1082. REPORT ON THE EFFECT OF DEPLOYMENT ON FIRST 
                   RESPONDER AGENCIES.

       (a) Definition.--In this section--
       (1) the term ``active duty'' has the meaning given that 
     term in section 101 of title 10, United States Code;
       (2) the term ``first responder agency'' means--
       (A) a law enforcement agency or fire service (as defined in 
     section 4 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2203)) of a State or local government; and
       (B) a publicly or privately operated ambulance service; and
       (3) the term ``reservist'' means a member of a reserve 
     component of the Armed Forces.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency and appropriate officials having 
     responsibility for the administration of the reserve 
     components of the Armed Forces, including the Chief of the 
     National Guard Bureau with respect to the National Guard, 
     shall submit to Congress a report that evaluates--
       (1) the financial and other effects of the employees of 
     first responder agencies being placed on active duty on the 
     first responder agencies, including the ability of the first 
     responder agencies to provide services to the community; and
       (2) the effect of reservists being placed on active duty 
     on--
       (A) the hiring and retention of reservists by first 
     responder agencies; and
       (B) the ability of the reserve components of the Armed 
     Forces to retain reservists who are employed by a first 
     responder agency.
                                 ______
                                 
  SA 4644. Mrs. LINCOLN (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 543. MODIFICATION OF BASIS FOR ANNUAL ADJUSTMENTS IN 
                   AMOUNTS OF EDUCATIONAL ASSISTANCE FOR MEMBERS 
                   OF THE SELECTED RESERVE.

       (a) In General.--Section 16131(b)(2) of title 10, United 
     States Code, is amended by striking ``equal to'' and all that 
     follows and inserting ``not less than the percentage by 
     which--
       ``(A) the average cost of undergraduate tuition in the 
     United States, as determined by the National Center for 
     Education Statistics, for the last academic year preceding 
     the beginning of the fiscal year for which the increase is 
     made, exceeds
       ``(B) the average cost of undergraduate tuition in the 
     United States, as so determined, for the academic year 
     preceding the academic year described in subparagraph (A).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2010, and shall apply to 
     adjustments in amounts of educational assistance for members 
     of the Selected Reserve that are made for fiscal years 
     beginning on or after that date.
                                 ______
                                 
  SA 4645. Mrs. LINCOLN (for herself and Mr. Risch) submitted an 
amendment intended to be proposed by her to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF 
                   THE RESERVE COMPONENTS FOR LONG DISTANCE AND 
                   CERTAIN OTHER TRAVEL TO INACTIVE DUTY TRAINING.

       (a) Allowances Required.--

[[Page S7296]]

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

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

       ``(a) Allowance Required.--The Secretary concerned shall 
     reimburse a member of a reserve component of the armed forces 
     for transportation expenses, including mileage traveled, 
     incurred in connection with the following:
       ``(1) Round-trip travel in excess of 100 miles to an 
     inactive duty training location, regardless of the method of 
     transportation.
       ``(2) Round-trip travel of any distance to an inactive duty 
     training location, if such travel requires a commercial 
     method of transportation other than ground transportation.
       ``(b) Rates of Reimbursement.--
       ``(1) Mileage.--In determining the amount of allowances or 
     reimbursement to be paid for mileage traveled under 
     subsection (a)(1), the Secretary concerned shall use the 
     mileage reimbursement rate for the use of privately owned 
     vehicles by Government employees on official business (when a 
     Government vehicle is available), as prescribed by the 
     Administrator of General Services under section 5707(b) of 
     title 5.
       ``(2) Commercial fare for travel by common carrier.--The 
     amount of reimbursement to be paid under subsection (a)(2) 
     for travel covered by that subsection shall be the reasonable 
     commercial fare expense for such travel by common carrier.
       ``(c) Regulations.--The Secretary concerned shall prescribe 
     regulations to carry out this section. Regulations prescribed 
     by the Secretary of a military department shall be subject to 
     the approval of the Secretary of Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by inserting 
     after the item relating to section 411j the following new 
     item:

``411k. Travel and transportation allowances: long distance and certain 
              other travel to inactive duty training performed by 
              members of the reserve components of the armed forces.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to travel expenses incurred after 
     the expiration of the 90-day period that begins on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 4646. Mrs. LINCOLN (for herself and Mr. Risch) submitted an 
amendment intended to be proposed by her to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 718. REQUIREMENT FOR PROVISION OF MEDICAL AND DENTAL 
                   READINESS SERVICES TO CERTAIN MEMBERS OF THE 
                   SELECTED RESERVE AND INDIVIDUAL READY RESERVE 
                   BASED ON MEDICAL NEED.

       (a) In General.--Section 1074a(g)(1) of title 10, United 
     States Code, is amended--
       (1) by striking ``may provide'' and inserting ``shall 
     provide''; and
       (2) by striking ``if the Secretary determines'' and 
     inserting ``, as applicable, if a qualified health care 
     professional determines, based on the member's most recent 
     annual medical exam or annual dental exam, as the case may 
     be,''.
       (b) Funding.--Subject to applicable provisions of 
     appropriations Acts, amounts available to the Department of 
     Defense for Defense Health Program shall be available for the 
     provision of medical and dental services under section 
     1074a(g)(1) of title 10, United States Code, in accordance 
     with the amendments made by subsection (a).
       (c) Budgeting for Health Care.--In determining the amounts 
     to be required for medical and dental readiness services for 
     members of the Selected Reserve and the Individual Ready 
     Reserve under section 1074a(g)(1) of title 10, United States 
     Code (as amended by subsection (a)), for purposes of the 
     budget of the President for fiscal years after fiscal year 
     2010, as submitted to Congress pursuant to section 1105 of 
     title 31, United States Code, the Assistant Secretary of 
     Defense for Health Affairs shall consult with appropriate 
     officials having responsibility for the administration of the 
     reserve components of the Armed Forces, including the Chief 
     of the National Guard Bureau with respect to the National 
     Guard.
       (d) Medical and Dental Screening for Ready Reserve Members 
     Alerted for Mobilization.--Section 1074a(f)(1) of title 10, 
     United States Code, is amended by striking ``may provide'' 
     and inserting ``shall provide''.
                                 ______
                                 
  SA 4647. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION PAYABLE TO SURVIVING SPOUSES.

       (a) Increase.--Section 1311 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``of $1,091'' and 
     inserting ``equal to 55 percent of the rate of monthly 
     compensation in effect under section 1114(j) of this title''; 
     and
       (2) by adding at the end the following new subsection:
       ``(g) Notwithstanding any other provision of law (other 
     than section 5304(b)(3) of this title), in the case of an 
     individual who is eligible for dependency and indemnity 
     compensation under this section who is also eligible for 
     benefits under another provision of law by reason of such 
     individual's status as the surviving spouse of a veteran, 
     then, neither a reduction nor an offset in benefits under 
     such provision shall be made by reason of such individual's 
     eligibility for benefits under this section.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to compensation paid under chapter 
     13 of title 38, United States Code, for months beginning 
     after the date that is 180 days after the date of the 
     enactment of this Act.

     SEC. 1083. PHASE-IN OF PAYMENT OF DEPENDENCY AND INDEMNITY 
                   COMPENSATION WITH RESPECT TO VETERANS WHO DIE 
                   OF NON-SERVICE CONNECTED DISABILITY AFTER 
                   ENTITLEMENT TO COMPENSATION FOR SERVICE-
                   CONNECTED DISABILITY RATED AS TOTALLY DISABLING 
                   FOR AT LEAST FIVE YEARS.

       Section 1318 of title 38, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``10 years'' and 
     inserting ``five years'';
       (2) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) In the case of a deceased veteran described in 
     subsection (b)(1), benefits under this chapter shall be 
     payable under subsection (a) in amounts as follows:
       ``(1) If the disability of the veteran described in 
     subsection (b)(1) was continuously rated totally disabling 
     for a period of at least five years, but less than six years, 
     immediately preceding death, at the rate of 50 percent of the 
     benefits otherwise so payable.
       ``(2) If the disability of the veteran so described was 
     continuously rated totally disabling for a period of at least 
     six years, but less than seven years, immediately preceding 
     death, at the rate of 60 percent of the benefits otherwise so 
     payable.
       ``(3) If the disability of the veteran so described was 
     continuously rated totally disabling for a period of at least 
     seven years, but less than eight years, immediately preceding 
     death, at the rate of 70 percent of the benefits otherwise so 
     payable.
       ``(4) If the disability of the veteran so described was 
     continuously rated totally disabling for a period of at least 
     eight years, but less than nine years, immediately preceding 
     death, at the rate of 80 percent of the benefits otherwise so 
     payable.
       ``(5) If the disability of the veteran so described was 
     continuously rated totally disabling for a period of at least 
     nine years, but less than 10 years, immediately preceding 
     death, at the rate of 90 percent of the benefits otherwise so 
     payable.
       ``(6) If the disability of the veteran so described was 
     continuously rated totally disabling for a period of at least 
     10 years immediately preceding death, at the rate otherwise 
     so payable.''.

     SEC. 1084. REDUCTION FROM AGE 57 TO AGE 55 OF AGE AFTER WHICH 
                   REMARRIAGE OF SURVIVING SPOUSE SHALL NOT 
                   TERMINATE DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

       (a) Reduction in Age.--Section 103(d)(2)(B) of title 38, 
     United States Code, is amended--
       (1) in the first sentence, by striking ``age 57'' and 
     inserting ``age 55''; and
       (2) by striking the second sentence.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; and
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.
       (c) Retroactive Benefits Prohibited.--No benefit may be 
     paid to any person by reason of the amendment made by 
     subsection (a) for any period before the effective date 
     specified in subsection (b).
       (d) Application for Benefits.--In the case of an individual 
     who but for having remarried would be eligible for benefits 
     under title 38, United States Code, by reason of the 
     amendment made by subsection (a) and whose remarriage was 
     before the date of the enactment of this Act and after the 
     individual had attained age 55, the individual

[[Page S7297]]

     shall be eligible for such benefits by reason of such 
     amendment only if the individual submits an application for 
     such benefits to the Secretary of Veterans Affairs not later 
     than the end of the one-year period beginning on the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 4648. Mrs. LINCOLN submitted an amendment intended to be proposed 
by her to the bill S. 3454, to authorize appropriations for fiscal year 
2011 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1082. PROVISION OF VETERANS STATUS UNDER LAW BY HONORING 
                   CERTAIN MEMBERS OF THE RESERVE COMPONENTS AS 
                   VETERANS.

       (a) In General.--Chapter 1 of title 38, United States Code, 
     is amended by inserting after section 107 the following new 
     section:

     ``Sec. 107A. Honoring as veterans certain persons who 
       performed service in the reserve components

       ``Any person who is entitled under chapter 1223 of title 10 
     to retired pay for nonregular service or, but for age, would 
     be entitled under such chapter to retired pay for nonregular 
     service shall be honored as a veteran but shall not be 
     entitled to any benefit solely by reason of this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 107 the following new item:

``107A. Honoring as veterans certain persons who performed service in 
              the reserve components.''.
                                 ______
                                 
  SA 4649. Mrs. LINCOLN (for herself and Mr. Risch) submitted an 
amendment intended to be proposed by her to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1082. APPROVAL OF CERTAIN EDUCATIONAL INSTITUTIONS FOR 
                   PURPOSES OF THE POST-9/11 EDUCATIONAL 
                   ASSISTANCE PROGRAM.

       Subsection (b) of section 3313 of title 38, United States 
     Code, is amended to read as follows:
       ``(b) Approved Programs of Education.--A program of 
     education is an approved program of education for purposes of 
     this chapter if the program of education is approved for 
     purposes of chapter 30 of this title (including approval by 
     the State approving agency concerned) and--
       ``(1) the program of education is offered by an institution 
     offering postsecondary level academic instruction that leads 
     to an associate or higher degree and such institution is an 
     institution of higher learning (as that term is defined in 
     section 3452(f) of this title); or
       ``(2) the program of education is offered by an institution 
     offering instruction that does not lead to an associate or 
     higher degree and such institution is an educational 
     institution (as that term is defined in section 3452(c) of 
     this title).''.
                                 ______
                                 
  SA 4650. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 3454, to authorize appropriations for fiscal year 
2011 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 460, between lines 15 and 16, insert the following:

     SEC. 1082. COLONEL CHARLES YOUNG HOME SPECIAL RESOURCE STUDY.

       (a) Study.--The Secretary of the Interior (referred to in 
     this section as the ``Secretary''), in consultation with the 
     Secretary of the Army, shall conduct a special resource study 
     of the Colonel Charles Young Home, a National Historic 
     Landmark in Xenia, Ohio (referred to in this section as the 
     ``Home'').
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) evaluate any architectural and archeological resources 
     of the Home;
       (2) determine the suitability and feasibility of 
     designating the Home as a unit of the National Park System;
       (3) consider other alternatives for preservation, 
     protection, and interpretation of the Home by Federal, State, 
     or local governmental entities or private and nonprofit 
     organizations, including the use of shared management 
     agreements with the Dayton Aviation Heritage National 
     Historical Park or specific units of that Park, such as the 
     Paul Laurence Dunbar Home;
       (4) consult with the Ohio Historical Society, Central State 
     University, Wilberforce University, and other interested 
     Federal, State, or local governmental entities, private and 
     nonprofit organizations, or individuals; and
       (5) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives considered under the study.
       (c) Applicable Law.--The study required under subsection 
     (a) shall be conducted in accordance with section 8 of Public 
     Law 91-383 (16 U.S.C. 1a-5).
       (d) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under subsection 
     (a), the Secretary shall submit to the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report that 
     contains--
       (1) the results of the study under subsection (a); and
       (2) any conclusions and recommendations of the Secretary.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 4651. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 3454, to authorize appropriations for 
fiscal year 2011 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:

       In Sec. 4501 of Title XLV, beginning on page 807, strike 
     the following projects in the table entitled ``Military 
     Construction'', and make all conforming changes in Division 
     B--Military Construction Authorizations:
       ``Air Force, Bahrain Island, SW Asia, North Apron 
     Expansion, $45,000,000'';
       ``Air Force, Guam, Anderson AFB, PRTC-Red Horse 
     Headquarters/Engineering Facility, $8,000,000'';
       ``Air Force, Guam, Anderson AFB, Strike Ops Group and 
     Tanker Taskforce Renovation, $9,100,000'';
       ``Air Force, Guam, Anderson AFB, PRTC-Combat Communications 
     Operations Facility, $9,200,000'';
       Air Force, Guam, Anderson AFB, PRTC-Commando Warrior Open 
     Bay Student Barracks, $11,800,000'';
       Air Force, Guam, Anderson AFB, Strike South Ramp Utilities, 
     phase 1, $12,200,000'';
       Army NG, Guam, Barrigada, Combined Support Maintenance 
     Shop, phase 1, $19,000,000'';
       ``Army, Germany, Wiesbaden AB, Construct New ACP, 
     $5,100,000'';
       ``Army, Germany, Sembach AB, Confinement Facility, 
     $9,100,000'';
       ``Army, Germany, Ansbach, Physical Fitness Center, 
     $13,800,000'';
       ``Army, Germany, Grafenwoehr, Barracks, $17,500,000'';
       ``Army, Germany, Ansbach, Vehicle Maintenance Shop, 
     $18,000,000'';
       ``Army, Germany, Grafenwoehr, Barracks, $19,000,000'';
       ``Army, Germany, Grafenwoehr, Barracks, $19,000,000'';
       ``Army, Germany, Grafenwoehr, Barracks, $20,000,000'';
       ``Army, Germany, Wiesbaden AB, Information Processing 
     Center, $30,400,000'';
       ``Army, Germany, Rhine Ordnance Barracks, Barracks Complex, 
     $35,000,000'';
       ``Army, Germany, Wiesbaden AB, Command and Battle Center, 
     Increment 2, $59,500,000'';
       ``Army, Germany, Wiesbaden AB, Sensitive Compartmented 
     Information Facility, Increment 1, $45,500,000'';
       ``Navy, Bahrain Island, Operations and Support Facility, 
     $60,002,000'';
       ``Navy, Bahrain Island, Waterfront Development, phase 3, 
     $63,871,000'';
       ``Navy, Bahrain Island, NAVCENT Ammunition Magazines, 
     $89,280,000'';
       ``Navy, Djibouti, Camp Lemonier, Camp Lemonier Headquarters 
     Facility, $12,407,000'';
       ``Navy, Marshall Islands, Guam, Apra Harbor Wharves Imp. 
     (phase 1, inc), $40,000,000'';
       ``Navy, Marshall Islands, Guam, Defense Access Road 
     Improvements, $66,730,000'';
       ``DW, Germany, Vilseck, Health Clinic Add/Alt, 
     $34,800,000'';
       ``DW, Germany, Katterbach, Health/Dental Clinic 
     Replacement, $37,100,000''; and
       ``DW, Guam, Agana NAS, Hospital Replacement, Increment 2, 
     $70,000,000''.
                                 ______
                                 
  SA 4652. Mr. BEGICH (for himself and Mr. Ensign) submitted an 
amendment intended to be proposed by him to the bill S. 3454, to 
authorize appropriations for fiscal year 2011 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 349. SENSE OF CONGRESS REGARDING RED FLAG EXERCISES AT 
                   SITES IN ALASKA AND NEVADA.

       (a) Findings.--Congress makes the following findings:

[[Page S7298]]

       (1) Eielson Air Force Base, Alaska, and Nellis Air Force 
     Base, Nevada, host advanced combat training exercises known 
     as Red Flag for the United States Air Force and foreign 
     participants.
       (2) The Joint Pacific Alaska Range Complex and Nevada Test 
     and Training Range provide Red Flag participants with 
     realistic, large force complex training sites.
       (3) Participation in Red Flag exercises in the states of 
     Nevada and Alaska by foreign allies provides opportunity for 
     building partnerships and strengthening existing 
     partnerships.
       (4) The states of Nevada and Alaska provide the Department 
     of the Air Force unique training environments for purposes of 
     Red Flag exercises.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Red Flag exercises hosted in the states of Alaska and 
     Nevada are critically important to ensuring a ready force and 
     building partner capacity;
       (2) the Department of the Air Force should continue to 
     utilize both the Joint Pacific Alaska Range Complex and 
     Nevada Test and Training Range for Red Flag exercises and 
     other training opportunities; and
       (3) the Department of the Air Force should make 
     improvements and investments in the Joint Pacific Alaska 
     Range Complex and Nevada Test and Training Range to maximize 
     training opportunities in accordance with the 2025 Air Test 
     and Training Range Enhancement Plan.
                                 ______
                                 
  SA 4653. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 946, to enhance citizen access to Government 
information and services by establishing that Government documents 
issued to the public must be written clearly, and for other purposes; 
which was ordered to lie on the table as follows:

       On page 2, line 9, strike ``relevant to'' and insert 
     ``necessary for''.
       On page 2, strike lines 21 through 25 and insert the 
     following:
       (3) Plain writing.--The term ``plain writing'' means 
     writing that is clear, concise, well-organized, and follows 
     other best practices appropriate to the subject or field and 
     intended audience.
       On page 3, line 18, insert ``as required under paragraph 
     (2)'' after ``website''.

                          ____________________