To clarify the applicability of requirements for military custody with respect to detainees.

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012--Continued

Mr. LEVIN. Mr. President, if I could, there are a number of Senators
here who want to offer their amendments and make them pending tonight.
That is fine with us. Then if they have speeches, I would suggest that
they withhold speeches until everybody who has amendments here can
offer them and set them aside so that we can allow people to leave and
then have the speeches come, if there are speeches tonight, after
anybody who wants to make their amendment pending has that opportunity.
That is the process I would suggest, and Senator McCain is supportive
of that process. So that is my suggestion: that the Chair recognize
people as the Chair wishes, call up your amendment, set it aside, let
the next person call up their amendment, set it aside, and if there are
any speeches, that they come after everybody who is recognized to call
up their amendment has that opportunity.

[[Page S7685]]

Now, one other thing. This relates to what will happen, hopefully,
tonight and tomorrow; that is, we are going to try to clear amendments,
if we can, tonight and tomorrow. We will be here at 9 o'clock, and we
are going to try to clear as many amendments as we can because we have
to make progress on this bill.
I just want to thank Senator McCain for all he is doing to help that
process and help our leaders.
Mr. McCAIN. Mr. President, I understand we have a couple of
amendments already from Senator Cardin, No. 1073 and 1188.
Mr. LEVIN. Are his two amendments cleared on your side? We have
cleared one.
Mr. McCAIN. We should momentarily.
The PRESIDING OFFICER. The Senator from California.

Amendments Nos. 1125 and 1126

Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the
pending amendments be set aside in order to call up amendments Nos.
1125 and 1126.
I further ask that Senators Leahy, Durbin, and Udall of Colorado be
added as cosponsors to both amendments.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from California [Mrs. Feinstein] proposes en
bloc amendments numbered 1125 and 1126.

The amendments are as follows:

(Purpose: To clarify the applicability of requirements for military
custody with respect to detainees)

On page 361, line 9, insert ``abroad'' after ``is
captured''.

The PRESIDING OFFICER. The Senator from Colorado.

Amendment No. 1107

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that
the pending amendment be set aside and amendment No. 1107 be called up.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from Colorado [Mr. Udall] proposes an amendment
numbered 1107.

Mr. UDALL of Colorado. Mr. President, I ask unanimous consent that
the reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To revise the provisions relating to detainee matters)

Strike subtitle D of title X and insert the following:

Subtitle D--Detainee Matters

SEC. 1031. REVIEW OF AUTHORITY OF THE ARMED FORCES OF THE
UNITED STATES TO DETAIN COVERED PERSONS
PURSUANT TO THE AUTHORIZATION FOR USE OF
MILITARY FORCE.

(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
consultation with appropriate officials in the Executive
Office of the President, the Director of National
Intelligence, the Secretary of State, the Secretary of
Homeland Security, and the Attorney General, submit to the
appropriate committees of Congress a report setting forth the
following:
(1) A statement of the position of the Executive Branch on
the appropriate role for the Armed Forces of the United
States in the detention and prosecution of covered persons
(as defined in subsection (b)).
(2) A statement and assessment of the legal authority
asserted by the Executive Branch for such detention and
prosecution.
(3) A statement of any existing deficiencies or anticipated
deficiencies in the legal authority for such detention and
prosecution.
(b) Covered Persons.--A covered person under this section
is any person, other than a member of the Armed Forces of the
United States, whose detention or prosecution by the Armed
Forces of the United States is consistent with the laws of
war and based on authority provided by any of the following:
(1) The Authorization for Use of Military Force (Public Law
107-40).
(2) The Authorization for Use of Military Force Against
Iraq Resolution 2002 (Public Law 107-243).
(3) Any other statutory or constitutional authority for use
of military force.
(c) Congressional Action.--Each of the appropriate
committees of Congress may, not later than 45 days after
receipt of the report required by subsection (a), hold a
hearing on the report, and shall, within 45 days of such
hearings, report to Congress legislation, if such committee
determines legislation is appropriate and advisable,
modifying or expanding the authority of the Executive Branch
to carry out detention and prosecution of covered persons.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on the
Judiciary, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence
of the House of Representatives.

The PRESIDING OFFICER. The Senator from Louisiana.

Amendment No. 1115

(Purpose: To reauthorize and improve the SBIR and STTR programs, and
for other purposes)

Ms. LANDRIEU. Mr. President, I ask unanimous consent to set aside the
pending amendment and to call up amendment No. 1115, and I ask to make
it pending on behalf of myself, Senator Snowe, and I appreciate the
cosponsorship of Senators Shaheen, Brown of Ohio, and Kerry.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from Louisiana [Ms. Landrieu] for herself and
Ms. Snowe, proposes an amendment numbered 1115.

Ms. LANDRIEU. I ask unanimous consent that reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Ms. LANDRIEU. This is an amendment which would reauthorize two of the
most important research programs for small businesses of this country.
The PRESIDING OFFICER. The Senator from Minnesota.

Amendment No. 1197

Mr. FRANKEN. I ask unanimous consent to set aside the pending
amendment and call up my amendment No. 1197.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:

The Senator from Minnesota [Mr. Franken] proposes an
amendment numbered 1197.

Mr. FRANKEN. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To require contractors to make timely payments to
subcontractors that are small business concerns)

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

SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS.

(a) In General.--Section 15 of the Small Business Act (15
U.S.C. 644) is amended by adding at the end the following:
``(s) Regulations Relating to Timely Payments.--
``(1) Regulations required.--Not later than 1 year after
the date of enactment of this subsection, the Director of the
Office of Management and Budget, in consultation with the
Administrator, shall issue regulations that require any prime
contractor awarded a contract by the Federal Government to
make timely payments to subcontractors that are small
business concerns.
``(2) Considerations.--In issuing the regulations under
paragraph (1), the Director of the Office of Management and
Budget, in consultation with the Administrator, shall
consider--
``(A) requiring a prime contractor to pay a subcontractor
that is a small business concern not later than 30 days after
the date on which the prime contractor receives a payment
from the Federal Government;
``(B) developing--
``(i) incentives for prime contractors that pay
subcontractors in accordance with the regulations; or
``(ii) penalties for prime contractors that do not pay
subcontractors in accordance with the regulations; and
``(C) requiring that any subcontracting plan under
paragraph (4) or (5) of section 8(d) contain a detailed
description of when and how each subcontractor will be
paid.''.
(b) Technical and Conforming Amendments.--Section 8(d)(6)
of the Small Business Act (15 U.S.C. 638(d)(6)) is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) in subparagraph (G)(ii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(H) any information required to be included under the
regulations issued under section 15(s).''.

The PRESIDING OFFICER. The Senator from Maryland.

Amendment No. 1073

Mr. CARDIN. Mr. President, I ask unanimous consent that the pending
amendments be set aside so I may offer my first amendment, No. 1073.

[[Page S7686]]

The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:

The Senator from Maryland [Mr. Cardin], for himself and Ms.
Mikulski, proposes an amendment numbered 1073.

Mr. CARDIN. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To prohibit expansion or operation of the District of
Columbia National Guard Youth Challenge Program in Anne Arundel County,
Maryland)

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

SEC. 1088. PROHIBITION ON EXPANSION OR OPERATION OF DISTRICT
OF COLUMBIA NATIONAL GUARD YOUTH CHALLENGE
PROGRAM IN ANNE ARUNDEL COUNTY, MARYLAND.

Notwithstanding any other provision of law, no funds may be
used to expand or operate the District of Columbia National
Guard Youth Challenge Program in Anne Arundel County,
Maryland.

The PRESIDING OFFICER. The Senator from Maryland.

Amendment No. 1188

Mr. CARDIN. I ask unanimous consent that the amendment now be set
aside so I can offer amendment No. 1188.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:

The Senator from Maryland [Mr. Cardin], for himself, Mr.
Wicker, Mrs. Feinstein, Ms. Mikulski, Mr. Rockefeller, Mr.
Casey, and Mr. Burr, proposes an amendment numbered 1188.

Mr. CARDIN. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To expand the Operation Hero Miles program to include the
authority to accept the donation of travel benefits in the form of
hotel points or awards for free or reduced-cost accommodations)

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

SEC. 1049. EXPANSION OF OPERATION HERO MILES.

(a) Expanded Definition of Travel Benefit.--Subsection (b)
of section 2613 of title 10, United States Code, is amended
to read as follows:
``(b) Travel Benefit Defined.--In this section, the term
`travel benefit' means--
``(1) frequent traveler miles, credits for tickets, or
tickets for air or surface transportation issued by an air
carrier or a surface carrier, respectively, that serves the
public; and
``(2) points or awards for free or reduced-cost
accommodations issued by an inn, hotel, or other commercial
establishment that provides lodging to transient guests.''.
(b) Condition on Authority To Accept Donation.--Subsection
(c) of such section is amended--
(1) by striking ``the air or surface carrier'' and
inserting ``the business entity referred to in subsection
(b)'';
(2) by striking ``the surface carrier'' and inserting ``the
business entity''; and
(3) by striking ``the carrier'' and inserting ``the
business entity''.
(c) Administration.--Subsection (e)(3) of such section is
amended by striking ``the air carrier or surface carrier''
and inserting ``the business entity referred to in subsection
(b)''.
(d) Stylistic Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

``Sec. 2613. Acceptance of frequent traveler miles, credits,
points, and tickets: use to facilitate rest and
recuperation travel of deployed members and their
families''.

(2) Table of sections.--The table of sections at the
beginning of chapter 155 of such title is amended by striking
the item relating to section 2613 and inserting the following
new item:

``2613. Acceptance of frequent traveler miles, credits, points, and
tickets: use to facilitate rest and recuperation travel
of deployed members and their families.''.

Mr. LEVIN. Mr. President, on No. 1188, I believe this amendment has
been cleared on both sides, and we could actually agree to it tonight,
right now.
The PRESIDING OFFICER. Is there further debate on the amendment?
The amendment (No. 1188) was agreed to.
Mr. McCAIN. Mr. President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion upon the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Alaska.

Amendment No. 1114

Mr. BEGICH. Mr. President, I ask unanimous consent that the pending
amendment be set aside so I may call up amendment No. 1114.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from Alaska [Mr. Begich], for himself, Ms.
Snowe, Mr. Casey, Mr. Grassley, Mr. Leahy, Mr. Graham, and
Ms. Murkowski, proposes an amendment numbered 1114.

Mr. BEGICH. I ask unanimous consent that the reading of the amendment
be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To amend title 10, United States Code, to authorize space-
available travel on military aircraft for members of the reserve
components, a member or former member of a reserve component who is
eligible for retired pay but for age, widows and widowers of retired
members, and dependents)

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

SEC. 346. ELIGIBILITY OF RESERVE MEMBERS, GRAY-AREA RETIREES,
WIDOWS AND WIDOWERS OF RETIRED MEMBERS, AND
DEPENDENTS FOR SPACE-AVAILABLE TRAVEL ON
MILITARY AIRCRAFT.

(a) Eligibility.--
(1) In general.--Chapter 157 of title 10, United States
Code, is amended by inserting after section 2641b the
following new section:

``Sec. 2641c. Space-available travel on Department of Defense
aircraft: reserve members, reserve members eligible for
retired pay but for age; widows and widowers of retired
members; and dependents

``(a) Reserve Members.--A member of a reserve component
holding a valid Uniformed Services Identification and
Privilege Card shall be provided transportation on Department
of Defense aircraft, on a space-available basis.
``(b) Reserve Retirees Under Applicable Eligibility Age.--A
member or former member of a reserve component who, but for
being under the eligibility age applicable to the member
under section 12731 of this title, otherwise would be
eligible for retired pay under chapter 1223 of this title
shall be provided transportation on Department of Defense
aircraft, on a space-available basis.
``(c) Widows and Widowers of Retired Members.--
``(1) In general.--An unremarried widow or widower of a
member of the armed forces described in paragraph (2) shall
be provided transportation on Department of Defense aircraft,
on a space-available basis.
``(2) Members covered.--A member of the armed forces
referred to in paragraph (1) is a member who--
``(A) is entitled to retired pay;
``(B) is described in subsection (b);
``(C) dies in the line of duty while on active duty and is
not eligible for retired pay; or
``(D) in the case of a member of a reserve component, dies
as a result of a line of duty condition and is not eligible
for retired pay.
``(d) Dependents.--A dependent of a member or former member
described in subsection (a) or (b) or of an unremarried widow
or widower described in subsection (c) holding a valid
Uniformed Services Identification and Privilege Card shall be
provided transportation on Department of Defense aircraft, on
a space-available basis, if the dependent is accompanying the
member.
``(e) Scope.--Space-available travel required by this
section includes travel to and from locations within and
outside the continental United States.
``(f) Priority.--The priority level and category for space-
available travel for the eligible members described in
subsection (a), (b), (c), and (d) shall be determined by the
Secretary of Defense.
``(g) Definition of Dependent.--In this section, the term
`dependent' has the meaning given that term in section 1072
of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2641b the following new item:

``2641c. Space-available travel on Department of Defense aircraft:
reserve members, reserve members eligible for retired pay
but for age; widows and widowers of retired members; and
dependents.''.

(b) Regulations.--The Secretary of Defense shall prescribe
regulations to implement section 2641c of title 10, United
States Code, as added by subsection (a).

Amendment No. 1149

Mr. BEGICH. I ask unanimous consent that the current amendment be set
aside for one more.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from Alaska [Mr. Begich] proposes an amendment
numbered 1149.

Mr. BEGICH. I ask unanimous consent that the reading of the amendment
be dispensed with.

[[Page S7687]]

The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To authorize a land conveyance and exchange at Joint Base
Elmendorf Richardson, Alaska)

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

SEC. 2823. LAND CONVEYANCE AND EXCHANGE, JOINT BASE ELMENDORF
RICHARDSON, ALASKA.

(a) Conveyances Authorized.--
(1) In general.--In an effort to reduce Federal expenses,
resolve evolving land use conflicts, and maximize the
beneficial use of real property resources by and between
Joint Base Elmendorf Richardson (in this section referred to
as the ``JBER''); the Municipality of Anchorage, an Alaska
municipal corporation (in this section referred to as the
``Municipality''); and Eklutna, Inc., an Alaska Native
village corporation organized pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) (in this
section referred to as ``Eklutna''), the following
conveyances are authorized:
(A) The Secretary of the Air Force may, in consultation
with the Secretary of the Interior, convey to the
Municipality all right, title, and interest of the United
States in and to all or any part of a parcel of real
property, including any improvements thereon, consisting of
approximately 220 acres at JBER situated to the west of and
adjacent to the Anchorage Regional Landfill in Anchorage,
Alaska, for solid waste management purposes, including
reclamation thereof, and for alternative energy production,
and other related activities. This authority may not be
exercised unless and until the March 15, 1982, North
Anchorage Land Agreement is amended by the parties thereto to
specifically permit the conveyance under this subparagraph.
(B) The Secretary of the Air Force may, in consultation
with the Secretary of the Interior, upon terms mutually
agreeable to the Secretary of the Air Force and Eklutna,
convey to Eklutna all right, title, and interest of the
United States in and to all or any part of a parcel of real
property, including any improvements thereon, consisting of
approximately 130 acres situated on the northeast corner of
the Glenn Highway and Boniface Parkway in Anchorage, Alaska,
or such other property as may be identified in consultation
with the Secretary of the Interior, for any use compatible
with JBER's current and reasonably foreseeable mission as
determined by the Secretary of the Air Force.
(2) Right to withhold transfer.--The Secretary may withhold
transfer of any portion of the real property described in
paragraph (1) based on public interest or military mission
requirements.
(b) Transfer of Administrative Control.--
(1) Real property actions.--The Secretary of the Interior
shall complete any real property actions necessary to allow
the Secretary of the Air Force to convey property under this
section.
(2) Administrative jurisdiction.--The Secretary of
Interior, acting through the Bureau of Land Management,
shall, upon request from the Secretary of the Air Force,
transfer administrative jurisdiction over any requested
parcel of property to the Secretary of the Air Force for
purposes of carrying out the conveyances authorized under
subsection (a).
(c) Consideration.--
(1) Municipality property.--As consideration for the
conveyance under subsection (a)(1), the Secretary of the Air
Force may receive in-kind solid waste management services at
the Anchorage Regional Landfill, and such other consideration
as determined satisfactory by the Secretary.
(2) Eklutna property.--As consideration for the conveyance
under subsection (a)(2), the Secretary of the Air Force is
authorized to receive, upon terms mutually agreeable to the
Secretary and Eklutna, such interests in the surface estate
of real property owned by Eklutna and situated at the
northeast boundary of JBER and other consideration as
considered satisfactory by the Secretary.
(d) Responsibility for Environmental Cleanup.--The
Secretary of the Air Force shall retain liability under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and any other
applicable environmental statute or regulation, for any
environmental hazard on the properties conveyed under
subsection (a) as of the date or dates of conveyance, unless
such liability is conveyed in consideration for the exchanged
property.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
Municipality and Eklutna to reimburse the Secretary to cover
costs (except costs for environmental remediation of the
property) to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry
out the conveyances under subsection (a), including survey
costs, costs for environmental documentation, and any other
administrative costs related to the conveyance.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(f) Treatment of Cash Consideration Received.--Any cash
payment received by the United States as consideration for
the conveyances under subsection (a) shall be deposited in
the special account in the Treasury established under
subsection (b) of section 572 of title 40, United States
Code, and shall be available in accordance with paragraph
(5)(B) of such subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) and of the real property interests to be
acquired under subsection (b) shall be determined by surveys
satisfactory to the Secretary.
(h) Other or Additional Terms and Conditions.--The
Secretary may require such additional terms and conditions in
connection with the conveyances under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.

The PRESIDING OFFICER. The Senator from Maryland.
Mr. CARDIN. Mr. President, if there is no one else who wishes to
offer amendments--
The PRESIDING OFFICER. The Senator from New Hampshire.

Amendment No. 1120

Mrs. SHAHEEN. Mr. President, I ask unanimous consent to set aside the
pending amendment and to call up amendment No. 1120.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The bill clerk read as follows:

The Senator from New Hampshire [Mrs. Shaheen], for herself,
Mrs. Gillibrand, Mrs. Boxer, Mr. Lautenberg, Mrs. Murray, Mr.
Blumenthal, Ms. Stabenow, and Mr. Durbin, proposes an
amendment numbered 1120.

Mrs. SHAHEEN. I ask unanimous consent that the reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To exclude cases in which pregnancy is the result of an act
of rape or incest from the prohibition on funding of abortions by the
Department of Defense)

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

SEC. 714. USE OF DEPARTMENT OF DEFENSE FUNDS FOR ABORTIONS IN
CASES OF RAPE AND INCEST.

Section 1093(a) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``or
in a case in which the pregnancy is the result of an act of
rape or incest''.

Mr. CARDIN. Mr. President, first, let me thank Senator Levin and
Senator McCain with regard to amendment No. 1188, which was my Hotels
for Heroes amendment. I am going to be very brief.
Hotels for Heroes follows on Hero Miles, a successful program which
allows our wounded warriors and their families to use frequent flyer
miles that are donated for trips to military care facilities. I
compliment my colleague in the House, Congressman Dutch Ruppersberger,
for his work on establishing that program.
The amendment which was just accepted, which Senators Wicker,
Feinstein, Mikulski, Rockefeller, Casey, and Burr cosponsored, expands
that program to include hotel points so that family members can use the
donated hotel points for housing so they can be near and visit their
wounded warriors who are on rest and recuperative leave, emergency
leave, convalescent leave, or another form of authorized leave
necessary because of an injury or illness incurred or aggravated in the
line of duty in support of a contingency operation.
I also want to comment very briefly on the other amendment I filed,
which is No. 1073, that Senator Mikulski cosponsored. This amendment
would prohibit the District of Columbia's National Guard from operating
or expanding its Youth Challenge Program in Anne Arundel County because
there is also a better alternative already in place.
The DC National Guard currently partners with the Maryland National
Guard to provide valuable service to at-risk children through the Youth
Challenge Program at Aberdeen Proving Grounds in Harford County, MD. I
have visited the two programs at that site, and that is where I think
it is logical to see an expansion.
Here's the problem with the so-called Oak Hill facility in Anne
Arundel County, which is what this amendment deals with: that parcel of
land borders the National Security Agency (NSA), which will need more
space. This is Federal property located in the State of Maryland that
is important for our national security.

[[Page S7688]]

In the 1920s, the District of Columbia got permission from Congress
to place on that property--and please understand I am quoting from the
original authorizing language--a facility for children that are
``feeble-minded.'' That was the exact language contained in the fiscal
year 1924 District of Columbia appropriations bill.
Since that time, the District, without our knowledge, constructed a
juvenile detention facility and now wants to add the Youth Challenge
Program, which is doing just fine at Aberdeen. The purpose of this
amendment is to say: Look, we already have a place where the Youth
Challenge Program should be and can expand as necessary. We should not
be using this other Federal land in the State of Maryland adjacent to
NSA for this type of expansion without working with the appropriate
State and local officials, as well as federal officials.
I hope this amendment can get cleared. But I wanted to explain the
reason I filed it and called it up. I thank the Chair for your
attention.
I yield the floor.
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. FRANKEN. Mr. President, the amendment I offered--
Mr. McCAIN addressed the Chair.
The PRESIDING OFFICER. The Senator from Minnesota has the floor.
Mr. FRANKEN. I yield.
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. McCAIN. Mr. President, I would just say that we have the Senator
from Maine here. I thought we were going to go through the process of
pending amendments before we spoke. I think the Senator's amendment is
already pending.
Mr. FRANKEN. It is. Because the Senator from Maryland spoke to his
amendment, I thought that process was over. I apologize.
Mr. McCAIN. Not at all. It is no big deal at all. Maybe the Senator
from Maine could make her amendments pending.
Mr. LEVIN. Would the Senator from Maine yield?
I wanted to thank the Senator from Minnesota for his courtesy because
he had no way of knowing that the Senator from Maine was here to offer
her amendments. I just want to thank the Senator.
Mr. FRANKEN. I would like to thank the Senator from Michigan for
thanking me.
The PRESIDING OFFICER. The Senator from Maine.

Amendment Nos. 1105, 1155, 1158, and 1180

Ms. COLLINS. Mr. President, I ask unanimous consent that the pending
amendment be set aside so I could call up to make pending en bloc
amendments Nos. 1105, 1155, 1158, and 1180, which are at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the amendments en bloc.
The bill clerk read as follows:

The Senator from Maine [Ms. Collins] proposes en bloc
amendments numbered 1105, 1155, 1158, and 1180.

The amendments are as follows:

Amendment No. 1105

(Purpose: To make permanent the requirement for certifications relating
to the transfer of detainees at United States Naval Station, Guantanamo
Bay, Cuba, to foreign countries and other foreign entities)

On page 365, line 12, strike ``for fiscal year 2012''.

Amendment No. 1155

(Purpose: To authorize educational assistance under the Armed Forces
Health Professions Scholarship program for pursuit of advanced degrees
in physical therapy and occupational therapy)

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

SEC. 547. EDUCATIONAL ASSISTANCE FOR ADVANCED DEGREES IN
PHYSICAL THERAPY AND OCCUPATIONAL THERAPY UNDER
THE ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP
PROGRAM.

(a) In General.--In accordance with guidance issued by the
Secretary of Defense for purposes of this section, assistance
under the Armed Forces Health Professions Scholarship program
under subchapter I of chapter 105 of title 10, United States
Code, shall be available for pursuit of a master's degree and
a doctoral degree in the disciplines as follows:
(1) Physical therapy.
(2) Occupational therapy.
(b) Termination.--The guidance under subsection (a) shall
provide that the availability of assistance as described in
that subsection for pursuit of a degree in a discipline
covered by that subsection shall cease when the Secretary
certifies to Congress that there no longer exists a current
or projected shortfall in qualified personnel in that
discipline in either of the following:
(1) The military departments.
(2) Any major military medical treatment facility
specializing in the rehabilitation of wounded members of the
Armed Forces.

Amendment No. 1158

(Purpose: To clarify the permanence of the prohibition on transfers of
recidivist detainees at United States Naval Station, Guantanamo Bay,
Cuba, to foreign countries and entities)

On page 367, strike line 11 and all that follows through
``Guantanamo'' on line 18 and insert the following:
(c) Permanent Prohibition in Cases of Prior Confirmed
Recidivism.--
(1) Permanent prohibition.--Except as provided in paragraph
(2) and subject to subsection (d), the Secretary of Defense
may not use any amounts authorized to be appropriated or
otherwise made available to the Department of Defense for any
fiscal year to transfer an individual detained at Guantanamo

Amendment No. 1180

(Purpose: Relating to man-portable air-defense systems originating from
Libya)

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

SEC. 1243. MAN-PORTABLE AIR-DEFENSE SYSTEMS ORIGINATING FROM
LIBYA.

(a) Statement of Policy.--Pursuant to section 11 of the
Department of State Authorities Act of 2006 (22 U.S.C.
2349bb-6), the following is the policy of the United States:
(1) To reduce and mitigate, to the greatest extent
feasible, the threat posed to United States citizens and
citizens of allies of the United States, including Israel,
traveling by aircraft by man-portable air-defense systems
(MANPADS) that were in Libya as of March 19, 2011.
(2) To seek the cooperation of, and to assist, the
Government of Libya and governments of neighboring countries
and other countries (as determined by the President) to
secure, remove, or eliminate stocks of man-portable air-
defense systems described in paragraph (1) that pose a threat
to United States citizens and citizens of allies of the
United States, including Israel, traveling by aircraft.
(3) To pursue, as a matter of priority, an agreement with
the Government of Libya and governments of neighboring
countries and other countries (as determined by the Secretary
of State) to formalize cooperation with the United States to
limit the availability, transfer, and proliferation of man-
portable air-defense systems described in paragraph (1).
(b) Intelligence Community Assessment on MANPADS in
Libya.--
(1) In general.--The Director of National Intelligence
shall submit to Congress an assessment by the intelligence
community that accounts for the disposition of, and the
threat to United States citizens and citizens of allies of
the United States, including Israel, traveling by aircraft,
posed by man-portable air-defense systems that were in Libya
as of March 19, 2011. The assessment shall be submitted as
soon as practicable, but not later than the end of the 45-day
period beginning on the date of the enactment of this Act.
(2) Elements.--The assessment submitted under this
subsection shall include the following:
(A) An estimate of the number of man-portable air-defense
systems that were in Libya as of March 19, 2011.
(B) An estimate of the number of man-portable air-defense
systems in Libya as of March 19, 2011, that are currently in
the secure custody of the Government of Libya, the United
States, an ally of the United States, a member of the North
Atlantic Treaty Organization (NATO), or the United Nations.
(C) An estimate of the number of man-portable air-defense
systems in Libya as of March 19, 2011, that were destroyed,
disabled, or otherwise rendered unusable during Operation
Unified Protector.
(D) An estimate of the number of man-portable air-defense
systems in Libya as of March 19, 2011, that were destroyed,
disarmed, or otherwise rendered unusable following Operation
Unified Protector.
(E) An assessment of the number of man-portable air-defense
systems that is the difference between the number of man-
portable air-defense systems in Libya as of March 19, 2011,
and the cumulative number of man-portable air-defense systems
accounted for under subparagraphs (B) through (D), and the
current disposition and locations of such man-portable air-
defense systems.
(F) An assessment of the number of man-portable air-defense
systems that are currently in the custody of militias in
Libya.
(G) A list of any organizations designated as terrorist
organizations by the Department of State, or affiliate
organizations or members of such organizations, that are
known or believed to have custody of any man-portable air-
defense systems that were in the custody of the Government of
Libya as of March 19, 2011.
(H) An assessment of the threat posed to United States
citizens and citizens of allies of the United States,
including Israel, traveling by aircraft from unsecured man-
portable air-defense systems (as defined in section 11 of the
Department of State Authorities Act of 2006) originating from
Libya.

[[Page S7689]]

(I) An assessment of the effectiveness of efforts
undertaken by the United States, Libya, Mauritania, Egypt,
Algeria, Tunisia, Mali, Morocco, Niger, Chad, the United
Nations, the North Atlantic Treaty Organization, and any
other country or entity (as determined by the Director) to
reduce the threat posed to United States citizens and
citizens of allies of the United States, including Israel,
traveling by aircraft from man-portable air-defense systems
that were in Libya as of March 19, 2011.
(J) An assessment of the effect of the proliferation of
man-portable air-defense systems that were in Libya as of
March 19, 2011, on the price and availability of man-portable
air-defense systems that are on the global arms market.
(3) Notice regarding delay in submittal.--If, before the
end of the 45-day period specified in paragraph (1), the
Director determines that the assessment required by that
paragraph cannot be submitted by the end of that period as
required by that paragraph, the Director shall (before the
end of that period) submit to Congress a report setting
forth--
(A) the reasons why the assessment cannot be submitted by
the end of that period; and
(B) an estimated date for the submittal of the assessment.
(4) Form.--The assessment under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(c) Comprehensive Strategy on Threat of MANPADS Originating
From Libya.--
(1) Strategy required.--The President shall develop and
implement, and from time to time update, a comprehensive
strategy, pursuant to section 11 of the Department of State
Authorities Act of 2006, to reduce and mitigate the threat
posed to United States citizens and citizens of allies of the
United States, including Israel, traveling by aircraft from
man-portable air-defense systems that were in Libya as of
March 19, 2011.
(2) Report required.--
(A) In general.--Not later than 45 days after the
assessment required by subsection (b) is submitted to
Congress, the President shall submit to Congress a report
setting forth the strategy required by paragraph (1).
(B) Elements.--The report required by this paragraph shall
include the following:
(i) A timeline for future efforts by the United States,
Libya, and neighboring countries to--

(I) secure, remove, or disable any man-portable air-defense
systems that remain in Libya;
(II) counter proliferation of man-portable air-defense
systems originating from Libya that are in the region; and
(III) disrupt the ability of terrorists, non-state actors,
and state sponsors of terrorism to acquire such man-portable
air-defense systems.

(ii) A description of any additional funding required to
address the threat of man-portable air-defense systems
originating from Libya.
(iii) A summary of United States Government efforts, and
technologies current available, to reduce the susceptibility
and vulnerability of civilian aircraft to man-portable air-
defense systems, including an assessment of the feasibility
of using aircraft-based anti-missile systems to protect
United States passenger jets.
(iv) Recommendations for the most effective policy measures
that can be taken to reduce and mitigate the threat posed to
United States citizens and citizens of allies of the United
States, including Israel, traveling by aircraft from man-
portable air-defense systems that were in Libya as of March
19, 2011.
(v) Such recommendations for legislative or administrative
action as the President considers appropriate to implement
the strategy required by paragraph (1).
(C) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may include a classified
annex.
The PRESIDING OFFICER. The Senator from Oklahoma.

Amendments Nos. 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102,
and 1093

Mr. INHOFE. Mr. President, I ask unanimous consent to set aside the
pending amendment for the purpose of the consideration of 10 amendments
en bloc. I will read these: 1094, 1095, 1096, 1097, 1098, 1099, 1100,
1101, 1102, and 1093.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report.
The bill clerk read as follows:

The Senator from Oklahoma [Mr. INHOFE] proposes en bloc
amendments numbered 1094, 1095, 1096, 1097, 1098, 1099, 1100,
1101, 1102, and 1093.

Mr. INHOFE. Mr. President, I ask unanimous consent that the reading
of the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments are as follows:

Amendment No. 1094

(Purpose: To include the Department of Commerce in contract authority
using competitive procedures but excluding particular sources for
establishing certain research and development capabilities)

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

SEC. 889. INCLUSION OF DEPARTMENT OF COMMERCE IN CONTRACT
AUTHORITY USING COMPETITIVE PROCEDURES BUT
EXCLUDING PARTICULAR SOURCES FOR ESTABLISHING
CERTAIN RESEARCH AND DEVELOPMENT CAPABILITIES.

Section 2304(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The Secretary of Commerce shall be treated as the
head of an agency for purposes of procurements under
paragraph (1) that are covered by a determination under
subparagraph (C) of that paragraph.''.

Amendment No. 1095

(Purpose: To express the sense of the Senate on the importance of
addressing deficiencies in mental health counseling)

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

SEC. 1088. MENTAL HEALTH COUNSELING TRAINING FOR MILITARY
CHAPLAINS.

(a) Findings.--The Senate makes the following findings:
(1) A decade of deployments for the United States Armed
Forces has led to significant increases in traumatic stress
for members of the Armed Forces and their families.
(2) Increases in the severity and frequency of stress for
members of the Armed Forces and their families has driven up
demand for mental health counseling services by specially
trained counselors and military chaplains.
(3) The emotional needs, mental strain, and interpersonal
issues that arise among soldiers and their families before,
during, and after deployment are highly unique. It is
critical that military counselors and chaplains have a
specialized understanding of the total deployment experience.
(4) The military chaplain's corps for all military services
has experienced significant shortfalls in personnel. The Army
and Army National Guard have been especially affected by the
inability to field needed personnel.
(5) A muted ability to field qualified military health
counselors and chaplains has an adverse affect on the mental
and emotional health of members of the Armed Forces and their
families.
(6) The United States Army Chaplain Center and School,
United States Navy Chaplaincy School and Center, and other
military chaplaincy schools rely on accredited universities,
seminaries, and religious schools to produce qualified
counselors and chaplain candidates.
(7) It is important that accredited universities,
seminaries, and religious schools producing chaplain
candidates or providing post-graduate education and
supplemental training adequately prepare students with the
training required to address the needs of members of the
Armed Forces and their families.
(8) There is both opportunity and need for the Chaplain
Corps of the United States Armed Forces to work with
accredited universities, seminaries, and religious schools to
produce qualified counselors and chaplain candidates and
provide post-graduate education and supplemental training,
and to do so in a way that is cost effective.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Secretary of Defense, in conjunction with the Chief
of Chaplains for each military service, should produce a plan
to ensure sustainable throughput of qualified chaplains in
the military chaplain centers and schools; and
(2) the plan should include integration of accredited
universities, seminaries, and religious schools to include
programmatic augmentation when efficient and fiscally
advantageous.

Amendment No. 1096

(Purpose: To express the sense of the Senate on treatment options for
members of the Armed Forces and veterans for Traumatic Brain Injury and
Post Traumatic Stress Disorder)

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

SEC. 723. SENSE OF SENATE ON TREATMENT OPTIONS FOR MEMBERS OF
THE ARMED FORCES AND VETERANS FOR TRAUMATIC
BRAIN INJURY AND POST TRAUMATIC STRESS
DISORDER.

(a) Findings.--The Senate makes the following findings:
(1) Approximately 1,400,000 Americans experience Traumatic
Brain Injury (TBI) each year, and an estimated 3,200,000
Americans are living with long-term, severe disabilities as a
result of brain injury. Another approximate 360,000 men and
women are estimated to have been experienced a Traumatic
Brain Injury in the conflicts in Iraq and Afghanistan to
date.
(2) Congressional funding for Traumatic Brain Injury
activities began with Public Law 104-166 (commonly referred
to as the ``Traumatic Brain Injury Act of 1996'') and has
subsequently been addressed in title XIII of Public Law 106-
310 (commonly referred to as the ``Traumatic Brain Injury Act
Amendments of 2000''), which mandated reports and
requirements for mild Traumatic Brain Injury, and in Acts
authorizing and appropriating funds for the Department of
Defense to date.
(3) In 1992 during the Persian Gulf War, Congress created
the Defense and Veterans Head Injury Program (DVHIP) to
integrate specialized Traumatic Brain Injury care, research,
and education across the military and veteran medical care
systems.

[[Page S7690]]

(4) With Congressional oversight and appropriations, the
Department of Defense subsequently transitioned the Defense
and Veterans Head Injury Program to the Defense and Veterans
Brain Injury Center (DVBIC) in order improve the military and
veterans medical communities ability to develop and provide
advanced Traumatic Brain Injury-specific evaluation,
treatment, and follow-up care for military personnel, their
beneficiaries, and veterans with mild to severe Traumatic
Brain Injury.
(5) Though Congress, the Department of Defense, and the
Department of Veterans Affairs have increased the capacity to
provide health services, particularly in the areas of mental
health and Traumatic Brain Injury, gaps in access and quality
remain, to include a selected method for diagnosing a
Traumatic Brain Injury, a consistent process for treatment
for a Traumatic Brain Injury, availability of providers,
shortages of personnel, organizational deficiencies, cultural
understanding and acceptance, and available technology in
diagnosis and treatment.
(6) Gaps in quality of care and limited access to proper
care remain for both members of the Armed Forces and
veterans, especially veterans who are demobilized members of
the National Guard and Reserve. Some estimates indicate that
approximately 57 percent of those returning from Iraq and
Afghanistan are not being evaluated by a physician for a
brain injury.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense and Department of Veterans
Affairs should be commended for increasing the treatment
options for Traumatic Brain Injury that are available to
veterans;
(2) the Secretary of Defense should, in consultation with
the Secretary of Veterans Affairs, continue to test, prove,
and make available viable treatment options for Traumatic
Brain Injury, including alternative treatment methods that
have been determined, through testing, to be an effective
form of treatment; and
(3) the Secretary of Defense and the Secretary of Veterans
Affairs should take actions to ensure that existing veteran
and medical benefits cover the use of viable available
treatment options for Traumatic Brain Injury, including
alternative treatment methods.

amendment no. 1097

(Purpose: To eliminate gaps and redundancies between the over 200
programs within the Department of Defense that address psychological
health and traumatic brain injury)

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

SEC. 723. PLAN FOR STREAMLINING PROGRAMS THAT ADDRESS
PSYCHOLOGICAL HEALTH AND TRAUMATIC BRAIN
INJURY.

(a) Findings.--Congress makes the following findings:
(1) There are over 200 programs within the Department of
Defense that address psychological health and traumatic brain
injury (TBI).
(2) The number of programs reflects the seriousness with
which the Department and the United States Government and
people take the treatment of the invisible wounds of the wars
in Iraq and Afghanistan.
(3) Notwithstanding the proliferation of programs, there
are still gaps in the treatment of our wounded warriors.
(4) Because of the proliferation of programs, redundancies
and inefficiencies exist and waste resources that would
otherwise be used to effectively treat members of the Armed
Forces suffering from psychological health and traumatic
brain injuries.
(5) Section 1618 of the Wounded Warriors Act (title XVI of
Public Law 110-181; 122 Stat. 450; 10 U.S.C. 1071 note)
required the Secretary of Defense to submit a comprehensive
plan for programs and activities of the Department of Defense
to prevent, diagnose, mitigate, treat, research, and
otherwise respond to traumatic brain injury, post-traumatic
stress disorder, and other mental health conditions in
members of the Armed Forces.
(6) The plan required in that Act was to assess the
capabilities of the Department, identify capability gaps,
identify resources required, and identify appropriate
leadership that would coordinate the various programs.
(7) Section 1621 of the Wounded Warriors Act (title XVI of
Public Law 110-181; 122 Stat. 453; 10 U.S.C. 1071 note)
established the Defense Centers of Excellence for
Psychological Health and Traumatic Brain Injury (DCoE) to
implement the Department's comprehensive plan and strategy.
(b) Streamlining Plan.--
(1) Plan required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan to
streamline programs currently sponsored or funded by the
Department to address psychological health and traumatic
brain injury.
(2) Elements.--The plan required under paragraph (1) shall
include the following elements:
(A) A complete catalog of programs currently sponsored or
funded by the Department to address psychological health and
traumatic brain injury, including details of the intended
function of each program.
(B) An analysis of gaps in the delivery of services and
treatments identified by the complete catalog required under
subparagraph (A).
(C) An analysis of redundancies identified in the complete
catalog required under subparagraph (A).
(D) A plan for eliminating redundancies and mitigating the
gaps identified in the plan.
(E) Identification of the official within the Department
that will be responsible for enactment of the plan.
(F) A timeline for enactment of the plan.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on progress
in implementing the plan required under subsection (b).

amendment no. 1098

(Purpose: To require a report on the impact of foreign boycotts on the
defense industrial base)

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

SEC. 889. REPORT ON IMPACT OF FOREIGN BOYCOTTS ON THE DEFENSE
INDUSTRIAL BASE.

(a) In General.--Not later than February 1, 2012, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report setting forth
an assessment of the impact of foreign boycotts on the
defense industrial base.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a summary of foreign boycotts that posed a material
risk to the defense industrial base from January 2008 to the
date of the enactment of this Act;
(2) the apparent objection of each such boycott;
(3) an assessment of harm to the defense industrial base as
a result of each such boycott;
(4) an assessment of the sufficiency of Department of
Defense and Department of State efforts to mitigate the
material risks of any such foreign boycott to the defense
industrial base; and
(5) recommendations of the Comptroller General to reduce
the material risks of foreign boycotts to the defense
industrial base, including recommendations for changes to
legislation, regulation, policy, or procedures.
(c) Confidentiality.--The Comptroller General shall not
publicly disclose the names of any person, organization, or
entity involved in or affected by any foreign boycott
identified in the report required under subsection (a)
without the express written approval of the person,
organization, or entity concerned.
(d) Definitions.--In this section:
(1) Foreign boycott.--The term ``foreign boycott'' means
any policy or practice adopted by a foreign government or
foreign business enterprise intended to directly penalize,
disadvantage, or harm any contractor or subcontractor of the
Department of Defense, or otherwise dissociate the foreign
government or foreign business enterprise from such a
contractor or subcontractor on account of the provision by
that contractor or subcontractor of any product or service to
the Department.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.

amendment no. 1099

(Purpose: To express the sense of Congress that the Secretary of
Defense should implement the recommendations of the Comptroller General
of the United States regarding prevention, abatement, and data
collection to address hearing injuries and hearing loss among members
of the Armed Forces)

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

SEC. 714. SENSE OF CONGRESS ON ADOPTION BY DEPARTMENT OF
DEFENSE OF RECOMMENDATIONS BY GAO REGARDING
HEARING LOSS PREVENTION.

(a) Findings.--Congress makes the following findings:
(1) The advent of the jet engine and more powerful
munitions has increased the instance of auditory injury to
members of the Armed Forces.
(2) Since 2005, the most common service-connected
disabilities for which veterans received compensation under
laws administered by the Secretary of Veterans Affairs have
been auditory impairments, including hearing loss and
tinnitus. The number of veterans receiving such compensation
for auditory impairment has risen each year since 2005,
increasing the number and cost of compensation claims paid by
the Secretary and prompting a series of reports on the
subject, include a January 2011 report by the Comptroller
General of the United States entitled ``Hearing Loss
Prevention: Improvements to DOD Hearing Conservation Programs
Could Lead to Better Outcomes''.
(3) Costs to the Department of Veterans Affairs relating to
compensation for hearing-related disabilities are expected to
double between 2009 and 2014, exceeding $2,000,000,000 by
2014.
(4) There is a growing body of peer reviewed literature
indicating a direct connection between traumatic brain
injury, post traumatic stress disorder, and auditory
disorders.
(5) 70 percent of members of the Armed Forces who are
exposed to a blast report auditory disorders within 72 hours
of the exposure.

[[Page S7691]]

(6) Section 721 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4506) requires the Secretary of Defense to
establish a center of excellence in the prevention,
diagnosis, mitigation, treatment, and rehabilitation of
hearing loss and auditory system injury.
(7) There is no cure for tinnitus, which consists of an
often debilitating ringing in the ear. The projected effect
of tinnitus on veterans, rise in new cases of tinnitus-
related service-connected disabilities among veterans, and
the correlating rise in disability claims and cost to the
Department of Veterans Affairs make finding effective
treatment, abatement options, and a cure for tinnitus a
priority.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should, in cooperation with the
Secretary of Veterans Affairs and the Director of the Hearing
Center of Excellence of the Department of Defense, implement
the recommendations of the Comptroller General of the United
States in the January 2011 report of the Comptroller General
entitled ``Hearing Loss Prevention: Improvements to DOD
Hearing Conservation Programs Could Lead to Better Outcomes''
that address prevention, abatement, data collection, and the
need for a new interagency data sharing system so that
sufficient information is available to address and track
hearing injuries and loss.

Amendment No. 1100

(Purpose: To extend to products and services from Latvia existing
temporary authority to procure certain products and services from
countries along a major route of supply to Afghanistan)

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

SEC. 808. TEMPORARY AUTHORITY TO ACQUIRE CERTAIN PRODUCTS AND
SERVICES PRODUCED IN LATVIA.

Section 801(d) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2400) is
amended by striking ``or Turkmenistan'' and inserting
``Turkmenistan, or Latvia''.

Amendment No. 1101

(Purpose: To strike section 156, relating to a transfer of Air Force C-
12 aircraft to the Army)

Strike section 156.

Amendment No. 1102

(Purpose: To require a report on the feasibility of using unmanned
aerial systems to perform airborne inspection of navigational aids in
foreign airspace)

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

SEC. 1080. REPORT ON FEASIBILITY OF USING UNMANNED AERIAL
SYSTEMS TO PERFORM AIRBORNE INSPECTION OF
NAVIGATIONAL AIDS IN FOREIGN AIRSPACE.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report on the feasibility
of using unmanned aerial systems to perform airborne flight
inspection of electronic signals-in-space from ground-based
navigational aids that support aircraft departure, en route,
and arrival flight procedures in foreign airspace in support
of United States military operations.

amendment No. 1093

(Purpose: To require the detention at United States Naval Station,
Guantanamo Bay, Cuba, of high-value enemy combatants who will be
detained long-term)

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

SEC. 1038. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, OF HIGH-VALUE
DETAINEES WHO WILL BE DETAINED LONG-TERM.

(a) Findings.--Congress makes the following findings:
(1) The United States is still in a global war on terror
and engaged in armed conflict with terrorist organizations,
and will continue to capture terrorists who will need to be
detained in a secure facility.
(2) Since 2002, enemy combatants have been captured by the
United States and its allies and detained in facilities at
the Guantanamo Bay Detention Facility (GTMO) at United States
Naval Station, Guantanamo Bay, Cuba.
(3) The United States has detained almost 800 al-Qaeda and
Taliban combatants at the Guantanamo Bay Detention Facility.
(4) More than 600 detainees have been tried, transferred,
or released from the Guantanamo Bay Detention Facility to
other countries.
(5) The last enemy combatant brought to the Guantanamo Bay
Detention Facility for detention was brought in June 2008.
(6) The military detention facilities at the Guantanamo Bay
Detention Facility meet the highest international standards,
and play a fundamental part in protecting the lives of
Americans from terrorism.
(7) The Guantanamo Bay Detention Facility is a state-of-
the-art facility that provides humane treatment for all
detainees, is fully compliant with the Geneva Convention, and
provides treatment and oversight that exceed any maximum-
security prison in the world, as attested to by human rights
organizations, the International Committee of the Red Cross,
Attorney General Holder, and an independent commission led
Admiral Walsh.
(8) The Guantanamo Bay Detention Facility is a secure
location away from population centers, provides maximum
security required to prevent escape, provides multiple levels
of confinement opportunities based on the compliance of
detainees, and provides medical care not available a majority
of the population of the world.
(9) The Expeditionary Legal Complex (ELC) at the Guantanamo
Bay Detention Facility is the only one of its kind in the
world. It provides a secure location to secure and try
detainees charged by the United States Government, full
access to sensitive and classified information, full access
to defense lawyers and prosecution, and full media access by
the press.
(10) The Guantanamo Bay Detention Facility is the single
greatest repository of human intelligence in the war on
terror.
(11) The intelligence derived from the Guantanamo Bay
Detention Facility has prevented terrorist attacks and saved
lives in the past and continues to do so today.
(12) The intelligence obtained from questioning detainees
at the Guantanamo Bay Detention Facility includes information
on the following:
(A) The organizational structure of al-Qaeda, the Taliban,
and other terrorist groups.
(B) The extent of the presence of terrorists in Europe, the
United States, and the Middle East, and elsewhere around the
globe.
(C) The pursuit of weapons of mass destruction by al-Qaeda.
(D) The methods of recruitment by al-Qaeda and the
locations of its recruitment centers.
(E) The skills of terrorists, including general and
specialized operative training.
(F) The means by which legitimate financial activities are
used to hide terrorist operations.
(13) Key intelligence used to find Osama bin Laden was
obtained at least in part through the use of enhanced
interrogation of detainees at the Guantanamo Bay Detention
Facility, with Leon Panetta, Director of the Central
Intelligence Agency, acknowledging that ``[c]learly some of
it came from detainees and the interrogation of detainees. .
.'' and confirming that ``they used these enhanced
interrogation techniques against some of those detainees''.
(b) Requirement.--Each high-value enemy combatant who is
captured or otherwise taken into long-term custody or
detention by the United States shall, while under such
detention of the United States, be detained at the Guantanamo
Bay Detention Facility (GTMO) at United States Naval Station,
Guantanamo Bay, Cuba.
(c) High-value Enemy Combatant Defined.--In this section,
the term ``high-value enemy combatant'' means an enemy
combatant who--
(1) is a senior member of al-Qaeda, the Taliban, or any
associated terrorist group;
(2) has knowledge of an imminent terrorist threat against
the United States or its territories, the Armed Forces of the
United States, the people or organizations of the United
States, or an ally of the United States;
(3) has, or has had, direct involvement in planning or
preparing a terrorist action against the United States or an
ally of the United States or in assisting the leadership of
al-Qaeda, the Taliban, or any associated terrorist group in
planning or preparing such a terrorist action; or
(4) if released from detention, would constitute a clear
and continuing threat to the United States or any ally of the
United States.
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. FRANKEN. Mr. President, the amendment I offered, No. 1197, will
help small businesses. Small businesses often serve as subcontractors,
or suppliers, to large corporations that have a primary government
contract. My amendment would help guarantee that small businesses get
paid by these large corporations in a timely way. More specifically, my
amendment would require the Office of Management and Budget to issue
regulations in the next year to do this.
This amendment sounds simple. There is a reason for that. It is. It
is something we can do here today that will offer real and significant
help to small businesses. It is going to offer predictability and
certainty to them.
Anyone who owns a small business will tell you that they can't hire
more people or plan for the future if they don't know when their next
paycheck is coming. Getting their money more predictably and quickly
will enable them to make the investments they need to grow, thrive, and
hire more people.
The administration has recognized that small businesses are the
engine that drives our economy. According to the U.S. Census Bureau,
small businesses create an overwhelming majority of all new jobs. Small
businesses are also responsible for producing half of the private
sector GDP.
Given this, it makes sense to me that we need to figure out how to
make sure small businesses are getting paid on

[[Page S7692]]

time. OMB recognized this and issued a new policy statement that will
require all Federal agencies to make payments to their small business
contractors within 15 days of receiving an invoice. But the fact is, a
lot of small businesses serve as subcontractors to direct prime
contractors. It only makes sense that we should require our large prime
contractors to play by the same rules we play by and to pay their
suppliers in a timely manner.
When Congress passed the Prompt Payments Act back in 1983, it
recognized that the Federal Government needed to lead by example, and
that we should be paying all of our contractors in no more than 30 days
after the contractor sent an invoice our way. Congress went back in
1988 to create an obligation on construction contractors that they pay
their suppliers within 7 days of the government paying them. But no
other contractors were under the same commonsense obligation. I think
that is a mistake we should correct, especially as we are pouring
billions and billions of government dollars into contingency operations
overseas--and all sorts of other projects that have nothing to do with
construction. All suppliers working with these contractors deserve to
be paid on time. I am hoping one day we can tackle this problem for all
subcontractors, not just small businesses that are contractors.
For now, my amendment takes a modest approach and focuses on the
biggest problem--creating certainty and predictability for small
business subcontractors.
The National Federation of Independent Business recently conducted a
survey, and they found nearly 40 percent of firms reported that
receivables are coming in at a slower pace. I have heard stories from
companies that have not been paid in 90 days or 120 days after they
have invoiced. This is unacceptable.
These sorts of delays affect cashflow for these small businesses and
make it tough for these businesses to meet payroll obligations and pay
their other basic bills, such as their rent.
I want to tell a personal story that relates to small businesses and
how important it is to them to be paid on time or how important
cashflow is. My uncle, Lionel Kunst, was a small businessman. He died
in 1994. I went to his funeral. At the funeral were a number of his
business associates--people who supplied him. He made fabric, quilting.
These were people who supplied him and people whom he supplied. One
after another got up and testified how quickly he paid, or how, if they
could not pay on time, he would cut them some slack. That is how
important this is. That is how important it was to them. My uncle was a
mensch. It was a big deal. These guys got up and all talked about this.
This is what we should do. We should do it for these small business
subcontractors--make sure they get paid on time. That is all.
This is a sensible, simple solution to a real problem that small
businesses are confronting. I urge my colleagues to support me in this
effort.
I thank the Chair and yield the floor.
Mr. INHOFE. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CASEY. Mr. President, I would first of all like to thank Chairman
Levin and Ranking Member McCain for their work on this national defense
authorization bill, and tonight I will speak to an amendment I filed. I
will not call it up for now. I just want to speak to it. This is a
critically important debate for the country, and I know the chairman
and ranking member have worked very hard on it.
I have had the honor and the pleasure to work with Senator Levin on a
number of measures over the years, and one of the real concerns we all
have is what is happening to our troops as it relates to IEDs--
improvised explosive devices. It has been central to the work many of
us have done, certainly my work as a member of the Foreign Relations
Committee, and, of course, Chairman Levin and so many others working on
this bill for a long time.
It does have a daily impact, obviously, on our troops and on their
families. Often the best words about our soldiers and the war itself
come from Lincoln when he talked about those who lose their life in
battle, those who gave, as he said, ``the last full measure of devotion
to their country.'' But he also talked about those who served and are
wounded and who come back. His words to describe those soldiers, when
he spoke of them, was ``him who has borne the battle.''
I think about those words when I consider those who have borne the
battle and come back with not just injuries but with grievous
injuries--sometimes almost irreparable harm done to them because of the
explosion they lived through from an IED.
I was in Bethesda Naval Hospital a couple weeks ago. It is one of the
real privileges of serving in the Senate that we are given the
opportunity to meet so many brave young men and women who serve--those
who serve and are never hurt, those who serve and are wounded, and, of
course, unfortunately, we meet the families of those who lose their
life in battle. But as I said, a couple weeks ago, at Bethesda Naval
Hospital, I walked into the room of a soldier who had been injured and
was recovering. His parents and his brother were in the room with him.
One is always worried about staying too long because you feel like you
are almost intruding. But for some reason, that night, I didn't feel I
was intruding because this wounded soldier wanted to talk. He wanted to
talk about his service, he wanted to talk about his love for his
country, how he was injured, and he also talked about the future--what
he wanted to do when he left that hospital bed.
It was a stunning moment for me to hear--from a soldier who is
looking up from his hospital bed--of the optimism he displayed about
his future. The calm with which he could speak about his service was,
to me, stunning. He talked as if he were just recovering from a minor
injury. Halfway through my visit, I almost had to remind myself of the
injuries he was suffering from. He had both legs blown off below the
knee from an IED blast. But despite that, despite the horror of it,
despite the damage done to his body--a 20-year-old soldier--he was
talking about the future, what he was going to do when he left that
hospital, and he was talking about his service.
So when we see soldiers such as him, I think it inspires us all the
more and compels us to do more when it comes to protecting our troops
against the scourge of IEDs. We know, and so many people here know,
that they are the top killer of our troops in Afghanistan. The primary
ingredient in IEDs found in Regional Command South, in Afghanistan--
where the Presiding Officer and I were in August--is a fertilizer
called calcium ammonium nitrate, known by the acronym CAN. It is banned
in Afghanistan but unfortunately is produced in a few factories in
Pakistan. Just a small percentage of what is produced in Pakistan finds
its way into Afghanistan and becomes the main ingredient in the IEDs.
Most of the calcium ammonium nitrate used in IEDs, unfortunately, comes
from Pakistan.
Over the past 2 years, I have led an effort to urge Pakistan to do
more to address this threat. I have sent letters, we passed a
resolution in the Senate, and I traveled to Afghanistan and Pakistan
last August to make the case directly to the leaders in Islamabad, the
capital of Pakistan. As I mentioned, the Presiding Officer, Senator
Bennet, along with Senators Blumenthal of Connecticut and Whitehouse of
Rhode Island traveled with me. We spent a good deal of time in
Pakistan--3 days. I think we were pretty consistent in the delivery of
that message; that we were not only providing a sense of urgency but
almost a directive, as best we could, urging and pushing their
government as hard as we could to help us and to help themselves, by
the way, because a lot of Pakistanis lose their lives this way as well.

So during these meetings, Senators Bennet, Blumenthal, Whitehouse,
and I heard good things; that the Pakistani Government had developed a
plan, a strategy to deal with this--a plan to tighten their borders, a
plan to regulate the sale of calcium ammonium nitrate and other IED
precursor materials, and a plan which included

[[Page S7693]]

conducting a public relations campaign to sensitize the Pakistani
people to the dangers posed by these materials. This political
commitment was encouraging, but given the ongoing and increasing threat
to our troops, we need to maintain a sense of urgency about it. I think
we owe our troops nothing less than that sense of urgency.
During our meetings in Islamabad, we also discussed the serious
threat IEDs pose to the Pakistani people, as I mentioned a moment ago.
More than 500 Pakistanis have been killed by IEDs since the beginning
of this calendar year. This is a common threat that requires a common
solution. This is something we can and should work on together.
It is no secret the relationship between the United States and
Pakistan is not a good relationship right now. It is a vast
understatement to say it has soured dramatically. There is an awful lot
of tension and mistrust and a real breakdown in this relationship. One
of the ways--not the only way but one of the ways--we can build some
confidence so we can begin to work together on a common threat is for
the Pakistani Government to take concerted action on the question of
IEDs.
I do want to commend and thank those three Senators I mentioned who
were on the trip with me--Senator Bennet of Colorado, the Presiding
Officer, who was there for every meeting and worked very hard with us;
Senator Whitehouse as well, from Rhode Island; and Senator Blumenthal
was also with us, who spoke today about this today. I didn't hear him
give his remarks on the floor, but my staff told me about them, and I
thank him for those words and for the dedication to this issue he and
Senators Bennett and Whitehouse have given during our trip in August
and since that trip. I am proud to join them on this effort today and
every day that we have been working on it. I also thank Senator
Barrasso from Wyoming for his leadership and willingness to work with
us on this amendment.
This is a critical issue for our troops and for their families. I
think it was so important that we delivered during our trip, and
continue to deliver thereafter, a strong bipartisan message to the
Pakistani Government and to any official in their government who has
anything to do with this issue. I think we can deliver another message
by way of this amendment on this bill. This amendment will hold
Pakistan to its commitments--the commitments it already made to its
strategic plan to counter IEDs.
As we know well, these IEDs are killing and injuring our troops at a
terribly alarming rate. While we can never completely eradicate the
component parts of IEDs, we can make life difficult for the bombmaker
if we pass this amendment. We should recommit ourselves to this
important mission and redouble our efforts to limit the availability of
these component parts on the battlefield. Again, we owe nothing less
than that to our troops.
Often, I have said that when we talk about the commitment and the
sacrifice of our troops, we should also talk about praying for them,
and we all do that. Thank goodness, the American people pray on a
regular basis for our troops. But I think we should also, once in a
while, pray for ourselves; that we may be worthy of the valor of our
troops. There aren't a lot of ways to prove yourself worthy of the
valor of our troops, but one way Members of the Senate and House can
prove ourselves worthy of that valor is to pass amendments, such as
this amendment, to force, as best we can, officials in Pakistan to do
what is right for our troops and their families, for our country but
also to do what is right for their own people--the people in Pakistan
who are threatened every day by IEDs.
I will conclude by saying we have an opportunity to prove ourselves
worthy of the valor of our troops, and passing this amendment is one
such way to do it.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CASEY. I ask unanimous consent to set aside the pending
amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendments Nos. 1215, 1139, and 1140

Mr. CASEY. Mr. President, I call up three amendments.
The first amendment is amendment No. 1215, the second is amendment
No. 1139, and the third is amendment No. 1140.
The PRESIDING OFFICER. Is there objection?
Without objection, the clerk will report.
The bill clerk read as follows:

The Senator from Pennsylvania [Mr. Casey] proposes
amendments numbered 1215, 1139, and 1140.

The amendments are as follows:

Amendment No. 1215

(Purpose: To require a certification on efforts by the Government of
Pakistan to implement a strategy to counter improvised explosive
devices)

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

SEC. 1230. CERTIFICATION REQUIREMENT REGARDING EFFORTS BY
GOVERNMENT OF PAKISTAN TO IMPLEMENT A STRATEGY
TO COUNTER IMPROVISED EXPLOSIVE DEVICES.

(a) Certification Requirement.--
(1) In general.--None of the amounts authorized to be
appropriated under this Act for the Pakistan
Counterinsurgency Fund may be made for the Government of
Pakistan until the Secretary of Defense, in consultation with
the Secretary of State, certifies to the congressional
defense committees and the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives that the Government of Pakistan is
demonstrating a continuing commitment to and is making
significant efforts towards the implementation of a strategy
to counter improvised explosive devices (IEDs).
(2) Significant implementation efforts.--For purposes of
this subsection, significant implementation efforts include
attacking IED networks, monitoring of known precursors used
in IEDs, and the development of a strict protocol for the
manufacture of explosive materials, including calcium
ammonium nitrate, and accessories and their supply to
legitimate end users.
(b) Waiver.--The Secretary of Defense, in consultation with
the Secretary of State, may waive the requirements of
subsection (a) if the Secretary determines it is in the
national security interest of the United States to do so.

Amendment No. 1139

(Purpose: To require contractors to notify small business concerns that
have been included in offers relating to contracts let by Federal
agencies)

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

SEC. 889. SUBCONTRACTOR NOTIFICATIONS.

Section 8(d) of the Small Business Act (15 U.S.C. 637(d))
is amended by adding at the end the following:
``(13) Notification Requirement.--An offeror with respect
to a contract let by a Federal agency that is to be awarded
pursuant to the negotiated method of procurement that intends
to identify a small business concern as a potential
subcontractor in the offer relating to the contract shall
notify the small business concern that the offeror intends to
identify the small business concern as a potential
subcontractor in the offer.
``(14) Reporting by Subcontractors.--The Administrator
shall establish a reporting mechanism that allows a
subcontractor to report fraudulent activity by a contractor
with respect to a subcontracting plan submitted to a
procurement authority under paragraph (4)(B).''.

Amendment No. 1140

(Purpose: To require a report by the Comptroller General on Department
of Defense military spouse employment programs)

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

SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
DEPARTMENT OF DEFENSE MILITARY SPOUSE
EMPLOYMENT PROGRAMS.

(a) In General.--The Comptroller General of the United
States shall carry out a review of all current Department of
Defense military spouse employment programs.
(b) Elements.--The review required by subsection (a) shall,
address, at a minimum, the following:
(1) The efficacy and effectiveness of Department of Defense
military spouse employment programs.
(2) All current Department programs to support military
spouses or dependents for the purposes of employment
assistance.
(3) The types of military spouse employment programs that
have been considered or used in the past by the Department.
(4) The ways in which military spouse employment programs
have changed in recent years.
(5) The benefits or programs that are specifically
available to provide employment assistance to spouses of
members of the Armed Forces serving in Operation Iraqi
Freedom, Operation Enduring Freedom, or Operation

[[Page S7694]]

New Dawn, or any other contingency operation being conducted
by the Armed Forces as of the date of such review.
(6) Existing mechanisms available to military spouses to
express their views on the effectiveness and future direction
of Department programs and policies on employment assistance
for military spouses.
(7) The oversight provided by the Office of Personnel and
Management regarding preferences for military spouses in
Federal employment.
(c) Comptroller General Report.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller
General shall submit to the congressional defense committees
a report on the review carried out under subsection (a). The
report shall set forth the following:
(1) The results of the review concerned.
(2) Such clear and concrete metrics as the Comptroller
General considers appropriate for the current and future
evaluation and assessment of the efficacy and effectiveness
of Department of Defense military spouse employment programs.
(3) A description of the assumptions utilized in the
review, and an assessment of the validity and completeness of
such assumptions.
(4) Such recommendations as the Comptroller General
considers appropriate for improving Department of Defense
military spouse employment programs.
(d) Department of Defense Report.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report setting forth the number (or a reasonable estimate
if a precise number is not available) of military spouses who
have obtained employment following participation in
Department of Defense military spouse employment programs.
The report shall set forth such number (or estimate) for the
Department of Defense military spouse employment programs as
a whole and for each such military spouse employment program.

Mr. CASEY. Mr. President, I ask unanimous consent to set those three
amendments aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CASEY. I yield the floor, and I would suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. LEVIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Authority to Sign Duly Enrolled Bills or Joint Resolutions

Mr. LEVIN. I ask unanimous consent that on Thursday, November 17,
2011, Senator Bennet be authorized to sign duly enrolled bills or joint
resolutions.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEVIN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. LEVIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 1092

Mr. LEVIN. Mr. President, I ask for the regular order on the Levin-
McCain amendment.
The PRESIDING OFFICER. The amendment is the regular order. It is now
pending.

____________________