[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7753-S7762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4673. Mr. WYDEN (for himself, Mr. Durbin, Mrs. Hagan, Mr. Kerry, 
Mr. Sanders, Mr. Tester, Mr. Merkley, and Mr. Goodwin) 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 V, add the following:

     SEC. 526. TEMPORARY RETENTION ON ACTIVE DUTY AFTER 
                   DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED 
                   DEPLOYMENTS IN CONTINGENCY OPERATIONS OR 
                   HOMELAND DEFENSE MISSIONS.

       (a) Temporary Retention on Active Duty.--
       (1) In general.--Chapter 1209 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 12323. Reserves: temporary retention on active duty 
       after demobilization following extended deployments in 
       contingency operations or homeland defense missions

       ``(a) In General.--Subject to subsection (d), a member of a 
     reserve component of the armed forces described in subsection 
     (b) shall be retained on active duty in the armed forces for 
     a period of 45 days following the conclusion of the member's 
     demobilization from a deployment as described in that 
     subsection, and shall be authorized the use of any accrued 
     leave.
       ``(b) Covered Members.--A member of a reserve component of 
     the armed forces described in this subsection is any member 
     of a reserve component of the armed forces who was deployed 
     for more than 269 days under the following:
       ``(1) A contingency operation.
       ``(2) A homeland defense mission (as specified by the 
     Secretary of Defense for purposes of this section).
       ``(c) Pay and Allowances.--Notwithstanding any other 
     provision of law, while a member is retained on active duty 
     under subsection (a), the member shall receive--
       ``(1) the basic pay payable to a member of the armed forces 
     under section 204 of title 37 in the same pay grade as the 
     member;
       ``(2) the basic allowance for subsistence payable under 
     section 402 of title 37; and
       ``(3) the basic allowance for housing payable under section 
     403 of title 37 for a member in the same pay grade, 
     geographic location, and number of dependents as the member.
       ``(d) Early Release From Active Duty.--(1) Subject to 
     paragraph (2), at the written request of a member retained on 
     active duty under subsection (a), the member shall be 
     released from active duty not later than the end of the 14-
     day period commencing on the date the request was received. 
     If such 14-day period would end after the end of the 45-day 
     period specified in subsection (a), the member shall be 
     released from active duty not later than the end of such 45-
     day period.
       ``(2) The request of a member for early release from active 
     duty under paragraph (1) may be denied only for medical or 
     personal safety reasons. The denial of the request shall 
     require the affirmative action of an officer in a grade above 
     O-5 who is in the chain of command of the member. If the 
     request is not denied before the end of the 14-day period 
     applicable under paragraph (1), the request shall be deemed 
     to be approved, and the member shall be released from active 
     duty as requested.
       ``(e) Reintegration Counseling and Services.--(1) The 
     Secretary of the military department concerned shall provide 
     each member retained on active duty under subsection (a), 
     while the member is so retained on active duty, counseling 
     and services to assist the member in reintegrating into 
     civilian life.
       ``(2) The counseling and services provided members under 
     this subsection shall include the following:
       ``(A) Physical and mental health evaluations.
       ``(B) Employment counseling and assistance.
       ``(C) Marriage and family counseling and assistance.
       ``(D) Financial management counseling.
       ``(E) Education counseling.
       ``(F) Counseling and assistance on benefits available to 
     the member through the Department of Defense and the 
     Department of Veterans Affairs.
       ``(3) The Secretary of the military department concerned 
     shall provide, to the extent practicable, for the 
     participation of appropriate family members of members 
     retained on active duty under subsection (a) in the 
     counseling and services provided such members under this 
     subsection.
       ``(4) The counseling and services provided to members under 
     this subsection shall, to the extent practicable, be provided 
     at National Guard armories and similar facilities close the 
     residences of such members.
       ``(5) Counseling and services provided a member under this 
     subsection shall, to the extent practicable, be provided in 
     coordination with the Yellow Ribbon Reintegration Program of 
     the State concerned under section 582 of the National Defense 
     Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 
     note).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1209 of such title is amended by adding 
     at the end the following new item:

``12323. Reserves: temporary retention on active duty after 
              demobilization following extended deployments in 
              contingency operations or homeland defense missions.''.
       (b) Funding for Fiscal Year 2011.--Amounts required during 
     fiscal year 2011 for the retention of members of reserve 
     components of the Armed Forces on active duty pursuant to 
     section 12323 of title 10, United States Code (as added by 
     subsection (a)), shall be derived from amounts authorized to 
     be appropriated for the Department of Defense for that fiscal 
     year for operation and maintenance for Defense-wide 
     activities (other than amounts authorized to be appropriated 
     to that account for activities of the reserve components of 
     the Armed Forces).
                                 ______
                                 
  SA 4674. Mr. INOUYE proposed an amendment to the bill H.R. 3081, 
making continuing appropriations for fiscal year 2011, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
     That the following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2011, and for other purposes, namely:
       Sec. 101.  Such amounts as may be necessary, at a rate for 
     operations as provided in the applicable appropriations Acts 
     for fiscal year 2010 and under the authority and conditions 
     provided in such Acts, for continuing projects or activities 
     (including the costs of direct loans and loan guarantees) 
     that are not otherwise specifically provided for in this Act, 
     that were conducted in fiscal year 2010, and for which 
     appropriations, funds, or other authority were made available 
     in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2010 
     (Public Law 111-80).
       (2) Division A of the Department of Defense Appropriations 
     Act, 2010 (division A of Public Law 111-118).
       (3) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85).
       (4) The Department of Homeland Security Appropriations Act, 
     2010 (Public Law 111-83) and section 601 of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212).
       (5) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2010 (division A of 
     Public Law 111-88).
       (6) The Legislative Branch Appropriations Act, 2010 
     (division A of Public Law 111-68).
       (7) The Consolidated Appropriations Act, 2010 (Public Law 
     111-117).
       (8) Chapter 3 of title I of the Supplemental Appropriations 
     Act, 2010 (Public Law 111-212), except for appropriations 
     under the heading ``Operation and Maintenance'' relating to 
     Haiti following the earthquake of January 12, 2010, or the 
     Port of Guam: Provided, That the amount provided for the 
     Department of Defense pursuant to this paragraph shall not 
     exceed a rate for operations of $29,387,401,000: Provided 
     further, That the Secretary of Defense shall allocate such 
     amount to each appropriation account, budget activity, 
     activity group, and subactivity group, and to each program, 
     project, and activity within each appropriation account, in 
     the same proportions as such appropriations for fiscal year 
     2010.

[[Page S7754]]

       (9) Section 102(c) of chapter 1 of title I of the 
     Supplemental Appropriations Act, 2010 (Public Law 111-212) 
     that addresses guaranteed loans in the rural housing 
     insurance fund.
       (10) The appropriation under the heading ``Department of 
     Commerce--United States Patent and Trademark Office'' in the 
     United States Patent and Trademark Office Supplemental 
     Appropriations Act, 2010 (Public Law 111-224).
       Sec. 102. (a) No appropriation or funds made available or 
     authority granted pursuant to section 101 for the Department 
     of Defense shall be used for (1) the new production of items 
     not funded for production in fiscal year 2010 or prior years; 
     (2) the increase in production rates above those sustained 
     with fiscal year 2010 funds; or (3) the initiation, 
     resumption, or continuation of any project, activity, 
     operation, or organization (defined as any project, 
     subproject, activity, budget activity, program element, and 
     subprogram within a program element, and for any investment 
     items defined as a P-1 line item in a budget activity within 
     an appropriation account and an R-1 line item that includes a 
     program element and subprogram element within an 
     appropriation account) for which appropriations, funds, or 
     other authority were not available during fiscal year 2010.
       (b) No appropriation or funds made available or authority 
     granted pursuant to section 101 for the Department of Defense 
     shall be used to initiate multi-year procurements utilizing 
     advance procurement funding for economic order quantity 
     procurement unless specifically appropriated later.
       Sec. 103.  Appropriations made by section 101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 104.  Except as otherwise provided in section 102, no 
     appropriation or funds made available or authority granted 
     pursuant to section 101 shall be used to initiate or resume 
     any project or activity for which appropriations, funds, or 
     other authority were not available during fiscal year 2010.
       Sec. 105.  Appropriations made and authority granted 
     pursuant to this Act shall cover all obligations or 
     expenditures incurred for any project or activity during the 
     period for which funds or authority for such project or 
     activity are available under this Act.
       Sec. 106.  Unless otherwise provided for in this Act or in 
     the applicable appropriations Act for fiscal year 2011, 
     appropriations and funds made available and authority granted 
     pursuant to this Act shall be available until whichever of 
     the following first occurs: (1) the enactment into law of an 
     appropriation for any project or activity provided for in 
     this Act; (2) the enactment into law of the applicable 
     appropriations Act for fiscal year 2011 without any provision 
     for such project or activity; or (3) December 3, 2010.
       Sec. 107.  Expenditures made pursuant to this Act shall be 
     charged to the applicable appropriation, fund, or 
     authorization whenever a bill in which such applicable 
     appropriation, fund, or authorization is contained is enacted 
     into law.
       Sec. 108.  Appropriations made and funds made available by 
     or authority granted pursuant to this Act may be used without 
     regard to the time limitations for submission and approval of 
     apportionments set forth in section 1513 of title 31, United 
     States Code, but nothing in this Act may be construed to 
     waive any other provision of law governing the apportionment 
     of funds.
       Sec. 109.  Notwithstanding any other provision of this Act, 
     except section 106, for those programs that would otherwise 
     have high initial rates of operation or complete distribution 
     of appropriations at the beginning of fiscal year 2011 
     because of distributions of funding to States, foreign 
     countries, grantees, or others, such high initial rates of 
     operation or complete distribution shall not be made, and no 
     grants shall be awarded for such programs funded by this Act 
     that would impinge on final funding prerogatives.
       Sec. 110.  This Act shall be implemented so that only the 
     most limited funding action of that permitted in the Act 
     shall be taken in order to provide for continuation of 
     projects and activities.
       Sec. 111. (a) For entitlements and other mandatory payments 
     whose budget authority was provided in appropriations Acts 
     for fiscal year 2010, and for activities under the Food and 
     Nutrition Act of 2008, activities shall be continued at the 
     rate to maintain program levels under current law, under the 
     authority and conditions provided in the applicable 
     appropriations Act for fiscal year 2010, to be continued 
     through the date specified in section 106(3).
       (b) Notwithstanding section 106, obligations for mandatory 
     payments due on or about the first day of any month that 
     begins after October 2010 but not later than 30 days after 
     the date specified in section 106(3) may continue to be made, 
     and funds shall be available for such payments.
       Sec. 112.  Amounts made available under section 101 for 
     civilian personnel compensation and benefits in each 
     department and agency may be apportioned up to the rate for 
     operations necessary to avoid furloughs within such 
     department or agency, consistent with the applicable 
     appropriations Act for fiscal year 2010, except that such 
     authority provided under this section shall not be used until 
     after the department or agency has taken all necessary 
     actions to reduce or defer non-personnel-related 
     administrative expenses.
       Sec. 113.  Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 10 of Public Law 91-672 
     (22 U.S.C. 2412), section 15 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
     Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 114.  The following amounts are designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010:
       (1) Amounts incorporated by reference in this Act that were 
     previously designated as available for overseas deployments 
     and other activities pursuant to such concurrent resolution.
       (2) Amounts made available pursuant to paragraph (8) of 
     section 101 of this Act.
       Sec. 115.  Notwithstanding any other provision of this Act, 
     funds appropriated under the heading ``Food for Peace Title 
     II Grants'' in chapter 1 of title I of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212) may be used to 
     reimburse obligations incurred for the purposes provided 
     therein prior to the enactment of such Act.
       Sec. 116.  The authority provided by section 18(h)(5) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769(h)(5)) shall continue in effect through the earlier of 
     the date of enactment of an authorization Act related to the 
     Richard B. Russell National School Lunch Act or the date 
     specified in section 106(3) of this Act.
       Sec. 117.  Notwithstanding section 101, amounts are 
     provided for ``Department of Commerce--Bureau of the Census--
     Periodic Censuses and Programs'', for necessary expenses to 
     collect and publish statistics for periodic censuses and 
     programs provided for by law, at a rate for operations of 
     $964,315,000.
       Sec. 118.  The authority provided by section 1202 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163), as most recently amended by section 
     1222 of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 2518), shall continue 
     in effect through the date specified in section 106(3) of 
     this Act.
       Sec. 119.  Notwithstanding subsection (b) of section 310 of 
     the Supplemental Appropriations Act, 2009 (Public Law 111-32; 
     123 Stat. 1870), a claim described in that subsection that is 
     submitted before the date specified in section 106(3) of this 
     Act shall be treated as a claim for which payment may be made 
     under such section 310.
       Sec. 120. (a) Rescission.--The unobligated balance of 
     authority provided for investigations under the heading 
     ``Department of Defense--Civil, Department of the Army, Corps 
     of Engineers--Civil, Investigations'', in chapter 4 of title 
     I of the Supplemental Appropriations Act, 2010 (Public Law 
     111-212; 124 Stat. 2312) is rescinded as of the date of 
     enactment of this Act.
       (b) Appropriation.--Notwithstanding any other provision in 
     this Act--
       (1) there is appropriated to the Department of the Army, 
     Corps of Engineers, an amount equal to the unobligated 
     balance rescinded by subsection (a), to remain available 
     until expended, for investigations;
       (2) that such amount be available on the date of enactment 
     of this Act; and
       (3) the amount is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
       Sec. 121. (a) Rescission.--The unobligated balance of 
     authority provided for in section 401 of chapter 4 of title I 
     of the Supplemental Appropriations Act, 2010 (Public Law 111-
     212; 124 Stat. 2313) for drought emergency assistance is 
     rescinded as of the date of enactment of this Act.
       (b) Appropriation.--Notwithstanding any other provision in 
     this Act--
       (1) there is appropriated to the Bureau of Reclamation, an 
     amount equal to the unobligated balance rescinded by 
     subsection (a), to remain available until expended, for 
     drought emergency assistance: Provided, That financial 
     assistance may be provided under the Reclamation States 
     Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) 
     and any other applicable Federal law (including regulations) 
     for the optimization and conservation of project water 
     supplies to assist drought-plagued areas of the West;
       (2) that such amount be available on the date of enactment 
     of this Act; and
       (3) the amount is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
       Sec. 122. Notwithstanding section 101, amoutns are provided 
     for ``Department of Energy--Weapons Activities'' at a rate 
     for operations of $7,008,835,000.
       Sec. 123.  Notwithstanding any other provision of this Act, 
     except section 106, the District of Columbia may expend local 
     funds for programs and activities under the heading 
     ``District of Columbia Funds'' for such programs and 
     activities under title IV of S. 3677 (111th Congress), as 
     reported by the Committee on Appropriations of the Senate, at 
     the rate set forth under ``District of Columbia Funds'' as 
     included in the Fiscal Year 2011 Budget Request Act (D.C. Act 
     18-448), as modified as of the date of the enactment of this 
     Act.
       Sec. 124.  Section 550(b) of Public Law 109-295, as amended 
     by section 550 of Public Law

[[Page S7755]]

     111-83, shall be applied by substituting the date specified 
     in section 106(3) of this Act for ``October 4, 2010''.
       Sec. 125.  Section 203(m) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5133(m)) shall be applied by substituting the date specified 
     in section 106(3) of this Act for ``September 30, 2010''.
       Sec. 126.  Any funds made available pursuant to section 101 
     for the Federal Air Marshals may be obligated at a rate for 
     operations not exceeding that necessary to sustain domestic 
     and international flight coverage at the same level as the 
     final quarter of fiscal year 2010.
       Sec. 127.  Any funds made available pursuant to section 101 
     for U.S. Customs and Border Protection may be obligated at a 
     rate for operations not exceeding that necessary to sustain 
     the numbers of personnel in place in the final quarter of 
     fiscal year 2010. The Commissioner of U.S. Customs and Border 
     Protection shall notify the Committees on Appropriations of 
     the House of Representatives and the Senate on each use of 
     the authority provided in this section.
       Sec. 128.  Notwithstanding section 101, amounts are 
     provided for ``Department of the Interior--Minerals 
     Management Service--Royalty and Offshore Minerals 
     Management'' at a rate for operations of $365,000,000: 
     Provided, That amounts provided herein from the general fund 
     shall be reduced in an amount not to exceed $154,890,000, as 
     receipts from increases to rates in effect on August 5, 1993, 
     and from cost recovery fees are received: Provided further, 
     That of the prior-year unobligated balances available for 
     ``Department of the Interior--Minerals Management Service--
     Royalty and Offshore Minerals Management'', $25,000,000 are 
     rescinded.
       Sec. 129.  Section 2(e)(1)(B) of Public Law 109-129 shall 
     be applied by substituting the date specified in section 
     106(3) of this Act for ``September 30, 2010''.
       Sec. 130.  From funds transferred to ``Department of Health 
     and Human Services--Office of the Secretary--Public Health 
     and Social Services Emergency Fund'' by Public Law 111-117 in 
     the fourth paragraph under such heading, amounts shall be 
     available through the date specified in section 106(3) of 
     this Act to support advanced research and development 
     pursuant to section 319L of the Public Health Service Act, at 
     a rate for operations of $305,000,000.
       Sec. 131. (a) Extension of the Temporary Assistance for 
     Needy Families Program.--Activities authorized by part A of 
     title IV and section 1108(b) of the Social Security Act 
     (other than the Emergency Contingency Fund for State 
     Temporary Assistance for Needy Families Programs established 
     under subsection (c) of section 403 of such Act) shall 
     continue through the date specified in section 106(3) of this 
     Act in the manner authorized for fiscal year 2010, subject to 
     the amendments made by subsection (b) of this section, and 
     out of any money in the Treasury of the United States not 
     otherwise appropriated, there are hereby appropriated such 
     sums as may be necessary for such purpose. Grants and 
     payments may be made pursuant to this authority through the 
     applicable portion of the first quarter of fiscal year 2011 
     at the pro rata portion of the level provided for such 
     activities through the first quarter of fiscal year 2010.
       (b) Conforming Amendments.--
       (1) Supplemental grants for population increases.--Section 
     403(a)(3)(H)(ii) of the Social Security Act (42 U.S.C. 
     603(a)(3)(H)(ii)) is amended to read as follows:
       ``(ii) subparagraph (G) shall be applied as if `the date 
     specified in section 106(3) of the Continuing Appropriations 
     Act, 2011' were substituted for `fiscal year 2001'; and''.
       (2) Contingency fund.--
       (A) Deposit into fund.--Section 403(b)(2) of such Act (42 
     U.S.C. 603(b)(2)) is amended--
       (i) by striking ``fiscal years 1997'' and all that follows 
     through ``2003'' and inserting ``fiscal years 2011 and 
     2012''; and
       (ii) by striking ``$2,000,000,000'' and inserting ``, in 
     the case of fiscal year 2011, $506,000,000 and in the case of 
     fiscal year 2012, $612,000,000''.
       (B) Conforming amendment.--Section 403(b)(3)(C)(ii) of such 
     Act (42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking 
     ``fiscal years 1997 through 2010 shall not exceed the total 
     amount appropriated pursuant to paragraph (2)'' and inserting 
     ``fiscal year 2011 and 2012, respectively, shall not exceed 
     the total amount appropriated pursuant to paragraph (2) for 
     each such fiscal year''.
       (3) Maintenance of effort.--Section 409(a)(7) of such Act 
     (42 U.S.C. 609(a)(7)) is amended--
       (A) in subparagraph (A), by striking ``or 2011'' and 
     inserting ``2011, or 2012''; and
       (B) in subparagraph (B)(ii), by striking ``2010'' and 
     inserting ``2011''.
       Sec. 132.  Activities authorized by section 429 of the 
     Social Security Act shall continue through September 30, 
     2011, in the manner authorized for fiscal year 2010, and out 
     of any money in the Treasury of the United States not 
     otherwise appropriated, there are hereby appropriated such 
     sums as may be necessary for such purpose. Grants and 
     payments may be made pursuant to this authority on a 
     quarterly basis through fiscal year 2011 at the level 
     provided for such activities for the corresponding quarter of 
     fiscal year 2010.
       Sec. 133.  Effective October 1, 2010, subpart 2 of part B 
     of title IV of the Social Security Act is amended--
       (1) in section 436 (42 U.S.C. 629f)--
       (A) in subsection (a)--
       (i) by striking ``2011'' and inserting ``2010''; and
       (ii) by inserting before the period the following: ``, and 
     $365,000,000 for fiscal year 2011''; and
       (B) by striking ``$10,000,000'' in subsection (b)(2) and 
     inserting ``$30,000,000''; and
       (2) in section 438 (42 U.S.C. 629h)--
       (A) by striking ``2010'' in subsection (c)(2)(A) and 
     inserting ``2011''; and
       (B) by adding at the end of subsection (e) the following 
     flush sentence: ``For fiscal year 2011, out of the amount 
     reserved pursuant to section 436(b)(2) for such fiscal year, 
     there are available $10,000,000 for grants referred to in 
     subsection (b)(2)(B), and $10,000,000 for grants referred to 
     in subsection (b)(2)(C).''.
       Sec. 134.  Notwithstanding any other provision of this Act, 
     for payment in equal shares to the children and grandchildren 
     of Robert C. Byrd, $193,400 is appropriated.
       Sec. 135.  Notwithstanding section 101, amounts are 
     provided for deposit into ``Department of Defense Base 
     Closure Account 2005'' at a rate for operations of 
     $2,354,285,000.
       Sec. 136.  Notwithstanding section 101, amounts are 
     provided for ``Department of State--Administration of Foreign 
     Affairs--Diplomatic and Consular Programs'' at a rate for 
     operations of $8,601,000,000.
       Sec. 137.  Notwithstanding section 101, amounts are 
     provided for ``International Security Assistance--Funds 
     Appropriated to the President--Foreign Military Financing 
     Program'' at a rate for operations of $5,160,000,000, of 
     which not less than $2,775,000,000 shall be available for 
     grants only for Israel, not less than $1,300,000,000 shall be 
     available for grants only for Egypt, and not less than 
     $300,000,000 shall be available for assistance for Jordan: 
     Provided, That the dollar amount in the fourth proviso under 
     such heading in title IV of division F of Public Law 111-117 
     shall be deemed to be $729,825,000.
       Sec. 138. (a) Notwithstanding section 101, amounts are 
     provided for ``International Security Assistance--Funds 
     Appropriated to the President--Pakistan Counterinsurgency 
     Capability Fund'' at a rate for operations of $700,000,000.
       (b) Amounts provided by subsection (a) shall be available 
     to the Secretary of State under the terms and conditions 
     provided for this Fund in Public Law 111-32 and Public Law 
     111-212 through the date specified in section 106(3) of this 
     Act.
       Sec. 139.  Section 1(b)(2) of the Passport Act of June 4, 
     1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting 
     the date specified in section 106(3) of this Act for 
     ``September 30, 2010''.
       Sec. 140. (a) Section 1115(d) of Public Law 111-32 shall be 
     applied by substituting the date specified in section 106(3) 
     of this Act for ``October 1, 2010''.
       (b) Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) shall be applied by substituting the date 
     specified in section 106(3) of this Act for ``October 1, 
     2010'' in paragraph (2).
       (c) Section 61(a) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733(a)) shall be applied by 
     substituting the date specified in section 106(3) of this Act 
     for ``October 1, 2010'' in paragraph (2).
       (d) Section 625(j)(1) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2385(j)(1)) shall be applied by substituting the 
     date specified in section 106(3) of this Act for ``October 1, 
     2010'' in subparagraph (B).
       Sec. 141.  The authority provided by section 1334 of the 
     Foreign Affairs Reform and Restructuring Act of 1998 (22 
     U.S.C. 6553) shall remain in effect through the date 
     specified in section 106(3) of this Act.
       Sec. 142.  Commitments to guarantee loans incurred under 
     the General and Special Risk Insurance Funds, as authorized 
     by sections 238 and 519 of the National Housing Act (12 
     U.S.C. 1715z-3 and 1735c), shall not exceed a rate for 
     operations of $20,000,000,000: Provided, That total loan 
     principal, any part of which is to be guaranteed, may be 
     apportioned through the date specified in section 106(3) of 
     this Act, at $80,000,000 multiplied by the number of days 
     covered by this Act.
       Sec. 143.  The provisions of title II of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall 
     continue in effect, notwithstanding section 209 of such Act, 
     through the earlier of: (1) the date specified in section 
     106(3) of this Act; or (2) the date of the enactment into law 
     of an authorization Act relating to the McKinney-Vento 
     Homeless Assistance Act.
       Sec. 144.  Notwithstanding any other provision of law or of 
     this Act, for mortgages for which the mortgagee issues credit 
     approval for the borrower during fiscal year 2011, the second 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-20(g)) shall be considered to require that in no 
     case may the benefits of insurance under such section 255 
     exceed 150 percent of the maximum dollar amount in effect 
     under the sixth sentence of section 305(a)(2) of the Federal 
     Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
       Sec. 145. (a) Loan Limit Floor Based on 2008 Levels.--For 
     mortgages for which the mortgagee issues credit approval for 
     the borrower during fiscal year 2011, if the dollar amount 
     limitation on the principal obligation of a mortgage 
     determined under section 203(b)(2) of the National Housing 
     Act (12 U.S.C. 1709(b)(2)) for any size residence for any 
     area is less than such dollar amount limitation that was in 
     effect for such size residence for such area for 2008 
     pursuant to section 202 of the Economic Stimulus Act of 2008 
     (Public Law 110-185; 122 Stat. 620), notwithstanding any 
     other provision of law or of

[[Page S7756]]

     this Act, the maximum dollar amount limitation on the 
     principal obligation of a mortgage for such size residence 
     for such area for purposes of such section 203(b)(2) shall be 
     considered (except for purposes of section 255(g) of such Act 
     (12 U.S.C. 1715z-20(g))) to be such dollar amount limitation 
     in effect for such size residence for such area for 2008.
       (b) Discretionary Authority for Sub-areas.--Notwithstanding 
     any other provision of law or of this Act, if the Secretary 
     of Housing and Urban Development determines, for any 
     geographic area that is smaller than an area for which dollar 
     amount limitations on the principal obligation of a mortgage 
     are determined under section 203(b)(2) of the National 
     Housing Act, that a higher such maximum dollar amount 
     limitation is warranted for any particular size or sizes of 
     residences in such sub-area by higher median home prices in 
     such sub-area, the Secretary may, for mortgages for which the 
     mortgagee issues credit approval for the borrower during 
     fiscal year 2011, increase the maximum dollar amount 
     limitation for such size or sizes of residences for such sub-
     area that is otherwise in effect (including pursuant to 
     subsection (a) of this section), but in no case to an amount 
     that exceeds the amount specified in section 202(a)(2) of the 
     Economic Stimulus Act of 2008.
       Sec. 146. (a) Loan Limit Floor Based on 2008 Levels.--For 
     mortgages originated during fiscal year 2011, if the 
     limitation on the maximum original principal obligation of a 
     mortgage that may be purchased by the Federal National 
     Mortgage Association or the Federal Home Loan Mortgage 
     Corporation determined under section 302(b)(2) of the Federal 
     National Mortgage Association Charter Act (12 U.S.C. 
     1717(b)(2)) or section 305(a)(2) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1754(a)(2)) respectively, 
     for any size residence for any area is less than such maximum 
     original principal obligation limitation that was in effect 
     for such size residence for such area for 2008 pursuant to 
     section 201 of the Economic Stimulus Act of 2008 (Public Law 
     110-185; 122 Stat. 619), notwithstanding any other provision 
     of law or of this Act, the limitation on the maximum original 
     principal obligation of a mortgage for such Association and 
     Corporation for such size residence for such area shall be 
     such maximum limitation in effect for such size residence for 
     such area for 2008.
       (b) Discretionary Authority for Sub-areas.--Notwithstanding 
     any other provision of law or of this Act, if the Director of 
     the Federal Housing Finance Agency determines, for any 
     geographic area that is smaller than an area for which 
     limitations on the maximum original principal obligation of a 
     mortgage are determined for the Federal National Mortgage 
     Association or the Federal Home Loan Mortgage Corporation, 
     that a higher such maximum original principal obligation 
     limitation is warranted for any particular size or sizes of 
     residences in such sub-area by higher median home prices in 
     such sub-area, the Director may, for mortgages originated 
     during fiscal year 2011, increase the maximum original 
     principal obligation limitation for such size or sizes of 
     residences for such sub-area that is otherwise in effect 
     (including pursuant to subsection (a) of this section) for 
     such Association and Corporation, but in no case to an amount 
     that exceeds the amount specified in the matter following the 
     comma in section 201(a)(l)(B) of the Economic Stimulus Act of 
     2008.
       This Act may be cited as the ``Continuing Appropriations 
     Act, 2011''.

                                 ______
                                 
  SA 4675. Mr. LeMIEUX (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3081, making continuing appropriations for fiscal year 2011, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


 water quality standards for the state of florida's lakes and flowing 
                                 waters

       Sec. ___. None of the funds appropriated or otherwise made 
     available by this Act or any other provision of law may be 
     used to finalize, promulgate, implement, administer, or 
     enforce any final rule or requirement based on the proposed 
     rule entitled ``Water Quality Standards for the State of 
     Florida's Lakes and Flowing Waters'' (75 Fed. Reg. 4174, 
     January 26, 2010).
                                 ______
                                 
  SA 4676. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 4674 proposed by Mr. Inouye to the bill H.R. 3081, making 
continuing appropriations for fiscal year 2011, and for other purposes; 
as follows:

       Strike section 101 and insert the following:
       Sec. 101. (a) Such amounts as may be necessary, at a rate 
     for operations as provided in the applicable appropriations 
     Acts for fiscal year 2010 and under the authority and 
     conditions provided in such Acts, for continuing projects or 
     activities (including the costs of direct loans and loan 
     guarantees) that are not otherwise specifically provided for 
     in this Act, that were conducted in fiscal year 2010, and for 
     which appropriations, funds, or other authority were made 
     available in the following appropriations Acts:
       (1) Division A of the Department of Defense Appropriations 
     Act, 2010 (division A of Public Law 111-118)
       (2) The Department of Homeland Security Appropriations Act, 
     2010 (Public Law 111-83) and section 601 of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212).
       (3) The Military Construction and Veterans Affairs and 
     Related Agencies Appropriations Act, 2010, division E of the 
     Consolidated Appropriations Act, 2010 (Public Law 111-117).
       (4) Chapter 3 of title I of the Supplemental Appropriations 
     Act, 2010 (Public Law 111-212), except for appropriations 
     under the heading ``Operation and Maintenance'' relating to 
     Haiti following the earthquake of January 12, 2010, or the 
     Port of Guam: Provided, That the amount provided for the 
     Department of Defense pursuant to this paragraph shall not 
     exceed a rate for operations of $29,387,401,000: Provided 
     further, That the Secretary of Defense shall allocate such 
     amount to each appropriation account, budget activity, 
     activity group, and subactivity group, and to each program, 
     project, and activity within each appropriation account, in 
     the same proportions as such appropriations for fiscal year 
     2010.
       (5) Section 102(c) of chapter 1 of title I of the 
     Supplemental Appropriations Act, 2010 (Public Law 111-212) 
     that addresses guaranteed loans in the rural housing 
     insurance fund.
       (6) The appropriation under the heading ``Department of 
     Commerce--United States Patent and Trademark Office'' in the 
     United States Patent and Trademark Office Supplemental 
     Appropriations Act, 2010 (Public Law 111-224).
       (b) Such amounts as may be necessary, at a rate for 
     operations 5 percent less than the applicable appropriations 
     Acts for fiscal year 2010 and under the authority and 
     conditions provided in such Acts, for continuing projects or 
     activities (including the costs of direct loans and loan 
     guarantees) that are not otherwise specifically provided for 
     in this Act, that were conducted in fiscal year 2010, and for 
     which appropriations, funds, or other authority were made 
     available in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2010 
     (Public Law 111-80).
       (2) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85).
       (3) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2010 (division A of 
     Public Law 111-88).
       (4) The Legislative Branch Appropriations Act, 2010 
     (division A of Public Law 111-68).
       (5) The Consolidated Appropriations Act, 2010 (Public Law 
     111-117), except for division E.
                                 ______
                                 
  SA 4677. Mr. DeMINT proposed an amendment to amendment SA 4674 
proposed by Mr. Inouye to the bill H.R. 3081, making continuing 
appropriations for fiscal year 2011, and for other purposes; as 
follows:

       Section 106(3) of the bill is amended by striking 
     ``December 3, 2010'' and inserting ``February 4, 2011''.
                                 ______
                                 
  SA 4678. Mr. WYDEN (for himself, Mrs. Lincoln, Mrs. Shaheen, and Mr. 
Merkley) submitted an amendment intended to be proposed by him to the 
bill S. 3663, to promote clean energy jobs and oil company 
accountability, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 345, line 7, strike ``or''.
       On page 345, line 17, strike the period and insert ``; 
     or''.
       On page 345, between lines 17 and 18, insert the following:
       (C) the use of software or databases, approved by the 
     Secretary, that analyze, integrate, or optimize the installed 
     energy performance of building materials and products, such 
     as energy efficient wood products, used in the retrofit.
                                 ______
                                 
  SA 4679. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3663, to promote clean energy jobs and oil company 
accountability, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 308, between lines 22 and 23, add the following:
       (13) Home area network.--The term ``home area network'' 
     means a wireless or wired network that connects a home energy 
     management system to--
       (A) smart meters and various smart energy devices; and
       (B) devices that enable simultaneous networking of multiple 
     sensors and embedded computing devices that monitor and 
     adjust energy use.
       (14) Home energy management system.--The term ``home energy 
     management system'' means a system that--
       (A) is installed in a home by an accredited contractor that 
     meets the minimum applicable requirements established under 
     section 3004;
       (B) uses a combination of in-home display and computing 
     devices, computer software, control equipment, sensors, and 
     instrumentation to monitor or submeter and manage the energy 
     use of a home by automating the control of programmable 
     communicating thermostats to control--

[[Page S7757]]

       (i) the ventilation, cooling, and heating of a home;
       (ii) load control devices that control water heaters, pool 
     pumps, and other plug loads;
       (iii) lighting; or
       (iv) smart appliances, such as washers, dryers, and 
     refrigerators; and
       (C) provides reporting of information to the owner or 
     occupant of a home to enable refinement of energy usage.
       On page 308, line 23, strike ``(13)'' and insert ``(15)''.
       On page 309, line 1, strike ``(14)'' and insert ``(16)''.
       On page 309, line 5, strike ``(15)'' and insert ``(17)''.
       On page 309, line 9, strike ``(16)'' and insert ``(18)''.
       On page 309, line 13, strike ``(17)'' and insert ``(19)''.
       On page 309, line 18, strike ``(18)'' and insert ``(20)''.
       On page 309, line 22, strike ``(19)'' and insert ``(21)''.
       On page 310, line 5, strike ``(20)'' and insert ``(22)''.
       On page 310, line 22, strike ``(21)'' and insert ``(23)''.
       On page 311, line 1, strike ``(22)'' and insert ``(24)''.
       On page 311, line 4, strike ``(23)'' and insert ``(25)''.
       On page 311, line 9, strike ``(24)'' and insert ``(26)''.
       On page 311, line 11, strike ``(25)'' and insert ``(27)''.
       On page 311, line 15, strike ``(26)'' and insert ``(28)''.
       On page 312, line 1, strike ``(27)'' and insert ``(29)''.
       On page 312, line 16, strike ``(28)'' and insert ``(30)''.
       On page 312, line 20, strike ``(29)'' and insert ``(31)''.
       On page 335, between lines 5 and 6, insert the following:
       (17) The purchase and installation of a home energy 
     management system or home area network monitoring system 
     for--
       (A) a home that has an analog pneumatic or electronic 
     energy control system; or
       (B) a home that does not have a energy control system.
       On page 335, line 7, strike ``(16)'' and insert ``(17)''.
       On page 338, between lines 6 and 7, insert the following:
       (5) Home energy management systems and home area network 
     monitoring systems.--Except as provided in paragraph (4), the 
     total amount of a rebate provided to the owner of a home or a 
     designee for the purchase and installation of a home energy 
     management system or home area network monitoring system 
     under subsection (b)(17) shall be equal to the lesser of--
       (A) $1,000 per measure; or
       (B) 50 percent of the cost of installing and purchasing the 
     home energy management system or home area network monitoring 
     system.
                                 ______
                                 
  SA 4680. Mr. WYDEN 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 443, after line 23, add the following:

     SEC. 10__. COORDINATION AND EXPEDITED APPROVAL OF RENEWABLE 
                   ENERGY FACILITY SITING.

       (a) Establishment.--There shall be established, within the 
     Executive Office of the President, the position of Director 
     of Renewable Energy Facility Siting (referred to in this 
     section as the ``Director''), to be appointed by the 
     President by and with the advice and consent of the Senate.
       (b) Duties.--The Director shall--
       (1) coordinate and expedite the review by Federal agencies 
     of projects involving the siting of renewable energy projects 
     in cases in which the review is otherwise required by law;
       (2) resolve siting conflicts, including through the 
     development of mitigation measures; and
       (3) issue final executive branch approval or disapproval 
     for the projects in accordance with subsection (e).
       (c) Agency Procedures.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Director, in coordination with 
     Director of the Office of Management and Budget, shall 
     establish--
       (A) procedures under which each Federal agency with a 
     responsibility or interest under law in projects involving 
     the siting of renewable energy facilities within the United 
     States to notify the Director of those responsibilities or 
     interests; and
       (B) procedures for the coordination of any required 
     assessment or review of proposed projects.
       (2) Responsibilities and interests.--For purposes of 
     paragraph (1), responsibilities and interests shall include 
     impacts on national security, energy security, public health 
     and safety, and the environment.
       (3) Publication.--As soon as practicable after notification 
     by affected agencies under paragraph (1), the Director shall 
     publish in the Federal Register a list of the affected 
     agencies and the responsibilities and interests of each 
     affected agency.
       (d) Notification Procedures.--Not later than 90 days after 
     the date of enactment of this Act, the Director shall 
     establish procedures that require the sponsors of renewable 
     energy projects requiring review by a Federal agency to 
     notify the Director of, with respect to each such proposed 
     project--
       (1) the location;
       (2) the energy technology to be used;
       (3) the energy output of the project; and
       (4) the schedule for project development.
       (e) Review and Approval Process.--
       (1) In general.--The Director shall ensure that each 
     Federal agency with responsibility to assess any aspect of a 
     proposed facility under this section--
       (A) completes the review of the project in a timely manner; 
     and
       (B) provides to the Director any assessments, 
     determinations, or analyses required under law.
       (2) Final approval or disapproval.--If the agency 
     assessments, determinations, or analyses provided under 
     paragraph (1)(B) fail to fully resolve any siting issue, 
     based on the administrative record or on appeal by a project 
     sponsor or party to the proceeding, the Director may issue a 
     final decision approving or disapproving a project.
       (f) Judicial Review.--A final decision by the Director to 
     approve or disapprove the siting of a proposed renewable 
     energy facility shall be considered a final agency action and 
     subject to review in the United States Court of Appeals for 
     the District of Columbia Circuit.
       (g) NEPA.--
       (1) In general.--Except as provided in paragraph (2), 
     nothing in this section waives or alters any requirements 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (2) Exception.--Notwithstanding paragraph (1), if the 
     environmental impact of a proposed facility is subject to an 
     environmental impact statement or similar analysis required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) by an agency described in subsection 
     (c), a final decision by the Director shall not be considered 
     a separate agency action subject to that Act.
       (h) Improvement of Agency Policies and Functions.--For the 
     purpose of more effective siting of renewable energy 
     facilities, the Director shall evaluate the objectives and 
     procedures used by agencies described in subsection (c) for 
     the purpose of making recommendations to the President to 
     improve agency coordination and approval of the facilities.
       (i) Relationship to Other Requirements.--Nothing in this 
     section affects the obligations of any agency to comply with 
     any other provision of law.

     SEC. 10__. AIR NAVIGATION REVIEW OF WIND TURBINES.

       Section 44718 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(e) Wind Energy Turbines and Studies.--In carrying out 
     this section related to construction of a wind energy turbine 
     and conducting any associated aeronautical study, the 
     Secretary shall--
       ``(1) require any entity proposing to construct a turbine 
     or group of turbines to notify the Federal Aviation 
     Administration not later than 30 days after the date the 
     entity files for approval to construct the project with the 
     applicable local, State, or Federal siting authority;
       ``(2) afford the entity an opportunity to file project 
     plans, locations, descriptions, mitigation measures, or other 
     information that will assist the Secretary in the review and 
     mitigation of any impacts to the maximum extent practicable; 
     and
       ``(3) notify the Secretary of Defense not later than 30 
     days after the receipt by the Administration of a proposal 
     received pursuant to paragraph (1) and coordinate receipt of 
     any comments, or recommendations for mitigation measures 
     pertaining to the proposal, by the Secretary of Defense as 
     soon as practicable but not later than 30 days following an 
     approval to construct pursuant to paragraph (1).''.
                                 ______
                                 
  SA 4681. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3813, to amend the Public Utility Regulatory 
Policies Act of 1978 to establish a Federal renewable electricity 
standard, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 15, line 12, strike ``and''.
       On page 16, line 6, strike the period and insert ``; and''.
       On page 16, between lines 6 and 7, insert the following:
       ``(J) ensure that each kilowatt-hour of electric energy 
     delivered from an energy storage system that was originally 
     generated with a renewable resource receives 1 credit.''.
                                 ______
                                 
  SA 4682. Mr. INOUYE proposed an amendment to the bill H.R. 3081, 
making continuing appropriations for fiscal year 2011, and for other 
purposes; as follows:

       Amend the title so as to read: ``Making continuing 
     appropriations for fiscal year 2011, and for other 
     purposes''.

[[Page S7758]]

                                 ______
                                 
  SA 4683. Mr. REID (for Mr. DeMint) proposed an amendment to the 
resolution of ratification for Treaty Doc. 110-21, Hague Convention on 
the International Recovery of Child Support and Other Forms of Family 
Maintenance, adopted at The Hague on November 23, 2007, and signed by 
the United States on that same date; as follows:

       In the section heading for section 1, strike ``TWO 
     RESERVATIONS AND THREE DECLARATIONS'' and insert ``TWO 
     RESERVATIONS, ONE UNDERSTANDING, AND THREE DECLARATIONS''.
       In section 1, strike ``the reservations of section 2, the 
     declaration of section 3, and the declarations of section 4'' 
     and insert ``the reservations of section 2, the understanding 
     of section 3, the declaration of section 4, and the 
     declarations of section 5''.

       Strike ``SEC. 3. DECLARATION'' and insert the following:

     SEC. 3. UNDERSTANDING.

       The advice and consent of the Senate under section 1 is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       The United States is not a party to the Convention on the 
     Rights of the Child and understands that a mention of the 
     Convention in the preamble of this Treaty does not create any 
     obligations and does not affect or enhance the status of the 
     Convention as a matter of United States or international law.

     SEC. 4. DECLARATION.

       Strike ``SEC. 4. DECLARATIONS'' and insert ``sec. 5. 
     declarations''.
                                 ______
                                 
  SA 4684. Ms. CANTWELL proposed an amendment to the bill H.R. 3619, to 
authorize appropriations for the Coast Guard for fiscal year 2010, and 
for other purposes; as follows:

       In section 617(b), in the quoted subsection (d), strike 
     ``Individuals Qualified as Able Seamen.--Offshore'' and 
     insert ``Individuals qualified as able seamen--offshore''.
       Strike section 917 and insert the following:


     ``SEC. 917. MARITIME LAW ENFORCEMENT.

       ``(a) Penalties.--Subsection (b) of section 2237 of title 
     18, United States Code, is amended to read as follows:
       `` `(b)(1) Except as otherwise provided in this subsection, 
     whoever knowingly violates subsection (a) shall be fined 
     under this title or imprisoned for not more than 5 years, or 
     both.
       `` `(2)(A) If the offense is one under paragraph (1) or 
     (2)(A) of subsection (a) and has an aggravating factor set 
     forth in subparagraph (B) of this paragraph, the offender 
     shall be fined under this title or imprisoned for any term of 
     years or life, or both.
       `` `(B) The aggravating factor referred to in subparagraph 
     (A) is that the offense--
       `` `(i) results in death; or
       `` `(ii) involves--
       `` `(I) an attempt to kill;
       `` `(II) kidnapping or an attempt to kidnap; or
       `` `(III) an offense under section 2241.
       `` `(3) If the offense is one under paragraph (1) or (2)(A) 
     of subsection (a) and results in serious bodily injury (as 
     defined in section 1365), the offender shall be fined under 
     this title or imprisoned for not more than 15 years, or both.
       `` `(4) If the offense is one under paragraph (1) or (2)(A) 
     of subsection (a), involves knowing transportation under 
     inhumane conditions, and is committed in the course of a 
     violation of section 274 of the Immigration and Nationality 
     Act, or chapter 77 or section 113 (other than under 
     subsection (a)(4) or (a)(5) of such section) or 117 of this 
     title, the offender shall be fined under this title or 
     imprisoned for not more than 15 years, or both.'.
       ``(b) Definition.--Section 2237(e) of title 18, United 
     States Code, is amended--
       ``(1) by amending paragraph (3) to read as follows:
       `` `(3) the term ``vessel subject to the jurisdiction of 
     the United States'' has the meaning given the term in section 
     70502 of title 46;';
       ``(2) in paragraph (4), by striking `section 2 of the 
     Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903).' and 
     inserting `section 70502 of title 46; and'; and
       ``(3) by adding at the end the following new paragraph:
       `` `(5) the term ``transportation under inhumane 
     conditions'' means--
       `` `(A) transportation--
       `` `(i) of one or more persons in an engine compartment, 
     storage compartment, or other confined space;
       `` `(ii) at an excessive speed; or
       `` `(iii) of a number of persons in excess of the rated 
     capacity of the vessel; or
       `` `(B) intentional grounding of a vessel in which persons 
     are being transported.'.''.
       Strike section 1032(b) and insert the following:
       ``(b) Violations; Subpoenas.--
       ``(1) In general.--In any investigation under this section, 
     the Secretary may issue a subpoena to require the attendance 
     of a witness or the production of documents or other evidence 
     if--
       ``(A) before the issuance of the subpoena, the Secretary 
     requests a determination by the Attorney General of the 
     United States as to whether the subpoena will interfere with 
     a criminal investigation; and
       ``(B) the Attorney General--
       ``(i) determines that the subpoena will not interfere with 
     a criminal investigation; or
       ``(ii) fails to make a determination under clause (i) 
     before the date that is 30 days after the date on which the 
     Secretary makes a request under subparagraph (A).
       ``(2) Enforcement.--In the case of refusal to obey a 
     subpoena issued to any person under this subsection, the 
     Secretary may request the Attorney General to invoke the aid 
     of the appropriate district court of the United States to 
     compel compliance.''.
       Strike section 1033(a)(2) and insert the following:
       ``(2) Subpoenas.--
       ``(A) In general.--In any investigation under this section, 
     the Administrator may issue a subpoena to require the 
     attendance of a witness or the production of documents or 
     other evidence if--
       ``(i) before the issuance of the subpoena, the 
     Administrator requests a determination by the Attorney 
     General of the United States as to whether the subpoena will 
     interfere with a criminal investigation; and
       ``(ii) the Attorney General--

       ``(I) determines that the subpoena will not interfere with 
     a criminal investigation; or
       ``(II) fails to make a determination under subclause (I) 
     before the date that is 30 days after the date on which the 
     Administrator makes a request under clause (i).

       ``(B) Enforcement.--In the case of refusal to obey a 
     subpoena issued to any person under this paragraph, the 
     Administrator may request the Attorney General to invoke the 
     aid of the appropriate district court of the United States to 
     compel compliance.''.
                                 ______
                                 
  SA 4685. Mr. DURBIN (for Mr. Cornyn) proposed an amendment to the 
bill S. 3774, to extend the deadline for Social Services Block Grants 
expenditures of supplemental funds appropriated following disasters 
occurring in 2008; as follows:

       On page 2, line 2, strike ``September 30, 2012'' and insert 
     ``September 30, 2011''.
       On page 2, after line 2, insert the following:

     SEC. 2. BUDGETARY PROVISIONS.

       (a) Statutory PAYGO.--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.
       (b) Emergency Designations.--This Act--
       (1) is designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
     (Public Law 111-139; 2 U.S.C. 933(g));
       (2) in the House of Representatives, is designated as an 
     emergency for purposes of pay-as-you-go principles; and
       (3) in the Senate, is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     section 403(a) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 4686. Mr. DURBIN (for Ms. Cantwell) proposed an amendment to the 
bill H.R. 1061, to transfer certain land to the United States to be 
held in trust for the Hoh Indian Tribe, to place land into trust for 
the Hoh Indian Tribe, and for other purposes; as follows:

       On page 4, lines 8 through 10, strike ``upon compliance 
     with the National Environmental Policy Act of 1969'' and 
     insert ``in accordance with the regulations of the Department 
     of the Interior for implementing the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are 
     applicable to trust land acquisitions for Indian tribes that 
     are mandated by Federal legislation,''.
       On page 8, strike lines 14 through 19 and insert the 
     following:

     SEC. 5. GAMING PROHIBITION.

                                 ______
                                 
  SA 4687. Mr. DURBIN (for Mr. Whitehouse) proposed an amendment to the 
bill S. 2847, to regulate the volume of audio on commercials; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Commercial Advertisement 
     Loudness Mitigation Act'' or the ``CALM Act''.

     SEC. 2. RULEMAKING ON LOUD COMMERCIALS REQUIRED.

       (a) Rulemaking Required.--Within 1 year after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall prescribe pursuant to the Communications Act of 1934 
     (47 U.S.C. 151 et seq.) a regulation that is limited to 
     incorporating by reference and making mandatory (subject to 
     any waivers the Commission may grant) the ``Recommended 
     Practice: Techniques for Establishing and Maintaining Audio 
     Loudness for Digital Television'' (A/85), and any successor 
     thereto, approved by the Advanced Television Systems 
     Committee, only insofar as such recommended practice concerns 
     the transmission of commercial advertisements by a television 
     broadcast station, cable operator, or other multichannel 
     video programming distributor.

[[Page S7759]]

       (b) Implementation.--
       (1) Effective date.--The Federal Communications Commission 
     shall prescribe that the regulation adopted pursuant to 
     subsection (a) shall become effective 1 year after the date 
     of its adoption.
       (2) Waiver.--For any television broadcast station, cable 
     operator, or other multichannel video programming distributor 
     that demonstrates that obtaining the equipment to comply with 
     the regulation adopted pursuant to subsection (a) would 
     result in financial hardship, the Federal Communications 
     Commission may grant a waiver of the effective date set forth 
     in paragraph (1) for 1 year and may renew such waiver for 1 
     additional year.
       (3) Waiver authority.--Nothing in this section affects the 
     Commission's authority under section 1.3 of its rules (47 
     C.F.R. 1.3) to waive any rule required by this Act, or the 
     application of any such rule, for good cause shown to a 
     television broadcast station, cable operator, or other 
     multichannel video programming distributor, or to a class of 
     such stations, operators, or distributors.
       (c) Compliance.--Any broadcast television operator, cable 
     operator, or other multichannel video programming distributor 
     that installs, utilizes, and maintains in a commercially 
     reasonable manner the equipment and associated software in 
     compliance with the regulations issued by the Federal 
     Communications Commission in accordance with subsection (a) 
     shall be deemed to be in compliance with such regulations.
       (d) Definitions.--For purposes of this section--
       (1) the term ``television broadcast station'' has the 
     meaning given such term in section 325 of the Communications 
     Act of 1934 (47 U.S.C. 325); and
       (2) the terms ``cable operator'' and ``multi-channel video 
     programming distributor'' have the meanings given such terms 
     in section 602 of Communications Act of 1934 (47 U.S.C. 522).
                                 ______
                                 
  SA 4688. Mr. DURBIN (for Mr. Lautenberg) proposed an amendment to the 
bill S. 685, to require new vessels for carrying oil fuel to have 
double hulls, and for other purposes; as follows:

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oil Spill Prevention Act of 
     2010''.

     SEC. 2. OIL FUEL TANK PROTECTION.

       Section 3306 of title 46, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(k)(1) Each vessel of the United States that is 
     constructed under a contract entered into after the date of 
     enactment of the Oil Spill Prevention Act of 2010, or that is 
     delivered after August 1, 2010, with an aggregate capacity of 
     600 cubic meters or more of oil fuel, shall comply with the 
     requirements of Regulation 12A under Annex I to the Protocol 
     of 1978 relating to the International Convention for the 
     Prevention of Pollution from Ships, 1973, entitled `Oil Fuel 
     Tank Protection.'.
       ``(2) The Secretary may prescribe regulations to apply the 
     requirements described in Regulation 12A to vessels described 
     in paragraph (1) that are not otherwise subject to that 
     convention.
       ``(3) In this subsection the term `oil fuel' means any oil 
     used as fuel in connection with the propulsion and auxiliary 
     machinery of the vessel in which such oil is carried.''.

     SEC. 3. MARITIME EMERGENCY PREVENTION.

       (a) In General.--Section 4(b) of the Ports and Waterways 
     Safety Act of 1972 (33 U.S.C. 1223(b)) is amended--
       (1) by striking ``operate or'' and inserting ``operate, 
     including direction to change the vessel's heading and speed, 
     or''; and
       (2) by inserting ``emergency or'' after ``other'' in 
     paragraph (3).
       (b) Revision of VTS Policy.--The Secretary of the 
     department in which the Coast guard is operating shall--
       (1) provide guidance to all vessel traffic personnel that 
     clearly defines the use of authority to direct or control 
     vessel movement when such direction or control is justified 
     in the interest of safety; and
       (2) require vessel traffic personnel communications to 
     identify the vessel, rather than the pilot, when vessels are 
     operating in vessel traffic service pilotage areas.
       (c) Adequacy of VTS Locations and Infrastructure.--
       (1) In general.--The Secretary of the department in which 
     the Coast Guard is operating shall continue to conduct 
     individual port and waterway safety assessments under the 
     Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et 
     seq.) to determine and prioritize the United States ports, 
     waterways, and channels that are in need of new, expanded, or 
     improved vessel traffic management risk mitigation measures, 
     including vessel traffic service systems, by evaluating--
       (A) the nature, volume, and frequency of vessel traffic;
       (B) the risks of collisions, allisions, spills, and other 
     maritime mishaps associated with that traffic;
       (C) the projected impact of installation, expansion, or 
     improvement of a vessel traffic service system or other risk 
     mitigation measures; and
       (D) any other relevant data.
       (2) Analyses.--Based on the results of the assessments 
     under paragraph (1), the Secretary shall identify the 
     requirements for necessary expansion, improvement, or 
     construction of buildings, networks, communications, or other 
     infrastructure to improve the effectiveness of existing 
     vessel traffic service systems, or necessary to support 
     recommended new vessel traffic service systems, including all 
     necessary costs for construction, reconstruction, expansion, 
     or improvement.
       (3) Personnel.--The Secretary shall--
       (A) review and validate the recruiting, retention, 
     training, and expansion of the vessel traffic service 
     personnel workforce necessary to maintain the effectiveness 
     of existing vessel traffic service systems and to support any 
     expansion or improvement identified by the Secretary under 
     this section; and
       (B) require basic navigation training for vessel traffic 
     service watchstander personnel--
       (i) to support and complement the existing mission of the 
     vessel traffic service to monitor and assess vessel movements 
     within a vessel traffic service Area;
       (ii) to exchange information regarding vessel movements 
     with vessel and shore-based personnel; and
       (iii) to provide advisories to vessel masters.
       (4) Report.--Within 1 year after the date of enactment of 
     this Act, the Secretary shall submit to the Congress a report 
     consolidating the results of the analyses under paragraph 
     (2), together with recommendations for implementing the study 
     results.

     SEC. 4. TRAINED POLLUTION INVESTIGATORS.

       To the extent practicable, the Commandant of the Coast 
     Guard shall ensure that there is at least 1 trained and 
     experienced pollution investigator on duty, or in an on-call 
     status, at all times for each Coast Guard Sector Command.

     SEC. 5. DURATION OF CREDENTIALS.

       (a) Merchant Mariner's Documents.--Section 7302(f) of title 
     46, United States Code, is amended to read as follows:
       ``(f) Periods of Validity and Renewal of Merchant Mariners' 
     Documents.--
       ``(1) In general.--Except as provided in subsection (g), a 
     merchant mariner's document issued under this chapter is 
     valid for a 5-year period and may be renewed for additional 
     5-year periods.
       ``(2) Advance renewals.--A renewed merchant mariner's 
     document may be issued under this chapter up to 8 months in 
     advance but is not effective until the date that the 
     previously issued merchant mariner's document expires.''.
       (b) Duration of Licenses.--Section 7106 of such title is 
     amended to read as follows:

     `` 7106. Duration of licenses

       ``(a) In General.--A license issued under this part is 
     valid for a 5-year period and may be renewed for additional 
     5-year periods; except that the validity of a license issued 
     to a radio officer is conditioned on the continuous 
     possession by the holder of a first-class or second-class 
     radiotelegraph operator license issued by the Federal 
     Communications Commission.
       ``(b) Advance Renewals.--A renewed license issued under 
     this part may be issued up to 8 months in advance but is not 
     effective until the date that the previously issued license 
     expires.''.
       (c) Certificates of Registry.--Section 7107 of such title 
     is amended to read as follows:

     `` 7107. Duration of certificates of registry

       ``(a) In General.--A certificate of registry issued under 
     this part is valid for a 5-year period and may be renewed for 
     additional 5-year periods; except that the validity of a 
     certificate issued to a medical doctor or professional nurse 
     is conditioned on the continuous possession by the holder of 
     a license as a medical doctor or registered nurse, 
     respectively, issued by a State.
       ``(b) Advance Renewals.--A renewed certificate of registry 
     issued under this part may be issued up to 8 months in 
     advance but is not effective until the date that the 
     previously issued certificate of registry expires.''.

     SEC. 6. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
                   CERTIFICATES OF REGISTRY, AND MERCHANT 
                   MARINERS' DOCUMENTS.

       (a) Merchant Mariner Licenses and Documents.--Chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

     `` 7507. Authority to extend the duration of licenses, 
       certificates of registry, and merchant mariner documents

       ``(a) Licenses and Certificates of Registry.--
     Notwithstanding sections 7106 and 7107, the Secretary of the 
     department in which the Coast Guard is operating may extend 
     for up to one year an expiring license or certificate of 
     registry issued for an individual under chapter 71 if the 
     Secretary determines that extension is required--
       ``(1) to enable the Coast Guard to eliminate a backlog in 
     processing applications for those licenses or certificates of 
     registry;
       ``(2) because necessary records have been destroyed or are 
     unavailable due to a natural disaster; or
       ``(3) to align the expiration date of a license or 
     certificate of registry with the expiration date of a 
     transportation worker identification credential under section 
     70501.
       ``(b) Merchant Mariner Documents.--Notwithstanding section 
     7302(g), the Secretary may extend for one year an expiring 
     merchant mariner's document issued for an individual under 
     chapter 71 if the Secretary determines that extension is 
     required--

[[Page S7760]]

       ``(1) to enable the Coast Guard to eliminate a backlog in 
     processing applications for those licenses or certificates of 
     registry;
       ``(2) because necessary records have been destroyed or are 
     unavailable due to a natural disaster; or
       ``(3) to align the expiration date of a license or 
     certificate of registry with the expiration date of a 
     transportation worker identification credential under section 
     70501.
       ``(c) Manner of Extension.--Any extensions granted under 
     this section may be granted to individual seamen or a 
     specifically identified group of seamen.
       ``(d) Expiration of Authority.--The authority for providing 
     an extension under this section shall expire on December 31, 
     2011.''.
       (b) Clerical Amendment.--The chapter analysis for such 
     chapter is amended by adding at the end the following:

``7507. Authority to extend the duration of licenses, certificates of 
              registry, and merchant mariner documents.''.

     SEC. 7. ELIMINATION OF CERTAIN REPORTS.

       Notwithstanding the direction of the House of 
     Representatives Committee on Appropriations on page 60 of 
     Report 109-79 (109th Congress, 1st Session) under the 
     headings ``United States Coast Guard Operating Expenses'' and 
     ``Area Security Maritime Exercise Program'', concerning the 
     submission by the Coast Guard of reports to that Committee on 
     the results of port security terrorism exercises, beginning 
     with October, 2010, the Coast Guard shall submit only 1 such 
     report each year.

     SEC. 8. 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 4689. Mr. DURBIN (for Mr. Akaka (for himself and Mr. Voinovich)) 
proposed an amendment to the bill H.R. 1722, to require the head of 
each executive agency to establish and implement a policy under which 
employees shall be authorized to telework, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Telework Enhancement Act of 
     2010''.

     SEC. 2. TELEWORK.

       (a) In General.--Part III of title 5, United States Code, 
     is amended by inserting after chapter 63 the following:

                         ``CHAPTER 65--TELEWORK

``Sec.
``6501. Definitions.
``6502. Executive agencies telework requirement.
``6503. Training and monitoring.
``6504. Policy and support.
``6505. Telework Managing Officer.
``6506. Reports.

     ``Sec. 6501. Definitions

       ``In this chapter:
       ``(1) Employee.--The term `employee' has the meaning given 
     that term under section 2105.
       ``(2) Executive agency.--Except as provided in section 
     6506, the term `executive agency' has the meaning given that 
     term under section 105.
       ``(3) Telework.--The term `telework'or `teleworking' refers 
     to a work flexibility arrangement under which an employee 
     performs the duties and responsibilities of such employee's 
     position, and other authorized activities, from an approved 
     worksite other than the location from which the employee 
     would otherwise work.

     ``Sec. 6502. Executive agencies telework requirement

       ``(a) Telework Eligibility.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this chapter, the head of each executive 
     agency shall--
       ``(A) establish a policy under which eligible employees of 
     the agency may be authorized to telework;
       ``(B) determine the eligibility for all employees of the 
     agency to participate in telework; and
       ``(C) notify all employees of the agency of their 
     eligibility to telework.
       ``(2) Limitation.--An employee may not telework under a 
     policy established under this section if--
       ``(A) the employee has been officially disciplined for 
     being absent without permission for more than 5 days in any 
     calendar year; or
       ``(B) the employee has been officially disciplined for 
     violations of subpart G of the Standards of Ethical Conduct 
     for Employees of the Executive Branch for viewing, 
     downloading, or exchanging pornography, including child 
     pornography, on a Federal Government computer or while 
     performing official Federal Government duties.
       ``(b) Participation.--The policy described under subsection 
     (a) shall--
       ``(1) ensure that telework does not diminish employee 
     performance or agency operations;
       ``(2) require a written agreement that--
       ``(A) is entered into between an agency manager and an 
     employee authorized to telework, that outlines the specific 
     work arrangement that is agreed to; and
       ``(B) is mandatory in order for any employee to participate 
     in telework;
       ``(3) provide that an employee may not be authorized to 
     telework if the performance of that employee does not comply 
     with the terms of the written agreement between the agency 
     manager and that employee;
       ``(4) except in emergency situations as determined by the 
     head of an agency, not apply to any employee of the agency 
     whose official duties require on a daily basis (every work 
     day)--
       ``(A) direct handling of secure materials determined to be 
     inappropriate for telework by the agency head; or
       ``(B) on-site activity that cannot be handled remotely or 
     at an alternate worksite; and
       ``(5) be incorporated as part of the continuity of 
     operations plans of the agency in the event of an emergency.

     ``Sec. 6503. Training and monitoring

       ``(a) In General.--The head of each executive agency shall 
     ensure that--
       ``(1) an interactive telework training program is provided 
     to--
       ``(A) employees eligible to participate in the telework 
     program of the agency; and
       ``(B) all managers of teleworkers;
       ``(2) except as provided under subsection (b), an employee 
     has successfully completed the interactive telework training 
     program before that employee enters into a written agreement 
     to telework described under section 6502(b)(2);
       ``(3) teleworkers and nonteleworkers are treated the same 
     for purposes of--
       ``(A) periodic appraisals of job performance of employees;
       ``(B) training, rewarding, reassigning, promoting, reducing 
     in grade, retaining, and removing employees;
       ``(C) work requirements; or
       ``(D) other acts involving managerial discretion; and
       ``(4) when determining what constitutes diminished employee 
     performance, the agency shall consult the performance 
     management guidelines of the Office of Personnel Management.
       ``(b) Training Requirement Exemptions.--The head of an 
     executive agency may provide for an exemption from the 
     training requirements under subsection (a), if the head of 
     that agency determines that the training would be unnecessary 
     because the employee is already teleworking under a work 
     arrangement in effect before the date of enactment of this 
     chapter.

     ``Sec. 6504. Policy and support

       ``(a) Agency Consultation With the Office of Personnel 
     Management.--Each executive agency shall consult with the 
     Office of Personnel Management in developing telework 
     policies.
       ``(b) Guidance and Consultation.--The Office of Personnel 
     Management shall--
       ``(1) provide policy and policy guidance for telework in 
     the areas of pay and leave, agency closure, performance 
     management, official worksite, recruitment and retention, and 
     accommodations for employees with disabilities;
       ``(2) assist each agency in establishing appropriate 
     qualitative and quantitative measures and teleworking goals; 
     and
       ``(3) consult with--
       ``(A) the Federal Emergency Management Agency on policy and 
     policy guidance for telework in the areas of continuation of 
     operations and long-term emergencies;
       ``(B) the General Services Administration on policy and 
     policy guidance for telework in the areas of telework 
     centers, travel, technology, equipment, and dependent care; 
     and
       ``(C) the National Archives and Records Administration on 
     policy and policy guidance for telework in the areas of 
     efficient and effective records management and the 
     preservation of records, including Presidential and Vice-
     Presidential records.
       ``(c) Security Guidelines.--
       ``(1) In general.--The Director of the Office of Management 
     and Budget, in coordination with the Department of Homeland 
     Security and the National Institute of Standards and 
     Technology, shall issue guidelines not later than 180 days 
     after the date of the enactment of this chapter to ensure the 
     adequacy of information and security protections for 
     information and information systems used while teleworking.
       ``(2) Contents.--Guidelines issued under this subsection 
     shall, at a minimum, include requirements necessary to--
       ``(A) control access to agency information and information 
     systems;
       ``(B) protect agency information (including personally 
     identifiable information) and information systems;
       ``(C) limit the introduction of vulnerabilities;
       ``(D) protect information systems not under the control of 
     the agency that are used for teleworking;
       ``(E) safeguard wireless and other telecommunications 
     capabilities that are used for teleworking; and
       ``(F) prevent inappropriate use of official time or 
     resources that violates subpart G of the Standards of Ethical 
     Conduct for Employees of the Executive Branch by viewing, 
     downloading, or exchanging pornography, including child 
     pornography.
       ``(d) Continuity of Operations Plans.--
       ``(1) Incorporation into continuity of operations plans.--
     Each executive agency

[[Page S7761]]

     shall incorporate telework into the continuity of operations 
     plan of that agency.
       ``(2) Continuity of operations plans supersede telework 
     policy.--During any period that an executive agency is 
     operating under a continuity of operations plan, that plan 
     shall supersede any telework policy.
       ``(e) Telework Website.--The Office of Personnel Management 
     shall--
       ``(1) maintain a central telework website; and
       ``(2) include on that website related--
       ``(A) telework links;
       ``(B) announcements;
       ``(C) guidance developed by the Office of Personnel 
     Management; and
       ``(D) guidance submitted by the Federal Emergency 
     Management Agency, and the General Services Administration to 
     the Office of Personnel Management not later than 10 business 
     days after the date of submission.
       ``(f) Policy Guidance on Purchasing Computer Systems.--Not 
     later than 120 days after the date of the enactment of this 
     chapter, the Director of the Office of Management and Budget 
     shall issue policy guidance requiring each executive agency 
     when purchasing computer systems, to purchase computer 
     systems that enable and support telework, unless the head of 
     the agency determines that there is a mission-specific reason 
     not to do so.

     ``Sec. 6505. Telework Managing Officer

       ``(a) Designation.--The head of each executive agency shall 
     designate an employee of the agency as the Telework Managing 
     Officer. The Telework Managing Officer shall be established 
     within the Office of the Chief Human Capital Officer or a 
     comparable office with similar functions.
       ``(b) Duties.--The Telework Managing Officer shall--
       ``(1) be devoted to policy development and implementation 
     related to agency telework programs;
       ``(2) serve as--
       ``(A) an advisor for agency leadership, including the Chief 
     Human Capital Officer;
       ``(B) a resource for managers and employees; and
       ``(C) a primary agency point of contact for the Office of 
     Personnel Management on telework matters; and
       ``(3) perform other duties as the applicable delegating 
     authority may assign.
       ``(c) Status Within Agency.--The Telework Managing Officer 
     of an agency shall be a senior official of the agency who has 
     direct access to the head of the agency.
       ``(d) Rule of Construction Regarding Status of Telework 
     Managing Officer.--Nothing in this section shall be construed 
     to prohibit an individual who holds another office or 
     position in an agency from serving as the Telework Managing 
     Officer for the agency under this chapter.

     ``Sec. 6506. Reports

       ``(a) Definition.--In this section, the term `executive 
     agency' shall not include the Government Accountability 
     Office.
       ``(b) Reports by the Office of Personnel Management.--
       ``(1) Submission of reports.--Not later than 18 months 
     after the date of enactment of this chapter and on an annual 
     basis thereafter, the Director of the Office of Personnel 
     Management, in consultation with Chief Human Capital Officers 
     Council, shall--
       ``(A) submit a report addressing the telework programs of 
     each executive agency to--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(ii) the Committee on Oversight and Government Reform of 
     the House of Representatives; and
       ``(B) transmit a copy of the report to the Comptroller 
     General and the Office of Management and Budget.
       ``(2) Contents.--Each report submitted under this 
     subsection shall include--
       ``(A) the degree of participation by employees of each 
     executive agency in teleworking during the period covered by 
     the report (and for each executive agency whose head is 
     referred to under section 5312, the degree of participation 
     in each bureau, division, or other major administrative unit 
     of that agency), including--
       ``(i) the total number of employees in the agency;
       ``(ii) the number and percent of employees in the agency 
     who are eligible to telework; and
       ``(iii) the number and percent of eligible employees in the 
     agency who are teleworking--

       ``(I) 3 or more days per pay period;
       ``(II) 1 or 2 days per pay period;
       ``(III) once per month; and
       ``(IV) on an occasional, episodic, or short-term basis;

       ``(B) the method for gathering telework data in each 
     agency;
       ``(C) if the total number of employees teleworking is 10 
     percent higher or lower than the previous year in any agency, 
     the reasons for the positive or negative variation;
       ``(D) the agency goal for increasing participation to the 
     extent practicable or necessary for the next reporting 
     period, as indicated by the percent of eligible employees 
     teleworking in each frequency category described under 
     subparagraph (A)(iii);
       ``(E) an explanation of whether or not the agency met the 
     goals for the last reporting period and, if not, what actions 
     are being taken to identify and eliminate barriers to 
     maximizing telework opportunities for the next reporting 
     period;
       ``(F) an assessment of the progress each agency has made in 
     meeting agency participation rate goals during the reporting 
     period, and other agency goals relating to telework, such as 
     the impact of telework on--
       ``(i) emergency readiness;
       ``(ii) energy use;
       ``(iii) recruitment and retention;
       ``(iv) performance;
       ``(v) productivity; and
       ``(vi) employee attitudes and opinions regarding telework; 
     and
       ``(G) the best practices in agency telework programs.
       ``(c) Comptroller General Reports.--
       ``(1) Report on government accountability office telework 
     program.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of this chapter and on an annual basis 
     thereafter, the Comptroller General shall submit a report 
     addressing the telework program of the Government 
     Accountability Office to--
       ``(i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(ii) the Committee on Oversight and Government Reform of 
     the House of Representatives.
       ``(B) Contents.--Each report submitted by the Comptroller 
     General shall include the same information as required under 
     subsection (b) applicable to the Government Accountability 
     Office.
       ``(2) Report to congress on office of personnel management 
     report.--Not later than 6 months after the submission of the 
     first report to Congress required under subsection (b), the 
     Comptroller General shall review that report required under 
     subsection (b) and submit a report to Congress on the 
     progress each executive agency has made towards the goals 
     established under section 6504(b)(2).
       ``(d) Chief Human Capital Officer Reports.--
       ``(1) In general.--Each year the Chief Human Capital 
     Officer of each executive agency, in consultation with the 
     Telework Managing Officer of that agency, shall submit a 
     report to the Chair and Vice Chair of the Chief Human Capital 
     Officers Council on agency management efforts to promote 
     telework.
       ``(2) Review and inclusion of relevant information.--The 
     Chair and Vice Chair of the Chief Human Capital Officers 
     Council shall--
       ``(A) review the reports submitted under paragraph (1);
       ``(B) include relevant information from the submitted 
     reports in the annual report to Congress required under 
     subsection (b); and
       ``(C) use that relevant information for other purposes 
     related to the strategic management of human capital.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of chapters.--The table of chapters for part III 
     of title 5, United States Code, is amended by inserting after 
     the item relating to chapter 63 the following:

65. Telework...................................................6501....

       (2) Telework coordinators.--
       (A) Appropriations act, 2003.--Section 623 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2003 (Public Law 
     108-7; 117 Stat. 103) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``designate a 
     Telework Managing Officer to be''.
       (B) Appropriations act, 2004.--Section 627 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2004 (Public Law 
     108-199; 118 Stat. 99) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``designate a 
     Telework Managing Officer to be''.
       (C) Appropriations act, 2005.--Section 622 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 2919) is amended by striking ``designate a 
     `Telework Coordinator' to be'' and inserting ``designate a 
     Telework Managing Officer to be''.
       (D) Appropriations act, 2006.--Section 617 of the Science, 
     State, Justice, Commerce, and Related Agencies Appropriations 
     Act, 2006 (Public Law 109-108; 119 Stat. 2340) is amended by 
     striking ``maintain a `Telework Coordinator' to be'' and 
     inserting ``maintain a Telework Managing Officer to be''.

     SEC. 3. AUTHORITY FOR TELEWORK TRAVEL EXPENSES TEST PROGRAMS.

       (a) In General.--Chapter 57 of title 5, United States Code, 
     is amended by inserting after section 5710 the following:

     ``Sec. 5711. Authority for telework travel expenses test 
       programs

       ``(a) Except as provided under subsection (f)(1), in this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(2) the Committee on Oversight and Government Reform of 
     the House of Representatives.
       ``(b)(1) Notwithstanding any other provision of this 
     subchapter, under a test program which the Administrator of 
     General Services determines to be in the interest of the 
     Government and approves, an employing agency may pay through 
     the proper disbursing official any necessary travel expenses 
     in lieu of any payment otherwise authorized or required under 
     this subchapter for employees participating in a telework 
     program. Under an approved test program, an agency may 
     provide an employee with the option to

[[Page S7762]]

     waive any payment authorized or required under this 
     subchapter. An agency shall include in any request to the 
     Administrator for approval of such a test program an analysis 
     of the expected costs and benefits and a set of criteria for 
     evaluating the effectiveness of the program.
       ``(2) Any test program conducted under this section shall 
     be designed to enhance cost savings or other efficiencies 
     that accrue to the Government.
       ``(3) Under any test program, if an agency employee 
     voluntarily relocates from the pre-existing duty station of 
     that employee, the Administrator may authorize the employing 
     agency to establish a reasonable maximum number of occasional 
     visits to the pre-existing duty station before that employee 
     is eligible for payment of any accrued travel expenses by 
     that agency.
       ``(4) Nothing in this section is intended to limit the 
     authority of any agency to conduct test programs.
       ``(c) The Administrator shall transmit a copy of any test 
     program approved by the Administrator under this section, and 
     the rationale for approval, to the appropriate committees of 
     Congress at least 30 days before the effective date of the 
     program.
       ``(d)(1) An agency authorized to conduct a test program 
     under subsection (b) shall provide to the Administrator, the 
     Telework Managing Officer of that agency, and the appropriate 
     committees of Congress a report on the results of the program 
     not later than 3 months after completion of the program.
       ``(2) The results in a report described under paragraph (1) 
     may include--
       ``(A) the number of visits an employee makes to the pre-
     existing duty station of that employee;
       ``(B) the travel expenses paid by the agency;
       ``(C) the travel expenses paid by the employee; or
       ``(D) any other information the agency determines useful to 
     aid the Administrator, Telework Managing Officer, and 
     Congress in understanding the test program and the impact of 
     the program.
       ``(e) No more than 10 test programs under this section may 
     be conducted simultaneously.
       ``(f)(1) In this subsection, the term `appropriate 
     committee of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       ``(B) the Committee on Oversight and Government Reform of 
     the House of Representatives;
       ``(C) the Committee on the Judiciary of the Senate; and
       ``(D) the Committee on the Judiciary of the House of 
     Representatives.
       ``(2) The Patent and Trademark Office shall conduct a test 
     program under this section, including the provision of 
     reports in accordance with subsection (d)(1).
       ``(3) In conducting the program under this subsection, the 
     Patent and Trademark Office may pay any travel expenses of an 
     employee for travel to and from a Patent and Trademark Office 
     worksite or provide an employee with the option to waive any 
     payment authorized or required under this subchapter, if--
       ``(A) the employee is employed at a Patent and Trademark 
     Office worksite and enters into an approved telework 
     arrangement;
       ``(B) the employee requests to telework from a location 
     beyond the local commuting area of the Patent and Trademark 
     Office worksite; and
       ``(C) the Patent and Trademark Office approves the 
     requested arrangement for reasons of employee convenience 
     instead of an agency need for the employee to relocate in 
     order to perform duties specific to the new location.
       ``(4)(A) The Patent and Trademark Office shall establish an 
     oversight committee comprising an equal number of members 
     representing management and labor, including representatives 
     from each collective bargaining unit.
       ``(B) The oversight committee shall develop the operating 
     procedures for the program under this subsection to--
       ``(i) provide for the effective and appropriate functioning 
     of the program; and
       ``(ii) ensure that--
       ``(I) reasonable technological or other alternatives to 
     employee travel are used before requiring employee travel, 
     including teleconferencing, videoconferencing or internet-
     based technologies;
       ``(II) the program is applied consistently and equitably 
     throughout the Patent and Trademark Office; and
       ``(III) an optimal operating standard is developed and 
     implemented for maximizing the use of the telework 
     arrangement described under paragraph (2) while minimizing 
     agency travel expenses and employee travel requirements.
       ``(5)(A) The test program under this subsection shall be 
     designed to enhance cost savings or other efficiencies that 
     accrue to the Government.
       ``(B) The Director of the Patent and Trademark Office 
     shall--
       ``(i) prepare an analysis of the expected costs and 
     benefits and a set of criteria for evaluating the 
     effectiveness of the program; and
       ``(ii) before the test program is implemented, submit the 
     analysis and criteria to the Administrator of General 
     Services and to the appropriate committees of Congress.
       ``(C) With respect to an employee of the Patent and 
     Trademark Office who voluntarily relocates from the pre-
     existing duty station of that employee, the operating 
     procedures of the program may include a reasonable maximum 
     number of occasional visits to the pre-existing duty station 
     before that employee is eligible for payment of any accrued 
     travel expenses by the Office.
       ``(g) The authority to conduct test programs under this 
     section shall expire 7 years after the date of the enactment 
     of the Telework Enhancement Act of 2010.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by inserting after the item relating to section 5710 
     the following:

``5711. Authority for telework travel expenses test programs.''.

     SEC. 4. TELEWORK RESEARCH.

       (a) Research by OPM on Telework.--The Director of the 
     Office of Personnel Management shall--
       (1) research the utilization of telework by public and 
     private sector entities that identify best practices and 
     recommendations for the Federal Government;
       (2) review the outcomes associated with an increase in 
     telework, including the effects of telework on energy 
     consumption, job creation and availability, urban 
     transportation patterns, and the ability to anticipate the 
     dispersal of work during periods of emergency; and
       (3) make any studies or reviews performed under this 
     subsection available to the public.
       (b) Use of Contract To Carry Out Research.--The Director of 
     the Office of Personnel Management may carry out subsection 
     (a) under a contract entered into by the Director using 
     competitive procedures under section 303 of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     253).
       (c) Use of Other Federal Agencies.--The heads of Federal 
     agencies with relevant jurisdiction over the subject matters 
     in subsection (a)(2) shall work cooperatively with the 
     Director of the Office of Personnel Management to carry out 
     that subsection, if the Director determines that coordination 
     is necessary to fulfill obligations under that subsection.
                                 ______
                                 
  SA 4690. Mr. DURBIN (for Mr. Chambliss3) proposed an amendment to the 
concurrent resolution S. Con. Res. 52, expressing support for the 
designation of March 20 as a National Day of Recognition for Long-Term 
Care Physicians; as follows:

       On page 2, line 3, after ``March 20'' add ``, 2010,''

       

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