S.Amdt. 1201Senate112th Congress (2011-2013)2nd degree
S.Amdt. 1201
Sponsored by 
Sen. Jim Webb (D-VA)
Sen. Jim Webb (D-VA)Submitted November 17, 2011
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 1062. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1031.
______
SA 1063. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF
DEPARTMENT OF DEFENSE.
Section 1003(a)(2)(A)(ii) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2440; 10 U.S.C. 2222 note) is amended by striking
``September 30, 2017'' and inserting ``September 30, 2014''.
______
SA 1064. Mr. PAUL (for himself, Mrs. Gillibrand, Mr. Wyden, Mr.
Leahy, and Mr. Manchin) submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1230. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ.
The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50
U.S.C. 1541 note) is repealed effective on the date of the
enactment of this Act or January 1, 2012, whichever occurs
later.
______
SA 1065. Ms. AYOTTE (for herself, Mr. McCain, and Mr. Reed) submitted
an amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:
At the end of subtitle C of title I, add the following:
SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.
Section 8062(g)(1) of title 10, United States Code, is
amended--
(1) by striking ``October 1, 2009'' and inserting ``October
1, 2011''; and
(2) by striking ``316 aircraft'' and inserting ``301
aircraft''.
______
SA 1066. Ms. AYOTTE submitted an amendment intended to be proposed by
her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF
DEPARTMENT OF DEFENSE.
Section 1003(a)(2)(A)(ii) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2440; 10 U.S.C. 2222 note) is amended by inserting
``, and that a complete and validated full statement of
budget resources is ready by not later than September 30,
2014'' after ``validated as ready for audit by not later than
September 30, 2017''.
______
SA 1067. Ms. AYOTTE submitted an amendment intended to be proposed by
her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1038. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO
THE INITIAL CUSTODY AND FURTHER DISPOSITION OF
MEMBERS AL-QAEDA AND AFFILIATED ENTITIES.
(a) Required Notification With Respect to Initial
Custody.--
(1) In general.--When a covered person, as defined in
subsection (c), is taken into the custody of the United
States Government, the Secretary of Defense and the Director
of National Intelligence shall notify the specified
congressional committees, as defined in subsection (d),
within 10 days.
(2) Reporting requirement.--The notification submitted
pursuant to paragraph (1) shall be in classified form and
shall include, at a minimum, the suspect's name, nationality,
date of capture or transfer to the United States, location of
capture, places of custody since capture or transfer,
suspected terrorist affiliation and activities, and agency
responsible for interrogation.
(b) Required Notification With Respect to Further
Disposition.--
(1) In general.--Not later than 60 days after the United
States Government takes custody of a covered person, the
Secretary of Defense and the Director of National
Intelligence shall notify and inform the specified
congressional committees of the intended disposition of the
covered person under section 1031(c).
(2) Reporting requirement.--The notification required under
paragraph (1) shall be in classified form and shall include
the relevant facts, justification, and rationale that serves
as the basis for the disposition option chosen.
(c) Covered Persons.--For the purposes of this section, a
covered person is an individual suspected of being--
(1) a member of, or part of, al-Qaeda or an affiliated
entity; and
(2) a participant in the course of planning or carrying out
an attack or attempted attack against the United States or
its coalition partners.
(d) Specified Congressional Committees.--In this section,
the term ``specified congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Select Committee on Intelligence of the Senate; and
(4) the Permanent Select Committee on Intelligence of the
House of Representatives.
(e) Effective Date.--This section shall take effect 60 days
after the date of the enactment of this Act, and shall apply
with respect to persons described in subsection (c) who are
taken into the custody or brought under the control of the
United States on or after that date.
______
SA 1068. Ms. AYOTTE (for herself, Mr. Chambliss, and Mr. Graham)
submitted an amendment intended to be proposed by her to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1038. AUTHORITY FOR LAWFUL INTERROGATION METHODS IN
ADDITION TO THE INTERROGATION METHODS
AUTHORIZED BY THE ARMY FIELD MANUAL.
(a) Authority.--Notwithstanding section 1402 of the
Detainee Treatment Act of 2005 (10 U.S.C. 801 note), the
personnel of the United States Government specified in
subsection (c) are hereby authorized to engage in
interrogation for the purpose of collecting foreign
intelligence information using methods set forth in the
classified annex required by subsection (b) provided that
such interrogation methods comply with all applicable laws,
including the laws specified in subsection (d).
[[Page S7717]]
(b) Classified Annex.--Not later than 90 days after the
date of the enactment of this Act, and on such basis
thereafter as may be necessary for the effective collection
of foreign intelligence information, the Secretary of Defense
shall, in consultation with the Director of National
Intelligence and the Attorney General, ensure the adoption of
a classified annex to Army Field Manual 2-22.3 that sets
forth interrogation techniques and approaches, in addition to
those specified in Army Field Manual 2-22.3, that may be used
for the effective collection of foreign intelligence
information.
(c) Covered Personnel.--The personnel of the United States
Government specified in this subsection are the officers and
employees of the elements of the intelligence community that
are assigned to or support the entity responsible for the
interrogation of high value detainees (currently known as the
``High Value Detainee Interrogation Group''), or a successor
entity.
(d) Specified Laws.--The law specified in this subsection
is as follows:
(1) The United Nations Convention Against Torture, signed
at New York, February 4, 1985.
(2) Chapter 47A of title 10, United States Code, relating
to military commissions (as amended by the Military
Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) The Detainee Treatment Act of 2005 (title XIV of Public
Law 109-163).
(4) Section 2441 of title 18, United States Code.
(e) Supersedure of Executive Order.--The provisions of
Executive Order No. 13491, dated January 22, 2009, shall have
no further force or effect, to the extent such provisions are
inconsistent with the provisions of this section.
(f) Definitions.--In this section:
(1) Element of the intelligence community.--The term
``element of the intelligence community'' means an element of
the intelligence community listed or designated under section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(2) Foreign intelligence information.--The term ``foreign
intelligence information'' has the meaning given that term in
section 101(e) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801(e)).
______
SA 1069. Ms. KLOBUCHAR (for herself, Mr. Thune, Mr. Johnson of South
Dakota, Mr. Franken, Mr. Harkin, and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 957 proposed by Mr.
Reid to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
On page 37, between lines 15 and 16, insert the following:
Sec. 2__. None of the funds appropriated or otherwise made
available by this Act for ongoing construction work on rural
water regional programs of the Bureau of Reclamation that is
in addition to the amount requested in the annual budget
submission of the President (including funds for related
settlements) shall be used by the Secretary of the Interior
to carry out any rural water supply project (as defined in
section 102 of the Reclamation Rural Water Supply Act of 2006
(43 U.S.C. 2401)) that is authorized after the date of
enactment of this Act unless the Secretary of the Interior,
not later than 60 days after the date of enactment of this
Act, issues a work plan prioritizing funding of rural water
supply projects carried out by the Bureau of Reclamation
based on the following criteria to better utilize taxpayer
dollars:
(1) The percentage of the rural water supply project to be
carried out that is complete (as of the date of enactment of
this Act) or will be completed by September 30, 2012.
(2) The number of people served or expected to be served by
the rural water supply project.
(3) The amount of non-Federal funds previously provided or
certified as available for the cost of the rural water supply
project.
(4) The extent to which the rural water supply project
benefits tribal components.
(5) The extent to which there is an urgent and compelling
need for a rural water supply project that would--
(A) improve the health or aesthetic quality of water;
(B) result in continuous, measurable, and significant water
quality benefits; or
(C) address current or future water supply needs of the
population served by the rural water supply project.
______
SA 1070. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle G of title X, add the following:
SEC. 1080. REPORT ON MANPADS IN LIBYA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter for
three years, the Secretary of State, in consultation with the
Secretary of Defense and the Director of National
Intelligence, shall submit to Congress a report in classified
and unclassified form on the disposition of and accounting
for the Man Portable Air Defense Systems (MANPADS) that were
under the control of the Government of Libya during the
regime of Colonel Muammar Gaddafi.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) Intelligence estimates as to the number of MANPADS
under the control of the Government of Libya prior to
February 16, 2011.
(2) A summary of United States and NATO efforts to account
for all of the MANPADS, and ancillary equipment necessary to
operate the MANPADS, following the beginning of NATO's
intervention in Libya.
(3) The comprehensive strategy to prevent terrorist
organizations from gaining control of the MANPADS.
(4) An assessment of the probability of and threat posed by
an air defense weapons system like MANPADS being obtained and
used by a terrorist organization.
______
SA 1071. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle E of title VIII, add the following:
SEC. 889. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH
RESPECT TO EVOLVED EXPENDABLE LAUNCH VEHICLE
PROGRAM.
The Secretary of Defense shall--
(1) redesignate the Evolved Expendable Launch Vehicle
program as a major defense acquisition program not in the
sustainment phase under section 2430 of title 10, United
States Code; or
(2) require the Evolved Expendable Launch Vehicle program--
(A) to provide to the congressional defense committees all
information with respect to the cost, schedule, and
performance of the program that would be required to be
provided under sections 2431 (relating to weapons development
and procurement schedules), 2432 (relating to Select
Acquisition Reports, including updated program life-cycle
cost estimates), and 2433 (relating to unit cost reports) of
title 10, United States Code, with respect to the program if
the program were designated as a major defense acquisition
program not in the sustainment phase; and
(B) to provide to the Under Secretary of Defense for
Acquisition, Technology, and Logistics--
(i) a quarterly cost and status report, commonly known as a
Defense Acquisition Executive Summary, which serves as an
early-warning of actual and potential problems with a program
and provides for possible mitigation plans; and
(ii) earned value management data that contains
measurements of contractor technical, schedule, and cost
performance.
______
SA 1072. Mr. LEAHY (for himself, Mr. Graham, Mr. Rockefeller, Ms.
Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr. Begich, Mr. Bennet,
Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr. Boozman, Mrs. Boxer, Mr.
Brown, of Massachusetts, Mr. Brown, of Ohio, Mr. Burr, Ms. Cantwell,
Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. Conrad, Mr. Coons,
Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. Feinstein, Mr.
Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. Harkin, Mr.
Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, Mr. Johnson,
of Wisconsin, Mr. Johnson, of South Dakota, Ms. Klobuchar, Ms.
Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs.
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs.
Murray, Mr. Nelson, of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr.
Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. Tester, Mr. Udall, of
Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr.
Toomey, and Mr. Kerry) submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follow:
: At the end of division A, add the following:
TITLE XVI--NATIONAL GUARD EMPOWERMENT
SEC. 1601. SHORT TITLE.
This title may be cited as the ``National Guard Empowerment
and State-National Defense Integration Act of 2011''.
[[Page S7718]]
SEC. 1602. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE
NATIONAL GUARD BUREAU AND TERMINATION OF
POSITION OF DIRECTOR OF THE JOINT STAFF OF THE
NATIONAL GUARD BUREAU.
(a) Reestablishment and Termination of Positions.--Section
10505 of title 10, United States Code, is amended to read as
follows:
``Sec. 10505. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the
National Guard Bureau, selected by the Secretary of Defense
from officers of the Army National Guard of the United States
or the Air National Guard of the United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
service in an active status in the National Guard; and
``(C) are in a grade above the grade of brigadier general.
``(2) The Chief and Vice Chief of the National Guard Bureau
may not both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves
for a term of four years, but may be removed from office at
any time for cause.
``(B) The term of the Vice Chief of the National Guard
Bureau shall end within a reasonable time (as determined by
the Secretary of Defense) following the appointment of a
Chief of the National Guard Bureau who is a member of the
same armed force as the Vice Chief.
``(b) Duties.--The Vice Chief of the National Guard Bureau
performs such duties as may be prescribed by the Chief of the
National Guard Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau
shall be appointed to serve in the grade of lieutenant
general.
``(d) Functions as Acting Chief.--When there is a vacancy
in the office of the Chief of the National Guard Bureau or in
the absence or disability of the Chief, the Vice Chief of the
National Guard Bureau acts as Chief and performs the duties
of the Chief until a successor is appointed or the absence of
disability ceases.''.
(b) Conforming Amendments.--
(1) Section 10502 of such title is amended by striking
subsection (e).
(2) Section 10506(a)(1) of such title is amended by
striking ``and the Director of the Joint Staff of the
National Guard Bureau'' and inserting ``and the Vice Chief of
the National Guard Bureau''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of section 10502 of
such title is amended to read as follows:
``Sec. 10502. Chief of the National Guard Bureau:
appointment; advisor on National Guard matters; grade''.
(2) Table of sections.--The table of sections at the
beginning of chapter 1011 of such title is amended--
(A) by striking the item relating to section 10502 and
inserting the following new item:
``10502. Chief of the National Guard Bureau: appointment; advisor on
National Guard matters; grade.'';
and
(B) by striking the item relating to section 10505 and
inserting the following new item:
``10505. Vice Chief of the National Guard Bureau.''.
SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD
BUREAU ON THE JOINT CHIEFS OF STAFF.
(a) Membership on Joint Chiefs of Staff.--Section 151(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(7) The Chief of the National Guard Bureau.''.
(b) Conforming Amendments.--Section 10502 of such title, as
amended by section 2(b)(1) of this Act, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Member of Joint Chiefs of Staff.--The Chief of the
National Guard Bureau shall perform the duties prescribed for
him or her as a member of the Joint Chiefs of Staff under
section 151 of this title.''.
SEC. 1604. CONTINUATION AS A PERMANENT PROGRAM AND
ENHANCEMENT OF ACTIVITIES OF TASK FORCE FOR
EMERGENCY READINESS PILOT PROGRAM OF THE
FEDERAL EMERGENCY MANAGEMENT AGENCY.
(a) Continuation.--
(1) Continuation as permanent program.--The Administrator
of the Federal Emergency Management Agency shall continue the
Task Force for Emergency Readiness (TFER) pilot program of
the Federal Emergency Management Agency as a permanent
program of the Agency.
(2) Limitation on termination.--The Administrator may not
terminate the Task Force for Emergency Readiness program, as
so continued, until authorized or required to terminate the
program by law.
(b) Expansion of Program Scope.--As part of the
continuation of the Task Force for Emergency Readiness
program pursuant to subsection (a), the Administrator shall
carry out the program in at least five States in addition to
the five States in which the program is carried out as of the
date of the enactment of this Act.
(c) Additional FEMA Activities.--As part of the
continuation of the Task Force for Emergency Readiness
program pursuant to subsection (a), the Administrator shall--
(1) establish guidelines and standards to be used by the
States in strengthening the planning and planning capacities
of the States with respect to responses to catastrophic
disaster emergencies; and
(2) develop a methodology for implementing the Task Force
for Emergency Readiness that includes goals and standards for
assessing the performance of the Task Force.
(d) National Guard Bureau Activities.--As part of the
continuation of the Task Force for Emergency Readiness
program pursuant to subsection (a), the Chief of the National
Guard Bureau shall--
(1) assist the Administrator in the establishment of the
guidelines and standards, implementation methodology, and
performance goals and standards required by subsection (c);
(2) in coordination with the Administrator--
(A) identify, using catastrophic disaster response plans
for each State developed under the program, any gaps in State
civilian and military response capabilities that Federal
military capabilities are unprepared to fill; and
(B) notify the Secretary of Defense, the Commander of the
United States Northern Command, and the Commander of the
United States Pacific Command of any gaps in capabilities
identified under subparagraph (A); and
(3) acting through and in coordination with the Adjutants
General of the States, assist the States in the development
of State plans on responses to catastrophic disaster
emergencies.
(e) Annual Reports.--The Administrator and the Chief of the
National Guard Bureau shall jointly submit to the appropriate
committees of Congress each year a report on activities under
the Task Force for Emergency Readiness program during the
preceding year. Each report shall include a description of
the activities under the program during the preceding year
and a current assessment of the effectiveness of the program
in meeting its purposes.
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
SEC. 1605. REPORT ON COMPARATIVE ANALYSIS OF COSTS OF
COMPARABLE UNITS OF THE RESERVE COMPONENTS AND
THE REGULAR COMPONENTS OF THE ARMED FORCES.
(a) Report Required.--
(1) In general.--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 a comparative analysis of the costs of units of
the regular components of the Armed Forces with the costs of
similar units of the reserve components of the Armed Forces.
The analysis shall include a separate comparison of the costs
of units in the aggregate and of the costs of units solely
when on active duty.
(2) Similar units.--For purposes of this subsection, units
of the regular components and reserve components shall be
treated as similar if such units have the same general
structure, personnel, or function, or are substantially
composed of personnel having identical or similar military
occupational specialties (MOS).
(b) Assessment of Increased Reserve Component Presence in
Total Force Structure.--The Secretary shall include in the
report required by subsection (a) an assessment of the
advisability of increasing the number of units and members of
the reserve components of the Armed Forces within the total
force structure of the Armed Forces. The assessment shall
take into account the comparative analysis conducted for
purposes of subsection (a) and such other matters as the
Secretary considers appropriate for purposes of the
assessment.
(c) Comptroller General Report.--Not later than 180 days
after the date of the submittal of the report required by
subsection (a), the Comptroller General of the United States
shall submit to the congressional defense committees a report
setting forth a review of such report by the Comptroller
General. The report of the Comptroller General shall include
an assessment of the comparative analysis contained in the
report required by subsection (a) and of the assessment of
the Secretary pursuant to subsection (b).
SEC. 1606. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE
RESERVE COMPONENTS OF THE ARMED FORCES UNDER
ESTIMATED EXPENDITURES FOR PROCUREMENT IN
FUTURE-YEARS DEFENSE PROGRAMS.
Each future-years defense program submitted to Congress
under section 221 of title 10, United States Code, shall, in
setting forth estimated expenditures and item quantities for
procurement for the Armed Forces for the fiscal years covered
by such program, display separately under such estimated
expenditures and item quantities the estimated
[[Page S7719]]
expenditures for each such fiscal year for equipment for each
reserve component of the Armed Forces that will receive items
in any fiscal year covered by such program.
SEC. 1607. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED
STATES NORTHERN COMMAND AND OTHER COMBATANT
COMMANDS.
(a) Commands Responsible for Support to Civil Authorities
in the United States.--The United States Northern Command and
the United States Pacific Command shall be the combatant
commands of the Armed Forces that are principally responsible
for the support of civil authorities in the United States by
the Armed Forces.
(b) Discharge of Responsibility.--In discharging the
responsibility set forth in subsection (a), the Commander of
the United States Northern Command and the Commander of the
United States Pacific Command shall each--
(1) in consultation with and acting through the Chief of
the National Guard Bureau and the Joint Force Headquarters of
the National Guard of the State or States concerned, assist
the States in the employment of the National Guard under
State control, including National Guard operations conducted
in State active duty or under title 32, United States Code;
and
(2) facilitate the deployment of the Armed Forces on active
duty under title 10, United States Code, as necessary to
augment and support the National Guard in its support of
civil authorities when National Guard operations are
conducted under State control, whether in State active duty
or under title 32, United States Code.
(c) Memorandum of Understanding.--
(1) Memorandum required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of the
United States Northern Command, the Commander of the United
States Pacific Command, and the Chief of the National Guard
Bureau shall, with the approval of the Secretary of Defense,
jointly enter into a memorandum of understanding setting
forth the operational relationships, and individual roles and
responsibilities, during responses to domestic emergencies
among the United States Northern Command, the United States
Pacific Command, and the National Guard Bureau.
(2) Modification.--The Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Chief of the National Guard Bureau may from
time to time modify the memorandum of understanding under
this subsection to address changes in circumstances and for
such other purposes as the Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Chief of the National Guard Bureau jointly
consider appropriate. Each such modification shall be subject
to the approval of the Secretary of Defense.
(d) Authority To Modify Assignment of Command
Responsibility.--Nothing in this section shall be construed
as altering or limiting the power of the President or the
Secretary of Defense to modify the Unified Command Plan in
order to assign all or part of the responsibility described
in subsection (a) to a combatant command other than the
United States Northern Command or the United States Pacific
Command.
(e) Regulations.--The Secretary of Defense shall prescribe
regulations for purposes of aiding the expeditious
implementation of the authorities and responsibilities in
this section.
SEC. 1608. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS
IN CERTAIN COMMAND POSITIONS.
(a) Commander of Army North Command.--The officer serving
in the position of Commander, Army North Command, shall be an
officer in the Army National Guard of the United States.
(b) Commander of Air Force North Command.--The officer
serving in the position of Commander, Air Force North
Command, shall be an officer in the Air National Guard of the
United States.
(c) Sense of Congress.--It is the sense of Congress that,
in assigning officers to the command positions specified in
subsections (a) and (b), the President should afford a
preference in assigning officers in the Army National Guard
of the United States or Air National Guard of the United
States, as applicable, who have served as the adjutant
general of a State.
SEC. 1609. AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP
PROGRAM FOR ADDITIONAL NATIONAL GUARD CONTACTS
ON MATTERS WITHIN THE CORE COMPETENCIES OF THE
NATIONAL GUARD.
The Secretary of Defense shall, in consultation with the
Secretary of State, modify the regulations prescribed
pursuant to section 1210 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2517; 32 U.S.C. 107 note) to provide for the use of
funds available pursuant to such regulations for contacts
between members of the National Guard and civilian personnel
of foreign governments outside the ministry of defense on
matters within the core competencies of the National Guard
such as the following:
(1) Disaster response and mitigation.
(2) Defense support to civilian authorities.
(3) Consequence management and installation protection.
(4) Chemical, biological, radiological, or nuclear event
(CBRNE) response.
(5) Border and port security and cooperation with civilian
law enforcement.
(6) Search and rescue.
(7) Medical matters.
(8) Counterdrug and counternarcotics activities.
(9) Public affairs.
(10) Employer and family support of reserve forces.
(11) Such other matters within the core competencies of the
National Guard and suitable for contacts under the State
Partnership Program as the Secretary of Defense shall
specify.
______
SA 1073. Mr. CARDIN (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 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.
______
SA 1074. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 2354, making appropriations for energy
and water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
In the matter under the heading ``Fossil Energy Research
and Development'' of title III, before the period at the end,
insert the following: ``: Provided further, That the
Secretary of Energy shall allocate an additional $30,000,000
for the fossil energy research and development program of the
Department of Energy, of which $10,000,000 shall be for the
unconventional fossil energy account, $10,000,000 shall be
for the advanced energy systems account, and $10,000,000
shall be for the natural gas technology account, to be
derived by the transfer of $30,000,000 from the amount made
available under the heading `Advanced Research Projects
Agency--Energy' ''.
______
SA 1075. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 361, line 9, insert after ``a person who is
described in paragraph (2) who is captured'' the following:
``abroad''.
______
SA 1076. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1035.
______
SA 1077. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 359, line 13, insert after ``to detain covered
persons (as defined in subsection (b))'' the following: ``who
are captured in the course of hostilities''.
______
SA 1078. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1031.
______
SA 1079. Mr. LEAHY submitted an amendment intended to be proposed by
[[Page S7720]]
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1032.
______
SA 1080. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 361, line 9, insert after ``a person who is
described in paragraph (2) who is captured'' the following:
``abroad or on a United States military facility''.
______
SA 1081. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike subtitle D of title X.
______
SA 1082. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1033.
______
SA 1083. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1034.
______
SA 1084. Mr. McCONNELL (for Mr. Kirk (for himself, Mr. Johanns, Mr.
Manchin, Mr. Heller, Mr. Blunt, Mr. Roberts, Mr. Rubio, Mr. Brown of
Massachusetts, Mr. Coats, and Mr. Tester)) proposed an amendment to the
bill S. 1867, to authorize appropriations for fiscal year 2012 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1243. IMPOSITION OF SANCTIONS ON FOREIGN FINANCIAL
INSTITUTIONS THAT CONDUCT TRANSACTIONS WITH THE
CENTRAL BANK OF IRAN.
Section 104 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8513)
is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Imposition of Sanctions on Foreign Financial
Institutions That Conduct Transactions With the Central Bank
of Iran.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
not later than 30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2012, the
President shall--
``(A) prohibit the opening or maintaining in the United
States of a correspondent account or a payable-through
account by a foreign financial institution that the President
determines has knowingly conducted any financial transaction
with the Central Bank of Iran; and
``(B) freeze and prohibit all transactions in all property
and interests in property of each such foreign financial
institution if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
``(2) Exception for sales of food, medicine, and medical
devices.--The President may not impose sanctions under
paragraph (1) on a foreign financial institution for engaging
in a transaction with the Central Bank of Iran for the sale
of food, medicine, or medical devices to Iran.
``(3) Applicability.--
``(A) In general.--Except as provided in subparagraph (B),
paragraph (1) applies with respect to financial transactions
commenced on or after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2012.
``(B) Petroleum transactions.--Paragraph (1) applies with
respect to financial transactions for the purchase of
petroleum or petroleum products through the Central Bank of
Iran commenced on or after the date that is 180 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2012.
``(4) Waiver.--
``(A) In general.--The President may waive the application
of paragraph (1) with respect to a foreign financial
institution for a period of not more than 60 days, and may
renew that waiver for additional periods of not more than 60
days, if the President determines and reports to the
appropriate congressional committees every 60 days that the
waiver is necessary to the national security interest of the
United States.
``(B) Form.--A report submitted pursuant to subparagraph
(A) shall be submitted in unclassified form, but may contain
a classified annex.
``(5) Foreign financial institution.--For purposes of this
subsection, the term `foreign financial institution' includes
a financial institution owned or controlled by a foreign
government.''.
______
SA 1085. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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, insert the following:
DIVISION ___--IDENTITY THEFT AND DATA PRIVACY
SEC. _01. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH
UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFIABLE
INFORMATION.
Section 1961(1) of title 18, United States Code, is amended
by inserting ``section 1030 (relating to fraud and related
activity in connection with computers) if the act is a
felony,'' before ``section 1084''.
SEC. _02. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN
CONNECTION WITH COMPUTERS.
Section 1030(c) of title 18, United States Code, is amended
to read as follows:
``(c) The punishment for an offense under subsection (a) or
(b) of this section is--
``(1) a fine under this title or imprisonment for not more
than 20 years, or both, in the case of an offense under
subsection (a)(1) of this section;
``(2)(A) except as provided in subparagraph (B), a fine
under this title or imprisonment for not more than 3 years,
or both, in the case of an offense under subsection (a)(2);
or
``(B) a fine under this title or imprisonment for not more
than ten years, or both, in the case of an offense under
paragraph (a)(2) of this section, if--
``(i) the offense was committed for purposes of commercial
advantage or private financial gain;
``(ii) the offense was committee in the furtherance of any
criminal or tortious act in violation of the Constitution or
laws of the United States, or of any State; or
``(iii) the value of the information obtained, or that
would have been obtained if the offense was completed,
exceeds $5,000;
``(3) a fine under this title or imprisonment for not more
than 1 year, or both, in the case of an offense under
subsection (a)(3) of this section;
``(4) a fine under this title or imprisonment of not more
than 20 years, or both, in the case of an offense under
subsection (a)(4) of this section;
``(5)(A) except as provided in subparagraph (D), a fine
under this title, imprisonment for not more than 20 years, or
both, in the case of an offense under subsection (a)(5)(A) of
this section, if the offense caused--
``(i) loss to 1 or more persons during any 1-year period
(and, for purposes of an investigation, prosecution, or other
proceeding brought by the United States only, loss resulting
from a related course of conduct affecting 1 or more other
protected computers) aggregating at least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety;
``(v) damage affecting a computer used by, or on behalf of,
an entity of the United States Government in furtherance of
the administration of justice, national defense, or national
security; or
``(vi) damage affecting 10 or more protected computers
during any 1-year period;
``(B) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(B), if the offense caused a harm provided
in clause (i) through (vi) of subparagraph (A) of this
subsection;
``(C) if the offender attempts to cause or knowingly or
recklessly causes death from
[[Page S7721]]
conduct in violation of subsection (a)(5)(A), a fine under
this title, imprisonment for any term of years or for life,
or both; or
``(D) a fine under this title, imprisonment for not more
than 1 year, or both, for any other offense under subsection
(a)(5);
``(6) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(6) of this section; or
``(7) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(7) of this section.''.
SEC. _03. TRAFFICKING IN PASSWORDS.
Section 1030(a) of title 18, United States Code, is amended
by striking paragraph (6) and inserting the following:
``(6) knowingly and with intent to defraud traffics (as
defined in section 1029) in--
``(A) any password or similar information through which a
protected computer as defined in subparagraphs (A) and (B) of
subsection (e)(2) may be accessed without authorization; or
``(B) any means of access through which a protected
computer as defined in subsection (e)(2)(A) may be accessed
without authorization.''.
SEC. _04. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.
Section 1030(b) of title 18, United States Code, is amended
by inserting ``for the completed offense'' after ``punished
as provided''.
SEC. _05. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED
ACTIVITY IN CONNECTION WITH COMPUTERS.
Section 1030 of title 18, United States Code, is amended by
striking subsections (i) and (j) and inserting the following:
``(i) Criminal Forfeiture.--
``(1) The court, in imposing sentence on any person
convicted of a violation of this section, or convicted of
conspiracy to violate this section, shall order, in addition
to any other sentence imposed and irrespective of any
provision of State law, that such person forfeit to the
United States--
``(A) such person's interest in any property, real or
personal, that was used, or intended to be used, to commit or
facilitate the commission of such violation; and
``(B) any property, real or personal, constituting or
derived from any gross proceeds, or any property traceable to
such property, that such person obtained, directly or
indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this
subsection, including any seizure and disposition of the
property, and any related judicial or administrative
proceeding, shall be governed by the provisions of section
413 of the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. 853), except subsection (d) of that
section.
``(j) Civil Forfeiture.--
``(1) The following shall be subject to forfeiture to the
United States and no property right, real or personal, shall
exist in them:
``(A) Any property, real or personal, that was used, or
intended to be used, to commit or facilitate the commission
of any violation of this section, or a conspiracy to violate
this section.
``(B) Any property, real or personal, constituting or
derived from any gross proceeds obtained directly or
indirectly, or any property traceable to such property, as a
result of the commission of any violation of this section, or
a conspiracy to violate this section.
``(2) Seizures and forfeitures under this subsection shall
be governed by the provisions in chapter 46 of title 18,
United States Code, relating to civil forfeitures, except
that such duties as are imposed on the Secretary of the
Treasury under the customs laws described in section 981(d)
of title 18, United States Code, shall be performed by such
officers, agents and other persons as may be designated for
that purpose by the Secretary of Homeland Security or the
Attorney General.''.
SEC. _06. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1030 the
following:
``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE
COMPUTER.
``(a) Definitions.--In this section--
``(1) the terms `computer' and `damage' have the meanings
given such terms in section 1030; and
``(2) the term `critical infrastructure computer' means a
computer that manages or controls systems or assets vital to
national defense, national security, national economic
security, public health or safety, or any combination of
those matters, whether publicly or privately owned or
operated, including--
``(A) gas and oil production, storage, and delivery
systems;
``(B) water supply systems;
``(C) telecommunication networks;
``(D) electrical power delivery systems;
``(E) finance and banking systems;
``(F) emergency services;
``(G) transportation systems and services; and
``(H) government operations that provide essential services
to the public.
``(b) Offense.--It shall be unlawful to, during and in
relation to a felony violation of section 1030, intentionally
cause or attempt to cause damage to a critical infrastructure
computer, and such damage results in (or, in the case of an
attempt, would, if completed have resulted in) the
substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with the
computer.
``(c) Penalty.--Any person who violates subsection (b)
shall be fined under this title, imprisoned for not less than
3 years nor more than 20 years, or both.
``(d) Consecutive Sentence.--Notwithstanding any other
provision of law--
``(1) a court shall not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment, including
any term of imprisonment imposed on the person under any
other provision of law, including any term of imprisonment
imposed for the felony violation section 1030;
``(3) in determining any term of imprisonment to be imposed
for a felony violation of section 1030, a court shall not in
any way reduce the term to be imposed for such crime so as to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the
court, run concurrently, in whole or in part, only with
another term of imprisonment that is imposed by the court at
the same time on that person for an additional violation of
this section, provided that such discretion shall be
exercised in accordance with any applicable guidelines and
policy statements issued by the United States Sentencing
Commission pursuant to section 994 of title 28.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18, United States Code, is
amended by inserting after the item relating to section 1030
the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure
computer.''.
SEC. _07. LIMITATION ON CERTAIN ACTIONS INVOLVING
UNAUTHORIZED USE.
Section 1030(a)(2) of title 18, United States Code, is
amended by striking subsection (a)(2) and inserting the
following:
``(2) intentionally accesses a computer --
``(A) without authorization, and thereby obtains--
``(i) information contained in a financial record of a
financial institution, or of a card issuer as defined in
section 1602(n) of title 15, or contained in a file of a
consumer reporting agency on a consumer, as such terms are
defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.);
``(ii) information from any department or agency of the
United States; or
``(iii) information from any protected computer; or
``(B) in excess of authorization, thereby obtains--
``(i) information defined in subparagraph (A) (i) through
(iii); and
``(ii) the offense involves--
``(I) information that exceeds $5,000 in value;
``(II) sensitive or private information involving an
identifiable individual or entity (including such information
in the possession of a third party), including medical
records, wills, diaries, private correspondence, government-
issued identification numbers, unique biometric data,
financial records, photographs of a sensitive or private
nature, trade secrets, commercial business information, or
other similar information;
``(III) information that has been properly classified by
the United States Government pursuant to an Executive Order
or statute, or determined by the United States Government
pursuant to an Executive order or statute to require
protection against unauthorized disclosure for reasons of
national security, national defense, or foreign relations, or
any restricted data, as defined in paragraph y of section 11
of the Atomic Energy Act of 1954; or
``(IV) information obtained from a computer used by, or on
behalf of, a government entity.''.
SEC. _08. REPORTING OF CERTAIN CRIMINAL CASES.
Section 1030 of title 18, United States Code, is amended by
adding at the end the following:
``(k) Reporting Certain Criminal Cases.--Not later than 1
year after the date of the enactment of this Act, and
annually thereafter, the Attorney General shall report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives the number of
criminal cases brought under subsection (a)(2)(B), as amended
by this Act.''.
______
SA 1086. Mr. ROBERTS (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 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 I of title V, add the following:
[[Page S7722]]
SEC. ___. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF
HONOR TO EMIL KAPAUN FOR ACTS OF VALOR DURING
THE KOREAN WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor posthumously under section 3741 of such title to Emil
Kapaun for the acts of valor during the Korean War described
in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of then Captain Emil Kapaun
as a member of the 8th Cavalry Regiment during the Battle of
Unsan on November 1 and 2, 1950, and while a prisoner of war
until his death on May 23, 1951, during the Korean War.
______
SA 1087. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1044 and insert the following:
SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF
CERTAIN SENSITIVE NATIONAL SECURITY
INFORMATION.
(a) Critical Infrastructure Security Information.--
(1) In general.--The Secretary of Defense may exempt
Department of Defense critical infrastructure security
information from disclosure under section 552 of title 5,
United States Code, upon a written determination that--
(A) the disclosure of such information would reveal
vulnerabilities in such infrastructure that, if exploited,
could result in the disruption, degradation, or destruction
of Department of Defense operations, property, or facilities;
and
(B) the public interest in the disclosure of such
information does not outweigh the Government's interest in
withholding such information from the public.
(2) Information provided to state or local first
responders.--Critical infrastructure security information
covered by a written determination under this subsection that
is provided to a State or local government to assist first
responders in the event that emergency assistance should be
required shall be deemed to remain under the control of the
Department of Defense.
(b) Military Flight Operations Quality Assurance System.--
The Secretary of Defense may exempt information contained in
any data file of the Military Flight Operations Quality
Assurance system of a military department from disclosure
under section 552 of title 5, United States Code, upon a
written determination that the disclosure of such information
in the aggregate (and when combined with other information
already in the public domain) would reveal sensitive
information regarding the tactics, techniques, procedures,
processes, or operational and maintenance capabilities of
military combat aircraft, units, or aircrews. Information
covered by a written determination under this subsection
shall be exempt from disclosure under such section 552 even
when such information is contained in a data file that is not
exempt in its entirety from such disclosure.
(c) Delegation.--The Secretary of Defense may delegate the
authority to make a determination under subsection (a) or (b)
to any civilian official in the Department of Defense or a
military department who is appointed by the President, by and
with the advice and consent of the Senate.
(d) Transparency.--Each determination of the Secretary, or
the Secretary's designee, under subsection (a) or (b) shall
be made in writing and accompanied by a statement of the
basis for the determination. All such determinations and
statements of basis shall be available to the public, upon
request, through the office of the Assistant Secretary of
Defense for Public Affairs.
(e) Definitions.--In this section:
(1) The term ``Department of Defense critical
infrastructure security information'' means sensitive but
unclassified information that could substantially facilitate
the effectiveness of an attack designed to destroy equipment,
create maximum casualties, or steal particularly sensitive
military weapons including information regarding the securing
and safeguarding of explosives, hazardous chemicals, or
pipelines, related to critical infrastructure or protected
systems owned or operated by or on behalf of the Department
of Defense, including vulnerability assessments prepared by
or on behalf of the Department, explosives safety information
(including storage and handling), and other site-specific
information on or relating to installation security.
(2) The term ``data file'' means a file of the Military
Flight Operations Quality Assurance system that contains
information acquired or generated by the Military Flight
Operations Quality Assurance system, including the following:
(A) Any data base containing raw Military Flight Operations
Quality Assurance data.
(B) Any analysis or report generated by the Military Flight
Operations Quality Assurance system or which is derived from
Military Flight Operations Quality Assurance data.
______
SA 1088. Mr. BROWN of Massachusetts submitted an amendment intended
to be proposed by him to the bill S. 1867, to authorize appropriations
for fiscal year 2012 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 325. PUBLIC-PRIVATE COMPETITIONS FOR CONVERSION OF
DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE
BY CONTRACTORS.
Section 325 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2253) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Implementation of Policy on Public-private
Competitions.--The Secretary of Defense shall prescribe
regulations to ensure that the findings in the report
required under subsection (b) and any conclusions or
recommendations of the Comptroller General included in the
report required under subsection (c) are implemented not
later than one year after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2012.'';
and
(2) by striking subsection (d).
______
SA 1089. Mr. BROWN of Massachusetts submitted an amendment intended
to be proposed by him to the bill S. 1867, to authorize appropriations
for fiscal year 2012 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 547. DISCLOSURE REQUIREMENTS FOR POST-SECONDARY
INSTITUTIONS PARTICIPATING IN DEPARTMENT OF
DEFENSE TUITION ASSISTANCE PROGRAMS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Education, shall prescribe
regulations requiring post-secondary education institutions
that participate in Department of Defense tuition assistance
programs, as a condition of such participation, to disclose
with respect to each student receiving such tuition
assistance the following information:
(1) Whether the successful completion of the advertised
education or training program by a student meets
prerequisites for the purpose of applying for and completing
an examination or license required as a precondition for
employment in the occupation for which the program is
represented to prepare the student.
(2) The completion date of degree, certification, or
license sought by the student participating in the tuition
assistance program.
(b) Applicability.--For purposes of this section, the term
``Department of Defense tuition assistance program'' applies
to financial tuition assistance provided by the Department of
Defense to active duty servicemembers and eligible spouses.
______
SA 1090. Mr. BROWN of Massachusetts submitted an amendment intended
to be proposed by him to the bill S. 1867, to authorize appropriations
for fiscal year 2012 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title VI, add the following:
Subtitle D--Pay and Allowances
SEC. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR
NATIONAL GUARD MEMBERS WHO TRANSITION BETWEEN
ACTIVE DUTY AND FULL-TIME NATIONAL GUARD DUTY
WITHOUT A BREAK IN ACTIVE SERVICE.
Section 403(g) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(6) The rate of basic allowance for housing to be paid a
member of the Army National Guard of the United States or the
Air National Guard of the United States shall not be reduced
upon the transition of the member from active duty to full-
time National Guard duty, or from full-time National Guard
duty to active duty, when the transition occurs without a
break in active service.''.
______
SA 1091. Mr. SANDERS submitted an amendment intended to be proposed
to
[[Page S7723]]
amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making
appropriations for energy and water development and related agencies
for the fiscal year ending September 30, 2012, and for other purposes;
which was ordered to lie on the table; as follows:
On page 181, after line 9, insert the following:
Sec. __. (a) The Comptroller General of the United States
shall conduct a study regarding State legislative actions
during the 10 years prior to the date of enactment of this
Act that may affect voter registration or voting. The study
shall identify, by State, what documents are required in
order to obtain sufficient identification for registration or
voting, the cost to the individual for those documents, and
what access is available to the State agencies responsible
for providing that documentation, including hours of
operation and geographic distribution of the agencies. The
study shall identity the States that have passed voter
identification legislation, the States that are providing
free identification, the number of free identifications that
have been provided by each such State, and which agencies in
each such State have provided those identifications. The
study shall collect data on any prosecutions or convictions
for voter impersonation fraud within each State during the 10
years prior to the date of enactment of this Act. The study
shall also examine the extent to which each State complies
with data requests from the Federal Election Commission. The
Comptroller General shall collect this data to the extent
available and shall identify any limitations in collecting
such data. Not later than 120 days after the date of
enactment of this Act, the Government Accountability Office
shall provide an interim briefing to the committees of
jurisdiction of the Senate and the House of Representatives
on the study conducted under this subsection. Members of
Congress may request clarifying information as appropriate
based on the information provided in the briefing.
(b) Not later than 11 months after the date of enactment of
this Act, the Comptroller General shall submit to the
committees of jurisdiction of the Senate and the House of
Representatives a final report containing the results of the
study conducted under subsection (a).
______
SA 1092. Mr. LEVIN (for himself, Mr. McCain, Mr. Akaka, Mr.
Chambliss, Mr. Blumenthal, Mr. Inhofe, Mrs. Gillibrand, Mr. Nelson of
Nebraska, Ms. Stabenow, Mr. Udall of Colorado, Mr. Webb, Mr. Manchin,
and Mr. Whitehouse) proposed an amendment to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:
At the end of subtitle C of title VIII, add the following:
SEC. 848. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC
PARTS.
(a) Revised Regulations Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal
Acquisition Regulation to address the detection and avoidance
of counterfeit electronic parts.
(2) Contractor responsibilities.--The revised regulations
issued pursuant to paragraph (1) shall provide that--
(A) contractors on Department of Defense contracts for
products that include electronic parts are responsible for
detecting and avoiding the use or inclusion of counterfeit
electronic parts or suspect counterfeit electronic parts in
such products and for any rework or corrective action that
may be required to remedy the use or inclusion of such parts;
and
(B) the cost of counterfeit electronic parts and suspect
counterfeit electronic parts and the cost of rework or
corrective action that may be required to remedy the use or
inclusion of such parts are not allowable costs under such
contracts.
(3) Trusted suppliers.--The revised regulations issued
pursuant to paragraph (1) shall--
(A) require that, whenever possible, the Department of
Defense and Department of Defense contractors and
subcontractors--
(i) obtain electronic parts that are in production or
currently available in stock from the original manufacturers
of the parts or their authorized dealers, or from trusted
suppliers who obtain such parts exclusively from the original
manufacturers of the parts or their authorized dealers; and
(ii) obtain electronic parts that are not in production or
currently available in stock from trusted suppliers;
(B) establish requirements for notification of the
Department of Defense, inspection, test, and authentication
of electronic parts that the Department of Defense or a
Department of Defense contractor or subcontractor obtains
from any source other than a source described in subparagraph
(A);
(C) establish qualification requirements, consistent with
the requirements of section 2319 of title 10, United States
Code, pursuant to which the Department of Defense may
identify trusted suppliers that have appropriate policies and
procedures in place to detect and avoid counterfeit
electronic parts and suspect counterfeit electronic parts;
and
(D) authorize Department of Defense contractors and
subcontractors to identify and use additional trusted
suppliers, provided that--
(i) the standards and processes for identifying such
trusted suppliers complies with established industry
standards;
(ii) the contractor or subcontractor assumes responsibility
for the authenticity of parts provided by such supplier as
provided in paragraph (2); and
(iii) the selection of such trusted suppliers is subject to
review and audit by appropriate Department of Defense
officials.
(4) Reporting requirement.--The revised regulations issued
pursuant to paragraph (1) shall require that any Department
of Defense contractor or subcontractor who becomes aware, or
has reason to suspect, that any end item, component, part, or
material contained in supplies purchased by the Department of
Defense, or purchased by a contractor of subcontractor for
delivery to, or on behalf of, the Department of Defense,
contains counterfeit electronic parts or suspect counterfeit
electronic parts, shall provide a written report on the
matter within 30 calendar days to the Inspector General of
the Department of Defense, the contracting officer for the
contract pursuant to which the supplies are purchased, and
the Government-Industry Data Exchange Program or a similar
program designated by the Secretary of Defense.
(b) Inspection of Imported Electronic Parts.--
(1) Inspection program.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall establish a program of enhanced inspection by
U.S. Customs and Border Patrol of electronic parts imported
from any country that has been determined by the Secretary of
Defense to have been a significant source of counterfeit
electronic parts or suspect counterfeit electronic parts in
the supply chain for products purchased by the Department of
Defense over the previous five years.
(2) Information sharing.--In carrying out the program
required under paragraph (1) and in accordance with
regulations issued by the Secretary of Homeland Security, the
Secretary is authorized to provide the owner of a copyright
or registered mark (as defined in section 1127 of title 15,
United States Code) any information appearing on the imported
merchandise or its retail packaging, and a sample of such
merchandise and its retail packaging in their condition as
presented for customs examination, as well as any packing
material that bears an accused mark or work, when necessary
in the view of the Secretary to assist the Secretary with
determining whether the copyright has been pirated or the
registered mark has been counterfeited.
(c) Contractor Systems for Detection and Avoidance of
Counterfeit and Suspect Counterfeit Electronic Parts.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
implement a program for the improvement of contractor systems
for the detection and avoidance of counterfeit electronic
parts and suspect counterfeit electronic parts.
(2) Elements.--The program developed pursuant to paragraph
(1) shall--
(A) require covered contractors to adopt and implement
policies and procedures, consistent with applicable industry
standards, for the detection and avoidance of counterfeit
electronic parts and suspect counterfeit electronic parts,
including policies and procedures for training personnel,
designing and maintaining systems to mitigate risks
associated with parts obsolescence, making sourcing
decisions, prioritizing mission critical and sensitive
components, ensuring traceability of parts, developing lists
of trusted and untrusted suppliers, flowing down requirements
to subcontractors, inspecting and testing parts, reporting
and quarantining suspect counterfeit electronic parts and
counterfeit electronic parts, and taking corrective action;
(B) establish processes for the review and approval or
disapproval of contractor systems for the detection and
avoidance of counterfeit electronic parts and suspect
counterfeit electronic parts, comparable to the processes
established for contractor business systems under section 893
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4311; 10
U.S.C. 2302 note); and
(C) effective beginning one year after the date of the
enactment of this Act, authorize the withholding of payments
as provided in subsection (c) of such section, in the event
that a contractor system for detection and avoidance of
counterfeit electronic parts is disapproved pursuant to
subparagraph (B) and has not subsequently received approval.
(3) Covered contractor and covered contract defined.--In
this subsection, the terms ``covered contractor'' and
``covered contract'' have the meanings given such terms in
section 893(f) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4312; 10 U.S.C. 2302 note).
(d) Department of Defense Responsibilities.--Not later than
270 days after the date of the enactment of this Act, the
Secretary
[[Page S7724]]
of Defense shall take steps to address shortcomings in
Department of Defense systems for the detection and avoidance
of counterfeit electronic parts and suspect counterfeit
electronic parts. Such steps shall include, at a minimum, the
following:
(1) Policies and procedures applicable to Department of
Defense components engaged in the purchase of electronic
parts, including requirements for training personnel, making
sourcing decisions, ensuring traceability of parts,
inspecting and testing parts, reporting and quarantining
suspect counterfeit electronic parts and counterfeit
electronic parts, and taking corrective action. The policies
and procedures developed by the Secretary under this
paragraph shall prioritize mission critical and sensitive
components.
(2) The establishment of a system for ensuring that
government employees who become aware of, or have reason to
suspect, that any end item, component, part, or material
contained in supplies purchased by or for the Department of
Defense contains counterfeit electronic parts or suspect
counterfeit electronic parts are required to provide a
written report on the matter within 30 calendar days to the
Inspector General of the Department of Defense, the
contracting officer for the contract pursuant to which the
supplies are purchased, and the Government-Industry Data
Exchange Program or a similar program designated by the
Secretary of Defense.
(3) A process for analyzing, assessing, and acting on
reports of counterfeit electronic parts and suspect
counterfeit electronic parts that are submitted to the
Inspector General of the Department of Defense, contracting
officers, and the Government-Industry Data Exchange Program
or a similar program designated by the Secretary of Defense.
(4) Guidance on appropriate remedial actions in the case of
a supplier who has repeatedly failed to detect and avoid
counterfeit electronic parts and suspect counterfeit
electronic parts or otherwise failed to exercise due
diligence in the detection and avoidance of such parts,
including consideration of whether to suspend or debar a
supplier until such time as the supplier has effectively
addressed the issues that led to such failures.
(e) Trafficking in Counterfeit Military Goods or
Services.--Section 2320 of title 18, United States Code, is
amended--
(1) in subsection (a), by adding at the end the following:
``(3) Military goods or services.--
``(A) In general.--A person who commits an offense under
paragraph (1) shall be punished in accordance with
subparagraph (B) if--
``(i) the offense involved a good or service described in
paragraph (1) that if it malfunctioned, failed, or was
compromised, could reasonably be foreseen to cause--
``(I) serious bodily injury or death;
``(II) disclosure of classified information;
``(III) impairment of combat operations; or
``(IV) other significant harm to a member of the Armed
Forces or to national security; and
``(ii) the person had knowledge that the good or service is
falsely identified as meeting military standards or is
intended for use in a military or national security
application.
``(B) Penalties.--
``(i) Individual.--An individual who commits an offense
described in subparagraph (A) shall be fined not more than
$5,000,000, imprisoned for not more than 20 years, or both.
``(ii) Person other than an individual.--A person other
than an individual that commits an offense described in
subparagraph (A) shall be fined not more than $15,000,000.
``(C) Subsequent offenses.--
``(i) Individual.--An individual who commits an offense
described in subparagraph (A) after the individual is
convicted of an offense under subparagraph (A) shall be fined
not more than $15,000,000, imprisoned not more than 30 years,
or both.
``(ii) Person other than an individual.--A person other
than an individual that commits an offense described in
subparagraph (A) after the person is convicted of an offense
under subparagraph (A) shall be fined not more than
$30,000,000.''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking the period at the end and
inserting a semicolon;
(B) in paragraph (3), by striking ``and'' at the end;
(C) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(5) the term `falsely identified as meeting military
standards' relating to a good or service means there is a
material misrepresentation that the good or service meets a
standard, requirement, or specification issued by the
Department of Defense, an Armed Force, or a reserve
component; and
``(6) the term `use in a military or national security
application' means the use of a good or service,
independently, in conjunction with, or as a component of
another good or service--
``(A) during the performance of the official duties of the
Armed Forces of the United States or the reserve components
of the Armed Forces; or
``(B) by the United States to perform or directly support--
``(i) combat operations; or
``(ii) critical national defense or national security
functions.''.
(f) Sentencing Guidelines.--
(1) Definition.--In this subsection, the term ``critical
infrastructure'' has the meaning given that term in
application note 13(A) of section 2B1.1 of the Federal
Sentencing Guidelines.
(2) Directive.--The United States Sentencing Commission
shall review and, if appropriate, amend the Federal
Sentencing Guidelines and policy statements applicable to
persons convicted of an offense under section 2320(a) of
title 18, United States Code, to reflect the intent of
Congress that penalties for such offenses be increased for
defendants that sell infringing products to, or for the use
by or for, the Armed Forces or a Federal, State, or local law
enforcement agency or for use in critical infrastructure or
in national security applications.
(3) Requirements.--In amending the Federal Sentencing
Guidelines and policy statements under paragraph (2), the
United States Sentencing Commission shall--
(A) ensure that the guidelines and policy statements,
including section 2B5.3 of the Federal Sentencing Guidelines
(and any successor thereto), reflect--
(i) the serious nature of the offenses described in section
2320(a) of title 18, United States Code;
(ii) the need for an effective deterrent and appropriate
punishment to prevent offenses under section 2320(a) of title
18, United States Code; and
(iii) the effectiveness of incarceration in furthering the
objectives described in clauses (i) and (ii);
(B) consider an appropriate offense level enhancement and
minimum offense level for offenses that involve a product
used to maintain or operate critical infrastructure, or used
by or for an entity of the Federal Government or a State or
local government in furtherance of the administration of
justice, national defense, or national security;
(C) ensure reasonable consistency with other relevant
directives and guidelines and Federal statutes;
(D) make any necessary conforming changes to the
guidelines; and
(E) ensure that the guidelines relating to offenses under
section 2320(a) of title 18, United States Code, adequately
meet the purposes of sentencing, as described in section
3553(a)(2) of title 18, United States Code.
(4) Emergency authority.--The United States Sentencing
Commission shall--
(A) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable,
and in any event not later than 180 days after the date of
the enactment of this Act, in accordance with the procedure
set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note), as though the authority under that Act had
not expired; and
(B) pursuant to the emergency authority provided under
subparagraph (A), make such conforming amendments to the
Federal Sentencing Guidelines as the Commission determines
necessary to achieve consistency with other guideline
provisions and applicable law.
(g) Definitions.--
(1) Counterfeit electronic part.--The Secretary of Defense
shall define the term ``counterfeit electronic part'' for the
purposes of this section. Such definition shall include used
electronic parts that are represented as new.
(2) Suspect counterfeit electronic part and electronic
part.--For the purposes of this section:
(A) A part is a ``suspect counterfeit electronic part'' if
visual inspection, testing, or other information provide
reason to believe that the part may be a counterfeit part.
(B) An ``electronic part'' means an integrated circuit, a
discrete electronic component (including but not limited to a
transistor, capacitor, resistor, or diode), or a circuit
assembly.
______
SA 1093. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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.
[[Page S7725]]
(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.
______
SA 1094. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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.''.
______
SA 1095. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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.
______
SA 1096. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle C of title 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.
[[Page S7726]]
(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.
(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.
______
SA 1097. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle C of title 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).
______
SA 1098. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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.
______
SA 1099. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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
[[Page S7727]]
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.
(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.
______
SA 1100. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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''.
______
SA 1101. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
Strike section 156.
______
SA 1102. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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.
______
SA 1103. Mr. CARDIN (for himself, Mr. Wicker, Mrs. Feinstein, Ms.
Mikulski, and Mr. Rockefeller) submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle E of title 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) Use.--Subsection (d) of such section is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) providing humanitarian support to members and
eligible beneficiaries receiving care through the military
health care system; and
``(4) providing support to allow participation of members
and their families in Department of Defense sponsored and
authorized programs.''.
(d) 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)''.
(e) 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,
support members and other beneficiaries of the military
health care system, and support participation in authorized
programs''.
(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, support members
and other beneficiaries of the military health care
system, and support participation in authorized
programs.''.
______
SA 1104. Mr. SANDERS submitted an amendment intended to be proposed
by him to the bill H.R. 2354, making appropriations for energy and
water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes; which was ordered to lie on
the table; as follows:
On page 181, after line 9, insert the following:
Sec. __. (a) The Comptroller General of the United States
shall conduct a study regarding State legislative actions
during the 10 years prior to the date of enactment of this
Act that may affect voter registration or voting. The study
shall identify, by State, what documents are required in
order to obtain sufficient identification for registration or
voting, the cost to the individual for those documents, and
what access is available to the State agencies responsible
for providing that documentation, including hours of
operation and geographic distribution of the agencies. The
study shall identity the States that have passed voter
identification legislation, the States that are providing
free identification, the number of free identifications that
have been provided by each such State, and which agencies in
each such State have provided those identifications. The
study shall collect data on any prosecutions or convictions
for voter impersonation fraud within each State during the 10
years prior to the date of enactment of this Act. The study
shall also examine the extent to which each State complies
with data requests from the Election Assistance Commission.
The Comptroller General shall collect this data to the extent
available and shall identify any
[[Page S7728]]
limitations in collecting such data. Not later than 120 days
after the date of enactment of this Act, the Government
Accountability Office shall provide an interim briefing to
the committees of jurisdiction of the Senate and the House of
Representatives on the study conducted under this subsection.
Members of Congress may request clarifying information as
appropriate based on the information provided in the
briefing.
(b) Not later than 11 months after the date of enactment of
this Act, the Comptroller General shall submit to the
committees of jurisdiction of the Senate and the House of
Representatives a final report containing the results of the
study conducted under subsection (a).
______
SA 1105. Ms. COLLINS (for herself, Mr. Begich, and Mr. Manchin)
submitted an amendment intended to be proposed by her to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for Defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
On page 365, line 12, strike ``for fiscal year 2012''.
______
SA 1106. Mr. McCAIN (for himself and Mr. Levin) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1080. REPORT ON STATUS OF IMPLEMENTATION OF ACCEPTED
RECOMMENDATIONS IN THE FINAL REPORT OF THE 2010
ARMY ACQUISITION REVIEW PANEL.
Not later than 1 October 2012, the Secretary of the Army
shall submit to the congressional defense committees a report
describing the plan and implementation status of the
recommendations contained in the Final Report of the 2010
Army Acquisition Review panel (also known as the ``Decker-
Wagner Report'') that the Army agreed to implement.
______
SA 1107. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; as follows:
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.
______
SA 1108. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
Strike section 1033 and insert the following:
SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE
TRANSFER OF DETAINEES AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO FOREIGN
COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Certification Required Prior to Transfer.--
(1) In general.--Except as provided in paragraph (2) and
subsection (d), the Secretary of Defense may not use any
amounts authorized to be appropriated or otherwise available
to the Department of Defense for fiscal year 2012 to transfer
any individual detained at Guantanamo to the custody or
control of the individual's country of origin, any other
foreign country, or any other foreign entity unless the
Secretary submits to Congress the certification described in
subsection (b) not later than 30 days before the transfer of
the individual.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) Certification.--A certification described in this
subsection is a written certification made by the Secretary
of Defense, with the concurrence of the Secretary of State
and in consultation with the Director of National
Intelligence, that the government of the foreign country or
the recognized leadership of the foreign entity to which the
individual detained at Guantanamo is to be transferred--
(1) is not a designated state sponsor of terrorism or a
designated foreign terrorist organization;
(2) maintains control over each detention facility in which
the individual is to be detained if the individual is to be
housed in a detention facility;
(3) is not, as of the date of the certification, facing a
threat that is likely to substantially affect its ability to
fulfill the security-related commitments attendant to the
transfer;
(4) has taken or agreed to take actions that are likely to
be effective in mitigating the risk that the individual will
take action to threaten the United States, its citizens, or
its allies in the future;
(5) has taken or agreed to take such actions that will
mitigate the risk that the individual to be transferred will
engage or reengage in any terrorist activity; and
(6) has agreed to share with the United States any
information that--
(A) is related to the individual or any associates of the
individual; and
(B) could affect the security of the United States, its
citizens, or its allies
(c) Prohibition in Cases of Prior Confirmed Recidivism.--
(1) Prohibition.--Except as provided in paragraph (2) and
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 fiscal year 2012
to transfer any individual detained at Guantanamo to the
custody or control of the individual's country of origin, any
other foreign country, or any other foreign entity if there
is a confirmed case of any individual who was detained at
United States Naval Station, Guantanamo Bay, Cuba, at any
time after September 11, 2001, who was transferred to such
foreign country or entity and subsequently engaged in any
terrorist activity.
(2) Exception.--Paragraph (1) shall not apply to any action
taken by the Secretary to transfer any individual detained at
Guantanamo to effectuate--
(A) a transfer that is in the national security interests
of the United States, including any case in which either
improvements in governance or the security environment of the
country to which the detainee would be transferred have
effectively mitigated the risk of recidivism;
(B) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary
[[Page S7729]]
shall notify Congress of promptly after issuance); or
(C) pre-trial agreement entered in a military commission
case.
(d) National Security Waiver.--
(1) In general.--The Secretary of Defense may waive one or
more certification requirements specified in subsection (b)
if the Secretary, with the concurrence of the Secretary of
State and in consultation with the Director of National
Intelligence, determines that--
(A) alternative actions will be taken to address the
underlying purpose of the requirement or requirements to be
waived; and
(B) the transfer is in the national security interests of
the United States.
(2) Reports.--Whenever the Secretary makes a determination
under paragraph (1), the Secretary shall submit to the
congressional defense committees, not later than 30 days
before the transfer of the individual concerned, the
following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including an explanation why the transfer is in the national
security interests of the United States.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the paragraph or subsection to be waived.
(e) Definitions.--In this section:
(1) The term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
(2) The term ``foreign terrorist organization'' means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(f) Repeal of Superseded Authority.--Section 1033 of the
Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 124 Stat. 4351) is repealed.
______
SA 1109. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 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 361, line 9, insert after ``a person who is
described in paragraph (2) who is captured'' the following:
``abroad''.
______
SA 1110. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 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 359, line 13, insert after ``covered persons (as
defined in subsection (b))'' the following: ``captured
abroad''.
______
SA 1111. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle D of title X, add the following:
SEC. 1038. SUNSET.
This subtitle and the amendments made by this subtitle
shall expire on September 30, 2012.
______
SA 1112. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of section 1031, add the following:
(f) Extension to United States Citizens and Lawful Resident
Aliens.--The authority of the Armed Forces of the United
States to detain covered persons under this section extends
to citizens of the United States and lawful resident aliens
of the United States, except to the extent prohibited by the
Constitution of the United States.
______
SA 1113. Mr. UDALL of Colorado submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
Strike subtitle D of title X.
______
SA 1114. Mr. BEGICH (for himself, Ms. Snowe, Mr. Casey, Mr. Grassley,
Mr. Leahy, Mr. Graham, Ms. Murkowski, Mr. Akaka, Mr. Pryor, Mr. Brown
of Massachusetts, Mr. Manchin, and Mr. Tester) submitted an amendment
intended to be proposed by him to the bill S. 1867, to authorize
appropriations for fiscal year 2012 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; as follows:
At the end of subtitle 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).
______
SA 1115 Ms. LANDRIEU (for herself, Ms. Snowe, Mrs. Shaheen, Mr. Brown
[[Page S7730]]
of Massachusetts, and Mr. Kerry) submitted an amendment intended to be
proposed by her to the bill S. 1867, to authorize appropriations for
fiscal year 2012 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 prposes; as follows:
At the end, add the following:
DIVISION E--SBIR AND STTR REAUTHORIZATION
SEC. 5001. SHORT TITLE.
This division may be cited as the ``SBIR/STTR
Reauthorization Act of 2011''.
SEC. 5002. DEFINITIONS.
In this division--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the terms ``extramural budget'', ``Federal agency'',
``Small Business Innovation Research Program'', ``SBIR'',
``Small Business Technology Transfer Program'', and ``STTR''
have the meanings given such terms in section 9 of the Small
Business Act (15 U.S.C. 638); and
(3) the term ``small business concern'' has the meaning
given that term under section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 5003. REPEAL.
Subtitle E of title VIII of this Act is amended by striking
section 885.
TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS
SEC. 5101. EXTENSION OF TERMINATION DATES.
(a) SBIR.--Section 9(m) of the Small Business Act (15
U.S.C. 638(m)) is amended--
(1) by striking ``Termination.--'' and all that follows
through ``the authorization'' and inserting ``Termination.--
The authorization'';
(2) by striking ``2008'' and inserting ``2019''; and
(3) by striking paragraph (2).
(b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15
U.S.C. 638(n)(1)(A)) is amended--
(1) by striking ``In general.--'' and all that follows
through ``with respect'' and inserting ``In general.--With
respect'';
(2) by striking ``2009'' and inserting ``2019''; and
(3) by striking clause (ii).
SEC. 5102. STATUS OF THE OFFICE OF TECHNOLOGY.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b))
is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraph (8) as paragraph (9); and
(4) by adding at the end the following:
``(10) to maintain an Office of Technology to carry out the
responsibilities of the Administration under this section,
which shall be--
``(A) headed by the Assistant Administrator for Technology,
who shall report directly to the Administrator; and
``(B) independent from the Office of Government Contracting
of the Administration and sufficiently staffed and funded to
comply with the oversight, reporting, and public database
responsibilities assigned to the Office of Technology by the
Administrator.''.
SEC. 5103. SBIR ALLOCATION INCREASE.
Section 9(f) of the Small Business Act (15 U.S.C. 638(f))
is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``Each'' and inserting ``Except as provided in paragraph
(2)(B), each'';
(B) in subparagraph (B), by striking ``and'' at the end;
and
(C) by striking subparagraph (C) and inserting the
following:
``(C) not less than 2.5 percent of such budget in fiscal
year 2013;
``(D) not less than 2.6 percent of such budget in fiscal
year 2014;
``(E) not less than 2.7 percent of such budget in fiscal
year 2015;
``(F) not less than 2.8 percent of such budget in fiscal
year 2016;
``(G) not less than 2.9 percent of such budget in fiscal
year 2017;
``(H) not less than 3.0 percent of such budget in fiscal
year 2018;
``(I) not less than 3.1 percent of such budget in fiscal
year 2019;
``(J) not less than 3.2 percent of such budget in fiscal
year 2020;
``(K) not less than 3.3 percent of such budget in fiscal
year 2021;
``(L) not less than 3.4 percent of such budget in fiscal
year 2022; and
``(M) not less than 3.5 percent of such budget in fiscal
year 2023 and each fiscal year thereafter,'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins
accordingly;
(B) by striking ``A Federal agency'' and inserting the
following:
``(A) In general.--A Federal agency''; and
(C) by adding at the end the following:
``(B) Department of defense and department of energy.--For
the Department of Defense and the Department of Energy, to
the greatest extent practicable, the percentage of the
extramural budget in excess of 2.5 percent required to be
expended with small business concerns under subparagraphs (D)
through (M) of paragraph (1)--
``(i) may not be used for new Phase I or Phase II awards;
and
``(ii) shall be used for activities that further the
readiness levels of technologies developed under Phase II
awards, including conducting testing and evaluation to
promote the transition of such technologies into commercial
or defense products, or systems furthering the mission needs
of the Department of Defense or the Department of Energy, as
the case may be.''; and
(3) by adding at the end the following:
``(4) Rule of construction.--Nothing in this subsection may
be construed to prohibit a Federal agency from expending with
small business concerns an amount of the extramural budget
for research or research and development of the Federal
agency that exceeds the amount required under paragraph
(1).''.
SEC. 5104. STTR ALLOCATION INCREASE.
Section 9(n)(1)(B) of the Small Business Act (15 U.S.C.
638(n)(1)(B)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``thereafter.'' and
inserting ``through fiscal year 2012;'';
(3) by adding at the end the following:
``(iii) 0.4 percent for fiscal years 2013 and 2014;
``(iv) 0.5 percent for fiscal years 2015 and 2016; and
``(v) 0.6 percent for fiscal year 2017 and each fiscal year
thereafter.''; and
(4) by adding at the end the following:
``(4) Rule of construction.--Nothing in this subsection may
be construed to prohibit a Federal agency from expending with
small business concerns an amount of the extramural budget
for research or research and development of the Federal
agency that exceeds the amount required under paragraph
(1).''.
SEC. 5105. SBIR AND STTR AWARD LEVELS.
(a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small
Business Act (15 U.S.C. 638(j)(2)(D)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small
Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
(1) by striking ``$100,000'' and inserting ``$150,000'';
and
(2) by striking ``$750,000'' and inserting ``$1,000,000''.
(c) Annual Adjustments.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended--
(1) in subsection (j)(2)(D), by striking ``once every 5
years to reflect economic adjustments and programmatic
considerations'' and inserting ``every year for inflation'';
and
(2) in subsection (p)(2)(B)(ix), as amended by subsection
(b) of this section, by inserting ``(each of which the
Administrator shall adjust for inflation annually)'' after
``$1,000,000,''.
(d) Limitation on Size of Awards.--Section 9 of the Small
Business Act (15 U.S.C. 638) is amended by adding at the end
the following:
``(aa) Limitation on Size of Awards.--
``(1) Limitation.--No Federal agency may issue an award
under the SBIR program or the STTR program if the size of the
award exceeds the award guidelines established under this
section by more than 50 percent.
``(2) Maintenance of information.--Participating agencies
shall maintain information on awards exceeding the guidelines
established under this section, including--
``(A) the amount of each award;
``(B) a justification for exceeding the award amount;
``(C) the identity and location of each award recipient;
and
``(D) whether an award recipient has received any venture
capital investment and, if so, whether the recipient is
majority-owned by multiple venture capital operating
companies.
``(3) Reports.--The Administrator shall include the
information described in paragraph (2) in the annual report
of the Administrator to Congress.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prevent a Federal agency from
supplementing an award under the SBIR program or the STTR
program using funds of the Federal agency that are not part
of the SBIR program or the STTR program of the Federal
agency.''.
SEC. 5106. AGENCY AND PROGRAM FLEXIBILITY.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(bb) Subsequent Phase II Awards.--
``(1) Agency flexibility.--A small business concern that
received an award from a Federal agency under this section
shall be eligible to receive a subsequent Phase II award from
another Federal agency, if the head of each relevant Federal
agency or the relevant component of the Federal agency makes
a written determination that the topics of the relevant
awards are the same and both agencies report the awards to
the Administrator for inclusion in the public database under
subsection (k).
``(2) SBIR and sttr program flexibility.--A small business
concern that received an award under this section under the
SBIR program or the STTR program may receive a subsequent
Phase II award in either
[[Page S7731]]
the SBIR program or the STTR program and the participating
agency or agencies shall report the awards to the
Administrator for inclusion in the public database under
subsection (k).
``(3) Preventing duplicative awards.--Before making an
award under paragraph (1) or (2), the head of a Federal
agency shall verify that the project to be performed with the
award has not been funded under the SBIR program or STTR
program of another Federal agency.''.
SEC. 5107. ELIMINATION OF PHASE II INVITATIONS.
(a) In General.--Section 9(e) of the Small Business Act (15
U.S.C. 638(e)) is amended--
(1) in paragraph (4)(B), by striking ``to further'' and
inserting: ``which shall not include any invitation, pre-
screening, pre-selection, or down-selection process for
eligibility for the second phase, that will further''; and
(2) in paragraph (6)(B), by striking ``to further develop
proposed ideas to'' and inserting ``which shall not include
any invitation, pre-screening, pre-selection, or down-
selection process for eligibility for the second phase, that
will further develop proposals that''.
SEC. 5108. PARTICIPATION BY FIRMS WITH SUBSTANTIAL INVESTMENT
FROM MULTIPLE VENTURE CAPITAL OPERATING
COMPANIES IN A PORTION OF THE SBIR PROGRAM.
(a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638), as amended by this Act, is amended by adding at
the end the following:
``(cc) Participation of Small Business Concerns Majority-
Owned by Venture Capital Operating Companies in the SBIR
Program.--
``(1) Authority.--Upon a written determination described in
paragraph (2) provided to the Administrator and to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives not later than 30 days before the date on
which an award is made--
``(A) the Director of the National Institutes of Health,
the Secretary of Energy, and the Director of the National
Science Foundation may award not more than 25 percent of the
funds allocated for the SBIR program of the Federal agency to
small business concerns that are owned in majority part by
multiple venture capital operating companies through
competitive, merit-based procedures that are open to all
eligible small business concerns; and
``(B) the head of a Federal agency other than a Federal
agency described in subparagraph (A) that participates in the
SBIR program may award not more than 15 percent of the funds
allocated for the SBIR program of the Federal agency to small
business concerns that are owned in majority part by multiple
venture capital operating companies through competitive,
merit-based procedures that are open to all eligible small
business concerns.
``(2) Determination.--A written determination described in
this paragraph is a written determination by the head of a
Federal agency that explains how the use of the authority
under paragraph (1) will--
``(A) induce additional venture capital funding of small
business innovations;
``(B) substantially contribute to the mission of the
Federal agency;
``(C) demonstrate a need for public research; and
``(D) otherwise fulfill the capital needs of small business
concerns for additional financing for the SBIR project.
``(3) Registration.--A small business concern that is
majority-owned by multiple venture capital operating
companies and qualified for participation in the program
authorized under paragraph (1) shall--
``(A) register with the Administrator on the date that the
small business concern submits an application for an award
under the SBIR program; and
``(B) indicate in any SBIR proposal that the small business
concern is registered under subparagraph (A) as majority-
owned by multiple venture capital operating companies.
``(4) Compliance.--
``(A) In general.--The head of a Federal agency that makes
an award under this subsection during a fiscal year shall
collect and submit to the Administrator data relating to the
number and dollar amount of Phase I awards, Phase II awards,
and any other category of awards by the Federal agency under
the SBIR program during that fiscal year.
``(B) Annual reporting.--The Administrator shall include as
part of each annual report by the Administration under
subsection (b)(7) any data submitted under subparagraph (A)
and a discussion of the compliance of each Federal agency
that makes an award under this subsection during the fiscal
year with the maximum percentages under paragraph (1).
``(5) Enforcement.--If a Federal agency awards more than
the percent of the funds allocated for the SBIR program of
the Federal agency authorized under paragraph (1) for a
purpose described in paragraph (1), the head of the Federal
agency shall transfer an amount equal to the amount awarded
in excess of the amount authorized under paragraph (1) to the
funds for general SBIR programs from the non-SBIR and non-
STTR research and development funds of the Federal agency not
later than 180 days after the date on which the Federal
agency made the award that caused the total awarded under
paragraph (1) to be more than the amount authorized under
paragraph (1) for a purpose described in paragraph (1).
``(6) Final decisions on applications under the sbir
program.--
``(A) Definition.--In this paragraph, the term `covered
small business concern' means a small business concern that--
``(i) was not majority-owned by multiple venture capital
operating companies on the date on which the small business
concern submitted an application in response to a
solicitation under the SBIR programs; and
``(ii) on the date of the award under the SBIR program is
majority-owned by multiple venture capital operating
companies.
``(B) In general.--If a Federal agency does not make an
award under a solicitation under the SBIR program before the
date that is 9 months after the date on which the period for
submitting applications under the solicitation ends--
``(i) a covered small business concern is eligible to
receive the award, without regard to whether the covered
small business concern meets the requirements for receiving
an award under the SBIR program for a small business concern
that is majority-owned by multiple venture capital operating
companies, if the covered small business concern meets all
other requirements for such an award; and
``(ii) the head of the Federal agency shall transfer an
amount equal to any amount awarded to a covered small
business concern under the solicitation to the funds for
general SBIR programs from the non-SBIR and non-STTR research
and development funds of the Federal agency, not later than
90 days after the date on which the Federal agency makes the
award.
``(7) Evaluation criteria.--A Federal agency may not use
investment of venture capital as a criterion for the award of
contracts under the SBIR program or STTR program.''.
(b) Technical and Conforming Amendment.--Section 3 of the
Small Business Act (15 U.S.C. 632) is amended by adding at
the end the following:
``(aa) Venture Capital Operating Company.--In this Act, the
term `venture capital operating company' means an entity
described in clause (i), (v), or (vi) of section
121.103(b)(5) of title 13, Code of Federal Regulations (or
any successor thereto).''.
(c) Rulemaking To Ensure That Firms That Are Majority-Owned
by Multiple Venture Capital Operating Companies Are Able To
Participate in a Portion of the SBIR Program.--
(1) Statement of congressional intent.--It is the stated
intent of Congress that the Administrator should promulgate
regulations to carry out the authority under section 9(cc) of
the Small Business Act, as added by this section, that--
(A) permit small business concerns that are majority-owned
by multiple venture capital operating companies to
participate in the SBIR program in accordance with section
9(cc) of the Small Business Act;
(B) provide specific guidance for small business concerns
that are majority-owned by multiple venture capital operating
companies with regard to eligibility, participation, and
affiliation rules; and
(C) preserve and maintain the integrity of the SBIR program
as a program for small business concerns in the United
States, prohibiting large businesses or large entities or
foreign-owned businesses or entities from participation in
the program established under section 9 of the Small Business
Act.
(2) Rulemaking required.--
(A) Proposed regulations.--Not later than 4 months after
the date of enactment of this Act, the Administrator shall
issue proposed regulations to amend section 121.103 (relating
to determinations of affiliation applicable to the SBIR
program) and section 121.702 (relating to ownership and
control standards and size standards applicable to the SBIR
program) of title 13, Code of Federal Regulations, for firms
that are majority-owned by multiple venture capital operating
companies and participating in the SBIR program solely under
the authority under section 9(cc) of the Small Business Act,
as added by this section.
(B) Final regulations.--Not later than 1 year after the
date of enactment of this Act, and after providing notice of
and opportunity for comment on the proposed regulations
issued under subparagraph (A), the Administrator shall issue
final or interim final regulations under this subsection.
(3) Contents.--
(A) In general.--The regulations issued under this
subsection shall permit the participation of applicants
majority-owned by multiple venture capital operating
companies in the SBIR program in accordance with section
9(cc) of the Small Business Act, as added by this section,
unless the Administrator determines--
(i) in accordance with the size standards established under
subparagraph (B), that the applicant is--
(I) a large business or large entity; or
(II) majority-owned or controlled by a large business or
large entity; or
(ii) in accordance with the criteria established under
subparagraph (C), that the applicant--
(I) is a foreign business or a foreign entity or is not a
citizen of the United States or alien lawfully admitted for
permanent residence; or
(II) is majority-owned or controlled by a foreign business,
foreign entity, or person who is not a citizen of the United
States or alien lawfully admitted for permanent residence.
[[Page S7732]]
(B) Size standards.--Under the authority to establish size
standards under paragraphs (2) and (3) of section 3(a) of the
Small Business Act (15 U.S.C. 632(a)), the Administrator
shall, in accordance with paragraph (1) of this subsection,
establish size standards for applicants seeking to
participate in the SBIR program solely under the authority
under section 9(cc) of the Small Business Act, as added by
this section.
(C) Criteria for determining foreign ownership.--The
Administrator shall establish criteria for determining
whether an applicant meets the requirements under
subparagraph (A)(ii), and, in establishing the criteria,
shall consider whether the criteria should include--
(i) whether the applicant is at least 51 percent owned or
controlled by citizens of the United States or domestic
venture capital operating companies;
(ii) whether the applicant is domiciled in the United
States; and
(iii) whether the applicant is a direct or indirect
subsidiary of a foreign-owned firm, including whether the
criteria should include that an applicant is a direct or
indirect subsidiary of a foreign-owned entity if--
(I) any venture capital operating company that owns more
than 20 percent of the applicant is a direct or indirect
subsidiary of a foreign-owned entity; or
(II) in the aggregate, entities that are direct or indirect
subsidiaries of foreign-owned entities own more than 49
percent of the applicant.
(D) Criteria for determining affiliation.--The
Administrator shall establish criteria, in accordance with
paragraph (1), for determining whether an applicant is
affiliated with a venture capital operating company or any
other business that the venture capital operating company has
financed and, in establishing the criteria, shall specify
that--
(i) if a venture capital operating company that is
determined to be affiliated with an applicant is a minority
investor in the applicant, the portfolio companies of the
venture capital operating company shall not be determined to
be affiliated with the applicant, unless--
(I) the venture capital operating company owns a majority
of the portfolio company; or
(II) the venture capital operating company holds a majority
of the seats on the board of directors of the portfolio
company;
(ii) subject to clause (i), the Administrator retains the
authority to determine whether a venture capital operating
company is affiliated with an applicant, including
establishing other criteria;
(iii) the Administrator may not determine that a portfolio
company of a venture capital operating company is affiliated
with an applicant based solely on one or more shared
investors; and
(iv) subject to clauses (i), (ii), and (iii), the
Administrator retains the authority to determine whether a
portfolio company of a venture capital operating company is
affiliated with an applicant based on factors independent of
whether there is a shared investor, such as whether there are
contractual obligations between the portfolio company and the
applicant.
(4) Enforcement.--If the Administrator does not issue final
or interim final regulations under this subsection on or
before the date that is 1 year after the date of enactment of
this Act, the Administrator may not carry out any activities
under section 4(h) of the Small Business Act (15 U.S.C.
633(h)) (as continued in effect pursuant to the Act entitled
``An Act to extend temporarily certain authorities of the
Small Business Administration'', approved October 10, 2006
(Public Law 109-316; 120 Stat. 1742)) during the period
beginning on the date that is 1 year and 1 day after the date
of enactment of this Act, and ending on the date on which the
final or interim final regulations are issued.
(5) Definition.--In this subsection, the term ``venture
capital operating company'' has the same meaning as in
section 3(aa) of the Small Business Act, as added by this
section.
(d) Assistance for Determining Affiliates.--
(1) Clear explanation required.--Not later than 30 days
after the date of enactment of this Act, the Administrator
shall post on the Web site of the Administration (with a
direct link displayed on the homepage of the Web site of the
Administration or the SBIR and STTR Web sites of the
Administration)--
(A) a clear explanation of the SBIR and STTR affiliation
rules under part 121 of title 13, Code of Federal
Regulations; and
(B) contact information for officers or employees of the
Administration who--
(i) upon request, shall review an issue relating to the
rules described in subparagraph (A); and
(ii) shall respond to a request under clause (i) not later
than 20 business days after the date on which the request is
received.
(2) Inclusion of affiliation rules for certain small
business concerns.--On and after the date on which the final
regulations under subsection (c) are issued, the
Administrator shall post on the Web site of the
Administration information relating to the regulations, in
accordance with paragraph (1).
SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.
Section 9(r) of the Small Business Act (15 U.S.C. 638(r))
is amended by adding at the end the following:
``(4) Phase iii awards.--To the greatest extent
practicable, Federal agencies and Federal prime contractors
shall issue Phase III awards relating to technology,
including sole source awards, to the SBIR and STTR award
recipients that developed the technology.''.
SEC. 5110. COLLABORATING WITH FEDERAL LABORATORIES AND
RESEARCH AND DEVELOPMENT CENTERS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(dd) Collaborating With Federal Laboratories and Research
and Development Centers.--
``(1) Authorization.--Subject to the limitations under this
section, the head of each participating Federal agency may
make SBIR and STTR awards to any eligible small business
concern that--
``(A) intends to enter into an agreement with a Federal
laboratory or federally funded research and development
center for portions of the activities to be performed under
that award; or
``(B) has entered into a cooperative research and
development agreement (as defined in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d))) with a Federal laboratory.
``(2) Prohibition.--No Federal agency shall--
``(A) condition an SBIR or STTR award upon entering into
agreement with any Federal laboratory or any federally funded
laboratory or research and development center for any portion
of the activities to be performed under that award;
``(B) approve an agreement between a small business concern
receiving a SBIR or STTR award and a Federal laboratory or
federally funded laboratory or research and development
center, if the small business concern performs a lesser
portion of the activities to be performed under that award
than required by this section and by the SBIR Policy
Directive and the STTR Policy Directive of the Administrator;
or
``(C) approve an agreement that violates any provision,
including any data rights protections provision, of this
section or the SBIR and the STTR Policy Directives.
``(3) Implementation.--Not later than 180 days after the
date of enactment of this subsection, the Administrator shall
modify the SBIR Policy Directive and the STTR Policy
Directive issued under this section to ensure that small
business concerns--
``(A) have the flexibility to use the resources of the
Federal laboratories and federally funded research and
development centers; and
``(B) are not mandated to enter into agreement with any
Federal laboratory or any federally funded laboratory or
research and development center as a condition of an
award.''.
SEC. 5111. NOTICE REQUIREMENT.
(a) SBIR Program.--Section 9(g) of the Small Business Act
(15 U.S.C. 638(g)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(12) provide timely notice to the Administrator of any
case or controversy before any Federal judicial or
administrative tribunal concerning the SBIR program of the
Federal agency; and''.
(b) STTR Program.--Section 9(o) of the Small Business Act
(15 U.S.C. 638(o)) is amended--
(1) by striking paragraph (15);
(2) in paragraph (16), by striking the period at the end
and inserting ``; and'';
(3) by redesignating paragraph (16) as paragraph (15); and
(4) by adding at the end the following:
``(16) provide timely notice to the Administrator of any
case or controversy before any Federal judicial or
administrative tribunal concerning the STTR program of the
Federal agency.''.
SEC. 5112. EXPRESS AUTHORITY FOR AN AGENCY TO AWARD
SEQUENTIAL PHASE II AWARDS FOR SBIR OR STTR
FUNDED PROJECTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(ee) Additional Phase II SBIR and STTR Awards.--A small
business concern that receives a Phase II SBIR award or a
Phase II STTR award for a project remains eligible to receive
an additional Phase II SBIR award or Phase II STTR award for
that project.''.
TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES
SEC. 5201. RURAL AND STATE OUTREACH.
(a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended by inserting after subsection (r) the
following:
``(s) Federal and State Technology Partnership Program.--
``(1) Definitions.--In this subsection, the following
definitions apply:
``(A) Applicant.--The term `applicant' means an entity,
organization, or individual that submits a proposal for an
award or a cooperative agreement under this subsection.
``(B) FAST program.--The term `FAST program' means the
Federal and State Technology Partnership Program established
under this subsection.
``(C) Recipient.--The term `recipient' means a person that
receives an award or becomes party to a cooperative agreement
under this subsection.
``(D) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
[[Page S7733]]
``(E) Definitions relating to mentoring networks.--The
terms `business advice and counseling', `mentor', and
`mentoring network' have the meanings given those terms in
section 34(e).
``(2) Establishment of program.--The Administrator shall
establish a program to be known as the Federal and State
Technology Partnership Program, the purpose of which shall be
to strengthen the technological competitiveness of small
business concerns in the States.
``(3) Grants and cooperative agreements.--
``(A) Joint review.--In carrying out the FAST program, the
Administrator and the program managers for the SBIR program
and STTR program at the National Science Foundation, the
Department of Defense, and any other Federal agency
determined appropriate by the Administrator shall jointly
review proposals submitted by applicants and may make awards
or enter into cooperative agreements under this subsection
based on the factors for consideration set forth in
subparagraph (B), in order to enhance or develop in a State--
``(i) technology research and development by small business
concerns;
``(ii) technology transfer from university research to
technology-based small business concerns;
``(iii) technology deployment and diffusion benefitting
small business concerns;
``(iv) the technological capabilities of small business
concerns through the establishment or operation of consortia
comprised of entities, organizations, or individuals,
including--
``(I) State and local development agencies and entities;
``(II) representatives of technology-based small business
concerns;
``(III) industries and emerging companies;
``(IV) universities; and
``(V) small business development centers; and
``(v) outreach, financial support, and technical assistance
to technology-based small business concerns participating in
or interested in participating in an SBIR program or STTR
program, including initiatives--
``(I) to make grants or loans to companies to pay a portion
or all of the cost of developing SBIR or STTR proposals;
``(II) to establish or operate a Mentoring Network within
the FAST program to provide business advice and counseling
that will assist small business concerns that have been
identified by FAST program participants, program managers of
participating SBIR agencies, the Administration, or other
entities that are knowledgeable about the SBIR and STTR
programs as good candidates for the SBIR and STTR programs,
and that would benefit from mentoring, in accordance with
section 34;
``(III) to create or participate in a training program for
individuals providing SBIR or STTR outreach and assistance at
the State and local levels; and
``(IV) to encourage the commercialization of technology
developed through funding under the SBIR program or the STTR
program.
``(B) Selection considerations.--In making awards or
entering into cooperative agreements under this subsection,
the Administrator and the program managers referred to in
subparagraph (A)--
``(i) may only consider proposals by applicants that intend
to use a portion of the Federal assistance provided under
this subsection to provide outreach, financial support, or
technical assistance to technology-based small business
concerns participating in or interested in participating in
the SBIR program or STTR program; and
``(ii) shall consider, at a minimum--
``(I) whether the applicant has demonstrated that the
assistance to be provided would address unmet needs of small
business concerns in the community, and whether it is
important to use Federal funding for the proposed activities;
``(II) whether the applicant has demonstrated that a need
exists to increase the number or success of small high-
technology businesses in the State or an area of the State,
as measured by the number of Phase I and Phase II SBIR awards
that have historically been received by small business
concerns in the State or area of the State;
``(III) whether the projected costs of the proposed
activities are reasonable;
``(IV) whether the proposal integrates and coordinates the
proposed activities with other State and local programs
assisting small high-technology firms in the State;
``(V) the manner in which the applicant will measure the
results of the activities to be conducted; and
``(VI) whether the proposal addresses the needs of small
business concerns--
``(aa) owned and controlled by women;
``(bb) that are socially and economically disadvantaged
small business concerns (as defined in section 8(a)(4)(A));
``(cc) that are HUBZone small business concerns;
``(dd) located in areas that have historically not
participated in the SBIR and STTR programs;
``(ee) owned and controlled by service-disabled veterans;
``(ff) owned and controlled by Native Americans; and
``(gg) located in geographic areas with an unemployment
rate that exceeds the national unemployment rate, based on
the most recently available monthly publications of the
Bureau of Labor Statistics of the Department of Labor.
``(C) Proposal limit.--Not more than 1 proposal may be
submitted for inclusion in the FAST program under this
subsection to provide services in any one State in any 1
fiscal year.
``(D) Process.--Proposals and applications for assistance
under this subsection shall be in such form and subject to
such procedures as the Administrator shall establish. The
Administrator shall promulgate regulations establishing
standards for the consideration of proposals under
subparagraph (B), including standards regarding each of the
considerations identified in subparagraph (B)(ii).
``(4) Cooperation and coordination.--In carrying out the
FAST program, the Administrator shall cooperate and
coordinate with--
``(A) Federal agencies required by this section to have an
SBIR program; and
``(B) entities, organizations, and individuals actively
engaged in enhancing or developing the technological
capabilities of small business concerns, including--
``(i) State and local development agencies and entities;
``(ii) State committees established under the Experimental
Program to Stimulate Competitive Research of the National
Science Foundation (as established under section 113 of the
National Science Foundation Authorization Act of 1988 (42
U.S.C. 1862g));
``(iii) State science and technology councils; and
``(iv) representatives of technology-based small business
concerns.
``(5) Administrative requirements.--
``(A) Competitive basis.--Awards and cooperative agreements
under this subsection shall be made or entered into, as
applicable, on a competitive basis.
``(B) Matching requirements.--
``(i) In general.--The non-Federal share of the cost of an
activity (other than a planning activity) carried out using
an award or under a cooperative agreement under this
subsection shall be--
``(I) except as provided in clause (iii), 35 cents for each
Federal dollar, in the case of a recipient that will serve
small business concerns located in 1 of the 18 States
receiving the fewest Phase I SBIR awards;
``(II) except as provided in clause (ii) or (iii), 1 dollar
for each Federal dollar, in the case of a recipient that will
serve small business concerns located in 1 of the 16 States
receiving the greatest number of Phase I SBIR awards; and
``(III) except as provided in clause (ii) or (iii), 50
cents for each Federal dollar, in the case of a recipient
that will serve small business concerns located in a State
that is not described in subclause (I) or (II) that is
receiving Phase I SBIR awards.
``(ii) Low-income areas.--The non-Federal share of the cost
of the activity carried out using an award or under a
cooperative agreement under this subsection shall be 35 cents
for each Federal dollar that will be directly allocated by a
recipient described in clause (i) to serve small business
concerns located in a qualified census tract, as that term is
defined in section 42(d)(5)(B)(ii)(I) of the Internal Revenue
Code of 1986. Federal dollars not so allocated by that
recipient shall be subject to the matching requirements of
clause (i).
``(iii) Rural areas.--
``(I) In general.--Except as provided in subclause (II),
the non-Federal share of the cost of the activity carried out
using an award or under a cooperative agreement under this
subsection shall be 35 cents for each Federal dollar that
will be directly allocated by a recipient described in clause
(i) to serve small business concerns located in a rural area.
``(II) Enhanced rural awards.--For a recipient located in a
rural area that is located in a State described in clause
(i)(I), the non-Federal share of the cost of the activity
carried out using an award or under a cooperative agreement
under this subsection shall be 15 cents for each Federal
dollar that will be directly allocated by a recipient
described in clause (i) to serve small business concerns
located in the rural area.
``(III) Definition of rural area.--In this clause, the term
`rural area' has the meaning given that term in section
1393(a)(2) of the Internal Revenue Code of 1986.
``(iv) Types of funding.--The non-Federal share of the cost
of an activity carried out by a recipient shall be comprised
of not less than 50 percent cash and not more than 50 percent
of indirect costs and in-kind contributions, except that no
such costs or contributions may be derived from funds from
any other Federal program.
``(v) Rankings.--For the first full fiscal year after the
date of enactment of the SBIR/STTR Reauthorization Act of
2011, and each fiscal year thereafter, based on the
statistics for the most recent full fiscal year for which the
Administrator has compiled statistics, the Administrator
shall reevaluate the ranking of each State for purposes of
clause (i).
``(C) Duration.--Awards may be made or cooperative
agreements entered into under this subsection for multiple
years, not to exceed 5 years in total.
``(6) Annual reports.--The Administrator shall submit an
annual report to the Committee on Small Business of the
Senate and the Committee on Science and the Committee on
Small Business of the House of Representatives regarding--
``(A) the number and amount of awards provided and
cooperative agreements entered
[[Page S7734]]
into under the FAST program during the preceding year;
``(B) a list of recipients under this subsection, including
their location and the activities being performed with the
awards made or under the cooperative agreements entered into;
and
``(C) the Mentoring Networks and the mentoring database, as
provided for under section 34, including--
``(i) the status of the inclusion of mentoring information
in the database required by subsection (k); and
``(ii) the status of the implementation and description of
the usage of the Mentoring Networks.
``(7) Program levels.--
``(A) In general.--There is authorized to be appropriated
to carry out the FAST program, including Mentoring Networks,
under this subsection and section 34, $15,000,000 for each of
fiscal years 2011 through 2016.
``(B) Mentoring database.--Of the total amount made
available under subparagraph (A) for fiscal years 2011
through 2016, a reasonable amount, not to exceed a total of
$500,000, may be used by the Administration to carry out
section 34(d).
``(8) Termination.--The authority to carry out the FAST
program under this subsection shall terminate on September
30, 2016.''.
(b) Technical and Conforming Amendments.--The Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by striking section 34 (15 U.S.C. 657d);
(2) by redesignating sections 35 through 43 as sections 34
through 42, respectively;
(3) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by
striking ``section 35(d)'' and inserting ``section 34(d)'';
(4) in section 34 (15 U.S.C. 657e), as so redesignated--
(A) in subsection (c)(1), by striking ``section
34(c)(1)(E)(ii)'' and inserting ``section
9(s)(3)(A)(v)(II)'';
(B) by striking ``section 34'' each place it appears and
inserting ``section 9(s)''; and
(C) by adding at the end the following:
``(e) Definitions.--In this section, the following
definitions apply:
``(1) Business advice and counseling.--The term `business
advice and counseling' means providing advice and assistance
on matters described in subsection (c)(2)(B) to small
business concerns to guide them through the SBIR and STTR
program process, from application to award and successful
completion of each phase of the program.
``(2) FAST program.--The term `FAST program' means the
Federal and State Technology Partnership Program established
under section 9(s).
``(3) Mentor.--The term `mentor' means an individual
described in subsection (c)(2).
``(4) Mentoring network.--The term `Mentoring Network'
means an association, organization, coalition, or other
entity (including an individual) that meets the requirements
of subsection (c).
``(5) Recipient.--The term `recipient' means a person that
receives an award or becomes party to a cooperative agreement
under this section.
``(6) SBIR program.--The term `SBIR program' has the same
meaning as in section 9(e)(4).
``(7) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
``(8) STTR program.--The term `STTR program' has the same
meaning as in section 9(e)(6).'';
(5) in section 36(d) (15 U.S.C. 657i(d)), as so
redesignated, by striking ``section 43'' and inserting
``section 42'';
(6) in section 39(d) (15 U.S.C. 657l(d)), as so
redesignated, by striking ``section 43'' and inserting
``section 42''; and
(7) in section 40(b) (15 U.S.C. 657m(b)), as so
redesignated, by striking ``section 43'' and inserting
``section 42''.
SEC. 5202. TECHNICAL ASSISTANCE FOR AWARDEES.
Section 9(q) of the Small Business Act (15 U.S.C. 638(q))
is amended--
(1) in paragraph (1)--
(A) by inserting ``or STTR program'' after ``SBIR
program''; and
(B) by striking ``SBIR projects'' and inserting ``SBIR or
STTR projects'';
(2) in paragraph (2), by striking ``3 years'' and inserting
``5 years''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``or STTR'' after ``SBIR''; and
(ii) by striking ``$4,000'' and inserting ``$5,000'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) Phase ii.--A Federal agency described in paragraph
(1) may--
``(i) provide to the recipient of a Phase II SBIR or STTR
award, through a vendor selected under paragraph (2), the
services described in paragraph (1), in an amount equal to
not more than $5,000 per year; or
``(ii) authorize the recipient of a Phase II SBIR or STTR
award to purchase the services described in paragraph (1), in
an amount equal to not more than $5,000 per year, which shall
be in addition to the amount of the recipient's award.''; and
(C) by adding at the end the following:
``(C) Flexibility.--In carrying out subparagraphs (A) and
(B), each Federal agency shall provide the allowable amounts
to a recipient that meets the eligibility requirements under
the applicable subparagraph, if the recipient requests to
seek technical assistance from an individual or entity other
than the vendor selected under paragraph (2) by the Federal
agency.
``(D) Limitation.--A Federal agency may not--
``(i) use the amounts authorized under subparagraph (A) or
(B) unless the vendor selected under paragraph (2) provides
the technical assistance to the recipient; or
``(ii) enter a contract with a vendor under paragraph (2)
under which the amount provided for technical assistance is
based on total number of Phase I or Phase II awards.''.
SEC. 5203. COMMERCIALIZATION READINESS PROGRAM AT DEPARTMENT
OF DEFENSE.
(a) In General.--Section 9(y) of the Small Business Act (15
U.S.C. 638(y)) is amended--
(1) in the subsection heading, by striking ``Pilot'' and
inserting ``Readiness'';
(2) by striking ``Pilot'' each place that term appears and
inserting ``Readiness'';
(3) in paragraph (1)--
(A) by inserting ``or Small Business Technology Transfer
Program'' after ``Small Business Innovation Research
Program''; and
(B) by adding at the end the following: ``The authority to
create and administer a Commercialization Readiness Program
under this subsection may not be construed to eliminate or
replace any other SBIR program or STTR program that enhances
the insertion or transition of SBIR or STTR technologies,
including any such program in effect on the date of enactment
of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3136).'';
(4) in paragraph (2), by inserting ``or Small Business
Technology Transfer Program'' after ``Small Business
Innovation Research Program'';
(5) by striking paragraphs (5) and (6); and
(6) by inserting after paragraph (4) the following:
``(5) Insertion incentives.--For any contract with a value
of not less than $100,000,000, the Secretary of Defense is
authorized to--
``(A) establish goals for the transition of Phase III
technologies in subcontracting plans; and
``(B) require a prime contractor on such a contract to
report the number and dollar amount of contracts entered into
by that prime contractor for Phase III SBIR or STTR projects.
``(6) Goal for sbir and sttr technology insertion.--The
Secretary of Defense shall--
``(A) set a goal to increase the number of Phase II SBIR
contracts and the number of Phase II STTR contracts awarded
by that Secretary that lead to technology transition into
programs of record or fielded systems;
``(B) use incentives in effect on the date of enactment of
the SBIR/STTR Reauthorization Act of 2011, or create new
incentives, to encourage agency program managers and prime
contractors to meet the goal under subparagraph (A); and
``(C) include in the annual report to Congress the
percentage of contracts described in subparagraph (A) awarded
by that Secretary, and information on the ongoing status of
projects funded through the Commercialization Readiness
Program and efforts to transition these technologies into
programs of record or fielded systems.''.
(b) Technical and Conforming Amendment.--Section 9(i)(1) of
the Small Business Act (15 U.S.C. 638(i)(1)) is amended by
inserting ``(including awards under subsection (y))'' after
``the number of awards''.
SEC. 5204. COMMERCIALIZATION READINESS PILOT PROGRAM FOR
CIVILIAN AGENCIES.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(ff) Pilot Program.--
``(1) Authorization.--The head of each covered Federal
agency may allocate not more than 10 percent of the funds
allocated to the SBIR program and the STTR program of the
covered Federal agency--
``(A) for awards for technology development, testing, and
evaluation of SBIR and STTR Phase II technologies; or
``(B) to support the progress of research or research and
development conducted under the SBIR or STTR programs to
Phase III.
``(2) Application by federal agency.--
``(A) In general.--A covered Federal agency may not
establish a pilot program unless the covered Federal agency
makes a written application to the Administrator, not later
than 90 days before to the first day of the fiscal year in
which the pilot program is to be established, that describes
a compelling reason that additional investment in SBIR or
STTR technologies is necessary, including unusually high
regulatory, systems integration, or other costs relating to
development or manufacturing of identifiable, highly
promising small business technologies or a class of such
technologies expected to substantially advance the mission of
the agency.
``(B) Determination.--The Administrator shall--
``(i) make a determination regarding an application
submitted under subparagraph (A) not later than 30 days
before the first day of the fiscal year for which the
application is submitted;
``(ii) publish the determination in the Federal Register;
and
``(iii) make a copy of the determination and any related
materials available to the
[[Page S7735]]
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives.
``(3) Maximum amount of award.--The head of a covered
Federal agency may not make an award under a pilot program in
excess of 3 times the dollar amounts generally established
for Phase II awards under subsection (j)(2)(D) or
(p)(2)(B)(ix).
``(4) Registration.--Any applicant that receives an award
under a pilot program shall register with the Administrator
in a registry that is available to the public.
``(5) Report.--The head of each covered Federal agency
shall include in the annual report of the covered Federal
agency to the Administrator an analysis of the various
activities considered for inclusion in the pilot program of
the covered Federal agency and a statement of the reasons why
each activity considered was included or not included, as the
case may be.
``(6) Termination.--The authority to establish a pilot
program under this section expires at the end of fiscal year
2014.
``(7) Definitions.--In this subsection--
``(A) the term `covered Federal agency'--
``(i) means a Federal agency participating in the SBIR
program or the STTR program; and
``(ii) does not include the Department of Defense; and
``(B) the term `pilot program' means the program
established under paragraph (1).''.
SEC. 5205. ACCELERATING CURES.
(a) In General.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by inserting after section 42, as
redesignated by section 5201 of this Act, the following:
``SEC. 43. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.
``(a) NIH Cures Pilot.--
``(1) Establishment.--An independent advisory board shall
be established at the National Academy of Sciences (in this
section referred to as the `advisory board') to conduct
periodic evaluations of the SBIR program (as that term is
defined in section 9) of each of the National Institutes of
Health (referred to in this section as the `NIH') institutes
and centers for the purpose of improving the management of
the SBIR program through data-driven assessment.
``(2) Membership.--
``(A) In general.--The advisory board shall consist of--
``(i) the Director of the NIH;
``(ii) the Director of the SBIR program of the NIH;
``(iii) senior NIH agency managers, selected by the
Director of NIH;
``(iv) industry experts, selected by the Council of the
National Academy of Sciences in consultation with the
Associate Administrator for Technology of the Administration
and the Director of the Office of Science and Technology
Policy; and
``(v) owners or operators of small business concerns that
have received an award under the SBIR program of the NIH,
selected by the Associate Administrator for Technology of the
Administration.
``(B) Number of members.--The total number of members
selected under clauses (iii), (iv), and (v) of subparagraph
(A) shall not exceed 10.
``(C) Equal representation.--The total number of members of
the advisory board selected under clauses (i), (ii), (iii),
and (iv) of subparagraph (A) shall be equal to the number of
members of the advisory board selected under subparagraph
(A)(v).
``(b) Addressing Data Gaps.--In order to enhance the
evidence-base guiding SBIR program decisions and changes, the
Director of the SBIR program of the NIH shall address the
gaps and deficiencies in the data collection concerns
identified in the 2007 report of the National Academy of
Science entitled `An Assessment of the Small Business
Innovation Research Program at the NIH'.
``(c) Pilot Program.--
``(1) In general.--The Director of the SBIR program of the
NIH may initiate a pilot program, under a formal mechanism
for designing, implementing, and evaluating pilot programs,
to spur innovation and to test new strategies that may
enhance the development of cures and therapies.
``(2) Considerations.--The Director of the SBIR program of
the NIH may consider conducting a pilot program to include
individuals with successful SBIR program experience in study
sections, hiring individuals with small business development
experience for staff positions, separating the commercial and
scientific review processes, and examining the impact of the
trend toward larger awards on the overall program.
``(d) Report to Congress.--The Director of the NIH shall
submit an annual report to Congress and the advisory board on
the activities of the SBIR program of the NIH under this
section.
``(e) SBIR Grants and Contracts.--
``(1) In general.--In awarding grants and contracts under
the SBIR program of the NIH each SBIR program manager shall
emphasize applications that identify products, processes,
technologies, and services that may enhance the development
of cures and therapies.
``(2) Examination of commercialization and other metrics.--
The advisory board shall evaluate the implementation of the
requirement under paragraph (1) by examining increased
commercialization and other metrics, to be determined and
collected by the SBIR program of the NIH.
``(3) Phase i and ii.--To the greatest extent practicable,
the Director of the SBIR program of the NIH shall reduce the
time period between Phase I and Phase II funding of grants
and contracts under the SBIR program of the NIH to 90 days.
``(f) Limit.--Not more than a total of 1 percent of the
extramural budget (as defined in section 9 of the Small
Business Act (15 U.S.C. 638)) of the NIH for research or
research and development may be used for the pilot program
under subsection (c) and to carry out subsection (e).''.
(b) Prospective Repeal.--Effective 5 years after the date
of enactment of this Act, the Small Business Act (15 U.S.C.
631 et seq.) is amended--
(1) by striking section 43, as added by subsection (a); and
(2) by redesignating sections 44 and 45 as sections 43 and
44, respectively.
SEC. 5206. FEDERAL AGENCY ENGAGEMENT WITH SBIR AND STTR
AWARDEES THAT HAVE BEEN AWARDED MULTIPLE PHASE
I AWARDS BUT HAVE NOT BEEN AWARDED PHASE II
AWARDS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(gg) Requirements Relating to Federal Agency Engagement
With Certain Phase I SBIR and STTR Awardees.--
``(1) Definition.--In this subsection, the term `covered
awardee' means a small business concern that--
``(A) has received multiple Phase I awards over multiple
years, as determined by the head of a Federal agency, under
the SBIR program or the STTR program of the Federal agency;
and
``(B) has not received a Phase II award--
``(i) under the SBIR program or STTR program, as the case
may be, of the Federal agency described in subparagraph (A);
or
``(ii) relating to a Phase I award described in
subparagraph (A) under the SBIR program or the STTR program
of another Federal agency.
``(2) Performance measures.--The head of each Federal
agency that participates in the SBIR program or the STTR
program shall develop performance measures for any covered
awardee relating to commercializing research or research and
development activities under the SBIR program or the STTR
program of the Federal agency.''.
SEC. 5207. CLARIFYING THE DEFINITION OF ``PHASE III''.
(a) Phase III Awards.--Section 9(e) of the Small Business
Act (15 U.S.C. 638(e)) is amended--
(1) in paragraph (4)(C), in the matter preceding clause
(i), by inserting ``for work that derives from, extends, or
completes efforts made under prior funding agreements under
the SBIR program'' after ``phase'';
(2) in paragraph (6)(C), in the matter preceding clause
(i), by inserting ``for work that derives from, extends, or
completes efforts made under prior funding agreements under
the STTR program'' after ``phase'';
(3) in paragraph (8), by striking ``and'' at the end;
(4) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following:
``(10) the term `commercialization' means--
``(A) the process of developing products, processes,
technologies, or services; and
``(B) the production and delivery of products, processes,
technologies, or services for sale (whether by the
originating party or by others) to or use by the Federal
Government or commercial markets;''.
(b) Technical and Conforming Amendments.--The Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 9 (15 U.S.C. 638)--
(A) in subsection (e)--
(i) in paragraph (4)(C)(ii), by striking ``scientific
review criteria'' and inserting ``merit-based selection
procedures'';
(ii) in paragraph (9), by striking ``the second or the
third phase'' and inserting ``Phase II or Phase III''; and
(iii) by adding at the end the following:
``(11) the term `Phase I' means--
``(A) with respect to the SBIR program, the first phase
described in paragraph (4)(A); and
``(B) with respect to the STTR program, the first phase
described in paragraph (6)(A);
``(12) the term `Phase II' means--
``(A) with respect to the SBIR program, the second phase
described in paragraph (4)(B); and
``(B) with respect to the STTR program, the second phase
described in paragraph (6)(B); and
``(13) the term `Phase III' means--
``(A) with respect to the SBIR program, the third phase
described in paragraph (4)(C); and
``(B) with respect to the STTR program, the third phase
described in paragraph (6)(C).'';
(B) in subsection (j)--
(i) in paragraph (1)(B), by striking ``phase two'' and
inserting ``Phase II'';
(ii) in paragraph (2)--
(I) in subparagraph (B)--
(aa) by striking ``the third phase'' each place it appears
and inserting ``Phase III''; and
(bb) by striking ``the second phase'' and inserting ``Phase
II'';
(II) in subparagraph (D)--
(aa) by striking ``the first phase'' and inserting ``Phase
I''; and
(bb) by striking ``the second phase'' and inserting ``Phase
II'';
(III) in subparagraph (F), by striking ``the third phase''
and inserting ``Phase III'';
(IV) in subparagraph (G)--
[[Page S7736]]
(aa) by striking ``the first phase'' and inserting ``Phase
I''; and
(bb) by striking ``the second phase'' and inserting ``Phase
II''; and
(V) in subparagraph (H)--
(aa) by striking ``the first phase'' and inserting ``Phase
I'';
(bb) by striking ``second phase'' each place it appears and
inserting ``Phase II''; and
(cc) by striking ``third phase'' and inserting ``Phase
III''; and
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by striking ``the first phase (as described in
subsection (e)(4)(A))'' and inserting ``Phase I'';
(bb) by striking ``the second phase (as described in
subsection (e)(4)(B))'' and inserting ``Phase II''; and
(cc) by striking ``the third phase (as described in
subsection (e)(4)(C))'' and inserting ``Phase III''; and
(II) in subparagraph (B), by striking ``second phase'' and
inserting ``Phase II'';
(C) in subsection (k)--
(i) by striking ``first phase'' each place it appears and
inserting ``Phase I''; and
(ii) by striking ``second phase'' each place it appears and
inserting ``Phase II'';
(D) in subsection (l)(2)--
(i) by striking ``the first phase'' and inserting ``Phase
I''; and
(ii) by striking ``the second phase'' and inserting ``Phase
II'';
(E) in subsection (o)(13)--
(i) in subparagraph (B), by striking ``second phase'' and
inserting ``Phase II''; and
(ii) in subparagraph (C), by striking ``third phase'' and
inserting ``Phase III'';
(F) in subsection (p)--
(i) in paragraph (2)(B)--
(I) in clause (vi)--
(aa) by striking ``the second phase'' and inserting ``Phase
II''; and
(bb) by striking ``the third phase'' and inserting ``Phase
III''; and
(II) in clause (ix)--
(aa) by striking ``the first phase'' and inserting ``Phase
I''; and
(bb) by striking ``the second phase'' and inserting ``Phase
II''; and
(ii) in paragraph (3)--
(I) by striking ``the first phase (as described in
subsection (e)(6)(A))'' and inserting ``Phase I'';
(II) by striking ``the second phase (as described in
subsection (e)(6)(B))'' and inserting ``Phase II''; and
(III) by striking ``the third phase (as described in
subsection (e)(6)(A))'' and inserting ``Phase III'';
(G) in subsection (q)(3)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``First
phase'' and inserting ``Phase i''; and
(II) by striking ``first phase'' and inserting ``Phase I'';
and
(ii) in subparagraph (B)--
(I) in the subparagraph heading, by striking ``Second
phase'' and inserting ``Phase ii''; and
(II) by striking ``second phase'' and inserting ``Phase
II'';
(H) in subsection (r)--
(i) in the subsection heading, by striking ``Third Phase''
and inserting ``Phase III'';
(ii) in paragraph (1)--
(I) in the first sentence--
(aa) by striking ``for the second phase'' and inserting
``for Phase II'';
(bb) by striking ``third phase'' and inserting ``Phase
III''; and
(cc) by striking ``second phase period'' and inserting
``Phase II period''; and
(II) in the second sentence--
(aa) by striking ``second phase'' and inserting ``Phase
II''; and
(bb) by striking ``third phase'' and inserting ``Phase
III''; and
(iii) in paragraph (2), by striking ``third phase'' and
inserting ``Phase III''; and
(I) in subsection (u)(2)(B), by striking ``the first
phase'' and inserting ``Phase I''; and
(2) in section 34(c)(2)(B)(vii) (15 U.S.C.
657e(c)(2)(B)(vii)), as redesignated by section 5201 of this
Act, by striking ``third phase'' and inserting ``Phase III''.
SEC. 5208. SHORTENED PERIOD FOR FINAL DECISIONS ON PROPOSALS
AND APPLICATIONS.
(a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(1) in subsection (g)(4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) by adding ``and'' after the semicolon at the end; and
(C) by adding at the end the following:
``(B) make a final decision on each proposal submitted
under the SBIR program--
``(i) not later than 90 days after the date on which the
solicitation closes; or
``(ii) if the Administrator authorizes an extension for a
solicitation, not later than 180 days after the date on which
the solicitation closes;''; and
(2) in subsection (o)(4)--
(A) by inserting ``(A)'' after ``(4)'';
(B) by adding ``and'' after the semicolon at the end; and
(C) by adding at the end the following:
``(B) make a final decision on each proposal submitted
under the STTR program--
``(i) not later than 90 days after the date on which the
solicitation closes; or
``(ii) if the Administrator authorizes an extension for a
solicitation, not later than 180 days after the date on which
the solicitation closes;''.
(b) NIH Peer Review Process.--
(1) In general.--Section 9 of the Small Business Act (15
U.S.C. 638), as amended by this Act, is amended by adding at
the end the following:
``(hh) NIH Peer Review Process.--The Director of the
National Institutes of Health may make an award under the
SBIR program or the STTR program of the National Institutes
of Health if the application for the award has undergone
technical and scientific peer review under section 492 of the
Public Health Service Act (42 U.S.C. 289a).''.
(2) Technical and conforming amendments.--Section 105 of
the National Institutes of Health Reform Act of 2006 (42
U.S.C. 284n) is amended--
(A) in subsection (a)(3)--
(i) by striking ``A grant'' and inserting ``Except as
provided in section 9(hh) of the Small Business Act (15
U.S.C. 638(hh)), a grant''; and
(ii) by striking ``section 402(k)'' and all that follows
through ``Act)'' and inserting ``section 402(l) of such
Act''; and
(B) in subsection (b)(5)--
(i) by striking ``A grant'' and inserting ``Except as
provided in section 9(hh) of the Small Business Act (15
U.S.C. 638(hh)), a grant''; and
(ii) by striking ``section 402(k)'' and all that follows
through ``Act)'' and inserting ``section 402(l) of such
Act''.
TITLE LIII--OVERSIGHT AND EVALUATION
SEC. 5301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)),
as amended by section 5102 of this Act, is amended--
(1) in paragraph (7)--
(A) by striking ``STTR programs, including the data'' and
inserting the following: ``STTR programs, including--
``(A) the data'';
(B) by striking ``(g)(10), (o)(9), and (o)(15), the
number'' and all that follows through ``under each of the
SBIR and STTR programs, and a description'' and inserting the
following: ``(g)(8) and (o)(9); and
``(B) the number of proposals received from, and the number
and total amount of awards to, HUBZone small business
concerns and firms with venture capital investment (including
those majority-owned by multiple venture capital operating
companies) under each of the SBIR and STTR programs;
``(C) a description of the extent to which each Federal
agency is increasing outreach and awards to firms owned and
controlled by women and social or economically disadvantaged
individuals under each of the SBIR and STTR programs;
``(D) general information about the implementation of, and
compliance with the allocation of funds required under,
subsection (cc) for firms owned in majority part by venture
capital operating companies and participating in the SBIR
program;
``(E) a detailed description of appeals of Phase III awards
and notices of noncompliance with the SBIR Policy Directive
and the STTR Policy Directive filed by the Administrator with
Federal agencies; and
``(F) a description''; and
(2) by inserting after paragraph (7) the following:
``(8) to coordinate the implementation of electronic
databases at each of the Federal agencies participating in
the SBIR program or the STTR program, including the technical
ability of the participating agencies to electronically share
data;''.
SEC. 5302. DATA COLLECTION FROM AGENCIES FOR SBIR.
Section 9(g) of the Small Business Act (15 U.S.C. 638(g))
is amended--
(1) by striking paragraph (10);
(2) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) collect annually, and maintain in a common format in
accordance with the simplified reporting requirements under
subsection (v), such information from awardees as is
necessary to assess the SBIR program, including information
necessary to maintain the database described in subsection
(k), including--
``(A) whether an awardee--
``(i) has venture capital or is majority-owned by multiple
venture capital operating companies, and, if so--
``(I) the amount of venture capital that the awardee has
received as of the date of the award; and
``(II) the amount of additional capital that the awardee
has invested in the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a citizen of the United
States or a lawful permanent resident of the United States,
and if so, the name of any such individual; or
``(II) is a person that is not an individual and is not
organized under the laws of a State or the United States, and
if so the name of any such person;
``(iii) is owned by a woman or has a woman as a principal
investigator;
``(iv) is owned by a socially or economically disadvantaged
individual or has a socially or economically disadvantaged
individual as a principal investigator;
``(v) received assistance under the FAST program under
section 34, as in effect on the day before the date of
enactment of the SBIR/STTR Reauthorization Act of 2011, or
the outreach program under subsection (s);
``(vi) is a faculty member or a student of an institution
of higher education, as that term is defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001); or
[[Page S7737]]
``(vii) is located in a State described in subsection
(u)(3); and
``(B) a justification statement from the agency, if an
awardee receives an award in an amount that is more than the
award guidelines under this section;''.
SEC. 5303. DATA COLLECTION FROM AGENCIES FOR STTR.
Section 9(o) of the Small Business Act (15 U.S.C. 638(o))
is amended by striking paragraph (9) and inserting the
following:
``(9) collect annually, and maintain in a common format in
accordance with the simplified reporting requirements under
subsection (v), such information from applicants and awardees
as is necessary to assess the STTR program outputs and
outcomes, including information necessary to maintain the
database described in subsection (k), including--
``(A) whether an applicant or awardee--
``(i) has venture capital or is majority-owned by multiple
venture capital operating companies, and, if so--
``(I) the amount of venture capital that the applicant or
awardee has received as of the date of the application or
award, as applicable; and
``(II) the amount of additional capital that the applicant
or awardee has invested in the SBIR technology;
``(ii) has an investor that--
``(I) is an individual who is not a citizen of the United
States or a lawful permanent resident of the United States,
and if so, the name of any such individual; or
``(II) is a person that is not an individual and is not
organized under the laws of a State or the United States, and
if so the name of any such person;
``(iii) is owned by a woman or has a woman as a principal
investigator;
``(iv) is owned by a socially or economically disadvantaged
individual or has a socially or economically disadvantaged
individual as a principal investigator;
``(v) received assistance under the FAST program under
section 34 or the outreach program under subsection (s);
``(vi) is a faculty member or a student of an institution
of higher education, as that term is defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001); or
``(vii) is located in a State in which the total value of
contracts awarded to small business concerns under all STTR
programs is less than the total value of contracts awarded to
small business concerns in a majority of other States, as
determined by the Administrator in biennial fiscal years,
beginning with fiscal year 2008, based on the most recent
statistics compiled by the Administrator; and
``(B) if an awardee receives an award in an amount that is
more than the award guidelines under this section, a
statement from the agency that justifies the award amount;''.
SEC. 5304. PUBLIC DATABASE.
Section 9(k)(1) of the Small Business Act (15 U.S.C.
638(k)(1)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) for each small business concern that has received a
Phase I or Phase II SBIR or STTR award from a Federal agency,
whether the small business concern--
``(i) has venture capital and, if so, whether the small
business concern is registered as majority-owned by multiple
venture capital operating companies as required under
subsection (cc)(4);
``(ii) is owned by a woman or has a woman as a principal
investigator;
``(iii) is owned by a socially or economically
disadvantaged individual or has a socially or economically
disadvantaged individual as a principal investigator;
``(iv) received assistance under the FAST program under
section 34, as in effect on the day before the date of
enactment of the SBIR/STTR Reauthorization Act of 2011, or
the outreach program under subsection (s); or
``(v) is owned by a faculty member or a student of an
institution of higher education, as that term is defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).''.
SEC. 5305. GOVERNMENT DATABASE.
Section 9(k) of the Small Business Act (15 U.S.C. 638(k))
is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``Not later'' and all that follows through ``Act of 2000''
and inserting ``Not later than 90 days after the date of
enactment of the SBIR/STTR Reauthorization Act of 2011'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(D) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) contains, for each small business concern that
applies for, submits a proposal for, or receives an award
under Phase I or Phase II of the SBIR program or the STTR
program--
``(i) the name, size, and location, and an identifying
number assigned by the Administration of the small business
concern;
``(ii) an abstract of the project;
``(iii) the specific aims of the project;
``(iv) the number of employees of the small business
concern;
``(v) the names of key individuals that will carry out the
project;
``(vi) the percentage of effort each individual described
in clause (iv) will contribute to the project;
``(vii) whether the small business concern is majority-
owned by multiple venture capital operating companies; and
``(viii) the Federal agency to which the application is
made, and contact information for the person or office within
the Federal agency that is responsible for reviewing
applications and making awards under the SBIR program or the
STTR program;'';
(E) by redesignating subparagraphs (D), and (E) as
subparagraphs (E) and (F), respectively;
(F) by inserting after subparagraph (C), as so
redesignated, the following:
``(D) includes, for each awardee--
``(i) the name, size, location, and any identifying number
assigned to the awardee by the Administrator;
``(ii) whether the awardee has venture capital, and, if
so--
``(I) the amount of venture capital as of the date of the
award;
``(II) the percentage of ownership of the awardee held by a
venture capital operating company, including whether the
awardee is majority-owned by multiple venture capital
operating companies; and
``(III) the amount of additional capital that the awardee
has invested in the SBIR technology, which information shall
be collected on an annual basis;
``(iii) the names and locations of any affiliates of the
awardee;
``(iv) the number of employees of the awardee;
``(v) the number of employees of the affiliates of the
awardee; and
``(vi) the names of, and the percentage of ownership of the
awardee held by--
``(I) any individual who is not a citizen of the United
States or a lawful permanent resident of the United States;
or
``(II) any person that is not an individual and is not
organized under the laws of a State or the United States;'';
(G) in subparagraph (E), as so redesignated, by striking
``and'' at the end;
(H) in subparagraph (F), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(I) by adding at the end the following:
``(G) includes a timely and accurate list of any individual
or small business concern that has participated in the SBIR
program or STTR program that has committed fraud, waste, or
abuse relating to the SBIR program or STTR program.''; and
(2) in paragraph (3), by adding at the end the following:
``(C) Government database.--Not later than 60 days after
the date established by a Federal agency for submitting
applications or proposals for a Phase I or Phase II award
under the SBIR program or STTR program, the head of the
Federal agency shall submit to the Administrator the data
required under paragraph (2) with respect to each small
business concern that applies or submits a proposal for the
Phase I or Phase II award.''.
SEC. 5306. ACCURACY IN FUNDING BASE CALCULATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter until the
date that is 5 years after the date of enactment of this Act,
the Comptroller General of the United States shall--
(1) conduct a fiscal and management audit of the SBIR
program and the STTR program for the applicable period to--
(A) determine whether Federal agencies comply with the
expenditure amount requirements under subsections (f)(1) and
(n)(1) of section 9 of the Small Business Act (15 U.S.C.
638), as amended by this Act;
(B) assess the extent of compliance with the requirements
of section 9(i)(2) of the Small Business Act (15 U.S.C.
638(i)(2)) by Federal agencies participating in the SBIR
program or the STTR program and the Administration;
(C) assess whether it would be more consistent and
effective to base the amount of the allocations under the
SBIR program and the STTR program on a percentage of the
research and development budget of a Federal agency, rather
than the extramural budget of the Federal agency; and
(D) determine the portion of the extramural research or
research and development budget of a Federal agency that each
Federal agency spends for administrative purposes relating to
the SBIR program or STTR program, and for what specific
purposes, including the portion, if any, of such budget the
Federal agency spends for salaries and expenses, travel to
visit applicants, outreach events, marketing, and technical
assistance; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the audit
conducted under paragraph (1), including the assessments
required under subparagraphs (B) and (C), and the
determination made under subparagraph (D) of paragraph (1).
(b) Definition of Applicable Period.--In this section, the
term ``applicable period'' means--
(1) for the first report submitted under this section, the
period beginning on October 1, 2005, and ending on September
30 of the last full fiscal year before the date of enactment
of this Act for which information is available; and
[[Page S7738]]
(2) for the second and each subsequent report submitted
under this section, the period--
(A) beginning on October 1 of the first fiscal year after
the end of the most recent full fiscal year relating to which
a report under this section was submitted; and
(B) ending on September 30 of the last full fiscal year
before the date of the report.
SEC. 5307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF
SCIENCES.
Section 108 of the Small Business Reauthorization Act of
2000 (15 U.S.C. 638 note) is amended by adding at the end the
following:
``(e) Extensions and Enhancements of Authority.--
``(1) In general.--Not later than 6 months after the date
of enactment of the SBIR/STTR Reauthorization Act of 2011,
the head of each agency described in subsection (a), in
consultation with the Small Business Administration, shall
cooperatively enter into an agreement with the National
Academy of Sciences for the National Research Council to, not
later than 4 years after the date of enactment of the SBIR/
STTR Reauthorization Act of 2011, and every 4 years
thereafter--
``(A) continue the most recent study under this section
relating to--
``(i) the issues described in subparagraphs (A), (B), (C),
and (E) of subsection (a)(1); and
``(ii) the effectiveness of the government and public
databases described in section 9(k) of the Small Business Act
(15 U.S.C. 638(k)) in reducing vulnerabilities of the SBIR
program and the STTR program to fraud, waste, and abuse,
particularly with respect to Federal agencies funding
duplicative proposals and business concerns falsifying
information in proposals;
``(B) make recommendations with respect to the issues
described in subparagraph (A)(ii) and subparagraphs (A), (D),
and (E) of subsection (a)(2); and
``(C) estimate, to the extent practicable, the number of
jobs created by the SBIR program or STTR program of the
agency.
``(2) Consultation.--An agreement under paragraph (1) shall
require the National Research Council to ensure there is
participation by and consultation with the small business
community, the Administration, and other interested parties
as described in subsection (b).
``(3) Reporting.--An agreement under paragraph (1) shall
require that not later than 4 years after the date of
enactment of the SBIR/STTR Reauthorization Act of 2011, and
every 4 years thereafter, the National Research Council shall
submit to the head of the agency entering into the agreement,
the Committee on Small Business and Entrepreneurship of the
Senate, and the Committee on Small Business of the House of
Representatives a report regarding the study conducted under
paragraph (1) and containing the recommendations described in
paragraph (1).''.
SEC. 5308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(ii) Phase III Reporting.--The annual SBIR or STTR report
to Congress by the Administration under subsection (b)(7)
shall include, for each Phase III award made by the Federal
agency--
``(1) the name of the agency or component of the agency or
the non-Federal source of capital making the Phase III award;
``(2) the name of the small business concern or individual
receiving the Phase III award; and
``(3) the dollar amount of the Phase III award.''.
SEC. 5309. INTELLECTUAL PROPERTY PROTECTIONS.
(a) In General.--The Comptroller General of the United
States shall conduct a study of the SBIR program to assess
whether--
(1) Federal agencies comply with the data rights
protections for SBIR awardees and the technologies of SBIR
awardees under section 9 of the Small Business Act (15 U.S.C.
638);
(2) the laws and policy directives intended to clarify the
scope of data rights, including in prototypes and mentor-
protege relationships and agreements with Federal
laboratories, are sufficient to protect SBIR awardees; and
(3) there is an effective grievance tracking process for
SBIR awardees who have grievances against a Federal agency
regarding data rights and a process for resolving those
grievances.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives a report regarding the study conducted
under subsection (a).
SEC. 5310. OBTAINING CONSENT FROM SBIR AND STTR APPLICANTS TO
RELEASE CONTACT INFORMATION TO ECONOMIC
DEVELOPMENT ORGANIZATIONS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(jj) Consent To Release Contact Information to
Organizations.--
``(1) Enabling concern to give consent.--Each Federal
agency required by this section to conduct an SBIR program or
an STTR program shall enable a small business concern that is
an SBIR applicant or an STTR applicant to indicate to the
Federal agency whether the Federal agency has the consent of
the concern to--
``(A) identify the concern to appropriate local and State-
level economic development organizations as an SBIR applicant
or an STTR applicant; and
``(B) release the contact information of the concern to
such organizations.
``(2) Rules.--The Administrator shall establish rules to
implement this subsection. The rules shall include a
requirement that a Federal agency include in the SBIR and
STTR application a provision through which the applicant can
indicate consent for purposes of paragraph (1).''.
SEC. 5311. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE,
OVERSIGHT, AND CONTRACT PROCESSING COSTS.
(a) In General.--Section 9 of the Small Business Act (15
U.S.C. 638), as amended by this Act, is amended by adding at
the end the following:
``(kk) Assistance for Administrative, Oversight, and
Contract Processing Costs.--
``(1) In general.--Subject to paragraph (2), for the 3 full
fiscal years beginning after the date of enactment of this
subsection, the Administrator shall allow each Federal agency
required to conduct an SBIR program to use not more than 3
percent of the funds allocated to the SBIR program of the
Federal agency for--
``(A) the administration of the SBIR program or the STTR
program of the Federal agency;
``(B) the provision of outreach and technical assistance
relating to the SBIR program or STTR program of the Federal
agency, including technical assistance site visits and
personnel interviews;
``(C) the implementation of commercialization and outreach
initiatives that were not in effect on the date of enactment
of this subsection;
``(D) carrying out the program under subsection (y);
``(E) activities relating to oversight and congressional
reporting, including the waste, fraud, and abuse prevention
activities described in section 313(a)(1)(B)(ii) of the SBIR/
STTR Reauthorization Act of 2011;
``(F) targeted reviews of recipients of awards under the
SBIR program or STTR program of the Federal agency that the
head of the Federal agency determines are at high risk for
fraud, waste, or abuse, to ensure compliance with
requirements of the SBIR program or STTR program,
respectively;
``(G) the implementation of oversight and quality control
measures, including verification of reports and invoices and
cost reviews;
``(H) carrying out subsection (cc);
``(I) carrying out subsection (ff);
``(J) contract processing costs relating to the SBIR
program or STTR program of the Federal agency; and
``(K) funding for additional personnel and assistance with
application reviews.
``(2) Performance criteria.--A Federal agency may not use
funds as authorized under paragraph (1) until after the
effective date of performance criteria, which the
Administrator shall establish, to measure any benefits of
using funds as authorized under paragraph (1) and to assess
continuation of the authority under paragraph (1).
``(3) Rules.--Not later than 180 days after the date of
enactment of this subsection, the Administrator shall issue
rules to carry out this subsection.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 9 of the Small Business Act (15
U.S.C. 638) is amended--
(A) in subsection (f)(2)(A), as so designated by section
5103(2) of this Act, by striking ``shall not'' and all that
follows through ``make available for the purpose'' and
inserting ``shall not make available for the purpose''; and
(B) in subsection (y), as amended by section 203--
(i) by striking paragraph (4);
(ii) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively.
(2) Transitional rule.--Notwithstanding the amendments made
by paragraph (1), subsection (f)(2)(A) and (y)(4) of section
9 of the Small Business Act (15 U.S.C. 638), as in effect on
the day before the date of enactment of this Act, shall
continue to apply to each Federal agency until the effective
date of the performance criteria established by the
Administrator under subsection (kk)(2) of section 9 of the
Small Business Act, as added by subsection (a).
(3) Prospective repeal.--Effective on the first day of the
fourth full fiscal year following the date of enactment of
this Act, section 9 of the Small Business Act (15 U.S.C.
638), as amended by paragraph (1) of this section, is
amended--
(A) in subsection (f)(2)(A), by striking ``shall not make
available for the purpose'' and inserting the following:
``shall not--
``(i) use any of its SBIR budget established pursuant to
paragraph (1) for the purpose of funding administrative costs
of the program, including costs associated with salaries and
expenses; or
``(ii) make available for the purpose''; and
(B) in subsection (y)--
(i) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(ii) by inserting after paragraph (3) the following:
``(4) Funding.--
``(A) In general.--The Secretary of Defense and each
Secretary of a military department may use not more than an
amount equal to 1 percent of the funds available to
[[Page S7739]]
the Department of Defense or the military department pursuant
to the Small Business Innovation Research Program for payment
of expenses incurred to administer the Commercialization
Pilot Program under this subsection.
``(B) Limitations.--The funds described in subparagraph
(A)--
``(i) shall not be subject to the limitations on the use of
funds in subsection (f)(2); and
``(ii) shall not be used to make Phase III awards.''.
SEC. 5312. GAO STUDY WITH RESPECT TO VENTURE CAPITAL
OPERATING COMPANY INVOLVEMENT.
Not later than 3 years after the date of enactment of this
Act, and every 3 years thereafter, the Comptroller General of
the United States shall--
(1) conduct a study of the impact of requirements relating
to venture capital operating company involvement under
section 9(cc) of the Small Business Act, as added by section
5108 of this Act; and
(2) submit to Congress a report regarding the study
conducted under paragraph (1).
SEC. 5313. REDUCING VULNERABILITY OF SBIR AND STTR PROGRAMS
TO FRAUD, WASTE, AND ABUSE.
(a) Fraud, Waste, and Abuse Prevention.--
(1) Guidelines for fraud, waste, and abuse prevention.--
(A) Amendments required.--Not later than 90 days after the
date of enactment of this Act, the Administrator shall amend
the SBIR Policy Directive and the STTR Policy Directive to
include measures to prevent fraud, waste, and abuse in the
SBIR program and the STTR program.
(B) Content of amendments.--The amendments required under
subparagraph (A) shall include--
(i) definitions or descriptions of fraud, waste, and abuse;
(ii) a requirement that the Inspectors General of each
Federal agency that participates in the SBIR program or the
STTR program cooperate to--
(I) establish fraud detection indicators;
(II) review regulations and operating procedures of the
Federal agencies;
(III) coordinate information sharing between the Federal
agencies; and
(IV) improve the education and training of, and outreach
to--
(aa) administrators of the SBIR program and the STTR
program of each Federal agency;
(bb) applicants to the SBIR program or the STTR program;
and
(cc) recipients of awards under the SBIR program or the
STTR program;
(iii) guidelines for the monitoring and oversight of
applicants to and recipients of awards under the SBIR program
or the STTR program; and
(iv) a requirement that each Federal agency that
participates in the SBIR program or STTR program include the
telephone number of the hotline established under paragraph
(2)--
(I) on the Web site of the Federal agency; and
(II) in any solicitation or notice of funding opportunity
issued by the Federal agency for the SBIR program or the STTR
program.
(2) Fraud, waste, and abuse prevention hotline.--
(A) Hotline established.--The Administrator shall establish
a telephone hotline that allows individuals to report fraud,
waste, and abuse in the SBIR program or STTR program.
(B) Publication.--The Administrator shall include the
telephone number for the hotline established under
subparagraph (A) on the Web site of the Administration.
(b) Study and Report.--
(1) Study.--Not later than 1 year after the date of
enactment of this Act, and every 3 years thereafter, the
Comptroller General of the United States shall--
(A) conduct a study that evaluates--
(i) the implementation by each Federal agency that
participates in the SBIR program or the STTR program of the
amendments to the SBIR Policy Directive and the STTR Policy
Directive made pursuant to subsection (a);
(ii) the effectiveness of the management information system
of each Federal agency that participates in the SBIR program
or STTR program in identifying duplicative SBIR and STTR
projects;
(iii) the effectiveness of the risk management strategies
of each Federal agency that participates in the SBIR program
or STTR program in identifying areas of the SBIR program or
the STTR program that are at high risk for fraud;
(iv) technological tools that may be used to detect
patterns of behavior that may indicate fraud by applicants to
the SBIR program or the STTR program;
(v) the success of each Federal agency that participates in
the SBIR program or STTR program in reducing fraud, waste,
and abuse in the SBIR program or the STTR program of the
Federal agency; and
(vi) the extent to which the Inspector General of each
Federal agency that participates in the SBIR program or STTR
program effectively conducts investigations of individuals
alleged to have submitted false claims or violated Federal
law relating to fraud, conflicts of interest, bribery,
gratuity, or other misconduct; and
(B) submit to the Committee on Small Business and
Entrepreneurship of the Senate, the Committee on Small
Business of the House of Representatives, and the head of
each Federal agency that participates in the SBIR program or
STTR program a report on the results of the study conducted
under subparagraph (A).
SEC. 5314. INTERAGENCY POLICY COMMITTEE.
(a) Establishment.--The Director of the Office of Science
and Technology Policy (in this section referred to as the
``Director''), in conjunction with the Administrator, shall
establish an Interagency SBIR/STTR Policy Committee (in this
section referred to as the ``Committee'') comprised of 1
representative from each Federal agency with an SBIR program
or an STTR program and 1 representative of the Office of
Management and Budget.
(b) Cochairpersons.--The Director and the Administrator
shall serve as cochairpersons of the Committee.
(c) Duties.--The Committee shall review, and make policy
recommendations on ways to improve the effectiveness and
efficiency of, the SBIR program and the STTR program,
including--
(1) reviewing the effectiveness of the public and
government databases described in section 9(k) of the Small
Business Act (15 U.S.C. 638(k));
(2) identifying--
(A) best practices for commercialization assistance by
Federal agencies that have significant potential to be
employed by other Federal agencies; and
(B) proposals by Federal agencies for initiatives to
address challenges for small business concerns in obtaining
funding after a Phase II award ends and before
commercialization; and
(3) developing and incorporating a standard evaluation
framework to enable systematic assessment of the SBIR program
and STTR program, including through improved tracking of
awards and outcomes and development of performance measures
for the SBIR program and STTR program of each Federal agency.
(d) Reports.--The Committee shall submit to the Committee
on Small Business and Entrepreneurship of the Senate and the
Committee on Science and Technology and the Committee on
Small Business of the House of Representatives--
(1) a report on the review by and recommendations of the
Committee under subsection (c)(1) not later than 1 year after
the date of enactment of this Act;
(2) a report on the review by and recommendations of the
Committee under subsection (c)(2) not later than 18 months
after the date of enactment of this Act; and
(3) a report on the review by and recommendations of the
Committee under subsection (c)(3) not later than 2 years
after the date of enactment of this Act.
SEC. 5315. SIMPLIFIED PAPERWORK REQUIREMENTS.
Section 9(v) of the Small Business Act (15 U.S.C. 638(v))
is amended--
(1) in the subsection heading, by striking ``Simplified
Reporting Requirements'' and inserting ``Reducing Paperwork
and Compliance Burden'';
(2) by striking ``The Administrator'' and inserting the
following:
``(1) Standardization of reporting requirements.--The
Administrator''; and
(3) by adding at the end the following:
``(2) Simplification of application and award process.--Not
later than one year after the date of enactment of this
paragraph, and after a period of public comment, the
Administrator shall issue regulations or guidelines, taking
into consideration the unique needs of each Federal agency,
to ensure that each Federal agency required to carry out an
SBIR program or STTR program simplifies and standardizes the
program proposal, selection, contracting, compliance, and
audit procedures for the SBIR program or STTR program of the
Federal agency (including procedures relating to overhead
rates for applicants and documentation requirements) to
reduce the paperwork and regulatory compliance burden on
small business concerns applying to and participating in the
SBIR program or STTR program.''.
TITLE LIV--POLICY DIRECTIVES
SEC. 5401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR
POLICY DIRECTIVES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate
amendments to the SBIR Policy Directive and the STTR Policy
Directive to conform such directives to this Act and the
amendments made by this Act.
(b) Publishing SBIR Policy Directive and the STTR Policy
Directive in the Federal Register.--Not later than 180 days
after the date of enactment of this Act, the Administrator
shall publish the amended SBIR Policy Directive and the
amended STTR Policy Directive in the Federal Register.
TITLE LV--OTHER PROVISIONS
SEC. 5501. RESEARCH TOPICS AND PROGRAM DIVERSIFICATION.
(a) SBIR Program.--Section 9(g) of the Small Business Act
(15 U.S.C. 638(g)) is amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``broad research topics and to topics that further 1 or more
critical technologies'' and inserting ``applications to the
Federal agency for support of projects relating to
nanotechnology, rare diseases, security, energy,
transportation, or improving the security and quality of the
water supply of the United States, and the efficiency of
[[Page S7740]]
water delivery systems and usage patterns in the United
States (including the territories of the United States)
through the use of technology (to the extent that the
projects relate to the mission of the Federal agency), broad
research topics, and topics that further 1 or more critical
technologies or research priorities'';
(B) in subparagraph (A), by striking ``or'' at the end; and
(C) by adding at the end the following:
``(C) the National Academy of Sciences, in the final report
issued by the `America's Energy Future: Technology
Opportunities, Risks, and Tradeoffs' project, and in any
subsequent report by the National Academy of Sciences on
sustainability, energy, or alternative fuels;
``(D) the National Institutes of Health, in the annual
report on the rare diseases research activities of the
National Institutes of Health for fiscal year 2005, and in
any subsequent report by the National Institutes of Health on
rare diseases research activities;
``(E) the National Academy of Sciences, in the final report
issued by the `Transit Research and Development: Federal Role
in the National Program' project and the report entitled
`Transportation Research, Development and Technology
Strategic Plan (2006-2010)' issued by the Research and
Innovative Technology Administration of the Department of
Transportation, and in any subsequent report issued by the
National Academy of Sciences or the Department of
Transportation on transportation and infrastructure; or
``(F) the national nanotechnology strategic plan required
under section 2(c)(4) of the 21st Century Nanotechnology
Research and Development Act (15 U.S.C. 7501(c)(4)) and in
any report issued by the National Science and Technology
Council Committee on Technology that focuses on areas of
nanotechnology identified in such plan;''; and
(2) by adding after paragraph (12), as added by section
5111(a) of this Act, the following:
``(13) encourage applications under the SBIR program (to
the extent that the projects relate to the mission of the
Federal agency)--
``(A) from small business concerns in geographic areas
underrepresented in the SBIR program or located in rural
areas (as defined in section 1393(a)(2) of the Internal
Revenue Code of 1986);
``(B) small business concerns owned and controlled by
women;
``(C) small business concerns owned and controlled by
veterans;
``(D) small business concerns owned and controlled by
Native Americans; and
``(E) small business concerns located in a geographic area
with an unemployment rates that exceed the national
unemployment rate, based on the most recently available
monthly publications of the Bureau of Labor Statistics of the
Department of Labor.''.
(b) STTR Program.--Section 9(o) of the Small Business Act
(15 U.S.C. 638(o)), as amended by section 5111(b) of this
Act, is amended--
(1) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``broad research topics and to topics that further 1 or more
critical technologies'' and inserting ``applications to the
Federal agency for support of projects relating to
nanotechnology, security, energy, rare diseases,
transportation, or improving the security and quality of the
water supply of the United States (to the extent that the
projects relate to the mission of the Federal agency), broad
research topics, and topics that further 1 or more critical
technologies or research priorities'';
(B) in subparagraph (A), by striking ``or'' at the end; and
(C) by adding at the end the following:
``(C) the National Academy of Sciences, in the final report
issued by the `America's Energy Future: Technology
Opportunities, Risks, and Tradeoffs' project, and in any
subsequent report by the National Academy of Sciences on
sustainability, energy, or alternative fuels;
``(D) the National Institutes of Health, in the annual
report on the rare diseases research activities of the
National Institutes of Health for fiscal year 2005, and in
any subsequent report by the National Institutes of Health on
rare diseases research activities;
``(E) the National Academy of Sciences, in the final report
issued by the `Transit Research and Development: Federal Role
in the National Program' project and the report entitled
`Transportation Research, Development and Technology
Strategic Plan (2006-2010)' issued by the Research and
Innovative Technology Administration of the Department of
Transportation, and in any subsequent report issued by the
National Academy of Sciences or the Department of
Transportation on transportation and infrastructure; or
``(F) the national nanotechnology strategic plan required
under section 2(c)(4) of the 21st Century Nanotechnology
Research and Development Act (15 U.S.C. 7501(c)(4)) and in
any report issued by the National Science and Technology
Council Committee on Technology that focuses on areas of
nanotechnology identified in such plan;'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(17) encourage applications under the STTR program (to
the extent that the projects relate to the mission of the
Federal agency)--
``(A) from small business concerns in geographic areas
underrepresented in the STTR program or located in rural
areas (as defined in section 1393(a)(2) of the Internal
Revenue Code of 1986);
``(B) small business concerns owned and controlled by
women;
``(C) small business concerns owned and controlled by
veterans;
``(D) small business concerns owned and controlled by
Native Americans; and
``(E) small business concerns located in a geographic area
with an unemployment rates that exceed the national
unemployment rate, based on the most recently available
monthly publications of the Bureau of Labor Statistics of the
Department of Labor.''.
(c) Research and Development Focus.--Section 9(x) of the
Small Business Act (15 U.S.C. 638(x)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 5502. REPORT ON SBIR AND STTR PROGRAM GOALS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(ll) Annual Report on SBIR and STTR Program Goals.--
``(1) Development of metrics.--The head of each Federal
agency required to participate in the SBIR program or the
STTR program shall develop metrics to evaluate the
effectiveness, and the benefit to the people of the United
States, of the SBIR program and the STTR program of the
Federal agency that--
``(A) are science-based and statistically driven;
``(B) reflect the mission of the Federal agency; and
``(C) include factors relating to the economic impact of
the programs.
``(2) Evaluation.--The head of each Federal agency
described in paragraph (1) shall conduct an annual evaluation
using the metrics developed under paragraph (1) of--
``(A) the SBIR program and the STTR program of the Federal
agency; and
``(B) the benefits to the people of the United States of
the SBIR program and the STTR program of the Federal agency.
``(3) Report.--
``(A) In general.--The head of each Federal agency
described in paragraph (1) shall submit to the appropriate
committees of Congress and the Administrator an annual report
describing in detail the results of an evaluation conducted
under paragraph (2).
``(B) Public availability of report.--The head of each
Federal agency described in paragraph (1) shall make each
report submitted under subparagraph (A) available to the
public online.
``(C) Definition.--In this paragraph, the term `appropriate
committees of Congress' means--
``(i) the Committee on Small Business and Entrepreneurship
of the Senate; and
``(ii) the Committee on Small Business and the Committee on
Science and Technology of the House of Representatives.''.
SEC. 5503. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR
PROGRAMS.
Section 9 of the Small Business Act (15 U.S.C. 638), as
amended by this Act, is amended by adding at the end the
following:
``(mm) Competitive Selection Procedures for SBIR and STTR
Programs.--All funds awarded, appropriated, or otherwise made
available in accordance with subsection (f) or (n) must be
awarded pursuant to competitive and merit-based selection
procedures.''.
______
SA 1116. Mr. WICKER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. IMPROVING THE TRANSITION OF MEMBERS OF THE ARMED
FORCES WITH EXPERIENCE IN THE OPERATION OF
CERTAIN MOTOR VEHICLES INTO CAREERS OPERATING
COMMERCIAL MOTOR VEHICLES IN THE PRIVATE
SECTOR.
(a) Study.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Transportation shall jointly conduct a study to
identify the legislative and regulatory actions that can be
taken for purposes as follows:
(A) To facilitate the obtaining of commercial driver's
licenses (within the meaning of section 31302 of title 49,
United States Code) by former members of the Armed Forces who
operated qualifying motor vehicles as members of the Armed
Forces.
(B) To improve the transition of members of the Armed
Forces who operate qualifying motor vehicles as members of
the Armed Forces into careers operating commercial motor
vehicles (as defined in section 31301 of such title) in the
private sector after separation from service in the Armed
Forces.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) Identification of any training, qualifications, or
experiences of members of the
[[Page S7741]]
Armed Forces described in paragraph (1)(B) that satisfy the
minimum standards prescribed by the Secretary of
Transportation for the operation of commercial motor vehicles
under section 31305 of title 49, United States Code.
(B) Identification of the actions the Secretary of Defense
can take to document the training, qualifications, and
experiences of such members for the purposes described in
paragraph (1).
(C) Identification of the actions the Secretary of Defense
can take to modify the training and education programs of the
Department of Defense for the purposes described in paragraph
(1).
(D) An assessment of the feasibility and advisability of
each of the legislative and regulatory actions identified
under the study.
(E) Development of recommendations for legislative and
regulatory actions to further the purposes described in
paragraph (1).
(b) Implementation.--Upon completion of the study required
by subsection (a), the Secretary of Defense and the Secretary
of Transportation shall carry out the actions identified
under the study which the Secretaries--
(1) can carry out without legislative action; and
(2) jointly consider both feasible and advisable.
(c) Report.--
(1) In general.--Upon completion of the study required by
subsection (a)(1), the Secretary of Defense and the Secretary
of Transportation shall jointly submit to Congress a report
on the findings of the Secretaries with respect to the study.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the legislative and regulatory actions
identified under the study.
(B) A description of the actions described in subparagraph
(A) that can be carried out by the Secretary of Defense and
the Secretary of Transportation without any legislative
action.
(C) A description of the feasibility and advisability of
each of the legislative and regulatory actions identified by
the study.
(D) The recommendations developed under subsection
(a)(2)(E).
(d) Definitions.--In this section:
(1) Motor vehicle.--The term ``motor vehicle'' means a
vehicle, machine, tractor, trailer, or semitrailer propelled
or drawn by mechanical power and used on land, but does not
include a vehicle, machine, tractor, trailer, or semitrailer
operated only on a rail line or custom harvesting farm
machinery.
(2) Qualifying motor vehicle.--The term ``qualifying motor
vehicle'' means a motor vehicle or combination of motor
vehicles used to transport passengers or property that--
(A) has a gross combination vehicle weight rating of 26,001
pounds or more, inclusive of a towed unit with a gross
vehicle weight rating of more than 10,000 pounds;
(B) has a gross vehicle weight rating of 26,001 pounds or
more;
(C) is designed to transport 16 or more passengers,
including the driver; or
(D) is of any size and is used in the transportation of
materials found to be hazardous under chapter 51 of title 49,
United States Code, and which require the motor vehicle to be
placarded under subpart F of part 172 of title 49, Code of
Federal Regulations, or any corresponding similar regulation
or ruling.
______
SA 1117. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. __. WHITE SANDS MISSILE RANGE AND FORT BLISS.
(a) Withdrawal.--
(1) In general.--Subject to valid existing rights and
paragraph (3), the Federal land described in paragraph (2) is
withdrawn from--
(A) entry, appropriation, and disposal under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Description of federal land.--The Federal land referred
to in paragraph (1) consists of--
(A) the approximately 5,100 acres of land depicted as
``Withdrawal Area'' on the map entitled ``White Sands
Military Reservation Withdrawal'' and dated May 3, 2011;
(B) the approximately 37,600 acres of land depicted as
``Parcel 1'', ``Parcel 2'', and ``Parcel 3'' on the map
entitled ``Dona Ana County Land Transfer and Withdrawal'' and
dated April 20, 2011; and
(C) any land or interest in land that is acquired by the
United States within the boundaries of the parcels described
in subparagraph (B).
(3) Limitation.--Notwithstanding paragraph (1), the land
depicted as ``Parcel 3'' on the map described in paragraph
(2)(B) is not withdrawn for purposes of the issuance of oil
and gas pipeline rights-of-way.
(b) Reservation.--The Federal land described in subsection
(a)(2)(A) is reserved for use by the Secretary of the Army
for military purposes in accordance with Public Land Order
833, dated May 21, 1952 (17 Fed. Reg. 4822).
(c) Transfer of Administrative Jurisdiction.--Effective on
the date of enactment of this Act, administrative
jurisdiction over the approximately 2,050 acres of land
generally depicted as ``Parcel 1'' on the map described in
subsection (a)(2)(B)--
(1) is transferred from the Secretary of the Army to the
Secretary of the Interior (acting through the Director of the
Bureau of Land Management); and
(2) shall be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) any other applicable laws.
(d) Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
publish in the Federal Register a legal description of the
Federal land withdrawn by subsection (a).
(2) Force of law.--The legal description published under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of the
Interior may correct errors in the legal description.
(3) Reimbursement of costs.--The Secretary of the Army
shall reimburse the Secretary of the Interior for any costs
incurred by the Secretary of the Interior in implementing
this subsection with regard to the Federal land described in
subsection (a)(2)(A).
______
SA 1118. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 346. MODIFICATION OF AVAILABILITY OF SURCHARGES
COLLECTED BY COMMISSARY STORES.
(a) In General.--Paragraph (1)(A) of section 2484(h) of
title 10, United States Code, is amended by striking clauses
(i) and (ii) and inserting the following new clauses:
``(i) to replace, renovate, expand, improve, repair, and
maintain commissary stores and central product processing
facilities of the defense commissary system;
``(ii) to acquire (including acquisition by lease),
convert, or construct such commissary stores and central
product processing facilities as are authorized by law;
``(iii) to equip the physical infrastructure of such
commissary stores and central product processing facilities;
and
``(iv) to cover environmental evaluation and construction
costs related to activities described in clauses (i) and
(ii), including costs for surveys, administration, overhead,
planning, and design.''.
(b) Source and Availability of Certain Funds.--Such section
is further amended by adding at the end the following new
paragraph:
``(6)(A) There shall be credited to the `Surcharge
Collections, Sales of Commissary Stores, Defense Commissary'
account on the books of the Treasury receipts from sources or
activities identified in the following:
``(i) Paragraph (5).
``(ii) Subsections (c), (d), and (g).
``(iii) Subsections (e), (g), and (h) of section 2485 of
this title.
``(B)(i) Funds may not be appropriated for the account
referred to in subparagraph (A), or appropriated for transfer
into the account, unless such appropriation or transfer is
specifically authorized in an Act authorizing appropriations
for military activities of the Department of Defense.
``(ii) Funds appropriated for or transferred into the
account in accordance with clause (i) may not be merged with
amounts within the account.
``(iii) Funds appropriated for or transferred into the
account in accordance with clause (i) shall not be available
to acquire, convert, construct, or improve a commissary store
or central product processing facility of the defense
commissary system unless specifically authorized in an Act
authorizing military construction for the Department of
Defense.''.
______
SA 1119. Mr. BROWN, of Massachusetts (for himself and Mr. Boozman)
submitted an amendment intended to be proposed by him to the bill S.
1867, to authorize appropriations for fiscal year 2012 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 I of title V, add the following:
[[Page S7742]]
SEC. ___. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR
PARENTS WHO ARE MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Child Custody Protection.--Title II of the
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.)
is amended by adding at the end the following new section:
``SEC. 208. CHILD CUSTODY PROTECTION.
``(a) Restriction on Change of Custody.--If a motion for
change of custody of a child of a servicemember is filed
while the servicemember is deployed in support of a
contingency operation, no court may enter an order modifying
or amending any previous judgment or order, or issue a new
order, that changes the custody arrangement for that child
that existed as of the date of the deployment of the
servicemember, except that a court may enter a temporary
custody order if the court finds that it is in the best
interest of the child.
``(b) Completion of Deployment.--In any preceding covered
under subsection (a), a court shall require that, upon the
return of the servicemember from deployment in support of a
contingency operation, the custody order that was in effect
immediately preceding the date of the deployment of the
servicemember be reinstated, unless the court finds that such
a reinstatement is not in the best interest of the child,
except that any such finding shall be subject to subsection
(c).
``(c) Exclusion of Military Service From Determination of
Child's Best Interest.--If a motion for the change of custody
of the child of a servicemember is filed, no court may
consider the absence of the servicemember by reason of
deployment, or possibility of deployment, in determining the
best interest of the child.
``(d) No Federal Right of Action.--Nothing in this section
shall create a Federal right of action.
``(e) Preemption.--In any case where State or Federal law
applicable to a child custody proceeding under State or
Federal law provides a higher standard of protection to the
rights of the parent who is a servicemember than the rights
provided under this section, the State or Federal court shall
apply the State or Federal standard.
``(f) Contingency Operation Defined.--In this section, the
term `contingency operation' has the meaning given that term
in section 101(a)(13) of title 10, United States Code, except
that the term may include such other deployments as the
Secretary concerned may prescribe.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to title II the following new item:
``208. Child custody protection.''.
______
SA 1120. Mrs. SHAHEEN (for herself, Mrs. Gillibrand, Mrs. Boxer, Mr.
Lautenberg, Mrs. Murray, Mr. Blumenthal, Ms. Stabenow, Mr. Durbin, Mr.
Tester, Mr. Franken, and Mr. Coons) submitted an amendment intended to
be proposed by her to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title VII, add the following:
SEC. 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''.
______
SA 1121. Mrs. SHAHEEN (for herself, Mrs. Gillibrand, Mrs. Boxer, Mr.
Lautenberg, Mrs. Murray, Mr. Blumenthal, and Mr. Durbin) submitted an
amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 714. RESTORATION OF PREVIOUS POLICY REGARDING
RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE
MEDICAL FACILITIES.
Section 1093 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) in subsection (a), by striking ``(a) Restriction on Use
of Funds.--''.
______
SA 1122. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title II, add the following:
SEC. 2__. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE.
(a) Acquisition.--
(1) In general.--Subject to paragraph (3), the Secretary of
the Army (referred to in this section as the ``Secretary'')
may acquire any real property and associated real property
interests in the vicinity of Hanover, New Hampshire,
described in paragraph (2) as may be needed for the Engineer
Research and Development Center laboratory facilities at the
Cold Regions Research and Engineering Laboratory.
(2) Description of real property.--The real property
described in this paragraph is the real property to be
acquired under paragraph (1)--
(A) consisting of approximately 18.5 acres, identified as
Tracts 101-1 and 101-2, together with all necessary easements
located entirely within the Town of Hanover, New Hampshire;
and
(B) generally bounded--
(i) to the east by state route 10-Lyme Road;
(ii) to the north by the vacant property of the Trustees of
Dartmouth College;
(iii) to the south by Fletcher Circle graduate student
housing owned by the Trustees of Dartmouth College; and
(iv) to the west by approximately 9 acres of real property
acquired in fee through condemnation in 1981 by the
Secretary.
(3) Amount paid for property.--The Secretary shall pay not
more than fair market value for any real property and
associated real property interest acquired under this
subsection.
(b) Revolving Fund.--The Secretary--
(1) through the Plant Replacement and Improvement Program
of the Secretary, may use amounts in the revolving fund
established by section 101 of the Civil Functions
Appropriations Act, 1954 (33 U.S.C. 576) to acquire the real
property and associated real property interests described in
subsection (a); and
(2) shall ensure that the revolving fund is appropriately
reimbursed from the benefitting appropriations.
(c) Right of First Refusal.--
(1) In general.--The Secretary may provide the seller of
any real property and associated property interests
identified in subsection (a) a right of first refusal--
(A) a right of first refusal to acquire the property, or
any portion of the property, in the event the property or
portion is no longer needed by the Department of the Army;
and
(B) a right of first refusal to acquire any real property
or associated real property interests acquired by
condemnation in Civil Action No. 81-360-L, in the event the
property, or any portion of the property, is no longer needed
by the Department of the Army.
(2) Nature of right.--A right of first refusal provided to
a seller under this subsection shall not inure to the benefit
of any successor or assign of the seller.
(d) Consideration; Fair Market Value.--The purchase of any
property by a seller exercising a right of first refusal
provided under subsection (c) shall be for--
(1) consideration acceptable to the Secretary; and
(2) not less than fair market value at the time at which
the property becomes available for purchase.
(e) Disposal.--The Secretary may dispose of any property or
associated real property interests that are subject to the
exercise of the right of first refusal under this section.
(f) No Effect on Compliance With Environmental Laws.--
Nothing in this section affects or limits the application of
or obligation to comply with any environmental law, including
section 120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
______
SA 1123. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title VII, add the following:
SEC. 705. SENSE OF CONGRESS ON PREMIUMS FOR HEALTH CARE FOR
RETIRED CAREER MEMBERS OF THE UNIFORMED
SERVICES.
It is the sense of Congress that--
(1) career members of the uniformed services and their
families endure unique and extraordinary demands and make
extraordinary sacrifices over the course of a 20-year to 30-
year career in protecting freedom for all Americans; and
(2) those decades of sacrifice constitute a significant
pre-paid premium for health care during retirement that is
over and above
[[Page S7743]]
what such members pay in money as a premium for such health
care.
______
SA 1124. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 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 595, beginning with line 3, strike through line 22
on page 599 and insert the following:
SECTION 3301. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED
STATES CODE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the Maritime
Administration Authorization Act for Fiscal Year 2012.
(b) Amendment of Title 46, United States Code.--Except as
otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to,
or a repeal of, a section or other provision, the reference
shall be considered to be made to a section or other
provision of title 46, United States Code.
(c) Table of Contents.--The table of contents for this
title is as follows:
Sec. 3301. Short title; amendment of title 46, United States Code;
table of contents.
Sec. 3302. Marine transportation system.
Sec. 3303. Short sea transportation program amendments.
Sec. 3304. Use of national defense reserve fleet and ready reserve
force vessels.
Sec. 3305. Green ships program.
Sec. 3306. Waiver of navigation and vessel-inspection laws.
Sec. 3307. Ship scrapping reporting requirement.
Sec. 3308. Extension of maritime security fleet program.
Sec. 3309. Maritime workforce study.
Sec. 3310. Maritime administration vessel recycling contract award
practices.
Sec. 3311. Prohibition on maritime administration receipt of polar
icebreakers.
Sec. 3312. Authorization of appropriations for fiscal year 2012.
SEC. 3302. MARINE TRANSPORTATION SYSTEM.
(a) Report on Status of System.--Section 50109(d) is
amended to read as follows:
``(d) Marine Transportation System.--
``(1) Report on waterways.--Not later than October 1, 2012,
the Secretary, in consultation with the Secretary of Defense
and the commanding officer of the Army Corps of Engineers,
and with the concurrence of the Secretary of the department
in which the Coast Guard is operating, shall submit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House
of Representatives on the status of the Nation's coastal and
inland waterways that--
``(A) describes the state of the United States' marine
transportation infrastructure, including intercoastal
infrastructure, intracoastal infrastructure, inland waterway
infrastructure, ports, and marine facilities;
``(B) provides estimates of the investment levels
required--
``(i) to maintain the infrastructure; and
``(ii) to improve the infrastructure; and
``(C) describes the overall environmental management of the
maritime transportation system and the integration of
environmental stewardship into the overall system.
``(2) Marine transportation.--The Secretary may
investigate, make determinations concerning, and develop a
repository of statistical information relating to marine
transportation, including its relationship to transportation
by land and air, to facilitate research, assessment, and
maintenance of the maritime transportation system. As used in
this paragraph, the term marine transportation includes
intercoastal transportation, intracoastal transportation,
inland waterway transportation, ports, and marine facilities.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this subsection.''.
(b) Container-on-barge Transportation.--
(1) Assessment and report.--Not later than 6 months after
the date of enactment of this Act, the Maritime
Administration shall assess the potential for using
container-on-barge transportation on the inland waterways
system and submit a report, together with the
Administration's findings, conclusions, and recommendations,
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House
of Representatives. If the Administration determines that it
would be in the public interest, the report may include
recommendations for a plan to increase awareness of the
potential for use of such container-on-barge transportation
and recommendations for the development and implementation of
such a plan.
(2) Factors.--In conducting the assessment, the
Administration shall consider--
(A) the environmental benefits of increasing container-on-
barge movements on our inland and intracoastal waterways
system;
(B) regional differences in the inland waterways system;
(C) existing programs established at coastal and Great
Lakes ports for establishing awareness of deep sea shipping
operations;
(D) mechanisms to ensure that implementation of the plan
will not be inconsistent with antitrust laws; and
(E) potential frequency of service at inland river ports.
SEC. 3303. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.
(a) Program Purpose.--Section 55601(a) is amended by
inserting ``and to promote more efficient use of the
navigable waters of the United States'' after ``congestion''.
(b) Designation of Routes.--Section 55601(c) is amended by
inserting ``and to promote more efficient use of the
navigable waters of the United States'' after ``coastal
corridors''.
(c) Project Designation.--Section 55601(d) is amended to
read as follows:
``(d) Project Designation.--The Secretary may designate a
project as a short sea transportation project if the
Secretary determines that the project--
``(1) mitigates landside congestion; or
``(2) promotes more efficient use of the navigable waters
of the United States.''.
(d) Documentation.--Section 55605 is amended by striking
``by vessel'' and inserting ``by a documented vessel''.
SEC. 3304. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY
RESERVE FORCE VESSELS.
Section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), is amended--
(1) in subsection (b)--
(A) by striking ``or'' in paragraph (4) after the
semicolon;
(B) by striking the period at the end of paragraph (5) and
inserting ``; or''; and
(C) by adding at the end the following:
``(6) for civil contingency operations and Maritime
Administration promotional and media events under subsection
(f).''; and
(2) by adding at the end the following:
``(f) Civil Contingency Operations and Promotional and
Media Events.--The Secretary of Transportation may allow,
with the concurrence of the Secretary of Defense, the use of
a vessel in the National Defense Reserve Fleet for civil
contingency operations requested by another Federal agency,
and for Maritime Administration promotional and media events
that are related to demonstration projects and research and
development supporting the Maritime Administration's mission,
if the Secretary of Transportation determines the use of the
vessel is in the best interest of the United States
Government after--
``(1) considering the availability of the National Defense
Reserve Fleet and Ready Reserve Force resources;
``(2) considering the impact on National Defense Reserve
Fleet and Ready Reserve Force mission support to the defense
and homeland security requirements of the United States
Government;
``(3) ensuring that the use of the vessel supports the
mission of the Maritime Administration and does not
significantly interfere with vessel maintenance, repair,
safety, readiness, or resource availability;
``(4) ensuring that safety precautions are taken, including
indemnification of liability, when applicable;
``(5) ensuring that any cost incurred by the use of the
vessel is funded as a reimbursable transaction between
Federal agencies, as applicable; and
``(6) considering any other factors the Secretary of
Transportation determines are appropriate.''.
SEC. 3305. GREEN SHIPS PROGRAM.
(a) In General.--Chapter 503 is amended by adding at the
end the following:
``SEC. Sec. 50307. GREEN SHIPS PROGRAM
``(a) In General.--The Secretary of Transportation may
establish a green ships program to engage in the
environmental study, research, development, assessment, and
deployment of emerging marine technologies and practices
related to the marine transportation system through the use
of public vessels under the control of the Maritime
Administration or private vessels under Untied States
registry, and through partnerships and cooperative efforts
with academic, public, private, and non-governmental entities
and facilities.
``(b) Program Requirements.--The program shall--
``(1) identify, study, evaluate, test, demonstrate, or
improve emerging marine technologies and practices that are
likely to achieve environmental improvements by--
``(A) reducing air emissions, water emissions, or other
ship discharges;
``(B) increasing fuel economy or the use of alternative
fuels and alternative energy (including the use of shore
power); or
``(C) controlling aquatic invasive species; and
``(2) be coordinated with the Environmental Protection
Agency, the United States Coast Guard, and other Federal,
State, local, or tribal agencies, as appropriate.
``(c) Program Coordination.--Program coordination under
subsection (b)(2) may include--
``(1) activities that are associated with the development
or approval of validation and testing regimes; and
[[Page S7744]]
``(2) certification or validation of emerging technologies
or practices that demonstrate significant environmental
benefits.
``(d) Funding and Fees.--
``(1) In general.--In carrying out the green ships program,
the Secretary of Transportation may apply such funds as may
be appropriated and such funds or resources as may become
available by gift, cooperative agreement, or otherwise,
including the collection of fees, for the purposes of the
program and its administration.
``(2) Establishment of fees.--Pursuant to section 9701 of
title 31, the Secretary of Transportation may promulgate
regulations establishing fees to recover reasonable costs to
the Secretary and to academic, public, and non-governmental
entities associated with the program.
``(3) Fee deposit.--Any fees collected under this section
shall be deposited in a special fund of the United States
Treasury for services rendered under the program, which
thereafter shall remain available until expended to carry out
the Secretary of Transportation's activities for which the
fees were collected.
``(e) Report.--The Secretary of Transportation shall report
on the activities, expenditures, and results of the green
ships program during the preceding fiscal year in the annual
budget submission to Congress.''.
(b) Conforming Amendment.--The table of contents for
chapter 503 is amended by inserting after the item relating
to section 50306 the following:
``50307. Green ships program.''.
SEC. 3306. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.
Section 501(b) is amended by adding ``A waiver shall be
accompanied by a certification by the individual and the
Administrator to the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of the
Senate, and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the
House of Representatives that it is not possible to use a
United States flag vessel or United States flag vessels
collectively to meet the national defense requirements.''
after ``prescribes.''.
SEC. 3307. SHIP SCRAPPING REPORTING REQUIREMENT.
Section 3502 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (enacted into law by
section 1 of Public Law 106-398; 16 U.S.C. 5405 note; 114
Stat. 1654A-490) is amended by amending subsection (f) to
read as follows:
``(f) The Secretary of Transportation shall provide
briefings, upon request, to the Committee on Commerce,
Science, and Transportation and the Committee on Armed
Services of the Senate and the Committee on Transportation
and Infrastructure, the Committee on Resources, and the
Committee on Armed Services of the House of Representatives
on--
``(1) the progress made to recycle vessels;
``(2) any problems encountered in recycling vessels; and
``(3) any other issues relating to vessel recycling and
disposal.''.
SEC. 3308. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.
(a) Section 53101 is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Foreign commerce.--The term foreign commerce means--
``(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country; and
``(B) commerce or trade between foreign countries.'';
(2) by striking paragraph (5);
(3) by redesignating paragraphs (6) through (13) as (5)
through (12), respectively; and
(4) by amending paragraph (5), as redesignated by section
3308(a)(3) of this Act, to read as follows:
``(5) Participating fleet vessel.--The term participating
fleet vessel means any vessel that--
``(A) on October 1, 2015--
``(i) meets the requirements of paragraph (1), (2), (3), or
(4) of section 53102(c); and
``(ii) is less than 20 years of age if the vessel is a tank
vessel, or is less than 25 years of age for all other vessel
types; and
``(B) on December 31, 2014, is covered by an operating
agreement under this chapter.''.
(b) Section 53102(b) is amended to read as follows:
``(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in providing transportation
in foreign commerce;
``(3) the vessel is self-propelled and--
``(A) is a tank vessel that is 10 years of age or less on
the date the vessel is included in the Fleet; or
``(B) is any other type of vessel that is 15 years of age
or less on the date the vessel is included in the Fleet;
``(4) the vessel--
``(A) is suitable for use by the United States for national
defense or military purposes in time of war or national
emergency, as determined by the Secretary of Defense; and
``(B) is commercially viable, as determined by the
Secretary; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel, but--
``(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of this title if
it is included in the Fleet; and
``(ii) at the time an operating agreement for the vessel is
entered into under this chapter, the vessel is eligible for
documentation under chapter 121 of this title.''.
(c) Section 53103 is amended--
(1) by amending subsection (b) to read as follows:
``(b) Extension of Existing Operating Agreements.--
``(1) Offer to extend.--Not later than 60 days after the
date of enactment of the Maritime Administration
Authorization Act for Fiscal Year 2012, the Secretary shall
offer, to an existing contractor, to extend, through
September 30, 2025, an operating agreement that is in
existence on the date of enactment of that Act. The terms and
conditions of the extended operating agreement shall include
terms and conditions authorized under this chapter, as
amended from time to time.
``(2) Time limit.--An existing contractor shall have not
later than 120 days after the date the Secretary offers to
extend an operating agreement to agree to the extended
operating agreement.
``(3) Subsequent award.--The Secretary may award an
operating agreement to an applicant that is eligible to enter
into an operating agreement for fiscal years 2016 through
2025 if the existing contractor does not agree to the
extended operating agreement under paragraph (2).''; and
(2) by amending subsection (c) to read as follows:
``(c) Procedure for Awarding New Operating Agreements.--The
Secretary may enter into a new operating agreement with an
applicant that meets the requirements of section 53102(c)
(for vessels that meet the qualifications of section
53102(b)) on the basis of priority for vessel type
established by military requirements of the Secretary of
Defense. The Secretary shall allow an applicant at least 30
days to submit an application for a new operating agreement.
After consideration of military requirements, priority shall
be given to an applicant that is a U.S. citizen under section
50501 of this title. The Secretary may not approve an
application without the consent of the Secretary of Defense.
The Secretary shall enter into an operating agreement with
the applicant or provide a written reason for denying the
application.''.
(d) Section 53104 is amended--
(1) in subsection (c), by striking paragraph (3); and
(2) in subsection (e), by striking ``an operating agreement
under this chapter is terminated under subsection (c)(3), or
if''.
(e) Section 53105 is amended--
(1) by amending subsection (e) to read as follows:
``(e) Transfer of Operating Agreements.--A contractor under
an operating agreement may transfer the agreement (including
all rights and obligations under the operating agreement) to
any person that is eligible to enter into the operating
agreement under this chapter if the Secretary and the
Secretary of Defense determine that the transfer is in the
best interests of the United States. A transaction shall not
be considered a transfer of an operating agreement if the
same legal entity with the same vessels remains the
contracting party under the operating agreement.''; and
(2) by amending subsection (f) to read as follows:
``(f) Replacement Vessels.--A contractor may replace a
vessel under an operating agreement with another vessel that
is eligible to be included in the Fleet under section
53102(b), if the Secretary, in conjunction with the Secretary
of Defense, approves the replacement of the vessel.''.
(f) Section 53106 is amended--
(1) in subsection (a)(1), by striking ``and (C) $3,100,000
for each of fiscal years 2012 through 2025.'' and inserting
the following:
``(C) $3,100,000 for each of fiscal years 2012, 2013, 2014,
2015, 2016, 2017, and 2018;
``(D) $3,500,000 for each of fiscal years 2019, 2020, and
2021; and
``(E) $3,700,000 for each of fiscal years 2022, 2023, 2024,
and 2025.'';
(2) in subsection (c)(3)(C), by striking ``a LASH vessel.''
and inserting ``a lighter aboard ship vessel.''; and
(3) by striking subsection (f).
(g) Section 53107(b)(1) is amended to read as follows:
``(1) In general.--An Emergency Preparedness Agreement
under this section shall require that a contractor for a
vessel covered by an operating agreement under this chapter
shall make commercial transportation resources (including
services) available, upon request by the Secretary of Defense
during a time of war or national emergency, or whenever the
Secretary of Defense determines that it is necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10, United States Code).''.
(h) Section 53109 is repealed.
(i) Section 53111 is amended--
(1) by striking ``and'' at the end of paragraph (2); and
(2) by amending paragraph (3) to read as follows:
``(3) $186,000,000 for each of fiscal years 2012, 2013,
2014, 2015, 2016, 2017, and 2018;
``(4) $210,000,000 for each of fiscal years 2019, 2020, and
2021; and
[[Page S7745]]
``(5) $222,000,000 for each fiscal year thereafter through
fiscal year 2025.''.
(j) Chapter 531 is amended by adding at the end the
following:
``SEC. Sec. 53112. ACQUISITION OF FLEET VESSELS
``(a) In General.--Notwithstanding section 2218(f) of title
10, United States Code, upon replacement of any vessel
subject to an operating agreement under this chapter, and
subject to agreement by the vessel owner, the Secretary is
authorized, subject to concurrence with the Secretary of
Defense, to acquire the vessel being replaced for inclusion
in the National Defense Reserve Fleet.
``(b) Requirements.--In order to be eligible for
acquisition by the Secretary under this section, a vessel
shall--
``(1) have been included in a Maritime Security Program
Operating Agreement for not less than 3 years; and
``(2) meet recapitalization requirements for the Ready
Reserve Force.
``(c) Fair Market Value.--The Maritime Administration shall
establish a fair market value for the acquisition of an
eligible vessel under this section.
``(d) Appropriations.--A vessel acquisition under this
section shall be subject to the availability of
appropriations and the appropriations shall be part of the
National Defense Reserve Fleet appropriations and separate
from Maritime Security Program appropriations.''.
(k) The table of contents for chapter 531 is amended--
(1) by striking the item relating to section 53109; and
(2) by inserting at the end the following:
``53112. Acquisition of fleet vessels.''.
(l) Effective Date of Amendments.--The amendments made by--
(1) paragraphs (2), (3), and (4) of section 3308(a) of this
Act take effect on December 31, 2014; and
(2) section 3308(f)(2) of this Act take effect on December
31, 2014.
SEC. 3309. MARITIME WORKFORCE STUDY.
(a) Training Study.--The Comptroller General of the United
States shall conduct a study on the training needs of the
maritime workforce.
(b) Study Components.--The study shall--
(1) analyze the impact of training requirements imposed by
domestic and international regulations and conventions,
companies, and government agencies that charter or operate
vessels;
(2) evaluate the ability of the Nation's maritime training
infrastructure to meet the current needs of the maritime
industry;
(3) evaluate the ability of the Nation's maritime training
infrastructure to effectively meet the needs of the maritime
industry in the future;
(4) identify trends in maritime training;
(5) compare the training needs of U.S. mariners with the
vocational training and educational assistance programs
available from Federal agencies to evaluate the ability of
Federal programs to meet the training needs of U.S. mariners;
(6) include recommendations for future programs to enhance
the capabilities of the Nation's maritime training
infrastructure; and
(7) include recommendations for future programs to assist
U.S. mariners and those entering the maritime profession
achieve the required training.
(c) Final Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 3310. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT
AWARD PRACTICES.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Inspector General of the
Department of Transportation shall conduct an assessment of
the source selection procedures and practices used to award
the Maritime Administration's National Defense Reserve Fleet
vessel recycling contracts. The Inspector General shall
assess the process, procedures, and practices used for the
Maritime Administration's qualification of vessel recycling
facilities. The Inspector General shall report the findings
to the Committee on Commerce, Science, and Transportation and
the Committee on Armed Services of the Senate, and the
Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of Representatives.
(b) Assessment.--The assessment under subsection (a) shall
include a review of whether the Maritime Administration's
contract source selection procedures and practices are
consistent with law, the Federal Acquisition Regulations
(FAR), and Federal best practices associated with making
source selection decisions.
(c) Considerations.--In making the assessment under
subsection (a), the Inspector General may consider any other
aspect of the Maritime Administration's vessel recycling
process that the Inspector General deems appropriate to
review.
SEC. 3311. PROHIBITION ON MARITIME ADMINISTRATION RECEIPT OF
POLAR ICEBREAKERS.
Until the date that is 2 years after the date on which the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives receive the polar icebreaker
business case analysis under subsection 307(f) of the Coast
Guard Authorization Act of 2010 (14 U.S.C. 92 note), or until
the Coast Guard has replaced the Coast Guard Cutter POLAR SEA
(WAGB 11) and the Coast Guard Cutter POLAR STAR (WAGB 10)
with 2 in commission, active heavy polar icebreakers--
(1) the Administrator of the Maritime Administration may
not receive, maintain, dismantle, or recycle either cutter;
and
(2) the Commandant may not--
(A) transfer or relinquish ownership of either of the
cutters;
(B) dismantle a major component of, or recycle parts from,
the POLAR SEA, unless the POLAR STAR cannot be made to
function properly without doing so;
(C) change the homeport of either of the cutters;
(D) expend any funds--
(i) for any expenses directly or indirectly associated with
the decommissioning of either of the cutters, including
expenses for dock use or other goods and services;
(ii) for any personnel expenses directly or indirectly
associated with the decommissioning of either of the cutters,
including expenses for a decommissioning officer; or
(iii) for any expenses associated with a decommissioning
ceremony for either of the cutters;
(E) appoint a decommissioning officer to be affiliated with
either of the cutters; or
(F) place either of the cutters in inactive status,
including a status of--
(i) out of commission, in reserve;
(ii) out of service, in reserve; or
(iii) pending placement out of commission.
SEC. 3312. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2012.
There are authorized to be appropriated to the Secretary of
Transportation for programs of the Maritime Administration
the following amounts:
(1) Operations and training.--For expenses necessary for
operations and training activities, not to exceed
$161,539,000 for the fiscal year ending September 30, 2012,
of which--
(A) $28,885,000 is for capital improvements at the U.S.
Merchant Marine Academy, to remain available until expended;
and
(B) $11,100,000 is for maintenance and repair for training
ships at State Maritime Schools, to remain available until
expended.
(2) Maritime guaranteed loans.--For administrative expenses
related to loan guarantee commitments under chapter 537 of
title 46, United States Code, not to exceed $3,750,000, which
shall be paid to the appropriation for Operations and
Training, Maritime Administration.
(3) Ship disposal.--For disposal of non-retention vessels
in the National Defense Reserve Fleet, $18,500,000, to remain
available until expended.
______
SA 1125. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Durbin, and Mr.
Udall of Colorado) submitted an amendment intended to be proposed by
her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
On page 361, line 9, insert ``abroad'' after ``is
captured''.
______
SA 1126. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Durbin, and Mr.
Udall of Colorado) submitted an amendment intended to be proposed by
her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
On page 360, between lines 21 and 22, insert the following:
(e) Applicability to Citizens.--The authority described in
this section for the Armed Forces of the United States to
detain a person does not include the authority to detain a
citizen of the United States without trial until the end of
the hostilities.
______
SA 1127. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill H.R. 2056, to instruct the Inspector General of the
Federal Deposit Insurance Corporation to study the impact of insured
depository institution failures, and for other purposes; which was
referred to the Committee on Banking, Housing, and Urban Affairs; as
follows:
On page 2, line 10, insert ``and'' after the semicolon.
On page 2, line 14, strike the semicolon and all that
follows through line 19 and insert a period.
On page 4, strike line 14 and all that follows through page
5, line 5, and insert the following:
(2) Losses.--The significance of losses, including--
(A) the number of insured depository institutions that have
been placed into receivership or conservatorship due to
significant
[[Page S7746]]
losses arising from loans for which all payments of
principal, interest, and fees were current, according to the
contractual terms of the loans;
(B) the impact of significant losses arising from loans for
which all payments of principal, interest, and fees were
current, according to the contractual terms of the loans, on
the ability of insured depository institutions to raise
additional capital;
(C) the effect of changes in the application of fair value
accounting rules and other accounting standards, including
the allowance for loan and lease loss methodology, on insured
depository institutions, specifically the degree to which
fair value accounting rules and other accounting standards
have led to regulatory action against banks, including
consent orders and closure of the institution; and
(D) whether field examiners are using appropriate appraisal
procedures with respect to losses arising from loans for
which all payments of principal, interest, and fees were
current, according to the contractual terms of the loans, and
whether the application of appraisals leads to immediate
write downs on the value of the underlying asset.
On page 9, strike lines 15 through 19, and insert the
following:
SEC. 2. CONGRESSIONAL TESTIMONY.
The Inspector General of the Federal Deposit Insurance
Corporation and the Comptroller General of the United States
shall appear before the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives, not later than 150
days after the date of publication of the study required
under this Act to discuss the outcomes and impact of Federal
regulations on bank examinations and failures.
______
SA 1128. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VI, insert the following:
SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND
VETERANS' DISABILITY COMPENSATION FOR CERTAIN
MILITARY RETIREES WITH COMPENSABLE SERVICE-
CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees
With Service-Connected Disabilities Rated Less Than 50
Percent.--
(1) Repeal of 50 percent requirement.--Section 1414 of
title 10, United States Code, is amended by striking
paragraph (2) of subsection (a).
(2) Computation.--Paragraph (1) of subsection (c) of such
section is amended by adding at the end the following new
subparagraph:
``(G) For a month for which the retiree receives veterans'
disability compensation for a disability rated as 40 percent
or less or has a service-connected disability rated as zero
percent, $0.''.
(b) Clerical Amendments.--
(1) The heading of section 1414 of such title is amended to
read as follows:
``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
payment of retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2012, and shall apply to
payments for months beginning on or after that date.
SEC. __. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
RELATED SPECIAL COMPENSATION AND CONCURRENT
RECEIPT.
(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of
title 10, United States Code, as amended by section __(a), is
further amended--
(A) by striking ``a member or'' and all that follows
through ``retiree')'' and inserting ``a qualified retiree'';
and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay (other by reason of
section 12731b of this title); and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(2) Disability retirees.--Paragraph (2) of subsection (b)
of section 1414 of such title is amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a qualified retiree who is
retired under chapter 61 of this title with fewer than 20
years of creditable service is subject to reduction by the
lesser of--
``(A) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(B) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to 2\1/2\ percent of the member's years of creditable
service multiplied by the member's retired pay base under
section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2012, and shall apply to
payments for months beginning on or after that date.
______
SA 1129. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2833. REDESIGNATION OF MIKE O'CALLAGHAN FEDERAL HOSPITAL
IN NEVADA AS MIKE O'CALLAGHAN FEDERAL MEDICAL
CENTER.
(a) Redesignation.--Section 2867 of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2806), as amended by
section 8135(a) of the Department of Defense Appropriations
Act, 1997 (section 101(b) of division A of the Omnibus
Consolidated Appropriations Act, 1997 (Public Law 104-208;
110 Stat. 3009-118)), is further amended by striking ``Mike
O'Callaghan Federal Hospital'' each place it appears and
inserting ``Mike O'Callaghan Federal Medical Center''.
(b) Conforming Amendment.--The heading of such section 2867
is amended to read as follows:
``SEC. 2867. MIKE O'CALLAGHAN FEDERAL MEDICAL CENTER.''.
______
SA 1130. Mr. REID (for himself and Mr. Inhofe) submitted an amendment
intended to be proposed by him to the bill S. 1867, to authorize
appropriations for fiscal year 2012 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 follow:
At the end of subtitle H of title X, add the following:
SEC. 1088. FIRE SUPPRESSION AGENTS.
Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is
amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) is listed as acceptable for use as a fire suppression
agent for nonresidential applications in accordance with
section 612(c).''.
______
SA 1131. Mr. REID submitted an amendment to be proposed by him to the
bill S. 1867, to authorize appropriations for fiscal year 2012 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 follow:
At the appropriate place in title VI, insert the following:
SEC. __. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED
SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY
RETIREES.
(a) In General.--Section 1413a(b)(3) of title 10, United
States Code, is amended by striking ``shall be reduced by the
amount (if any) by which the amount of the member's retired
pay under chapter 61 of this title exceeds'' both places it
appears and inserting ``may not, when combined with the
amount of retired pay payable to the retiree after any such
reduction under sections 5304 and 5305 of title 38, cause the
total of such combined payment to exceed''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2012, and shall apply to
payments for months beginning on or after that date.
______
SA 1132. Mr. McCAIN (for himself, Mr. Levin, and Ms. Ayotte)
submitted an amendment intended to be proposed by him to the bill S.
1867, to authorize appropriations for fiscal year 2012 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 follow:
[[Page S7747]]
At the end of subtitle A of title X, add the following:
SEC. 1005. PLAN TO ENSURE AUDIT READINESS OF STATEMENTS OF
BUDGETARY RESOURCES.
(a) Planning Requirement.--The report to be issued pursuant
to section 1003(b) of the National Defense Authorization Act
for 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222
note) and provided by not later than May 15, 2012, shall
include a plan, including interim objectives and a schedule
of milestones for each military department and for the
defense agencies, to ensure that the statement of budgetary
resources of the Department of Defense meets the goal
established by the Secretary of Defense of being validated
for audit by not later than September 30, 2014. Consistent
with the requirements of such section, the plan shall ensure
that the actions to be taken are systemically tied to process
and control improvements and business systems modernization
efforts necessary for the Department to prepare timely,
reliable, and complete financial management information on a
repeatable basis.
(b) Semiannual Updates.--The reports to be issued pursuant
to such section after the report described in subsection (a)
shall update the plan required by such subsection and explain
how the Department has progressed toward meeting the
milestones established in the plan.
______
SA 1133. Mr. BLUNT (for himself and Mrs. Gillibrand) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 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 follow:
At the end of subtitle H of title X, add the following:
SEC. ___. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL
GUARD DUTY.
(a) In General.--Section 4312(c)(4) of title 38, United
States Code, is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(F) ordered to full-time National Guard duty under the
provisions of section 502(f) of title 32 when the period of
duty is expressly designated in writing by the Secretary of
Defense as covered by this subparagraph.''.
(b) Effective Date.--Subparagraph (F) of such section
4312(c)(4), as added by subsection (a)(3), shall apply with
respect to an individual ordered to full-time National Guard
duty under section 502(f) of title 32 of such Code, on or
after September 11, 2001, and shall entitle such individual
to rights and benefits under chapter 43 of title 38 of such
Code on or after that date.
______
SA 1134. Mr. BLUNT submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle C of title X, add the following:
SEC. 1024. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR
NAMING THE VESSELS OF THE NAVY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the policies and
practices of the Navy for naming vessels of the Navy.
(b) Elements.--The report required by subsection (a) shall
set forth the following:
(1) A description of the current policies and practices of
the Navy for naming vessels of the Navy.
(2) A description of the extent to which the policies and
practices described under paragraph (1) vary from historical
policies and practices of the Navy for naming vessels of the
Navy, and an explanation for such variances (if any).
(3) An assessment of the feasibility and advisability of
establishing fixed policies for the naming of one or more
classes of vessels of the Navy, and a statement of the
policies recommended to apply to each class of vessels
recommended to be covered by such fixed policies if the
establishment of such fixed policies is considered feasible
and advisable.
(4) Any other matters relating to the policies and
practices of the Navy for naming vessels of the Navy that the
Secretary of Defense considers appropriate.
______
SA 1135. Ms. SNOWE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of title XXVII, add the following:
SEC. 2705. ENHANCED COMMISSARY STORES PILOT PROGRAM.
(a) Authority To Operate Enhanced Commissary Stores.--
Subchapter II of chapter 147 of title 10, United States Code,
is amended by inserting after section 2488 the following new
section:
``Sec. 2488a. Enhanced commissary stores
``(a) Authority To Operate.--The Defense Commissary Agency
may operate an enhanced commissary store at such military
installations designated for closure or adverse realignment
under a base closure law as the Defense Commissary Agency
considers to be appropriate.
``(b) Additional Categories of Merchandise.--(1) In
addition to selling items in the merchandise categories
specified in subsection (b) of section 2484 of this title in
the manner provided by such section, an enhanced commissary
store also may sell items in the following categories as
commissary merchandise:
``(A) Alcoholic beverages.
``(B) Tobacco products.
``(C) Items in such other merchandise categories (not
covered by subsection (b) of section 2484 of this title) as
the Secretary of Defense may authorize.
``(2) Subsections (c) and (g) of section 2484 of this title
shall not apply with regard to the selection, or method of
sale, of merchandise in the categories specified in
subparagraphs (A) and (B) of paragraph (1) or in any other
merchandise category authorized under subparagraph (C) of
such paragraph for sale in, at, or by an enhanced commissary
store.
``(c) Sales Price Establishment and Surcharge.--Subsections
(d) and (e) of section 2484 of this title shall not apply to
the pricing of merchandise in the categories specified in
subparagraphs (A) and (B) of paragraph (1) of subsection (b)
or in any other merchandise category authorized under
subparagraph (C) of such paragraph for sale in, at, or by an
enhanced commissary store. Instead, the Secretary of Defense
shall determine appropriate prices for such merchandise sold
in, at, or by an enhanced commissary store.
``(d) Retention and Use of Portion of Proceeds.--(1) The
Secretary of Defense may retain amounts equal to the
difference between--
``(A) the retail price of merchandise in the categories
specified in subparagraphs (A) and (B) of paragraph (1) of
subsection (b) and in other merchandise categories authorized
under subparagraph (C) of such paragraph for sale in, at, or
by an enhanced commissary store; and
``(B) the invoice cost of such merchandise.
``(2) The Secretary of Defense shall use amounts retained
under paragraph (1) for an enhanced commissary store to help
offset the operating costs of that enhanced commissary
store.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2488 the following new item:
``2488a. Enhanced commissary stores.''.
______
SA 1136. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle H of title X, add the following:
SEC. 1088. PROHIBITION ON ESTABLISHMENT OF HEADQUARTERS OF
THE UNITED STATES AFRICA COMMAND (AFRICOM)
OUTSIDE THE CONTINENTAL UNITED STATES.
None of the amounts authorized to be appropriated by this
Act or authorized or appropriated by any other Act may be
used to establish the headquarters of the United States
Africa Command (AFRICOM) outside of the continental United
States.
______
SA 1137. Mr. HELLER (for himself and Mr. Kirk) submitted an amendment
intended to be proposed by him to the bill S. 1867, to authorize
appropriations for fiscal year 2012 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL
AND RELOCATION OF THE UNITED STATES EMBASSY TO
JERUSALEM.
(a) Statement of Policy.--It is the policy of the United
States to recognize Jerusalem as the undivided capital of the
state of Israel, both de jure and de facto.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Jerusalem must remain an undivided city in which the
rights of every ethnic and
[[Page S7748]]
religious group are protected as they have been by Israel
since 1967;
(2) every citizen of Israel should have the right to reside
anywhere in the undivided city of Jerusalem;
(3) the President and the Secretary of State should
publicly affirm as a matter of United States policy that
Jerusalem must remain the undivided capital of the State of
Israel;
(4) the President should immediately implement the
provisions of the Jerusalem Embassy Act of 1995 (Public Law
104-45) and begin the process of relocating the United States
Embassy in Israel to Jerusalem; and
(5) United States officials should refrain from any actions
that contradict United States law on this subject.
(c) Amendment of Waiver Authority.--The Jerusalem Embassy
Act of 1995 (Public Law 104-45) is amended--
(1) by striking section 7; and
(2) by redesignating section 8 as section 7.
(d) Identification of Jerusalem on Government Documents.--
Notwithstanding any other provision of law, any official
document of the United States Government which lists
countries and their capital cities shall identify Jerusalem
as the capital of Israel.
______
SA 1138. Mr. HELLER (for himself, Mr. Brown of Massachusetts, Mr.
Boozman, Mr. Blumenthal, and Mr. Kerry) submitted an amendment intended
to be proposed by him to the bill S. 1867, to authorize appropriations
for fiscal year 2012 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. EXHUMATION AND TRANSFER OF REMAINS OF DECEASED
MEMBERS OF THE ARMED FORCES BURIED IN TRIPOLI,
LIBYA.
(a) In General.--The Secretary of Defense shall take
whatever actions may be necessary to--
(1) exhume the remains of any deceased members of the Armed
Forces of the United States buried at a burial site described
in subsection (b);
(2) transfer such remains to an appropriate forensics
laboratory to be identified;
(3) in the case of any remains that are identified,
transport the remains to a veterans cemetery located in
proximity, as determined by the Secretary, to the closest
living family member of the deceased individual or at another
cemetery as determined by the Secretary;
(4) for any member of the Armed Forces whose remains are
identified, provide a military funeral and burial; and
(5) in the case of any remains that cannot be identified,
transport the remains to Arlington National Cemetery for
interment at a an appropriate grave marker identifying the
United States Navy Sailors of the USS Intrepid who gave their
lives on September 4, 1804, in Tripoli, Libya.
(b) Burial Sites Described.--The burial sites described in
this subsection are the following:
(1) The mass burial site containing the remains of five
United States sailors located in Protestant Cemetery in
Tripoli, Libya.
(2) The mass burial site containing the remains of eight
United States sailors located near the walls of the Tripoli
Castle in Tripoli, Libya.
(c) Report.--Not later than 180 days after the effective
date of this section, the Secretary shall submit to Congress
a report describing the status of the actions under this
section. The report shall include an estimate of the date of
the completion of the actions undertaken, and to be
undertaken, under this section.
(d) Effective Date.--This section takes effect on the date
on which Operation Unified Protector of the North Atlantic
Treaty Organization (NATO), or any successor operation,
terminates.
(e) Available Funds.--The Secretary shall carry out this
section using amounts authorized to be appropriated for the
Department of Defense by Acts enacted before the date of the
enactment of this Act.
______
SA 1139. Mr. CASEY (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:
At the end of subtitle 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).''.
______
SA 1140. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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 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.
______
SA 1141. Mrs. BOXER (for herself and Mr. Burr) submitted an amendment
intended to be proposed by her to the bill S. 1867, to authorize
appropriations for fiscal year 2012 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 714. FLEXIBLE SPENDING ARRANGEMENTS FOR HEALTH CARE AND
DEPENDENT CARE FOR MEMBERS OF THE UNIFORMED
SERVICES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretaries concerned should implement flexible spending
arrangements for members of the uniformed services with
respect to basic pay and compensation for health care and
dependent care on a pre-
[[Page S7749]]
tax basis in accordance with regulations prescribed under
sections 106(c) and 125 of the Internal Revenue Code of 1986.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the other Secretaries concerned, submit to
Congress a report setting forth a plan to implement flexible
spending arrangements for members of the uniformed services
as described in subsection (a). The plan shall include the
following:
(1) An identification of any obstacles to the
implementation of the plan, including a statement of any
additional authorities required for implementation of the
plan.
(2) A schedule for completion of the implementation of the
plan.
(3) An estimate of the costs to be associated with the
implementation of the plan.
(c) Secretaries Concerned Defined.--In this section, the
term ``Secretaries concerned'' means the following:
(1) The Secretary of Defense, with respect to members of
the Army, the Navy, the Marine Corps, and the Air Force.
(2) The Secretary of Homeland Security, with respect to
members of the Coast Guard.
(3) The Secretary of Health and Human Services, with
respect to commissioned officers of the Public Health
Service.
(4) The Secretary of Commerce, with respect to commissioned
officers of the National Oceanic and Atmospheric
Administration.
______
SA 1142. Mrs. BOXER (for herself, Mrs. Feinstein, and Mr. Nelson of
Florida) submitted an amendment intended to be proposed by her to the
bill S. 1867, to authorize appropriations for fiscal year 2012 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. DESIGNATION OF DISTINGUISHED FLYING CROSS NATIONAL
MEMORIAL IN RIVERSIDE, CALIFORNIA.
(a) Designation.--The memorial to members of the Armed
Forces who have been awarded the Distinguished Flying Cross
at March Field Air Museum in Riverside, California, is
designated as the ``Distinguished Flying Cross National
Memorial''.
(b) Effect of Designation.--The national memorial
designated by this section is not a unit of the National Park
System, and the designation of the national memorial shall
not be construed to require or permit Federal funds to be
expended for any purpose related to the national memorial.
______
SA 1143. Mrs. HAGAN (for herself and Mr. Portman) submitted an
amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1080. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH AND
DEVELOPMENT RELATING TO IMPROVED COMBAT
CASUALTY CARE.
(a) Study Required.--The Comptroller General of the United
States shall conduct a review of Department of Defense
programs and organizations related to, and resourcing of,
medical research and development in support of improved
combat casualty care designed to save lives on the
battlefield.
(b) Report.--Not later than January 1, 2013, the
Comptroller General shall submit to the congressional defense
committees a report on the review conducted under subsection
(a), including the following elements:
(1) A description of current medical combat casualty care
research and development programs throughout the Department
of Defense, including basic and applied medical research,
technology development, and clinical research.
(2) An identification of organizational elements within the
Department that have responsibility for planning and
oversight of combat casualty care research and development.
(3) A description of the means by which the Department
applies combat casualty care research findings, including
development of new medical devices, to improve battlefield
care.
(4) An assessment of the adequacy of the coordination by
the Department of planning for combat casualty care medical
research and development and whether or not the Department
has a coordinated combat casualty care research and
development strategy.
(5) An assessment of the adequacy of resources provided for
combat casualty care research and development across the
Department.
(6) An assessment of the programmatic, organizational, and
resource challenges and gaps faced by the Department in
optimizing investments in combat casualty care medical
research and development in order to save lives on the
battlefield.
(7) The extent to which the Department utilizes expertise
from experts and entities outside the Department with
expertise in combat casualty care medical research and
development.
(8) An assessment of the challenges faced in rapidly
applying research findings and technology developments to
improved battlefield care.
(9) Recommendations regarding--
(A) the need for a coordinated combat casualty care medical
research and development strategy;
(B) organizational obstacles or realignments to improve
effectiveness of combat casualty care medical research and
development; and
(C) adequacy of resource support.
______
SA 1144. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of section 4001, add the following:
(d) Reduction of Authorizations of Appropriations Exceeding
Level Requested in President's Budget and Partial Restoration
of Operation and Maintenance Accounts.--Notwithstanding the
amounts specified in the funding tables in titles XLI through
XLVI, the amounts specified in the funding tables for
sections 4101, 4102, 4201, 4202, 4301, 4302, 4401, 4402,
4501, and 4601 for purposes of sections 101, 201, 301, 1401,
1402, 1403, 1404, 1405, 1406, 1431, 1506, 1507, 1508, 1509,
2003, 3101, 3102, and 3103, are as follows:
______
SA 1145. Mr. TESTER (for himself, Mrs. Hutchison, and Mr. Conrad)
submitted an amendment intended to be proposed by him to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY
STRUCTURE OF THE UNITED STATES.
(a) In General.--
(1) Establishment.--There is established the Commission on
the Review of the Overseas Military Facility Structure of the
United States (in this section referred to as the
``Commission'').
(2) Composition.--
(A) In general.--The Commission shall be composed of eight
members of whom--
(i) two shall be appointed by the Majority Leader of the
Senate;
(ii) two shall be appointed by the Minority Leader of the
Senate;
(iii) two shall be appointed by the Speaker of the House of
Representatives; and
(iv) two shall be appointed by the Minority Leader of the
House of Representatives.
(B) Qualifications.--Individuals appointed to the
Commission shall have significant experience in the national
security or foreign policy of the United States.
(C) Deadline for appointment.--Appointments of the members
of the Commission shall be made not later than 45 days after
the date of the enactment of this Act.
(D) Chairman and vice chairman.--The Commission shall
select a Chairman and Vice Chairman from among it members.
(3) Tenure; vacancies.--Members shall be appointed for the
life of the Commission. Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(4) Meetings.--
(A) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(B) Calling of the chairman.--The Commission shall meet at
the call of the Chairman.
(C) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(b) Duties.--
(1) Study of overseas military facility structure.--
(A) In general.--The Commission shall conduct a thorough
study of matters relating to the military facility structure
of the United States overseas.
(B) Scope.--In conducting the study, the Commission shall--
(i) assess the number of forces required to be forward
based outside the United States;
(ii) examine the current state of the military facilities
and training ranges of the United States overseas for all
permanent stations and deployed locations, including the
condition of land and improvements at
[[Page S7750]]
such facilities and ranges and the availability of additional
land, if required, for such facilities and ranges;
(iii) identify the amounts received by the United States,
whether in direct payments, in-kind contributions, or
otherwise, from foreign countries by reason of military
facilities of the United States overseas;
(iv) assess the feasibility and advisability of the closure
or realignment of military facilities of the United States
overseas, or of the establishment of new military facilities
of the United States overseas;
(v) consider the findings of the February 2011 Government
Accountability Office report, ``Additional Cost Information
and Stakeholder Input Necessary to Assess Military Posture in
Europe'', GAO-11-131; and
(vi) consider or assess any other issue relating to
military facilities of the United States overseas that the
Commission considers appropriate.
(2) Report.--
(A) In general.--Not later than 60 days after holding its
final public hearing, the Commission shall submit to the
President and Congress a report which shall contain a
detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such
legislation and administrative actions as it considers
appropriate.
(B) Proposed overseas basing strategy.--In addition to the
matters specified in subparagraph (A), the report shall also
include a proposal by the Commission for an overseas basing
strategy for the Department of Defense in order to meet the
current and future mission of the Department, taking into
account heightened fiscal constraints.
(C) Focus on particular issues.--The report shall focus on
current and future geopolitical posturing, operational
requirements, mobility, quality of life, cost, and
synchronization with the combatant commands.
(c) Powers.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(2) Information sharing.--The Commission may secure
directly from any Federal department or agency such
information as the Commission considers necessary to carry
out this section. Upon request of the Chairman of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
(3) Administrative support.--Upon request of the
Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support necessary for the Commission to carry
out its duties under this section.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(d) Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission under this section. All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) Travel.--
(A) Expenses.--Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the Commission under this
section.
(B) Military aircraft.--Members and staff of the Commission
may receive transportation on military aircraft to and from
the United States, and overseas, for purposes of the
performance of the duties of the Commission to the extent
that such transportation will not interfere with the
requirements of military operations.
(3) Staffing.--
(A) Executive director.--The Chairman of the Commission
may, without regard to the civil service laws and
regulations, appoint and terminate an executive director and
such other additional personnel as may be necessary to enable
the Commission to perform its duties under this section. The
employment of an executive director shall be subject to
confirmation by the Commission.
(B) Staff.--The Commission may employ a staff to assist the
Commission in carrying out its duties. The total number of
the staff of the Commission, including an executive director
under subparagraph (A), may not exceed 12.
(C) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such title.
(4) Details.--Any employee of the Department of Defense,
the Department of State, or the Government Accountability
Office may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(5) Temporary and intermittent services.--The Chairman of
the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(e) Security.--
(1) Security clearances.--Members and staff of the
Commission, and any experts and consultants to the
Commission, shall possess security clearances appropriate for
their duties with the Commission under this section.
(2) Information security.--The Secretary of Defense shall
assume responsibility for the handling and disposition of any
information relating to the national security of the United
States that is received, considered, or used by the
Commission under this section.
(f) Termination.--The Commission shall terminate 45 days
after the date on which the Commission submits its report
under subsection (b).
______
SA 1146. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 114, strike line 2 and insert the following:
the study, and
(8) ensure the involvement and input of military
technicians (dual status), including through their exclusive
representatives in the case of military technicians (dual
status) who are members of a collective bargaining unit.
______
SA 1147. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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. 515. PROHIBITION ON REPAYMENT OF ENLISTMENT OR RELATED
BONUSES BY CERTAIN INDIVIDUALS EMPLOYED AS
MILITARY TECHNICIANS (DUAL STATUS) WHILE
ALREADY A MEMBER OF A RESERVE COMPONENT.
(a) Prohibition.--Section 10216 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(h) Prohibition on Repayment of Certain Enlistment and
Related Bonuses.--The Secretary concerned may not require an
individual who becomes employed as a military technician
(dual status) while the individual is already a member of a
reserve component to repay an enlistment, reenlistment, or
affiliation bonus provided to the individual in connection
with the individual's enlistment or reenlistment before such
employment if the individual becomes so employed in the same
occupational specialty for which such bonus was provided.''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to individuals first becoming
employed as a military technician (dual status) on or after
that date.
______
SA 1148. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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. 515. RIGHTS OF GRIEVANCE, ARBITRATION, APPEAL, AND
REVIEW BEYOND THE ADJUTANT GENERAL FOR MILITARY
TECHNICIANS.
(a) Rights in Adverse Actions Not Related to Military
Service.--Section 709 of title 32, United States Code, is
amended--
(1) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``Notwithstanding any other provision of law and under'' and
inserting ``Under''; and
[[Page S7751]]
(B) in paragraph (4), by striking ``a right of appeal'' and
inserting ``subject to subsection (j), a right of appeal'';
and
(2) by adding at the end the following new subsection:
``(j)(1) Notwithstanding subsection (f)(4) or any other
provision of law, a technician and a labor organization that
is the exclusive representative of a bargaining unit
including the technician shall have the rights of grievance,
arbitration, appeal, and review extending beyond the adjutant
general of the jurisdiction concerned and to the Merit
Systems Protection Board and thereafter to the United States
Court of Appeals for the Federal Circuit, in the same manner
as provided in sections 4303, 7121, and 7701-7703 of title 5,
with respect to a performance-based or adverse action
imposing removal, suspension for more than 14 days, furlough
for 30 days or less, or reduction in pay or pay band (or
comparable reduction).
``(2) The rights in paragraph (1) shall not apply to
actions relating to military service.
``(3) This subsection does not apply to a technician who is
serving under a temporary appointment or in a trial or
probationary period.''.
(b) Adverse Actions Covered.--Subsection (g) of such
section is amended by striking ``, 3502, 7511, and 7512'' and
inserting ``and 3502''.
(c) Conforming Amendment.--Section 7511(b) of title 5,
United States Code, is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
______
SA 1149. Mr. BEGICH (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:
At the end of subtitle C of title 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.
______
SA 1150. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. IMPROVEMENTS TO STAFF CONFERENCES DIRECTED BY
UNITED STATES COURT OF APPEALS FOR VETERANS
CLAIMS.
(a) In General.--Subchapter II of chapter 72 of title 38,
United States Code, is amended by inserting after section
7264 the following new section:
``Sec. 7264A. Staff conferences
``(a) Filing of Report Describing Basis for Opposition by
Secretary to Remand.--If the Court of Appeals for Veterans
Claims directs the representatives and self-represented
parties to participate in a staff conference pursuant to rule
33 of the Rules of Practice and Procedure of the Court of
Appeals for Veterans Claims, or any corresponding similar
rule, and an agreement to remand the matter has not been
reached before the end of such conference, the Secretary
shall, not later than seven days after the end of such
conference, submit to the Court and the appellant a written
report describing the basis upon which the Secretary remains
opposed to remand.
``(b) Subsequent Determination by Secretary of Need for
Remand.--If the Secretary submits a written report as
described in subsection (a) in a matter, the Secretary may
not seek a remand of the matter without the agreement of the
appellant.
``(c) Effect of Subsequent Determination of Need for
Remand.--Any period during which the Court is considering a
motion made or during which a matter is remanded in
accordance with subsection (b) shall not be counted against
an appellant for purposes of any time limitation under this
chapter or the Rules of Practice and Procedure of the Court
of Appeals for Veterans Claims.
``(d) Prohibition on Objection or Opposition to Subsequent
Filings for Fees and Other Expenses.--If the Secretary seeks
a remand after the end of the seven-day period described in
subsection (a), the Secretary may not oppose any subsequent
filing by the
[[Page S7752]]
appellant for fees and other expenses under section 2412 of
title 28.
``(e) Sanctions.--If the Secretary fails to comply with
this section, the Court may impose on the Secretary such
sanctions, including monetary sanctions, as the Court
considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 72 of such title is amended by inserting
after the item relating to section 7264 the following new
item:
``7264A. Staff conferences.''.
______
SA 1151. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 634. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES
WHO DIE DURING AN AUTHORIZED STAY AT THEIR
RESIDENCE DURING OR BETWEEN SUCCESSIVE DAYS OF
INACTIVE DUTY TRAINING.
(a) Death Gratuity.--
(1) Payment authorized.--Section 1475(a)(3) of title 10,
United States Code, is amended by inserting before the
semicolon the following: ``or while staying at the Reserve's
residence, when so authorized by proper authority, during the
period of such inactive duty training or between successive
days of inactive duty training''.
(2) Treatment as death during inactive duty training.--
Section 1478(a) of such title is amended--
(A) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A person covered by subsection (a)(3) of section 1475
of this title who died while on authorized stay at the
person's residence during a period of inactive duty training
or between successive days of inactive duty training is
considered to have been on inactive duty training on the date
of his death.''.
(b) Recovery, Care, and Disposition of Remains and Related
Benefits.--Section 1481(a)(2) of such title is amended--
(1) by redesignating subparagraph (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) staying at the member's residence, when so authorized
by proper authority, during a period of inactive duty
training or between successive days of inactive duty
training;''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2010, and shall apply with
respect to deaths that occur on or after that date.
______
SA 1152. Mr. PRYOR (for himself, Mr. Boozman, Mr. Crapo, Mr.
Grassley, Mr. Johnson of South Dakota, Ms. Klobuchar, Mr. Leahy, Mr.
Sessions, Mrs. Shaheen, Ms. Snowe, Mr. Tester, Mr. Thune, and Mr.
Wyden) submitted an amendment intended to be proposed by him to the
bill S. 1867, to authorize appropriations for fiscal year 2012 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN
MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED
FORCES AS VETERANS.
(a) In General.--Chapter 1 of title 38, United States Code,
is amended by inserting after section 107 the following new
section:
``Sec. 107A. Honoring as veterans certain persons who
performed service in the reserve components
``Any person who is entitled under chapter 1223 of title 10
to retired pay for nonregular service or, but for age, would
be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be
entitled to any benefit by reason of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 107 the following new item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
______
SA 1153. Mr. UDALL of New Mexico (for himself, Mr. Heller, Mr.
Bingaman, Mrs. Gillibrand, and Mrs. Feinstein) submitted an amendment
intended to be proposed by him to the bill S. 1867, to authorize
appropriations for fiscal year 2012 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. INCLUSION OF ULTRALIGHT VEHICLES IN DEFINITION OF
AIRCRAFT FOR CERTAIN AVIATION SMUGGLING
PROVISIONS.
(a) Amendments to the Aviation Smuggling Provisions of the
Tariff Act of 1930.--
(1) In general.--Section 590 of the Tariff Act of 1930 (19
U.S.C. 1590) is amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following:
``(g) Definition of Aircraft.--As used in this section, the
term `aircraft' includes an ultralight vehicle, as defined by
the Administrator of the Federal Aviation Administration.''.
(2) Criminal penalties.--Subsection (d) of section 590 of
the Tariff Act of 1930 (19 U.S.C. 1590(d)) is amended in the
matter preceding paragraph (1) by inserting ``, or attempts
or conspires to commit,'' after ``commits''.
(3) Effective date.--The amendments made by this subsection
apply with respect to violations of any provision of section
590 of the Tariff Act of 1930 on or after the 30th day after
the date of the enactment of this Act.
(b) Interagency Collaboration.--The Assistant Secretary of
Defense for Research and Engineering shall, in consultation
with the Under Secretary for Science and Technology of the
Department of Homeland Security, identify equipment and
technology used by the Department of Defense that could also
be used by U.S. Customs and Border Protection to detect and
track the illicit use of ultralight aircraft near the
international border between the United States and Mexico.
______
SA 1154. Mr. UDALL of New Mexico (for himself, Mr. Corker, Mrs.
McCaskill, Mr. Bingaman, and Mr. Alexander, Mr. Nelson of Florida, and
Mr. Udall of Colorado) submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(1) establish and maintain an open burn pit registry for
eligible individuals who may have been exposed to toxic
chemicals and fumes caused by open burn pits;
(2) include any information in such registry that the
Secretary of Veterans Affairs determines necessary to
ascertain and monitor the health effects of the exposure of
members of the Armed Forces to toxic chemicals and fumes
caused by open burn pits;
(3) develop a public information campaign to inform
eligible individuals about the open burn pit registry,
including how to register and the benefits of registering;
and
(4) periodically notify eligible individuals of significant
developments in the study and treatment of conditions
associated with exposure to toxic chemicals and fumes caused
by open burn pits.
(b) Report to Congress.--
(1) Report by independent scientific organization.--The
Secretary of Veterans Affairs shall enter into an agreement
with an independent scientific organization to develop a
report containing the following:
(A) An assessment of the effectiveness of actions taken by
the Secretary to collect and maintain information on the
health effects of exposure to toxic chemicals and fumes
caused by open burn pits.
(B) Recommendations to improve the collection and
maintenance of such information.
(C) Using established and previously published
epidemiological studies, recommendations regarding the most
effective and prudent means of addressing the medical needs
of eligible individuals with respect to conditions that are
likely to result from exposure to open burn pits.
(2) Submittal to congress.--Not later than 540 days after
the date on which the registry required by subsection (a) is
established, the Secretary of Veterans Affairs shall submit
to Congress the report developed under paragraph (1).
(c) Definitions.--In this section:
(1) Eligible individual.--The term ``eligible individual''
means any individual who, on or after September 11, 2001--
(A) was deployed in support of a contingency operation
while serving in the Armed Forces; and
(B) during such deployment, was based or stationed at a
location where an open burn pit was used.
[[Page S7753]]
(2) Open burn pit.--The term ``open burn pit'' means an
area of land located in Afghanistan or Iraq that--
(A) is designated by the Secretary of Defense to be used
for disposing solid waste by burning in the outdoor air; and
(B) does not contain a commercially manufactured
incinerator or other equipment specifically designed and
manufactured for the burning of solid waste.
______
SA 1155. Ms. COLLINS submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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.
______
SA 1156. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 331(a), strike paragraph (2) and insert the
following:
(2) Consultation.--The Secretary of the Air Force shall, in
conducting the study required under paragraph (1)--
(A) consult with the Secretaries of the other military
departments to determine opportunities for joint use and
training of the ranges, and to assess the requirements needed
to support combined arms training on the ranges;
(B) consult with the Department of the Interior, the
Department of Agriculture, the Federal Aviation
Administration, the Federal Energy Regulation Commission, and
the Department of Energy to assess the need for transfers of
administrative control of certain parcels of airspace and
land to the Department of Defense to protect the missions and
control of the ranges;
(C) consult with Governors, State legislators, and locally
elected officials;
(D) consult with the RAND Corporation concerning the RAND
Project Air Force report entitled, ``Preserving Range and
Airspace Access for the Air Force Mission: Striving for a
Strategic Vantage Point''; and
(E) consult with United State allies currently training at
United States test and training ranges on a regular basis, at
least annually, to solicit their input and assessment of
their experiences at those test and training ranges.
______
SA 1157. Mr. RISCH submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 331(b)(2), strike subparagraphs (K) and (L) and
insert the following:
(K) identify parcels with no value to future military
operations;
(L) propose a list of prioritized projects, easements,
acquisitions, or other actions, including estimated costs
required to upgrade the test and training range
infrastructure, taking into consideration the criteria set
forth in this paragraph; and
(M) explore opportunities to increase foreign military
training with United States allies at test and training
ranges in the continental United States, and articulate the
prospects for realizing those opportunities.
______
SA 1158. Ms. COLLINS (for herself, Mr. Begich, and Mr. Manchin)
submitted an amendment intended to be proposed by her to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
On page 367, strike line 11 and all that follows though
``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
______
SA 1159. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SECTION 1088. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY
PROVISIONS OF TITLE 18.
Chapter 44 of title 18, United States Code, is amended--
(1) in section 926B--
(A) in subsection (c)(1), by inserting ``or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)'' after
``arrest''; and
(B) in subsection (f), by inserting ``or apprehension under
section 807(b) of title 10, United States Code (article 7(b)
of the Uniform Code of Military Justice)'' after ``arrest'';
and
(2) in section 926C(c)(2), by inserting ``or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)'' after
``arrest''.
______
SA 1160. Mr. WYDEN (for himself and Mr. Merkley) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XXVII, add the following:
SEC. 2705. CLOSURE OF UMATILLA CHEMICAL DEPOT, OREGON.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of the Army shall close Umatilla Chemical
Depot, Oregon, not later than one year after the completion
of the chemical demilitarization mission in accordance with
the Chemical Weapons Convention Treaty.
(b) BRAC Procedures and Authorities.--The closure of the
Umatilla Chemical Depot, Oregon, and subsequent management
and property disposal shall be carried out in accordance with
procedures and authorities contained in the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
(c) Compliance With Environmental Laws.--Nothing in this
section shall be construed to affect or limit the application
of, or any obligation to comply with, any environmental law,
including the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(d) Retention of Property and Facilities.--The Secretary of
the Army may retain minimum essential ranges, facilities, and
training areas at Umatilla Chemical Depot totaling
approximately 7,500 acres as a training enclave for the
reserve components of the Armed Forces to permit the conduct
of individual and annual training.
______
SA 1161. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 III, add the following:
SEC. 316. CORE CURRICULUM AND CERTIFICATION STANDARDS FOR
DEPARTMENT OF DEFENSE ENERGY MANAGERS.
(a) Training Program and Issuance of Guidance.--
[[Page S7754]]
(1) In general.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by inserting after section
2915 the following new section:
``Sec. 2915a. Facilities: Department of Defense energy
managers
``(a) Training Program Required.--The Secretary of Defense
shall establish a training program for Department of Defense
energy managers designated for military installations--
``(1) to improve the knowledge, skills, and abilities of
energy managers; and
``(2) to improve consistency among energy managers
throughout the Department in the performance of their
responsibilities.
``(b) Curriculum and Certification.--(1) The Secretary of
Defense shall identify core curriculum and certification
standards required for energy managers. At a minimum, the
curriculum shall include the following:
``(A) Details of the energy laws that the Department of
Defense is obligated to comply with and the mandates that the
Department of Defense is obligated to implement.
``(B) Details of energy contracting options for third-party
financing of facility energy projects.
``(C) Details of the interaction of Federal laws with State
and local renewable portfolio standards.
``(D) Details of current renewable energy technology
options, and lessons learned from exemplary installations.
``(E) Details of strategies to improve individual
installation acceptance of its responsibility for reducing
energy consumption.
``(F) Details of how to conduct an energy audit and the
responsibilities for commissioning, recommissioning, and
continuous commissioning of facilities.
``(2) The curriculum and certification standards shall
leverage the best practices of each of the military
departments.
``(3) The certification standards shall identify
professional qualifications required to be designated as an
energy manager.
``(c) Information Sharing.--The Secretary of Defense shall
ensure that there are opportunities and forums for energy
managers to exchange ideas and lessons-learned within each
military department, as well as across the Department of
Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2915 the following new item:
``2915a. Facilities: Department of Defense energy managers.''.
(b) Issuance of Guidance.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall issue guidance for the implementation of the
core curriculum and certification standards for energy
managers required by section 2915a of title 10, United States
Code, as added by subsection (a).
(c) Briefing Requirement.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense, or designated representatives of the Secretary,
shall brief the Committees on Armed Services of the Senate
and House of Representatives regarding the details of the
energy manager core curriculum and certification
requirements.
______
SA 1162. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 III, add the following:
SEC. 316. CONSIDERATION OF ENERGY SECURITY AND RELIABILITY IN
DEVELOPMENT AND IMPLEMENTATION OF ENERGY
PERFORMANCE GOALS.
Section 2911(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(12) Opportunities to enhance energy security and
reliability of defense facilities and missions, including
through the ability to operate for extended periods off-
grid.''.
______
SA 1163. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 III, add the following:
SEC. 316. IDENTIFICATION OF ENERGY-EFFICIENT PRODUCTS FOR USE
IN CONSTRUCTION, REPAIR, OR RENOVATION OF
DEPARTMENT OF DEFENSE FACILITIES.
(a) Responsibility of Secretary of Defense.--Section
2915(e) of title 10, United States Code, is amended by
striking paragraph (2) and inserting the following new
paragraph:
``(2)(A) The Secretary of Defense shall prescribe a
definition of the term `energy-efficient product' for
purposes of this subsection and establish and maintain a list
of products satisfying the definition. The definition and
list shall be developed in consultation with the Secretary of
Energy to ensure, to the maximum extent practicable,
consistency with definitions of the term used by other
Federal agencies.
``(B) The Secretary shall modify the definition and list of
energy-efficient products as necessary to account for
emerging or changing technologies.
``(C) The list of energy-efficient products shall be
included as part of the energy performance master plan
developed pursuant to section 2911(b)(2) of this title.''.
(b) Conforming Amendment to Energy Performance Master
Plan.--Section 2911(b)(2) of such title is amended by adding
at the end the following new subparagraph:
``(F) The up-to date list of energy-efficient products
maintained under section 2915(e)(2) of this title.''.
______
SA 1164. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. ACQUISITION AND PROCUREMENT EXCHANGES BETWEEN THE
UNITED STATES AND INDIA.
The Secretary of Defense should seek to establish exchanges
between acquisition and procurement officials of the
Department of Defense and defense officials of the Government
of India to increase mutual understanding regarding best
practices in defense acquisition.
______
SA 1165. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IX, add the following:
SEC. 907. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION
IN DEPARTMENT OF DEFENSE ACTIVITIES.
It is the sense of Congress to encourage the Department of
Defense to continue the use and enhancement of modeling and
simulation (M&S) across the spectrum of defense activities,
including acquisition, analysis, experimentation,
intelligence, planning, medical, test and evaluation, and
training.
______
SA 1166. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IX, add the following:
SEC. 907. SENSE OF CONGRESS ON TIES BETWEEN JOINT WARFIGHTING
AND COALITION CENTER AND ALLIED COMMAND
TRANSFORMATION OF NATO.
It is the sense of Congress that the successor organization
to the United States Joint Forces Command (USJFCOM), the
Joint Warfighting and Coalition Center, should establish
close ties with the Allied Command Transformation (ACT)
command of the North Atlantic Treaty Organization (NATO).
______
SA 1167. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IX, add the following:
SEC. 907. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF
PERSONNEL AT THE JOINT WARFARE ANALYSIS CENTER
ON PERSONNEL SKILLS.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a description and assessment of the
effects of planned reductions of personnel at the Joint
Warfare Analysis Center (JWAC) on the personnel skills to be
available at the Center after the reductions.
______
SA 1168. Mr. WARNER submitted an amendment intended to be proposed by
[[Page S7755]]
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title V, add the following:
SEC. 574. INDEPENDENT ASSESSMENT OF OPTIONS FOR IMPROVING
EDUCATION PROVIDED TO STUDENTS ATTENDING
DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT
ELEMENTARY AND SECONDARY SCHOOLS.
(a) Assessment Required.--The Secretary of Defense shall
award a contract, grant, or cooperative agreement to an
independent entity to conduct, in consultation with the
organizations specified in subsection (c), an assessment of
the following options for improving the quality of education
provided to students attending domestic dependent elementary
and secondary schools:
(1) Improving the quality of the educational programs
provided by, and remediating the condition of the facilities
of, domestic dependent elementary and secondary schools.
(2) Transferring the administration of all of the domestic
dependent elementary and secondary schools in some or all
communities in the United States from the Department of
Defense Education Activity to the local educational agencies
in those communities.
(3) Closing all of the domestic dependent elementary and
secondary schools in some or all communities in the United
States and transferring students attending those schools to
public elementary and secondary schools in those communities.
(b) Elements.--The assessment required by subsection (a)
shall include an assessment of the following:
(1) The cost to the Department of Defense Education
Activity, the Department of Education, States, and local
educational agencies of each of the options described in
subsection (a).
(2) The condition of facilities of the domestic dependent
elementary and secondary schools and, if the condition of
those facilities is inadequate, the cost of remediating those
facilities.
(3) The capacity of local educational agencies--
(A) to administer the domestic dependent elementary and
secondary schools; and
(B) to absorb into public elementary and secondary schools
the number of students attending domestic dependent
elementary and secondary schools.
(4) The quality of educational programs administered by
local educational agencies, as measured by student
achievement, graduation rates, the leadership of those
agencies, the staffing of those programs, and the
availability of infrastructure for the use of technology in
classrooms.
(5) The availability in communities near domestic dependent
elementary and secondary schools of resources to support a
highly mobile population that includes members of the Armed
Forces who may be deployed.
(6) The available options for, and problems relating to,
transporting students who reside on military installations to
public elementary and secondary schools.
(7) The impact of the drawdown of operations in Iraq and
Afghanistan on the population of students to be served.
(c) Organizations Specified.--The organizations specified
in this subsection are military family associations, teachers
labor organizations, and superintendents of domestic
dependent elementary and secondary schools and public
elementary and secondary schools.
(d) Exclusion.--The assessment required by subsection (a)
is not required to address--
(1) the transfer of the administration of domestic
dependent elementary and secondary schools in Puerto Rico to
local educational agencies; or
(2) the transfer of students attending those schools to
public elementary and secondary schools in Puerto Rico.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the independent entity conducting the
assessment required by subsection (a) shall submit to the
Secretary of Defense and the congressional defense committees
the results of the assessment.
(f) Definitions.--In this section:
(1) Domestic dependent elementary and secondary schools.--
The term ``domestic dependent elementary and secondary
schools'' means elementary and secondary schools administered
pursuant to section 2164 of title 10, United States Code.
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given that term in section 8013(9)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(g) Funding.--Of the amount authorized to be appropriated
for fiscal year 2012 by section 301 and available for
operation and maintenance for Defense-wide activities for the
Department of Defense Education Activity as specified in the
funding table in section 4301, $1,000,000 shall be available
to carry out this section.
______
SA 1169. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XXVII, add the following:
SEC. 2705. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION
INFRASTRUCTURE IN CONSIDERATION AND SELECTION
OF MILITARY INSTALLATIONS FOR CLOSURE OR
REALIGNMENT.
(a) Modification of Selection Criteria.--Subsection (b)(1)
of section 2687 of title 10, United States Code, is amended--
(1) by striking ``notification an evaluation'' and
inserting ``notification--
``(A) an evaluation''; and
(2) by adding at the end the following new subparagraph:
``(B) the criteria used to consider and recommend military
installations for such closure or realignment, which shall
include at a minimum consideration of--
``(i) the ability of the infrastructure (including
transportation infrastructure) of both the existing and
receiving communities to support forces, missions, and
personnel as a result of such closure or realignment; and
``(ii) the costs associated with community transportation
infrastructure improvements as part of the evaluation of cost
savings or return on investment of such closure or
realignment; and''.
(b) Effect of Significant Impacts.--Such section is further
amended by adding at the end the following new subsection:
``(f) If the Secretary of Defense or the Secretary of the
military department concerned determines, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), that a significant transportation impact will occur at
a result of an action described in subsection (a), the action
may not be taken unless and until the Secretary of Defense or
the Secretary of the military department concerned--
``(1) analyzes the adequacy of transportation
infrastructure at and in the vicinity of each military
installation that would be impacted by the action;
``(2) concludes consultation with the Federal Highway
Administration with regard to such impact; and
``(3) includes in the notification required by subsection
(b)(1) a description of how the Secretary intends to
remediate the significant transportation impact.''.
(c) Transportation Infrastructure Defined.--Subsection (e)
of such section is amended by adding at the end the following
new paragraph:
``(5) The term `transportation infrastructure' includes
transit, pedestrian, and bicycle infrastructure.''.
(d) Relation to Commission Base Closure Process.--If the
development of recommendations for the closure and
realignment of military installations utilizes a Defense Base
Closure and Realignment Commission (as was the case under the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note),
rather than the authority of section 2687 of title 10, United
States Code, the amendments made by this section shall apply
to the resulting development of recommendations for the
closure and realignment of military installations by the
Secretary of Defense and the Commission.
SEC. 2706. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO
ADDRESS TRANSPORTATION INFRASTRUCTURE IN
VICINITY OF MILITARY INSTALLATIONS.
(a) Availability of Defense Access Roads Funds for BRAC-
related Transportation Improvements.--
(1) Availability of defense access roads funds.--Section
210(a)(2) of title 23, United States Code, is amended by
adding at the end the following new sentence: ``The Secretary
of Defense shall determine the magnitude of the required
improvements without regard to the extent to which traffic
generated by the reservation is greater than other traffic in
the vicinity of the reservation.''.
(2) Retroactive application.--The amendment made by
paragraph (1) shall apply with respect to the implementation
of the recommendations of the Defense Base Closure and
Realignment Commission contained in the report of the
Commission received by Congress on September 19, 2005, under
section 2903(e) of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note).
(b) Economic Adjustment Committee Consideration of
Additional Defense Access Roads Funding Sources.--
(1) Convening of committee.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense, as the chairperson of the Economic Adjustment
Committee established in Executive Order 127887 (10 U.S.C.
2391 note), shall convene the Economic Adjustment Committee
to consider additional sources of funding for the defense
access roads program under section 210 of title 23, United
States Code.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report describing the results of the Economic
Adjustment Committee deliberations and containing an
implementation plan
[[Page S7756]]
to expand funding sources for the mitigation of significant
transportation impacts to access to military reservations
pursuant to subsection (b) of section 210 of title 23, United
States Code, as amended by subsection (a).
(c) Separate Budget Request for Program.--Amounts requested
for a fiscal year for the defense access roads program under
section 210 of title 23, United States Code, shall be set
forth as a separate budget request in the budget transmitted
by the President to Congress for that fiscal year under
section 1105 of title 31, United States Code.
______
SA 1170. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VII, add the following:
SEC. 723. UNIFIED MEDICAL COMMAND.
(a) Unified Combatant Command.--
(1) In general.--Chapter 6 of title 10, United States Code,
is amended by inserting after section 167a the following new
section:
``Sec. 167b. Unified combatant command for medical operations
``(a) Establishment.--With the advice and assistance of the
Chairman of the Joint Chiefs of Staff, the President, through
the Secretary of Defense, shall establish under section 161
of this title a unified command for medical operations (in
this section referred to as the `unified medical command').
The principal function of the command is to provide medical
services to the armed forces and other health care
beneficiaries of the Department of Defense as defined in
chapter 55 of this title.
``(b) Assignment of Forces.--In establishing the unified
medical command under subsection (a), all active military
medical treatment facilities, training organizations, and
research entities of the armed forces shall be assigned to
such unified command, unless otherwise directed by the
Secretary of Defense.
``(e) Grade of Commander.--The commander of the unified
medical command shall hold the grade of general or, in the
case of an officer of the Navy, admiral while serving in that
position, without vacating the officer's permanent grade. The
commander of such command shall be appointed to that grade by
the President, by and with the advice and consent of the
Senate, for service in that position. The commander of such
command shall be a member of a health profession described in
paragraph (1), (2), (3), (4), (5), or (6) of section 335(j)
of title 37. During the five-year period beginning on the
date on which the Secretary establishes the command under
subsection (a), the commander of such command shall be exempt
from the requirements of section 164(a)(1) of this title.
``(d) Subordinate Commands.--(1) The unified medical
command shall have the following subordinate commands:
``(A) A command that includes all fixed military medical
treatment facilities, including elements of the Department of
Defense that are combined, operated jointly, or otherwise
operated in such a manner that a medical facility of the
Department of Defense is operating in or with a medical
facility of another department or agency of the United
States.
``(B) A command that includes all medical training,
education, and research and development activities that have
previously been unified or combined, including organizations
that have been designated as a Department of Defense
executive agent.
``(C) the Defense Health Agency established under
subsection (f).
``(2) The commander of a subordinate command of the unified
medical command shall hold the grade of lieutenant general
or, in the case of an officer of the Navy, vice admiral while
serving in that position, without vacating the officer's
permanent grade. The commander of such a subordinate command
shall be appointed to that grade by the President, by and
with the advice and consent of the Senate, for service in
that position. The commander of such a subordinate command
shall also be required to be a surgeon general of one of the
military departments.
``(e) Authority of Combatant Commander.--(1) In addition to
the authority prescribed in section 164(c) of this title, the
commander of the unified medical command shall be responsible
for, and shall have the authority to conduct, all affairs of
such command relating to medical operations activities.
``(2) The commander of such command shall be responsible
for, and shall have the authority to conduct, the following
functions relating to medical operations activities (whether
or not relating to the unified medical command):
``(A) Developing programs and doctrine.
``(B) Preparing and submitting to the Secretary of Defense
program recommendations and budget proposals for the forces
described in subsection (b) and for other forces assigned to
the unified medical command.
``(C) Exercising authority, direction, and control over the
expenditure of funds--
``(i) for forces assigned to the unified medical command;
``(ii) for the forces described in subsection (b) assigned
to unified combatant commands other than the unified medical
command to the extent directed by the Secretary of Defense;
and
``(iii) for military construction funds of the Defense
Health Program.
``(D) Training assigned forces.
``(E) Conducting specialized courses of instruction for
commissioned and noncommissioned officers.
``(F) Validating requirements.
``(G) Establishing priorities for requirements.
``(H) Ensuring the interoperability of equipment and
forces.
``(I) Monitoring the promotions, assignments, retention,
training, and professional military education of medical
officers described in paragraph (1), (2), (3), (4), (5), or
(6) of section 335(j) of title 37.
``(3) The commander of such command shall be responsible
for the Defense Health Program, including the Defense Health
Program Account established under section 1100 of this title.
``(f) Defense Health Agency.--(1) In establishing the
unified medical command under subsection (a), the Secretary
shall also establish under section 191 of this title a
defense agency for health care (in this section referred to
as the `Defense Health Agency'), and shall transfer to such
agency the organization of the Department of Defense referred
to as the TRICARE Management Activity and all functions of
the TRICARE program (as defined in section 1072(7) of this
title).
``(2) The director of the Defense Health Agency shall hold
the rank of lieutenant general or, in the case of an officer
of the Navy, vice admiral while serving in that position,
without vacating the officer's permanent grade. The director
of such agency shall be appointed to that grade by the
President, by and with the advice and consent of the Senate,
for service in that position. The director of such agency
shall be a member of a health profession described in
paragraph (1), (2), (3), (4), (5), or (6) of section 335(j)
of title 37.
``(g) Regulations.--In establishing the unified medical
command under subsection (a), the Secretary of Defense shall
prescribe regulations for the activities of the unified
medical command.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 167a the following new item:
``167b. Unified combatant command for medical operations.''.
(b) Plan, Notification, and Report.--
(1) Plan.--Not later than July 1, 2012, the Secretary of
Defense shall submit to the congressional defense committees
a comprehensive plan to establish the unified medical command
authorized under section 167b of title 10, United States
Code, as added by subsection (a), including any legislative
actions the Secretary considers necessary to implement the
plan.
(2) Notification.--The Secretary shall submit to the
congressional defense committees written notification of the
decision of the Secretary to establish the unified medical
command under such section 167b by not later than the date
that is 30 days before establishing such command.
(3) Report.--Not later than 180 days after submitting the
notification under paragraph (2), the Secretary shall submit
to the congressional defense committees a report on--
(A) the establishment of the unified medical command; and
(B) the establishment of the Defense Health Agency under
subsection (f) of such section 167b.
______
SA 1171. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1230. PROHIBITION ON ASSISTANCE FOR PAKISTAN SECURITY
FORCES WITH CONNECTIONS TO TERRORIST
ORGANIZATIONS
None of the amounts authorized to be appropriated by this
or any other Act may be made available to any unit of the
security forces of Pakistan if the Secretary of Defense
determines that the United States Government has credible
evidence that the unit maintains connections with an
organization known to conduct terrorist activities against
the United States or United States allies.
______
SA 1172. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
[[Page S7757]]
SEC. 1230. REPORT ON ENDING COALITION SUPPORT FUND
REIMBURSEMENTS TO THE GOVERNMENT OF PAKISTAN
FOR OPERATIONS CONDUCTED IN SUPPORT OF
OPERATION ENDURING FREEDOM.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Special
Representative for Afghanistan and Pakistan, shall submit a
report 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
a report outlining a plan to end reimbursements from the
Coalition Support Fund to the Government of Pakistan for
operations conducted in support of Operation Enduring
Freedom.
(b) Elements.--The report required under subsection (a)
shall include the following elements:
(1) A characterization of the types of reimbursements
requested by the Government of Pakistan.
(2) An assessment of the total amount reimbursed to the
Government of Pakistan, by fiscal year, since the beginning
of Operation Enduring Freedom.
(3) The percentage and types of reimbursement requests made
by the Government of Pakistan for which the United States
Government has denied payment.
(4) An assessment of whether the operations conducted by
the Government of Pakistan in support of Operation Enduring
Freedom and reimbursed from the Coalition Support Fund have
materially impacted the ability of terrorist organizations to
threaten the stability of Afghanistan and Pakistan and to
impede the operations of the United States in Afghanistan.
(5) Recommendations for, and a timeline to implement, a
plan to end reimbursements from the Coalition Support Fund to
the Government of Pakistan.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
______
SA 1173. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1243. SENSE OF SENATE ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
(a) Findings.--The Senate makes the following findings:
(1) The North Atlantic Treaty Organization (NATO)
historically set a target commitment for member states to
spend two percent of their gross domestic product on their
defense expenditures.
(2) In 2010, the North Atlantic Treaty Organization
identified only 5 member states meeting this target for
defense expenditures, including the United States, Albania,
France, Greece, and the United Kingdom, leaving 23 member
states short of meeting the target.
(3) Secretary of Defense Robert Gates made the following
statement on the North Atlantic Treaty Organization on
October 14, 2010, in a conversation with reporters: ``[m]y
worry is that the more our allies cut their capabilities, the
more people will look to the United States to cover whatever
gaps are created. . . And at a time when we're facing
stringencies of our own, that's a concern for me''.
(4) Secretary of State Hillary Clinton, in an interview
with the BBC on October 15, 2010, stated that ``NATO has been
the most successful alliance for defensive purposes in the
history of the world, I guess, but it has to be maintained.
Now each country has to be able to make its appropriate
contributions''.
(5) On March 30, 2011, Admiral James G. Stavridis stated in
a hearing before the Committee on Armed Services of the House
of Representatives that ``[w]e need to be emphatic with our
European allies that they should spend at least the minimum
NATO 2 percent''.
(6) In a speech delivered in Brussels on June 10, 2011,
Secretary of Defense Gates further stated that ``[i]n the
past, I've worried openly about NATO turning into a two-
tiered alliance: Between members who specialize in `soft'
humanitarian, development, peacekeeping, and talking tasks,
and those conducting the `hard' combat missions. Between
those willing and able to pay the price and bear the burdens
of alliance commitments, and those who enjoy the benefits of
NATO membership - be they security guarantees or headquarters
billets - but don't want to share the risks and the costs.
This is no longer a hypothetical worry. We are there today.
And it is unacceptable''.
(7) In that same speech on June 10, 2011, Secretary of
Defense Gates added that ``I am the latest in a string of
U.S. defense secretaries who have urged allies privately and
publicly, often with exasperation, to meet agreed-upon NATO
benchmarks for defense spending. However, fiscal, political
and demographic realities make this unlikely to happen
anytime soon, as even military stalwarts like the U.K have
been forced to ratchet back with major cuts to force
structure. Today, just five of 28 allies - the U.S., U.K.,
France, Greece, along with Albania - exceed the agreed 2% of
GDP spending on defense''.
(8) Secretary of Defense Gates also stated that ``[t]he
blunt reality is that there will be dwindling appetite and
patience in the U.S. Congress - and in the American body
politic writ large - to expend increasingly precious funds on
behalf of nations that are apparently unwilling to devote the
necessary resources or make the necessary changes to be
serious and capable partners in their own defense. Nations
apparently willing and eager for American taxpayers to assume
the growing security burden left by reductions in European
defense budgets''.
(b) Sense of Senate.--It is the sense of the Senate--
(1) to commend the North Atlantic Treaty Organization for
historically providing an extension to the United States
security capabilities; and
(2) to call upon the President--
(A) to engage each of the member states of the North
Atlantic Treaty Organization in a dialogue about the long-
term health of the North Atlantic Alliance and strongly
encourage each of the member states to make a serious effort
to protect defense budgets from further reductions, better
allocate and coordinate the resources presently available,
and recommit to spending at least two percent of gross
domestic product on defense; and
(B) to examine and report to Congress on recommendations
that will lead to a stronger North Atlantic Alliance in terms
of military capability and readiness across the 28 member
states, with particular focus on the smaller member states.
______
SA 1174. Mr. MERKLEY (for himself, Mr. Lee, Mr. Udall of New Mexico,
Mr. Paul, and Mr. Brown of Ohio) proposed an amendment to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1230. SENSE OF CONGRESS ON TRANSITION OF MILITARY AND
SECURITY OPERATIONS IN AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) After al Qaeda attacked the United States on September
11, 2001, the United States Government rightly sought to
bring to justice those who attacked us, to eliminate al
Qaeda's safe havens and training camps in Afghanistan, and to
remove the terrorist-allied Taliban government.
(2) Members of the Armed Forces, intelligence personnel,
and diplomatic corps have skillfully achieved these
objectives, culminating in the death of Osama bin Laden.
(3) Operation Enduring Freedom is now the longest military
operation in United States history.
(4) United States national security experts, including
Secretary of Defense Leon E. Panetta, have noted that al
Qaeda's presence in Afghanistan has been greatly diminished.
(5) Over the past ten years, the mission of the United
States has evolved to include a prolonged nation-building
effort in Afghanistan, including the creation of a strong
central government, a national police force and army, and
effective civic institutions.
(6) Such nation-building efforts in Afghanistan are
undermined by corruption, high illiteracy, and a historic
aversion to a strong central government in that country.
(7) Members of the Armed Forces have served in Afghanistan
valiantly and with honor, and many have sacrificed their
lives and health in service to their country.
(8) The United States is now spending nearly
$10,000,000,000 per month in Afghanistan at a time when, in
the United States, there is high unemployment, a flood of
foreclosures, a record deficit, and a debt that is over
$15,000,000,000,000 and growing.
(9) The continued concentration of United States and NATO
military forces in one region, when terrorist forces are
located in many parts of the world, is not an efficient use
of resources.
(10) The battle against terrorism is best served by using
United States troops and resources in a counterterrorism
strategy against terrorist forces wherever they may locate
and train.
(11) The United States Government will continue to support
the development of Afghanistan with a strong diplomatic and
counterterrorism presence in the region.
(12) President Barack Obama is to be commended for
announcing in July 2011 that the United States would commence
the redeployment of members of the United States Armed Forces
from Afghanistan in 2011 and transition security control to
the Government of Afghanistan.
(13) President Obama has established a goal of removing all
United States combat troops from Afghanistan by December
2014.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the President should expedite the transition of the
responsibility for military and security operations in
Afghanistan to the Government of Afghanistan;
(2) the President should devise a plan based on inputs from
military commanders, the
[[Page S7758]]
diplomatic missions in the region, and appropriate members of
the Cabinet, along with the consultation of Congress, for
expediting the drawdown of United States combat troops in
Afghanistan and accelerating the transfer of security
authority to Afghan authorities prior to December 2014; and
(3) not later than 90 days after the date of the enactment
of this Act, the President should submit to Congress a plan
with a timetable and completion date for the accelerated
transition of all military and security operations in
Afghanistan to the Government of Afghanistan.
______
SA 1175. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VII, add the following:
SEC. 714. WARFIGHTER TRANSLATIONAL RESEARCH CENTER.
(a) Establishment.--The Secretary of Defense shall
establish in the Defense Health Program a Warfighter
Translational Research Center (in this section referred to as
the ``Center'') to support the development of diagnostics and
therapeutics to address gaps in the treatment of injured
members of the Armed Forces.
(b) Primary Functions.--The primary functions of the Center
include the following:
(1) Developing a tool that can be used before and after a
deployment to assess the mental health of a member of the
Armed Forces.
(2) Using the tool developed under paragraph (1) to
establish a baseline mental health assessment of each member
of the Armed Forces before such member is deployed and
carrying out a mental health screening of each such member
after deployment--
(A) to decrease the incidence of undiagnosed post traumatic
stress disorder and traumatic brain injury; and
(B) to determine whether there are certain factors that
make a person more or less likely to experience post
traumatic stress.
(c) Public-private Partnerships.--In carrying out the
functions of the Center, the Center shall establish
partnerships between public and private entities.
(d) Competitive Contracts.--All contracts awarded by the
Center shall be awarded on a competitive basis.
______
SA 1176. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. ___. ENHANCED PROTECTIONS FOR SERVICEMEMBERS RELATING TO
MORTGAGES AND MORTGAGE FORECLOSURE UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) Repeal of Sunset.--Subsection (c) of section 2203 of
the Housing and Economic Recovery Act of 2008 (Public Law
110-289) is amended to read as follows:
``(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this
Act.''.
(b) Expansion of Protections to Include Widows and
Widowers.--Section 303(b) of the Servicemembers Civil Relief
Act (50 U.S.C. App. 533) is amended--
(1) by inserting ``, or widow or widower of a servicemember
who dies during such service,'' after ``by a servicemember'';
and
(2) by inserting ``, widow's, or widower's'' after ``when
the servicemember's''.
______
SA 1177. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
Subtitle D--Other Matters
SEC. 731. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED
WARRIOR ACT.
Section 1631 of the Wounded Warrior Act (title XVI of
Public Law 110-181; 10 U.S.C. 1071 note) is amended by adding
at the end the following:
``(c) Rehabilitative Equipment for Members of the Armed
Forces.--
``(1) In general.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense may
provide an active duty member of the Armed Forces with a
severe injury or illness with rehabilitative equipment,
including recreational sports equipment that provide an
adaption or accommodation for the member, regardless of
whether such equipment is intentionally designed to be
adaptive equipment.
``(2) Consultation.--In carrying out this subsection, the
Secretary of Defense shall consult with the Secretary of
Veterans Affairs regarding similar programs carried out by
the Secretary of Veterans Affairs.''.
______
SA 1178. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 827. MULTIYEAR CONTRACTS FOR ADVANCED BIOFUEL.
(a) Civilian Agency Contracts.--Subsection (a) of section
3903 of title 41, United States Code, is amended to read as
follows:
``(a) Definitions.--For the purposes of this section:
``(1) Multiyear contract.--The term `multiyear contract'--
``(A) means a contract for the purchase of property or
services for more than one, but not more than five, program
years, except as provided in subparagraph (B);
``(B) in the case of a contract for the purchase of
advanced biofuel, means a contract for the purchase of such
fuel for a period of up to 15 program years; and
``(C) may provide that performance under the contract
during the second and subsequent years of the contract is
contingent upon the appropriation of funds and (if it does so
provide) may provide for a cancellation payment to be made to
the contractor if such appropriations are not made.
``(2) Advanced biofuel.--The term `advanced biofuel' has
the meaning given such term in section 211(o)(1)(B) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(B)).''.
(b) Defense Contracts.--Subsection (k) of section 2306b of
title 10, United States Code, is amended to read as follows:
``(k) Definitions.--For the purposes of this section:
``(1)(A) Except as provided in subparagraph (B), the term
`multiyear contract' means a contract for the purchase of
property or services for more than one, but not more than
five, program years.
``(B) In the case of a contract for the purchase of
advanced biofuel, the term `multiyear contract' means a
contract for the purchase of such fuel for a period of up to
15 program years.
``(C) Such a contract may provide that performance under
the contract during the second and subsequent years of the
contract is contingent upon the appropriation of funds and
(if it does so provide) may provide for a cancellation
payment to be made to the contractor if such appropriations
are not made.
``(2) The term `advanced biofuel' has the meaning given
such term in section 211(o)(1)(B) of the Clean Air Act (42
U.S.C. 7545(o)(1)(B)).''.
(c) Effective Date.--The amendments made by this section
shall apply to contracts entered into on or after the date
occurring 180 days after the date of the enactment of this
Act.
______
SA 1179. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title V, add the following:
SEC. 505. NUMBER OF JUDGE ADVOCATES OF THE AIR FORCE IN THE
REGULAR GRADE OF BRIGADIER GENERAL.
Section 8037 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Four officers of the Air Force designated as judge
advocates shall hold the regular grade of brigadier
general.''.
______
SA 1180. Ms. COLLINS (for herself and Mrs. Shaheen) submitted an
amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:
At the end of subtitle C of title XII, add the following:
[[Page S7759]]
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.
(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.
______
SA 1181. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 577. MATTERS COVERED BY PRESEPARATION COUNSELING FOR
MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES.
Section 1142(b) of title 10, United States Code, is
amended--
(1) in paragraph (5), by striking ``job placement
counseling for the spouse'' and inserting ``inclusion of the
spouse when counseling regarding the matters covered by
paragraphs (9), (10), and (16) is provided, job placement
counseling for the spouse, and the provision of information
on survivor benefits available under the laws administered by
the Secretary of Defense or the Secretary of Veterans
Affairs'';
(2) in paragraph (9), by inserting before the period the
following: ``, including information on budgeting, saving,
credit, loans, and taxes'';
(3) in paragraph (10), by striking ``and employment'' and
inserting ``, employment, and financial'';
(4) by striking paragraph (16) and inserting the following
new paragraph:
``(16) Information on home loan services and housing
assistance benefits available under the laws administered by
the Secretary of Veterans Affairs and counseling on
responsible borrowing practices.''; and
(5) in paragraph (17), by inserting before the period the
following: ``, and information regarding the means by which
the member can receive additional counseling regarding the
member's actual entitlement to such benefits and apply for
such benefits''.
______
SA 1182. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
[[Page S7760]]
SEC. 1049. PROHIBITION ON PERMANENT STATIONING OF MORE THAN
TWO ARMY BRIGADE COMBAT TEAMS WITHIN UNITED
STATES EUROPEAN COMMAND.
(a) In General.--Effective as of January 1, 2016, the
number of Army Brigade Combat Teams that may be permanently
stationed within the geographic boundaries of the United
States European Command (EUCOM) may not exceed two brigade
combat teams.
(b) Military Construction.--No military construction
project may be commenced or undertaken for or in connection
with or support of the permanent stationing of more than two
Army Brigade Combat Teams within the geographic boundaries of
the United States European Command.
______
SA 1183. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. MAINTENANCE OF A TRIAD OF STRATEGIC NUCLEAR
DELIVERY SYSTEMS.
The Secretary of Defense shall take appropriate actions to
maintain for the United States a range of strategic nuclear
delivery systems appropriate for the current and anticipated
threats faced by the United States, including a triad of sea-
based, land-based, and air-based strategic nuclear delivery
systems.
______
SA 1184. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1024. LIMITATION ON REDUCTION IN NUMBER OF SURFACE
COMBATANTS OF THE NAVY BELOW 313 VESSELS.
(a) Findings.--Congress makes the following findings:
(1) The 2011 Shipbuilding Plan of the Navy contemplates a
baseline of 313 surface combatants in the Navy.
(2) The national security of the United States requires
that the shipbuilding activities of the Navy ensure a Navy
composed of at least 313 surface combatants.
(3) It is in the national interest that the future-years
defense programs of the Department of Defense provide for a
Navy composed of at least 313 surface combatants.
(b) Limitation.--The Secretary of the Navy may not carry
out any reduction in the number of surface combatants of the
Navy below 313 surface combatants unless the Secretary, after
consultation with the commanders of the combatant commands,
certifies to Congress that the Navy will continue to possess
the capacity to support the requirements of the combatant
commands after such reduction.
______
SA 1185. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 234. REPORT ON MISSILE DEFENSE SITE ON THE EAST COAST OF
THE UNITED STATES.
(a) Finding.--Congress finds that the Obama Administration
plans to limit or cancel the deployment of the European
Phased Adaptive Approach (EPAA) to missile defense.
(b) Report.--In light of the finding in subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth an assessment of
the feasibility and advisability of establishing a missile
defense site on the East Coast of the United States.
______
SA 1186. Mr. LEAHY (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle I--Fighting Fraud to Protect Taxpayers
SEC. 1090. DEPARTMENT OF JUSTICE WORKING CAPITAL FUND
REFORMS.
Section 11013(a) of the 21st Century Department of Justice
Appropriations Authorization Act (28 U.S.C. 527 note) is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) Definitions.--In this subsection--
``(A) the term `covered amounts' means--
``(i) the unobligated balances in the debt collection
management account; and
``(ii) the unobligated balances in the supplemental fraud
fighting account;
``(B) the term `debt collection management account' means
the account established in the Department of Justice Working
Capital Fund under paragraph (2);
``(C) the term `fraud offense' includes--
``(i) an offense under section 30A of the Securities
Exchange Act of 1934 (15 U.S.C. 78dd-1) and an offense under
section 104 or 104A of the Foreign Corrupt Practices Act of
1977 (15 U.S.C. 78dd-2 and 78dd-3);
``(ii) a securities fraud offense, as defined in section
3301 of title 18, United States Code;
``(iii) a fraud offense relating to a financial institution
or a federally related mortgage loan, as defined in section 3
of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2602), including an offense under section 152, 157,
1004, 1005, 1006, 1007, 1011, or 1014 of title 18, United
States Code;
``(iv) an offense involving procurement fraud, including
defective pricing, bid rigging, product substitution, misuse
of classified or procurement sensitive information, grant
fraud, fraud associated with labor mischarging, and fraud
involving foreign military sales;
``(v) an offense under the Internal Revenue Code of 1986
involving fraud;
``(vi) an action under subchapter III of chapter 37 of
title 31, United States Code (commonly known as the `False
Claims Act'), and an offense under chapter 15 of title 18,
United States Code;
``(vii) an offense under section 1029, 1030, or 1031 of
title 18, United States Code; and
``(viii) an offense under chapter 63 of title 18, United
States Code; and
``(D) the term `supplemental fraud fighting account' means
the supplemental fraud fighting account established in the
Department of Justice Working Capital Fund under paragraph
(3)(A).
``(2) Debt collection management account.--
Notwithstanding'';
(2) by striking ``Such amounts'' and inserting ``Subject to
paragraph (4), such amounts''; and
(3) by adding at the end the following:
``(3) Supplemental fraud fighting account.--
``(A) Establishment.--There is established as a separate
account in the Department of Justice Working Capital Fund
established under section 527 of title 28, United States
Code, a supplemental fraud fighting account.
``(B) Crediting of amounts.--Notwithstanding section 3302
of title 31, United States Code, or any other statute
affecting the crediting of collections, the Attorney General
may credit, as an offsetting collection, to the supplemental
fraud fighting account up to 0.5 percent of all amounts
collected pursuant to civil debt collection litigation
activities of the Department of Justice.
``(C) Use of funds.--
``(i) In general.--Subject to clause (ii), the Attorney
General may use amounts in the supplemental fraud fighting
account for the cost (including equipment, salaries and
benefits, travel and training, and interagency task force
operations) of the investigation of and conduct of criminal,
civil, or administrative proceedings relating to fraud
offenses.
``(ii) Limitation.--The Attorney General may not use
amounts in the supplemental fraud fighting account for the
cost of the investigation of or the conduct of criminal,
civil, or administrative proceedings relating to--
``(I) an offense under section 30A of the Securities
Exchange Act of 1934 (15 U.S.C. 78dd-1); or
``(II) an offense under section 104 or 104A of the Foreign
Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2 and 78dd-3).
``(D) Conditions.--Subject to paragraph (4), amounts in the
supplemental fraud fighting account shall remain available
until expended and shall be subject to the terms and
conditions of the Department of Justice Working Capital Fund.
``(4) Maximum amount.--
``(A) In general.--There are rescinded all covered amounts
in excess of $175,000,000 at the end of fiscal year 2012 and
the end of each fiscal year thereafter.
``(B) Ratio.--For any rescission under subparagraph (A),
the Secretary of the Treasury shall rescind amounts from the
debt collection management account and the supplemental fraud
fighting account in a ratio of 6 dollars to 1 dollar,
respectively.
``(5) Annual report.--Not later than 6 months after the
date of enactment of the National Defense Authorization Act
for Fiscal Year 2012, and every year thereafter, the Attorney
General shall submit to Congress a report that identifies,
for the most recent fiscal year before the date of the
report--
``(A) the amount credited to the debt collection management
account and the amount credited to the supplemental fraud
fighting account from civil debt collection litigation, which
shall include, for each account--
[[Page S7761]]
``(i) a comprehensive description of the source of the
amount credited; and
``(ii) a list the civil actions and settlements from which
amounts were collected and credited to the account;
``(B) the amount expended from the debt collection
management account for civil debt collection, which shall
include a comprehensive description of the use of amounts in
the account that identifies the amount expended for--
``(i) paying the costs of processing and tracking civil and
criminal debt-collection litigation;
``(ii) financial systems;
``(iii) debt-collection-related personnel expenses;
``(iv) debt-collection-related administrative expenses; and
``(v) debt-collection-related litigation expenses;
``(C) the amounts expended from the supplemental fraud
fighting account and the justification for the expenditure of
such amounts; and
``(D) the unobligated balance in the debt collection
management account and the unobligated balance in the
supplemental fraud fighting account at the end of the fiscal
year.''.
SEC. 1091. REIMBURSEMENT OF COSTS AWARDED IN FALSE CLAIMS ACT
PROSECUTIONS.
Section 3729(a)(3) of title 31, United States Code, is
amended by adding at the end the following: ``Any costs paid
under this paragraph shall be credited to the appropriations
accounts of the executive agency from which the funds used
for the costs of the civil action were paid.''.
SEC. 1092. INTERLOCUTORY APPEALS OF SUPPRESSION OR EXCLUSION
OF EVIDENCE.
Section 3731 of title 18, United States Code, is amended in
the second undesignated paragraph by inserting ``Attorney
General, the Deputy Attorney General, an Assistant Attorney
General, or the'' after ``an indictment or information, if
the''.
SEC. 1093. EXTENSION OF INTERNATIONAL MONEY LAUNDERING
STATUTE TO TAX EVASION CRIMES.
Section 1956(a)(2)(A) of title 18, United States Code, is
amended--
(1) by striking ``intent to promote'' and inserting the
following: ``intent to--
``(i) promote''; and
(2) by adding at the end the following:
``(ii) engage in conduct constituting a violation of
section 7201 or 7206 of the Internal Revenue Code of 1986;
or''.
SEC. 1094. CLARIFYING VENUE FOR FEDERAL MAIL FRAUD OFFENSES.
(a) In General.--Section 3237(a) of title 18, United States
Code, is amended in the second undesignated paragraph by
adding before the period at the end the following: ``or in
any district in which an act in furtherance of the offense is
committed''.
(b) Section Heading.--Section 3237 of title 18, United
States Code, is amended in the section heading by striking
``begun'' and all that follows and inserting ``taking place
in more than one district''.
(c) Table of Sections.--The table of sections for chapter
211 of title 18, United States Code, is amended by striking
the item relating to section 3237 and inserting the
following:
``3237. Offenses taking place in more than one district.''.
SEC. 1095. EXPANSION OF AUTHORITY OF SECRET SERVICE.
Section 3056 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``641, 656, 657,'' after ``510,''; and
(ii) by striking ``493, 657,'' and inserting ``493,''; and
(B) in paragraph (3), by striking ``federally insured'';
and
(2) by adding at the end the following:
``(h)(1) For any undercover investigative operation of the
United States Secret Service that is necessary for the
detection and prosecution of a crime against the United
States, the United States Secret Service may--
``(A) use amounts appropriated for the United States Secret
Service, including unobligated balances available from prior
fiscal years, to--
``(i) purchase property, buildings, and other facilities
and lease space within the United States (including the
District of Columbia and the territories and possessions of
the United States), without regard to sections 1341 and 3324
of title 31, section 8141 of title 40, and sections 3901,
4501 through 4506, 6301, and 6306(a) of title 41; and
``(ii) establish, acquire, and operate on a commercial
basis proprietary corporations and business entities as part
of the undercover investigative operation, without regard to
sections 9102 and 9103 of title 31;
``(B) deposit in banks and other financial institutions
amounts appropriated for the United States Secret Service,
including unobligated balances available from prior fiscal
years, and the proceeds from the undercover investigative
operation, without regard to section 648 of this title and
section 3302 of title 31; and
``(C) use the proceeds from the undercover investigative
operation to offset necessary and reasonable expenses
incurred in the undercover investigative operation, without
regard to section 3302 of title 31.
``(2) The authority under paragraph (1) may be exercised
only upon a written determination by the Director of the
United States Secret Service (in this subsection referred to
as the `Director') that the action being authorized under
paragraph (1) is necessary for the conduct of an undercover
investigative operation. A determination under this paragraph
may continue in effect for the duration of an undercover
investigative operation, without fiscal year limitation.
``(3) If the Director authorizes the proceeds from an
undercover investigative operation to be used as described in
subparagraph (B) or (C) of paragraph (1), as soon as
practicable after the proceeds are no longer necessary for
the conduct of the undercover investigative operation, the
proceeds remaining shall be deposited in the general fund of
the Treasury as miscellaneous receipts.
``(4) As early as the Director determines practicable
before the date on which a corporation or business entity
established or acquired under paragraph (1)(A)(ii) with a net
value of more than $50,000 is to be liquidated, sold, or
otherwise disposed of, the Director shall notify the
Secretary of Homeland Security regarding the circumstances of
the corporation or business entity and the liquidation, sale,
or other disposition. The proceeds of the liquidation, sale,
or other disposition, after obligations are met, shall be
deposited in the general fund of the Treasury as
miscellaneous receipts.
``(5)(A) The Director shall--
``(i) on a quarterly basis, conduct detailed financial
audits of closed undercover investigative operations for
which a written determination is made under paragraph (2);
and
``(ii) submit to the Secretary of Homeland Security a
written report of the results of each audit conducted under
clause (i).
``(B) On the date on which the budget of the President is
submitted under section 1105(a) of title 31 for each year,
the Secretary of Homeland Security shall submit to the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a report
summarizing the audits conducted under subparagraph (A)(i)
relating to the previous fiscal year.''.
SEC. 1096. FALSE CLAIMS SETTLEMENTS.
(a) Reports by Attorney General.--Not later than November 1
of each year, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a public
report, except the contents required in paragraphs (2), (3),
(4) and (10) of subsection (b), that describes each
settlement or compromise of any claim, suit, or other action
entered into with the Department of Justice that--
(1) relates to an alleged violation of section 1031 of
title 18, United States Code, or section 3729 of title 31,
United States Code (including all 12 settlements of
alternative remedies); and
(2) results from a claim for damages of more than $100,000.
(b) Contents of Reports.--The description of each
settlement or compromise required to be included in an annual
report under subsection (a) shall include--
(1) the total amount of the settlement or compromise and
the portions of the settlement attributable to violations of
various statutory authorities;
(2) the amount of actual damages, or if the amount of
actual damages is not available a good faith estimate of the
damages, that have been sustained;
(3) the amount of the settlement that represents civil
penalties;
(4) the amount of the settlement that represents criminal
fines and a statement of the basis for the fines;
(5) a description of the period during which the matter to
which the settlement or compromise relates was pending,
including--
(A) the date on which the complaint was originally filed;
(B) a description of the period the matter remained under
seal;
(C) the date on which the Department of Justice determined
whether to intervene in the case; and
(D) the date on which the settlement or compromise was
finalized;
(6) whether a defendant or any division, subsidiary,
affiliate, or related entity of a defendant had previously
entered into a settlement or compromise relating to section
1031 of title 18, United States Code, or section 3730(b) of
title 31, United States Code, and, if so, the date of and
amount to be paid under each such settlement or compromise;
(7) whether a defendant or any division, subsidiary,
affiliate, or related entity of a defendant--
(A) entered into a corporate integrity agreement relating
to the settlement or compromise;
(B) entered into a deferred prosecution agreement or
nonprosecution agreement relating to the settlement or
compromise; or
(C)(i) previously entered into--
(I) a corporate integrity agreement relating to a
settlement or compromise relating to a different violation of
section 3730(b) of title 31, United States Code; or
(II) a deferred prosecution agreement or nonprosecution
agreement relating to a settlement or compromise relating to
a different violation of section 1031 of title 18, United
States Code; and
(ii) if the defendant had entered an agreement described in
clause (i), whether the agreement applied to the conduct that
is the subject of the settlement or compromise described in
the report or similar conduct;
[[Page S7762]]
(8) for a qui tam action--
(A) the percentage of the settlement amount awarded to the
relator; and
(B) whether the relator requested a fairness hearing
relating to the percentage received by the relator or the
total amount of the settlement;
(9) the extent to which a relator or counsel for a relators
participated in the settlement negotiations; and
(10) whether a defendant raised the possibility of
requiring the disclosure of classified information as a
reason for the Department to settle a case in lieu of
litigation.
SEC. 1097. AGGRAVATED IDENTITY THEFT AND FRAUD.
(a) In General.--Section 1028A of title 18, United States
Code, is amended in the section heading by adding ``and
fraud'' at the end.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18, United States Code, is
amended by striking the item relating to section 1028A and
inserting the following:
``1028A. Aggravated identity theft and fraud.''.
SEC. 1098. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
IDENTIFICATION DOCUMENTS, AUTHENTICATION
FEATURES, AND INFORMATION.
(a) In General.--Section 1028(a)(7) of title 18, United
States Code, is amended by inserting ``(including an
organization)'' after ``person''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 47 of title 18, United States Code, is
amended by striking the item relating to section 1028 and
inserting the following:
``1028. Fraud and related activity in connection with identification
documents, authentication features, and information.''.
SEC. 1099. ATTEMPT TO EVADE OR DEFEAT TAX.
Section 7201 of the Internal Revenue Code is amended--
(1) by striking ``$100,000'' and inserting ``$500,000'';
and
(2) by striking ``$500,000'' and inserting ``$2,500,000''.
______
SA 1187. Mrs. GILLIBRAND (for herself and Mr. Portman) submitted an
amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title XI, add the following:
SEC. 1108. EXPEDITED HIRING AUTHORITY FOR DEFENSE INFORMATION
TECHNOLOGY/CYBER WORKFORCE.
(a) Expedited Hiring Authority.--Chapter 81 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1599e. Information technology/cyber workforce:
expedited hiring authority
``(a) Authority.--For purposes of sections 3304, 5333, and
5753 of title 5, the Secretary of Defense--
``(1) may designate any category of Information Technology/
Cyber workforce positions in the Department of Defense as
positions for which there exists a shortage of candidates or
for which there is a critical hiring need; and
``(2) may use the authorities provided in those sections to
recruit and appoint qualified persons directly to positions
so designated, and should appoint veterans to those positions
to the maximum extent possible.
``(b) Annual Report.--The Secretary of Defense shall submit
an annual report to the congressional defense committees
detailing the number of people hired under the authority of
this section, the number of people so hired who transfer to a
field outside the category of Information Technology/Cyber
workforce, and the number of veterans who apply for, and are
hired, for positions under this authority.
``(c) Sunset.--The Secretary may not appoint a person to a
position of employment under this section after September 30,
2017.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1599e. Information technology/cyber workforce: expedited hiring
authority.''.
______
SA 1188. Mr. CARDIN (for himself, Mr. Wicker, Mrs. Feinstein, Ms.
Mikulski, Mr. Rockefeller, Mr. Casey, and Mr. Burr) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; as
follows:
At the end of subtitle 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.''.
______
SA 1189. Mrs. MURRAY (for herself, Mrs. Gillibrand, and Mrs.
McCaskill) submitted an amendment intended to be proposed by her to the
bill S. 1867, to authorize appropriations for fiscal year 2012 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of title VII, add the following:
Subtitle D--Mental Health Care for Members of Reserve Components on
Inactive-Duty Training
SEC. 741. BEHAVIORAL HEALTH CARE FOR MEMBERS OF THE ARMED
FORCES PERFORMING INACTIVE-DUTY TRAINING AND
CERTAIN OTHER MEMBERS.
(a) In General.--Subsection (a)(1) of section 1074a of
title 10, United States Code, is amended by inserting
``(including a behavioral health illness)'' after ``or
disease''.
(b) Services for Readiness of Certain Other Members of
Ready Reserve.--Subsection (g)(1) of such section is amended
by striking ``medical and dental readiness'' and inserting
``medical, dental, and behavioral health readiness''.
SEC. 742. MENTAL HEALTH ASSESSMENTS DURING INACTIVE-DUTY
TRAINING FOR MEMBERS OF THE NATIONAL GUARD IN
STATES WITH HIGH NEED FOR BEHAVIORAL HEALTH
SUPPORT.
(a) Access to Assessments.--Each member of the National
Guard in a unit of a State covered by subsection (b) who is
performing inactive-duty training shall, while performing
such training, be permitted access to a mental health
assessment through a licensed mental health professional who
shall be available for such assessments during duty hours of
such training on the premises of the principal duty location
of such member's unit. Such mental health assessment shall be
provided by the State in accordance with subsection (e).
(b) Covered States.--A State covered by this subsection is
a State that--
(1) meets the criteria under subsection (c), as determined
by the Chief of the National Guard Bureau under subsection
(d); and
(2) elects to provide mental health assessments for members
of the National Guard as described in subsection (a) in
accordance with subsection (e).
(c) Criteria.--
(1) In general.--The Chief of the National Guard Bureau
shall develop criteria for determining whether or not members
of the National Guard of a particular State shall be
permitted access to mental health assessments under
subsection (a).
(2) Elements.--The criteria developed under paragraph (1)
shall take into account the following:
(A) The rate of suicide among members of the National Guard
of a State.
(B) The deployment schedule of National Guard units in a
State, including, in particular, the number of National Guard
units in the State recently returned from deployment.
(C) The economic circumstances of a State, including the
rate of unemployment in the State generally and the rate of
unemployment in the State among veterans.
(D) The availability of behavioral health care providers in
a State (including civilian
[[Page S7763]]
providers, providers at military treatment facilities, and
providers of or through the Department of Veterans Affairs)
for members of the National Guard, including, in particular,
the availability of such providers in rural areas of the
State.
(E) Such other criteria as the Chief of the National Guard
Bureau considers appropriate.
(3) Periodic updates.--The Chief of the National Guard
Bureau shall update the criteria developed under paragraph
(1) every two years.
(4) Consultation.--The Chief of the National Guard Bureau
shall carry out this subsection in consultation with the
Assistant Secretary of Defense for Health Affairs, the
Surgeons General of the Armed Forces, and the Adjutants
General of the National Guard.
(5) Submittal to congress.--Not later than 180 days after
the date of the enactment of this Act, the Chief of the
National Guard Bureau shall submit to the congressional
defense committees a report on the criteria developed under
this subsection.
(d) Determinations Regarding States.--Upon developing the
criteria required by subsection (b), and every two years
thereafter, the Chief of the National Guard Bureau shall
determine whether or not each State meets the criteria for
purposes of subsection (b)(1). In making such a
determination, the Chief of the National Guard Bureau shall
use the version of such criteria in effect at the time of
such determination, as updated under subsection (c)(3).
(e) State Actions.--
(1) Election to provide assessments.--
(A) In general.--Upon the development of the criteria
required by subsection (c), and every two years thereafter, a
State that meets the criteria may elect to provide mental
health assessments for members of the National Guard as
described in subsection (a).
(B) Period of election.--An election under subparagraph (A)
shall be effective for two years, and may be renewed by a
State if the Chief of the National Guard Bureau determines
under subsection (d) that the State continues to meet the
criteria under subsection (c) at the time of such renewal.
(C) Availability of option to elect.--The lack of an
election by a State under subparagraph (A) shall not prohibit
the State from making an election under that subparagraph at
any subsequent two-year interval if the State meets the
criteria under subsection (c) at the commencement of such
subsequent two-year interval.
(2) Assessments.--
(A) In general.--Each State making an election under
paragraph (1) shall provide mental health assessments for
members of the National Guard in units of the State as
described in subsection (a) during the two-year period
following the election.
(B) Manner of provision.--A State shall provide mental
health assessments under this paragraph in accordance with a
plan developed by the State for that purpose. The plan shall
ensure the availability of behavioral health providers for
that purpose during duty hours of inactive-duty training on
the premises of the principal duty location of National Guard
units of the State performing such training. The plan may
provide for the availability of such providers for that
purpose through arrangements with contractors under the
TRICARE program or other appropriate contractors or through
such other means as the State considers appropriate.
(f) Federal Funding.--Amounts authorized to be appropriated
for the Department of Defense for Defense Health Program may
be available for payment for, or reimbursements of States for
the costs of, mental health assessments of members of the
National Guard under subsection (a).
(g) Definitions.--In this section:
(1) The term ``inactive-duty training'' has the meaning
given that term in section 101(d)(7) of title 10, United
States Code.
(2) The term ``State'' means the several States, the
District of Columbia, Puerto Rico, Guam, and the Virgin
Islands.
(3) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
SEC. 743. BEHAVIORAL HEALTH SUPPORT FOR CERTAIN MEMBERS OF
THE NATIONAL GUARD IN STATES WITH HIGH NEED FOR
BEHAVIORAL HEALTH SUPPORT.
(a) In General.--Each member of the National Guard of a
State meeting the criteria in section 742(c) who is
participating in annual training duty or individual duty
training shall, while so participating, have access to the
behavioral health support programs specified in subsection
(b).
(b) Behavioral Health Support Programs.--The behavioral
health support programs specified in this subsection are the
following:
(1) Programs providing access to licensed mental health
providers in armories, reserve centers, or other places for
scheduled unit training assemblies.
(2) Programs providing training on suicide prevention and
post-suicide response.
(3) Psychological health programs.
(4) Such other programs as the Secretary of Defense, in
consultation with the Surgeon General for the National Guard
of the State in which the members concerned reside, the
Director of Psychological Health of the State in which the
members concerned reside, the Department of Mental Health or
the equivalent agency of the State in which the members
concerned reside, or the Director of the Psychological Health
Program of the National Guard Bureau, considers appropriate.
(c) Access Without Cost to Members.--Access to behavioral
health programs, and to any services under such programs,
shall be provided at no cost to members.
(d) Privacy Protection.--Any mental health services
provided under this section shall be subject to and comply
with all applicable privacy rules and security rules
published by the Department of Health and Human Services as
required by the Health Insurance Portability and
Accountability Act of 1996.
SEC. 744. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE
RESERVES PERFORMING INACTIVE-DUTY TRAINING.
(a) In General.--The Secretary of the military department
concerned may provide mental health assessments for members
of the Army Reserve, the Navy Reserve, the Air Force Reserve,
and the Marine Corps Reserve who are performing inactive-duty
training.
(b) Criteria.--A determination whether or not to provide
mental health assessments for members of a given Reserve
under subsection (a) may be made in accordance with criteria
developed by the Secretary of the military department
concerned, in consultation with the Assistant Secretary of
Defense for Health Affairs and the Surgeon General of the
Armed Force concerned.
(c) Provision Without Cost to Members.--Any mental health
assessments provided under this section, and any services
provided pursuant to such assessments, shall be provided at
no cost to members.
(d) Privacy Protection.--Any mental health services
provided under this section shall be subject to and comply
with all applicable privacy rules and security rules
published by the Department of Health and Human Services as
required by the Health Insurance Portability and
Accountability Act of 1996.
(e) Inactive-duty Training Defined.--In this section, the
term ``inactive-duty training'' has the meaning given that
term in section 101(d)(7) of title 10, United States Code.
SEC. 745. REPORTS ON EFFECTIVENESS OF MENTAL HEALTH
ASSESSMENTS IN MEETING NEEDS OF MEMBERS OF THE
RESERVE COMPONENTS PERFORMING INACTIVE-DUTY
TRAINING.
(a) Biennial Assessment of Effectiveness of Assessments.--
Not later than two years after the date of the enactment of
this Act, and every two years thereafter, the Assistant
Secretary of Defense for Health Affairs shall conduct an
assessment of the effectiveness of the mental health
assessments provided members of the reserve components of the
Armed Forces under this subtitle.
(b) Elements.--Each assessment under subsection (a) shall
include an assessment of the following:
(1) The effect of the mental health assessments described
in subsection (a) in assuring the behavioral health readiness
of the following:
(A) The reserve components of the Armed Forces generally.
(B) The National Guard of each State in which mental health
assessments were performed under section 742 during the two-
year period covered by such assessment.
(C) Each of the Army Reserve, the Navy Reserve, the Air
Force Reserve, and the Marine Corps Reserve.
(2) For the two-year period covered by such assessment,
rates of each of the following:
(A) Contacts between members of the reserve components of
the Armed Forces and a behavioral health provider initiated
by the member.
(B) Contacts between members of the reserve components of
the Armed Forces and a behavioral health provider initiated
by a commander of the member.
(C) Contacts between members of the reserve components of
the Armed Forces and a behavioral health provider initiated
by a behavioral health provider.
(D) Symptoms of post-traumatic stress disorder (PTSD) in
members participating in any such contacts.
(E) Substance abuse in members participating in any such
contacts.
(F) Marriage or family concerns in members participating in
any such contacts.
(G) Job or financial concerns in members participating in
any such contacts.
(3) Such other matters as the Assistant Secretary of
Defense for Health Affairs considers appropriate.
(c) Reports on Assessments.--Not later than 30 days after
completing an assessment under this section, the Assistant
Secretary of Defense for Health Affairs shall submit to the
congressional defense committees a report setting forth the
results of such assessment.
______
SA 1190. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle G of title X, add the following:
[[Page S7764]]
SEC. 1080. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.
(a) Development of Innovative Advanced Technologies.--
(1) In general.--The Secretary of Defense shall use the
laboratory network of the Department of Defense and work with
the Secretary of Commerce and the Administrator of the Small
Business Administration to encourage the development of
innovative advanced technologies to address national
security, and where appropriate, homeland security, and first
responder challenges.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Defense should make further progress in
marshaling existing authorities in support of regional
advanced technology clusters, while defining mechanisms to
collaborate with, and leverage resources from the Department
of Commerce and the Small Business Administration.
(b) Designation of Lead Department of Defense Office.--Not
later than 60 days after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition,
Technology, and Logistics, in consultation with the Under
Secretary of Defense for Policy, shall identify and report to
the appropriate congressional committees what office within
the Department of Defense will be responsible for enhanced
use of regional advanced technology clusters.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with
the Under Secretary of Defense for Policy, shall submit to
the appropriate congressional committees a report
describing--
(1) the participation of the Department of Defense in
regional advanced technology clusters, including the number
of clusters supported, technologies developed and products
commercialized, small businesses trained, companies started,
and research and development facilities shared;
(2) implementation by the Department of processes and
mechanisms to facilitate collaboration with the clusters;
(3) agreements established with the Department of Commerce
and the Small Business Administration to jointly support the
continued utilization and growth of the clusters; and
(4) any additional required authorities and any impediments
in supporting regional advanced technology clusters.
(d) Collaboration With Other Federal Agencies.--
(1) In general.--The designated lead from the Department of
Defense office shall collaborate and share resources with
other Federal agencies for purposes of assisting in the
utilization and growth of regional advanced technology
clusters under this section. Furthermore the Department of
Defense will work with Department of Commerce and the Small
Business Administration to develop methods to evaluate the
effectiveness of technology cluster policies.
(2) Intergovernmental personnel act agreements.--The
Department of Defense shall utilize Intergovernmental
Personnel Act agreements to provide for the temporary
assignment of personnel between the Federal Government and
State and local governments, colleges and universities,
Indian tribal governments, federally funded research and
development centers, and other eligible organizations.
(3) Access to department of defense facilities.--The
Secretary of Defense shall provide regional advanced
technology clusters appropriate access to Department of
Defense facilities.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Commerce, Science and Transportation
and the Committee on Small Business and Entrepreneurship of
the Senate; and
(C) the Committee on Energy and Commerce and the Committee
on Small Business of the House of Representatives.
(2) Regional advanced technology clusters.--The term
``regional advanced technology clusters'' means geographic
centers focused on building science and technology-based
innovation capacity in areas of local and regional strength
to foster economic growth and improve quality of life.
______
SA 1191. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriation for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follow:
At the end of title I of division A, add the following:
Sec. 1__. (a) The Corps of Engineers is authorized to carry
out any project--
(1) for which there is a signed report of the Chief of
Engineers by the end of fiscal year 2012;
(2) that will be constructed according to the
specifications of the Corps of Engineers; and
(3) for which, prior to authorization, the Chief of
Engineers certifies that 100 percent of the cost of carrying
out the project is contributed by a non-Federal entity or a
group of non-Federal entities.
(b) A non-Federal entity or group of non-Federal entities
described in subsection (a)(3) shall not receive any
reimbursement for the cost of a project carried out under
this section from the Federal Government.
______
SA 1192. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
At the end of subtitle D of title V, add the following:
SEC. 547. REPORT ON COSTS TO DEPARTMENT OF DEFENSE OF CERTAIN
ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AND
MILITARY SPOUSES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the costs
to the Department of Defense of education assistance for
members of the Armed Forces and military spouses under the
following programs of the Department of Defense:
(1) The Tuition Assistance (TA) program.
(2) The Military Spouse Career Advancement Account (MyCAA)
program.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) For each institution of higher education that received
funds under a program specified in subsection (a) during any
of fiscal years 2009, 2010, or 2011--
(A) the name and location of such institution;
(B) whether such institution is a public, non-profit, or
for-profit institution;
(C) the amount of funds received by such institution in
each such fiscal year each under each program; and
(D) the number of members of the Armed Forces, and the
number of military spouses, who received education at such
institution during each such fiscal year for which money was
received under either program.
(2) Education outcomes for participants in the programs
specified in subsection (a) during fiscal years 2009 through
2011, including--
(A) credit accumulation;
(B) completion of education on time or in 150 percent of on
time;
(C) loan defaults;
(D) job placement and retention, and wage progression,
after completion of education.
(3) A summary of complaints regarding aggressive recruiting
practices or misrepresentation of future job placement
opportunities from participants in the programs specified in
subsection (a) during fiscal years 2009 through 2011.
(4) Such recommendations as the Secretary considers
appropriate for reducing the costs to the Department of
education assistance under the programs specified in
subsection (a).
______
SA 1193. Mr. DURBIN (for himself, Mr. Kirk, Mr. Harkin, and Mr.
Grassley) submitted an amendment intended to be proposed by him to the
bill S. 1867, to authorize appropriations for fiscal year 2012 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 follow:
Strike section 341 and insert the following:
SEC. 341. PERMANENT AND EXPANDED AUTHORITY FOR ARMY
INDUSTRIAL FACILITIES TO ENTER INTO CERTAIN
COOPERATIVE ARRANGEMENTS WITH NON-ARMY
ENTITIES.
Section 4544 of title 10, United States Code, is amended--
(1) in subsection (a), by striking the second sentence; and
(2) by striking subsection (k).
______
SA 1194. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
Strike section 1048 and insert the following:
SEC. 1048. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.
(a) Fiscal Year 2012 Administration.--Notwithstanding
section 2302(c) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6672(c)), the Secretary of Defense may
administer the Troops-to-Teachers Program during fiscal year
2012. Amounts authorized to be appropriated for the
Department of Defense by this Act shall be available to the
Secretary of Defense for that purpose.
(b) Enactment of Program Authority in Title 10, United
States Code.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following new
section:
[[Page S7765]]
``Sec. 1154. Assistance to eligible members and former
members to obtain employment as teachers: Troops-to-
Teachers Program
``(a) Definitions.--In this section:
``(1) Charter school.--The term `charter school' has the
meaning given that term in section 5210 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
``(2) High-need school.--The term `high-need school'
means--
``(A) an elementary school or middle school in which at
least 50 percent of the enrolled students are children from
low-income families, based on the number of children eligible
for free or reduced priced lunches under the Richard B.
Russell National School Lunch Act, the number of children in
families receiving assistance under the State program funded
under part A of title IV of the Social Security Act, the
number of children eligible to receive medical assistance
under the Medicaid program, or a composite of these
indicators;
``(B) a high school in which at least 40 percent of
enrolled students are children from low-income families,
which may be calculated using data comparable to the data
described in subparagraph (A) from the middle or elementary
schools that feed into the high school;
``(C) a school that is in a local educational agency that
is eligible under section 6211(b) of the Elementary and
Secondary Education Act of 1965; or
``(D) a school in which not less than 13 percent of the
students enrolled in the school qualify for assistance under
part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.).
``(3) Member of the armed forces.--The term `member of the
armed forces' includes a former member of the armed forces.
``(4) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(5) Additional terms.--The terms `elementary school',
`highly qualified', `local educational agency', `secondary
school', and `State' have the meanings given those terms in
section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(b) Program Authorization.--The Secretary of Defense (in
this section referred to as the `Secretary') may carry out a
program (to be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (d) to obtain certification or
licensing as elementary school teachers, secondary school
teachers, or career and technical education teachers, and to
become highly qualified teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or charter schools that
the Secretary of Education identifies as--
``(i) receiving grants under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et. seq.) as a result of having within their
jurisdictions concentrations of children from low-income
families; or
``(ii) experiencing a shortage of highly qualified
teachers, in particular a shortage of highly qualified
science, mathematics, special education, foreign language, or
career and technical education teachers; or
``(iii) a Bureau-funded school (as such term is defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)); and
``(B) in elementary schools or secondary schools, or as
career and technical education teachers.
``(c) Counseling and Referral Services.--The Secretary may
provide counseling and referral services to members of the
armed forces who do not meet the criteria described in
subsection (d), including meeting the education qualification
requirements under subsection (d)(3)(B).
``(d) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the
Program:
``(A) Any member who--
``(i) on or after October 1, 1999, becomes entitled to
retired or retainer pay under this title or title 14;
``(ii) has an approved date of retirement that is within 1
year after the date on which the member submits an
application to participate in the Program; or
``(iii) has been transferred to the Retired Reserve.
``(B) Any member who, on or after January 8, 2002--
``(i)(I) is separated or released from active duty after 4
or more years of continuous active duty immediately before
the separation or release; or
``(II) has completed a total of at least 6 years of active
duty service, 6 years of service computed under section 12732
of this title, or 6 years of any combination of such service;
and
``(ii) executes a reserve commitment agreement for a period
of not less than 3 years under paragraph (5)(B).
``(C) Any member who, on or after January 8, 2002, is
retired or separated for physical disability under chapter 61
of this title.
``(D) Any member who--
``(i) applied for the teacher placement program
administered under section 1151 of title 10, United States
Code, before the repeal of that section, and satisfied the
eligibility criteria specified in subsection (c) of such
section 1151; or
``(ii) applied for the Troops to Teachers program under
chapter A of subpart 1 of part C of title II of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6673 et seq.) and satisfied the eligibility criteria
specified in section 2303(a), before the date of enactment of
this section.
``(2) Submission of applications.--(A) Selection of
eligible members of the armed forces to participate in the
Program shall be made on the basis of applications submitted
to the Secretary within the time periods specified in
subparagraph (B). An application shall be in such form and
contain such information as the Secretary may require.
``(B) An application shall be considered to be submitted on
a timely basis under subparagraph (A)(i), (B), or (C) of
paragraph (1) if the application is submitted not later than
3 years after the date on which the member is retired,
separated, or released from active duty, whichever applies to
the member.
``(3) Selection criteria; educational background
requirements and honorable service requirement.--(A) Subject
to subparagraphs (B) and (C), the Secretary shall prescribe
the criteria to be used to select eligible members of the
armed forces to participate in the Program.
``(B)(i) If a member of the armed forces is applying for
assistance for placement as an elementary school or secondary
school teacher, the Secretary shall require the member to
have received a baccalaureate or advanced degree from an
accredited institution of higher education.
``(ii) If a member of the armed forces is applying for
assistance for placement as a career and technical education
teacher, the Secretary shall require the member--
``(I) to have received the equivalent of 1 year of college
from an accredited institution of higher education or the
equivalent in military education and training as certified by
the Department of Defense; or
``(II) to otherwise meet the certification or licensing
requirements for a career and technical education teacher in
the State in which the member seeks assistance for placement
under the Program.
``(C) A member of the armed forces is eligible to
participate in the Program only if the member's last period
of service in the armed forces was honorable, as
characterized by the Secretary concerned. A member selected
to participate in the Program before the retirement of the
member or the separation or release of the member from active
duty may continue to participate in the Program after the
retirement, separation, or release only if the member's last
period of service is characterized as honorable by the
Secretary concerned.
``(4) Selection priorities.--In selecting eligible members
of the armed forces to receive assistance under the Program,
the Secretary--
``(A) shall give priority to members who--
``(i) have educational or military experience in science,
mathematics, special education, foreign language, or career
and technical education subjects; and
``(ii) agree to seek employment as science, mathematics,
foreign language, or special education teachers in elementary
schools or secondary schools or in other schools under the
jurisdiction of a local educational agency; and
``(B) may give priority to members who agree to seek
employment in a high-need school.
``(5) Other conditions on selection.--
``(A) The Secretary may not select an eligible member of
the armed forces to participate in the Program and receive
financial assistance unless the Secretary has sufficient
appropriations for the Program available at the time of the
selection to satisfy the obligations to be incurred by the
United States under subsection (e) with respect to the
member.
``(B) The Secretary may not select an eligible member of
the armed forces described in paragraph (1)(B)(i) to
participate in the Program under this section and receive
financial assistance under subsection (e) unless the member
executes a written agreement to serve as a member of the
Selected Reserve of a reserve component of the armed forces
for a period of not less than 3 years.
``(e) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of
the armed forces selected to participate in the Program under
subsection (b) and receive financial assistance under this
subsection shall be required to enter into an agreement with
the Secretary in which the member agrees--
``(i) within such time as the Secretary may require, to
obtain certification or licensing as an elementary school
teacher, secondary school teacher, or career and technical
education teacher, and to become a highly qualified teacher;
and
``(ii) to accept an offer of full-time employment, to begin
the school year after obtaining that certification or
licensing, as an elementary school teacher, secondary school
teacher, or career and technical education teacher for not
less than 3 school years with--
``(I) a local educational agency receiving grant funds
under part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.);
``(II) a public charter school (as such term is defined in
section 2102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602)) residing in such a local educational
agency; or
[[Page S7766]]
``(III) a Bureau-funded school (as such term is defined in
section 1141 of the Education Amendments of 1978 (25 U.S.C.
11 2021)).
``(B) The Secretary may waive the 3-year commitment
described in subparagraph (A)(ii) for a participant if the
Secretary determines such waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered to be in violation of the agreement and shall not
be required to provide reimbursement under subsection (f),
for failure to meet the 3-year commitment.
``(2) Violation of participation agreement; exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
paragraph (1) during any period in which the participant--
``(A) is pursuing a full-time course of study related to
the field of teaching at an institution of higher education;
``(B) is serving on active duty as a member of the armed
forces;
``(C) is temporarily totally disabled for a period of time
not to exceed 3 years as established by sworn affidavit of a
qualified physician;
``(D) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse
who is disabled;
``(E) is a highly qualified teacher who is seeking and
unable to find full-time employment as a teacher in an
elementary school or secondary school or as a career and
technical education teacher for a single period not to exceed
27 months; or
``(F) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
``(3) Stipend and bonus for participants.--(A) Subject to
subparagraph (C), the Secretary may pay to a participant in
the Program selected under this section a stipend to cover
expenses incurred by the participant to obtain the required
educational level, certification or licensing. Such stipend
may not exceed $5,000 and may vary by participant.
``(B) Subject to subparagraph (C), the Secretary may pay a
bonus of up to $10,000 to a participant in the Program
selected under this section who agrees in the participation
agreement under paragraph (1) to become a highly qualified
teacher and to accept full-time employment as an elementary
school teacher, secondary school teacher, or career and
technical education teacher for not less than 3 school years
in a high-need school. Such bonus may vary by participant and
may take into account the priority placements as determined
by the Secretary.
``(C)(i) The total number of stipends that may be paid
under subparagraph (A) in any fiscal year may not exceed
5,000.
``(ii) The total number of bonuses that may be paid under
subparagraph (B) in any fiscal year may not exceed 3,000.
``(iii) The combination of stipend and bonus for any one
participant may not exceed $10,000.
``(4) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant in the Program
shall be taken into account in determining the eligibility of
the participant for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et. seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Program
who is paid a stipend or bonus under this subsection shall be
required to repay the stipend or bonus under the following
circumstances:
``(A) The participant fails to obtain teacher certification
or licensing, to become a highly qualified teacher, or to
obtain employment as an elementary school teacher, secondary
school teacher, or career and technical education teacher as
required by the participation agreement under subsection
(e)(1).
``(B) The participant voluntarily leaves, or is terminated
for cause from, employment as an elementary school teacher,
secondary school teacher, or career and technical education
teacher during the 3 years of required service in violation
of the participation agreement.
``(C) The participant executed a written agreement with the
Secretary concerned under subsection (d)(5)(B) to serve as a
member of a reserve component of the armed forces for a
period of 3 years and fails to complete the required term of
service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (e) shall pay an amount that
bears the same ratio to the amount of the stipend or bonus as
the unserved portion of required service bears to the 3 years
of required service. Any amount owed by the participant shall
bear interest at the rate equal to the highest rate being
paid by the United States on the day on which the
reimbursement is determined to be due for securities having
maturities of 90 days or less and shall accrue from the day
on which the participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11 shall not release a participant from the obligation
to reimburse the Secretary under this subsection.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The Secretary may also waive the reimbursement in
cases of extreme hardship to the participant, as determined
by the Secretary.
``(g) Relationship to Educational Assistance Under
Montgomery GI Bill.--The receipt by a participant in the
Program of a stipend or bonus under subsection (e) shall not
reduce or otherwise affect the entitlement of the participant
to any benefits under chapter 30 or 33 of title 38 or chapter
1606 of this title.
``(h) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such
States.
``(2) Assistance to states.--(A) Subject to subparagraph
(B), the Secretary may make grants to States participating in
the Program, or to consortia of such States, in order to
permit such States or consortia of States to operate offices
for purposes of recruiting eligible members of the armed
forces for participation in the Program and facilitating the
employment of participants in the Program as elementary
school teachers, secondary school teachers, and career and
technical education teachers.
``(B) The total amount of grants made under subparagraph
(A) in any fiscal year may not exceed $5,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1154. Assistance to eligible members and former members to obtain
employment as teachers: Troops-to-Teachers Program.''.
(c) Conforming Amendment.--Section 1142(b)(4)(C) of such
title is amended by striking ``under sections 1152 and 1153
of this title and the Troops-to-Teachers Program under
section 2302 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6672)'' and inserting ``under sections 1152,
1153, and 1154 of this title''.
(d) Termination of Original Program.--
(1) Termination.--
(A) Chapter A of subpart 1 of Part C of title II of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6671 et seq.) is repealed.
(B) The table of contents in section 2 of Part I of the
Elementary and Secondary Education Act 1965 is amended by
striking the items relating to such chapter.
(2) Existing agreements.--The repeal of chapter A of
subpart 1 of Part C of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) by
paragraph (1)(A) shall not affect the validity or terms of
any agreement entered into before the date of the enactment
of this Act under such chapter, or to pay assistance, make
grants, or obtain reimbursement in connection with such an
agreement as in effect before such repeal.
(e) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month
beginning more than 180 days after the date on which the
Secretary of Defense provides the appropriate committees of
Congress with written notice that the Secretary of Defense
has elected to administer the program in accordance with
subsection (a), or on such earlier date as the Secretary of
Education and the Secretary of Defense may jointly provide.
(f) Report.--
(1) In general.--Not later than April 1, 2012, the
Secretary of Defense and the Secretary of Education shall
jointly submit to the appropriate committees of Congress a
report on the Troops-to-Teachers Program. The report shall
include the following:
(A) A summary of the funding of the Troops-to-Teachers
Program since its inception and projected funding of the
program during the period covered by the future-years defense
program submitted to Congress during 2011.
(B) The number of past participants in the Troops-to-
Teachers Program by year, the number of past participants who
have fulfilled, and have not fulfilled, their service
obligation under the program, and the number of waivers of
such obligations (and the reasons for such waivers).
(C) A discussion and assessment of the current and
anticipated effects of recent economic circumstances in the
United States, and cuts nationwide in State and local
budgets, on the ability of participants in the Troops-to-
Teachers Program to obtain teaching positions.
(D) A discussion of the youth education goals in the
Troops-to-Teachers Program and the record of the program to
date in producing teachers in high-need and other eligible
schools.
(E) An assessment of the extent to which the Troops-to-
Teachers Program achieves its purpose as a military
transition assistance program and, in particular, as
transition assistance program for members of the Armed Forces
who are nearing retirement or who are voluntarily or
involuntarily separating from military service.
(F) An assessment of the performance of the Troops-to-
Teachers Program in providing qualified teachers to high-need
public
[[Page S7767]]
schools, and reasons for expanding the program to additional
school districts.
(G) A discussion and assessment of the advisability of the
administration of the Troops-to-Teachers Program by the
Department of Education in consultation with the Department
of Defense.
(2) Definitions.--In this subsection:
(A) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(i) the Committees on Armed Services and Health, Education,
Labor, and Pensions of the Senate; and
(ii) the Committees on Armed Services and Education and the
Workforce of the House of Representatives.
(B) Troops-to-teachers program.--The term ``Troops-to-
Teachers Program'' means the Troops-to-Teachers Program under
section 1154 of title 10, United States Code (as amended by
subsection (b)), as authorized prior to the enactment of this
Act by chapter A of subpart 1 of part C of title II of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6671 et seq.).
______
SA 1195. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IX, add the following:
SEC. 907. REPORT ON EXTENT OF AUTHORIZED ACCESS TO MILITARY
INSTALLATION FOR UNAUTHORIZED MARKETING OF
PRODUCTS AND SERVICES TO MILITARY PERSONNEL.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting
forth an assessment of the extent to which persons and
entities employed by institutions of higher education (for
purposes of the Higher Education Act of 1965) who have
otherwise authorized access to military installations are
engaged in the unauthorized marketing of products and
services to members of the Armed Forces through such access.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The assessment described in subsection (a).
(2) Such recommendations as the Secretary considers
appropriate for mechanisms as follows:
(A) To assist members of the Armed Forces in identifying
persons and entities who are engaged in the unauthorized
marketing of products and services to members of the Armed
Force through otherwise authorized access to military
installations.
(B) To encourage members to report persons and entities who
are so engaged to the proper authorities.
______
SA 1196. Mr. FRANKEN submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title II, add the following:
SEC. 262. REESTABLISHMENT OF REQUIREMENT FOR ANNUAL REPORTS
ON DEPARTMENT OF DEFENSE EFFORTS AND PROGRAMS
RELATING TO THE PREVENTION, MITIGATION, AND
TREATMENT OF BLAST INJURIES.
Section 256(h)(1) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10
U.S.C. 1071 note) is amended by inserting ``and not later
than 270 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2012, and annually
thereafter through 2014,'' after ``through 2008,''.
______
SA 1197. Mr. FRANKEN submitted an amendment intended to be proposed
by him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; as follows:
At the end of subtitle 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).''.
______
SA 1198. Mrs. HUTCHISON (for herself, Mr. Johnson of South Dakota,
Mr. Thune, and Mr. Cornyn) submitted an amendment intended to be
proposed by her to the bill S. 1867, to authorize appropriations for
fiscal year 2012 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 28, strike lines 5 through 13 and insert the
following:
(a) In General.--The Secretary of the Air Force may not
retire or prepare to retire any B-1 bomber aircraft until the
date that is one year after the date on which the plan
described in subsection (b) is received by the congressional
defense committees.
On page 29, strike lines 11 through 23.
______
SA 1199. Mrs. HUTCHISON (for herself, Mr. Blunt, Mr. Manchin, and Mr.
Chambliss) submitted an amendment intended to be proposed by him to the
bill S. 1867, to authorize appropriations for fiscal year 2012 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle E--Army Programs
SEC. 171. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.
(a) Maintenance.--The Secretary of the Army shall maintain
not less than 42 C-23 aircraft, of which not less than--
(1) 11 shall be available for the active component of the
Army;
(2) 4 shall be available for training operations; and
(3) 22 shall be available for domestic operations in the
continental United States.
(b) Limitation on Retirement.--The Secretary of the Army
may not retire (or prepare to retire) any C-23 aircraft, or
keep any such aircraft in a status considered excess to the
requirements of the possessing command and awaiting
disposition instructions, until the date that is one year
after the date on which each report under subsections (c)(2),
(d)(2), and (e)(2) has been received by the congressional
defense committees.
(c) Airlift Study and Report.--
(1) Study.--The Director of the National Guard Bureau, in
consultation with the Chief of Staff of the Army, the Chief
of Staff of the Air Force, the Commander of the United States
Northern Command, the Commander of the United States Pacific
Command, and the Administrator of the Federal Emergency
Management Agency, shall conduct a study to determine the
number of fixed-wing and rotary-wing aircraft required to
support the following missions at low, medium, moderate,
high, and very-high levels of operational risk:
(A) Homeland defense.
(B) Contingency response.
(C) Natural disaster-related response.
(D) Humanitarian response.
(2) Report.--The Director shall submit to the congressional
defense committees a report containing the study under
paragraph (1).
(d) Fleet Viability Assessment.--
(1) Assessment.--The Secretary of the Army, in coordination
with the Director of the Fleet Viability Board of the Air
Force, shall conduct a fleet viability assessment with
respect to C-23 aircraft.
[[Page S7768]]
(2) Report.--The Secretary shall submit to the
congressional defense committees a report containing the
assessment under paragraph (1).
(e) GAO Sufficiency Review.--
(1) Review.--The Comptroller General of the United States
shall conduct a sufficiency review of the study under
subsection (c)(1).
(2) Report.--Not later than 180 days after the date on
which the Director of the National Guard Bureau submits the
report under subsection (c)(2), the Comptroller General shall
submit to the congressional defense committees a report
containing the review under paragraph (1).
______
SA 1200. Mr. CORNYN (for himself, Mr. Menendez, Mr. Inhofe, Mr.
Lieberman, Mr. Wyden, and Mr. Blumenthal) submitted an amendment
intended to be proposed by him to the bill S. 1867, to authorize
appropriations for fiscal year 2012 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. SALE OF F-16 AIRCRAFT TO TAIWAN.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense, in its 2011 report to
Congress on ``Military and Security Developments Involving
the People's Republic of China,'' found that ``China
continued modernizing its military in 2010, with a focus on
Taiwan contingencies, even as cross-Strait relations
improved. The PLA seeks the capability to deter Taiwan
independence and influence Taiwan to settle the dispute on
Beijing's terms. In pursuit of this objective, Beijing is
developing capabilities intended to deter, delay, or deny
possible U.S. support for the island in the event of
conflict. The balance of cross-Strait military forces and
capabilities continues to shift in the mainland's favor.'' In
this report, the Department of Defense also concludes that,
over the next decade, China's air force will remain primarily
focused on ``building the capabilities required to pose a
credible military threat to Taiwan and U.S. forces in East
Asia, deter Taiwan independence, or influence Taiwan to
settle the dispute on Beijing's terms''.
(2) The Defense Intelligence Agency (DIA) conducted a
preliminary assessment of the status and capabilities of
Taiwan's air force in an unclassified report, dated January
21, 2010. The DIA found that, ``[a]lthough Taiwan has nearly
400 combat aircraft in service, far fewer of these are
operationally capable.'' The report concluded, ``Many of
Taiwan's fighter aircraft are close to or beyond service
life, and many require extensive maintenance support. The
retirement of Mirage and F-5 aircraft will reduce the total
size of the Taiwan Air Force.''
(3) Since 2006, authorities from Taiwan have made repeated
requests to purchase 66 F-16C/D multirole fighter aircraft
from the United States, in an effort to modernize the air
force of Taiwan and maintain its self-defense capability.
(4) According to a report by the Perryman Group, a private
economic research and analysis firm, the requested sale of F-
16C/Ds to Taiwan ``would generate some $8,700,000,000 in
output (gross product) and more than 87,664 person-years of
employment in the US,'' including 23,407 direct jobs, while
``economic benefits would likely be realized in 44 states and
the District of Columbia''.
(5) The sale of F-16C/Ds to Taiwan would both sustain
existing high-skilled jobs in key United States manufacturing
sectors and create new ones.
(6) On August 1, 2011, a bipartisan group of 181 members of
the House of Representatives sent a letter to the President,
expressing support for the sale of F-16C/Ds to Taiwan. On May
26, 2011, a bipartisan group of 45 members of the Senate sent
a similar letter to the President, expressing support for the
sale. Two other members of the Senate wrote separately to the
President or the Secretary of State in 2011 and expressed
support for this sale.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a critical element to maintaining peace and stability
in Asia in the face of China's two-decade-long program of
military modernization and expansion of military capabilities
is ensuring a militarily strong and confident Taiwan;
(2) a Taiwan that is confident in its ability to deter
Chinese aggression will increase its ability to proceed in
developing peaceful relations with China in areas of mutual
interest;
(3) the cross-Strait military balance between China and our
longstanding strategic partner, Taiwan, has clearly shifted
in China's favor;
(4) China's military expansion poses a clear and present
danger to Taiwan, and this threat has very serious
implications for the ability of the United States to fulfill
its security obligations to allies in the region and protect
our vital United States national interests in East Asia;
(5) Taiwan's air force continues to deteriorate, and it
needs additional advanced multirole fighter aircraft in order
to modernize its fleet and maintain a sufficient self-defense
capability;
(6) the United States has a statutory obligation under the
Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide
Taiwan the defense articles necessary to enable Taiwan to
maintain sufficient self-defense capabilities, in furtherance
of maintaining peace and stability in the western Pacific
region;
(7) in order to comply with the Taiwan Relations Act, the
United States must provide Taiwan with additional advanced
multirole fighter aircraft, as well as significant upgrades
to Taiwan's existing fleet of multirole fighter aircraft; and
(8) the proposed sale of F-16C/D multirole fighter aircraft
to Taiwan would have significant economic benefits to the
United States economy.
(c) Sale of Aircraft.--The President shall carry out the
sale of no fewer than 66 F-16C/D multirole fighter aircraft
to Taiwan.
______
SA 1201 Mr. WEBB submitted an amendment intended to be proposed to
amendment SA 1072 submitted by Mr. Leahy (for himself, Mr. Graham, Mr.
Rockefeller, Ms. Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr.
Begich, Mr. Bennet, Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr.
Boozman, Mrs. Boxer, Mr. Brown of Massachusetts, Mr. Brown of Ohio, Mr.
Burr, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr.
Conrad, Mr. Coons, Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs.
Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr.
Harkin, Mr. Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns,
Mr. Johnson of Wisconsin, Mr. Johnson of South Dakota, Ms. Klobuchar,
Ms. Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs.
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs.
Murray, Mr. Nelson of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr.
Schumer, Mrs. Shaheen, Ms. Snowe, Ms. Stabenow, Mr. Tester, Mr. Udall
of Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr.
Toomey, and Mr. Kerry) to the bill S. 1867, to authorize appropriations
for fiscal year 2012 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
TITLE XVI--NATIONAL GUARD MATTERS
SEC. 1601. REPORT ON NATIONAL GUARD EMPOWERMENT.
(a) Independent Study Required.--The Secretary of Defense
shall provide for the conduct of an independent study on the
advisability of making the Chief of the National Guard Bureau
a member of the Joint Chiefs of Staff.
(b) Elements.--The Secretary shall ensure that the
independent study group conducting the study required by
subsection (a) considers the near-term and long-range
implications associated with making an advisor to the
Secretary of the Air Force and the Secretary of the Army on
matters relating to the reserve components of the Armed
Forces a member of the Joint Chiefs of Staff. The study shall
encompass, but not necessarily be limited to, the following
considerations:
(1) The roles and functions of the Joint Chiefs of Staff.
(2) The roles and functions of the Army National Guard, the
Air National Guard, the Army National Guard of the United
States, and the Air National Guard of the United States.
(3) The roles and functions of the Chief of the National
Guard Bureau.
(4) The effects on the principle of civilian control of the
military and accountability in adding a member to the Joint
Chiefs of Staff who is not subject to the oversight of a
single appointed and confirmed Secretary of a military
department.
(5) The precedent and potential long-term implications of
adding a member to the Joint Chiefs of Staff who is not the
chief of an Armed Force.
(6) The impact, if any, on the deliberations of the Joint
Chiefs of Staff of including a member who has been
recommended for appointment as the Chief of the National
Guard Bureau by the governor of a State.
(7) The effects on the principles of unity of command and
unity of effort for the Department of the Army and the
Department of the Air Force.
(8) The potential for confusing lines of authority and
representation under title 10, United States Code, already in
place for the Chief of Staff of the Army and the Chief of
Staff of the Air Force in meeting their responsibilities as
members of the Joint Chiefs of Staff.
(9) The effects of altering the current statutory balance
for representation by each branch of the Armed Forces on the
Joint Chiefs of Staff by altering their statutory
representation and the possible consequences for intra-
service and inter-service integration, progress toward more
effective
[[Page S7769]]
jointness, and efforts to improve interoperability.
(10) The findings and recommendations contained in the
reports issued by the Commission on the National Guard and
Reserves.
(11) The transition of the National Guard from a strategic
reserve force to an operational reserve force for the All-
Volunteer Force.
(12) Possible impacts on the other reserve components of
the Armed Forces, including perceptions regarding the Chief
of the National Guard Bureau having added responsibilities
assigned as a member of the Joint Chiefs of Staff.
(13) The extent to which the existing statutory role of the
Chief of the National Guard as advisor to the Secretary of
Defense is sufficient for all matters involving
nonfederalized National Guard forces.
(14) The qualifications of the Chief of the National Guard
Bureau to provide requisite insight into all levels of
strategic planning as a member of the Joint Chiefs of Staff,
and the risk of diluting understanding in the Armed Forces of
the principle of supporting and supported command
relationships.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study
required by subsection (a). The report shall set forth the
results of the study, including the matters specified in
subsection (b), and include such comments and recommendations
in light of the results of the study as the Secretary
considers appropriate.
______
SA 1202. Mr. UDALL of New Mexico (for himself and Mr. Schumer)
submitted an amendment intended to be proposed by him to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF
PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE.
(a) In General.--Section 2534 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(k) Procurement of Photovoltaic Devices.--
``(1) Contract requirement.--The Secretary of Defense shall
ensure that each contract described in paragraph (2) awarded
by the Department of Defense includes a provision requiring
any photovoltaic devices installed pursuant to the contract,
or pursuant to a subcontract under the contract, to comply
with the provisions of chapter 83 of title 41 (commonly known
as the `Buy American Act'), without regard to whether the
contract results in ownership of the photovoltaic devices by
the Department.
``(2) Contracts described.--The contracts described in this
paragraph include energy savings performance contracts,
utility service contracts, power purchase agreements, land
leases, and private housing contracts pursuant to which any
photovoltaic devices are installed on property or in a
facility--
``(A) owned by the Department of Defense;
``(B) leased to the Department of Defense; or
``(C) with respect to which the Secretary of the military
department concerned has exercised any authority provided
under subchapter IV of chapter 169 of this title (relating to
alternative authority for the acquisition and improvement of
military housing).
``(3) Consistency with international obligations.--
Paragraph (1) shall be applied in a manner consistent with
the obligations of the United States under international
agreements.
``(4) Definition of photovoltaic devices.--In this
subsection, the term `photovoltaic devices' means devices
that convert light directly into electricity.
``(5) Effective date.--This subsection applies to
photovoltaic devices procured or installed on or after the
date that is 30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2012
pursuant to contracts entered into before, on, or after such
date of enactment.''.
(b) Conforming Repeal.--Section 846 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10
U.S.C. 2534 note) is repealed.
______
SA 1203. Mr. KOHL submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 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 follow:
On page 65, strike lines 20 through 23 and insert the
following:
(b) Definition of Renewable Energy Source.--Section
2911(e)(2)(A) of title 10, United States Code, is amended by
inserting ``, including electricity and direct use'' before
the period at the end.
______
SA 1204. Mr. REED (for himself, Ms. Ayotte, Mr. Blumenthal, Mr.
Whitehouse, Mrs. Gillibrand, Mr. Leahy, and Mr. Brown of Massachusetts)
submitted an amendment intended to be proposed by him to the bill S.
1867, to authorize appropriations for fiscal year 2012 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 follow:
At the end of subtitle C of title VII, add the following:
SEC. 723. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF
DEFENSE EFFORTS ON MENTAL HEALTH IN THE
NATIONAL GUARD AND RESERVES THROUGH COMMUNITY
PARTNERSHIPS.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of Defense may carry out a
pilot program to assess the feasibility and advisability of
enhancing the efforts of the Department of Defense in
research, treatment, education, and outreach on mental health
and substance use disorders and Traumatic Brain Injury (TBI)
in members of the National Guard and Reserves, their family
members, and their caregivers through community partners
described in subsection (c).
(2) Duration.--The duration of the pilot program may not
exceed three years.
(b) Grants.--In carrying out the pilot program, the
Secretary may award not more than five grants to community
partners described in subsection (c). Any grant so awarded
shall be awarded using a competitive and merit-based award
process.
(c) Community Partners.--A community partner described in
this subsection is a private non-profit organization or
institution (or multiple organizations and institutions)
that--
(1) engages in each of the research, treatment, education,
and outreach activities described in subsection (d); and
(2) meets such qualifications for treatment as a community
partner as the Secretary shall establish for purposes of the
pilot program.
(d) Activities.--Amounts awarded under a grant under the
pilot program shall be utilized by the community partner
awarded the grant for one or more of the following:
(1) To engage in research on the causes, development, and
innovative treatment of mental health and substance use
disorders and Traumatic Brain Injury in members of the
National Guard and Reserves, their family members, and their
caregivers.
(2) To provide treatment to such members and their families
for such mental health and substance use disorders and
Traumatic Brain Injury.
(3) To identify and disseminate evidence-based treatments
of mental health and substance use disorders and Traumatic
Brain Injury described in paragraph (1).
(4) To provide outreach and education to such members,
their families and caregivers, and the public about mental
health and substance use disorders and Traumatic Brain Injury
described in paragraph (1).
(e) Requirement for Matching Funds.--
(1) Requirement.--The Secretary may award a grant under
this section to an organization or institution (or
organizations and institutions) only if the awardee agrees to
make contributions toward the costs of activities carried out
with the grant, from non-Federal sources (whether public or
private), an amount equal to not less than $3 for each $1 of
funds provided under the grant.
(2) Nature of non-federal contributions.--Contributions
from non-Federal sources for purposes of paragraph (1) may be
in cash or in-kind, fairly evaluated. Amounts provided by the
Federal Government, or services assisted or subsidized to any
significant extent by the Federal Government, may not be
included in determining the amount of contributions from non-
Federal sources for such purposes.
(f) Application.--An organization or institution (or
organizations and institutions) seeking a grant under this
section shall submit to the Secretary an application
therefore in such a form and containing such information as
the Secretary considers appropriate, including the following:
(1) A description how the activities proposed to be carried
out with the grant will help improve collaboration and
coordination on research initiatives, treatment, and
education and outreach on mental health and substance use
disorders and Traumatic Brain Injury among the Armed Forces.
(2) A description of existing efforts by the applicant to
put the research described in (c)(1) into practice.
(3) If the application comes from multiple organizations
and institutions, how the activities proposed to be carried
out with the grant would improve coordination and
collaboration among such organizations and institutions.
(4) If the applicant proposes to provide services or
treatment to members of the Armed Forces or family members
using grant amounts, reasonable assurances that such services
or treatment will be provided by a qualified provider.
(5) Plans to comply with subsection (g).
[[Page S7770]]
(g) Exchange of Medical and Clinical Information.--A
community partner awarded a grant under the pilot program
shall agree to any requirements for the sharing of medical or
clinical information obtained pursuant to the grant that the
Secretary shall establish for purposes of the pilot program.
The exchange of medical or clinical information pursuant to
this subsection shall comply with applicable privacy and
confidentiality laws.
(h) Dissemination of Information.--The Secretary of Defense
shall share with the Secretary of Veterans Affairs
information on best practices in research, treatment,
education, and outreach on mental health and substance use
disorders and Traumatic Brain Injury identified by the
Secretary of Defense as a result of the pilot program.
(i) Report.--Not later than 180 days before the completion
of the pilot program, the Secretary of Defense shall submit
to the Secretary of Veterans Affairs, and to Congress, a
report on the pilot program. The report shall include the
following:
(1) A description of the pilot program, including the
community partners awarded grants under the pilot program,
the amount of grants so awarded, and the activities carried
out using such grant amounts.
(2) A description of any research efforts advanced using
such grant amounts.
(3) The number of members of the National Guard and
Reserves provided treatment or services by community partners
using such grant amounts, and a summary of the types of
treatment and services so provided.
(4) A description of the education and outreach activities
undertaken using such grant amounts.
(5) A description of efforts to exchange clinical
information under subsection (g).
(6) A description and assessment of the effectiveness and
achievements of the pilot program with respect to research,
treatment, education, and outreach on mental health and
substance use disorders and Traumatic Brain Injury.
(7) Such recommendations as the Secretary of Defense
considers appropriate in light of the pilot program on the
utilization of organizations and institutions such as
community partners under the pilot program in efforts of the
Department described in subsection (a).
(8) A description of the metrics used by the Secretary in
making recommendations under paragraph (7).
(j) Available Funds.--Funds for the pilot program shall be
derived from amounts authorized to be appropriated for the
Department of Defense for Defense Health Program and
otherwise available for obligation and expenditure.
(k) Definitions.--In this section, the terms ``family
member'' and ``caregiver'', in the case of a member of the
National Guard or Reserves, have the meaning given such terms
in section 1720G(d) of title 38, United States Code, with
respect to a veteran.
______
SA 1205. Mr. KOHL submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 634. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE
RETIRED PAY BY RETIRED MEMBERS OF THE RESERVES
ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR
SIGNIFICANT PERIODS.
(a) Eligibility for Non-regular Service Retired Pay.--
Section 12731(f)(2) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``Ready Reserve'' and
inserting ``Reserves''; and
(2) in subparagraph (B)(i), by inserting ``or section
688a'' after ``section 12301(d)''.
(b) Retroactive Effective Date.--The amendments made by
subsection (a) shall take effect as of January 28, 2008, and
as if included in the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) as enacted.
______
SA 1206. Mrs. BOXER (for herself, Mr. Grassley, Mr. Rockefeller, Mrs.
McCaskill, Mr. Akaka, Mr. Franken, and Mr. Brown of Ohio) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
Strike section 842 of division A and insert the following:
SEC. 842. LIMITATION ON DEFENSE CONTRACTOR COMPENSATION.
Section 2324(e)(1)(P) of title 10, United States Code, is
amended to read as follows:
``(P) Costs of compensation of contractor and subcontractor
employees for a fiscal year, regardless of the contract
funding source, to the extent that such compensation exceeds
the annual amount paid to the President of the United States
in accordance with section 102 of title 3.''.
______
SA 1207. Mr. COBURN (for himself, Mr. Levin, and Mr. McCain)
submitted an amendment intended to be proposed by him to the bill S.
1867, to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1080. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS
ON THE MAJOR AUTOMATED INFORMATION SYSTEM
PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Reports Required.--
(1) In general.--Not later than March 30 of each year from
2013 through 2018, the Comptroller General of the United
States shall submit to the appropriate committees of Congress
a report setting forth an assessment of the performance of
the major automated information system programs of the
Department of Defense.
(2) Elements.--Each report under subsection (a) shall
include the following:
(A) An assessment by the Comptroller General of the cost,
schedule, and performance of a representative variety of
major automated information system programs selected by the
Comptroller General for purposes of such report.
(B) An assessment by the Comptroller General of the level
of risk associated with the programs selected under
subparagraph (A) for purposes of such report, and a
description of the actions taken by the Department to manage
or reduce such risk.
(C) An assessment by the Comptroller General of the extent
to which the programs selected under subparagraph (A) for
purposes of such report employ best practices for the
acquisition of information technology systems, as identified
by the Comptroller General, the Defense Science Board, and
the Department.
(b) Preliminary Report.--
(1) In general.--Not later than September 30, 2012, the
Comptroller General shall submit to the appropriate
committees of Congress a report setting forth the following:
(A) The metrics to be used by the Comptroller General for
the reports submitted under subsection (a).
(B) A preliminary assessment on the matters set forth under
subsection (a)(2).
(2) Briefings.--In developing metrics for purposes of the
report required by paragraph (1)(A), the Comptroller General
shall provide the appropriate committees of Congress with
periodic briefings on the development of such metrics.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``major automated information system program''
has the meaning given that term in section 2445a of title 10,
United States Code.
______
SA 1208. Mr. HARKIN submitted an amendment intended to be proposed by
him to the bill H.R. 2354, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the
table; as follows:
In title III, in the matter under the heading ``Energy
Efficiency and Renewable Energy'', before the period at the
end, insert ``: Provided further, That, within available
funds under this heading, the Secretary of Energy shall use
not less than $20,000,000 for the Energy Innovation Hub for
Critical Materials, including research focused on rare
earths, rare earth substitutes, and related materials, on
refining, recycling, minimizing, and alloying rare earths and
related materials, and on use of rare earths and related
materials in electronics, energy, and information and related
technologies and systems''.
______
SA 1209. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title VI, add the following:
SEC. ___. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR
BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Repeal.--
[[Page S7771]]
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(B) In section 1451(g)(1), by striking subparagraph (C).
(C) In section 1452--
(i) in subsection (f)(2), by striking ``does not apply--''
and all that follows and inserting ``does not apply in the
case of a deduction made through administrative error.''; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``, 1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may
be paid to any person for any period before the effective
date provided under subsection (f) by reason of the
amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has
been in receipt of an annuity under the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States
Code, that is in effect before the effective date provided
under subsection (f) and that is adjusted by reason of the
amendments made by subsection (a) and who has received a
refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such
refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d) of such title is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)(B), the Secretary concerned'' and inserting
``The Secretary concerned''; and
(2) in paragraph (2)--
(A) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children annuity
when no eligible surviving spouse.--In the case of a member
described in paragraph (1),''; and
(B) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible
Spouses.--The Secretary of the military department concerned
shall restore annuity eligibility to any eligible surviving
spouse who, in consultation with the Secretary, previously
elected to transfer payment of such annuity to a surviving
child or children under the provisions of section
1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or
not payment to such child or children subsequently was
terminated due to loss of dependent status or death. For the
purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having
attained age 55, or whose second or subsequent marriage has
been terminated by death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made
by this section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
______
SA 1210. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle C of title X, add the following:
SEC. 1024. ASSESSMENT OF STATIONING OF ADDITIONAL DDG-51
CLASS DESTROYERS AT NAVAL STATION MAYPORT,
FLORIDA.
(a) Navy Assessment Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Navy shall
conduct an analysis of the costs and benefits of stationing
additional DDG-51 class destroyers at Naval Station Mayport,
Florida.
(2) Elements.--The analysis required by paragraph (1) shall
include, at a minimum, the following:
(A) Consideration of the negative effects on the ship
repair industrial base at Naval Station Mayport caused by the
retirement of FFG-7 class frigates and the procurement delays
of the Littoral Combat Ship, including, in particular, the
increase in costs (which would be passed on to the taxpayer)
of reconstituting the ship repair industrial base at Naval
Station Mayport following the projected drastic decrease in
workload.
(B) Updated consideration of life extensions of FFG-7 class
frigates in light of continued delays in deliveries of the
Littoral Combat Ship deliveries.
(C) Consideration of the possibility of bringing additional
surface warships to Naval Station Mayport for maintenance
with the consequence of spreading the ship repair workload
appropriately amongst the various public and private
shipyards and ensuring the long-term health of the shipyard
in Mayport.
(b) Comptroller General of the United States Assessment.--
Not later than 120 days after the submittal of the report
required by subsection (a), the Comptroller General of the
United States shall submit to Congress an assessment by the
Comptroller General of the report, including a determination
whether or not the report complies with applicable best
practices.
______
SA 1211. Mrs. GILLIBRAND (for herself and Mr. Blunt) submitted an
amendment intended to be proposed by him to the bill S. 1867, to
authorize appropriations for fiscal year 2012 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 577. SUPPORT FOR NATIONAL GUARD COUNSELING AND
REINTEGRATION SERVICES.
(a) Assistance Authorized.--The Secretary of Defense may
provide assistance to a State National Guard to support
programs to provide pre-deployment and post-deployment
outreach, reintegration, and readjustment services to the
following persons:
(1) Members of reserve components of the Armed Forces who
reside in the State or are members of the State National
Guard regardless of place of residence and who are ordered to
active duty in support of a contingency operation.
(2) Members described in paragraph (1) upon their return
from such active duty.
(3) Veterans (as defined in section 101(2) of title 38,
United States Code).
(4) Dependents of persons described in paragraph (1), (2),
or (3).
(b) Elements of Programs.--Programs supported under
subsection (a) shall use direct person-to-person outreach and
other relevant activities to ensure that eligible persons
receive all the services and support available to them during
pre-deployment, deployment, and reintegration periods.
(c) Merit-Based or Competitive Decisions.--A decision to
commit, obligate, or expend funds with or to a specific State
National Guard under subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(d) State Defined.--In this section, the term ``State''
means each of the several States, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, and the Virgin Islands.
(e) Funding.--
(1) Funds available.--The amount authorized to be
appropriated by section 301 and available for operation and
maintenance for the Army National Guard as specified in the
funding table in section 4301 is hereby increased by
$70,000,000, with the amount of the increase to be available
for assistance authorized by this section.
(2) Offsets.--(A) The amount authorized to be appropriated
by section 301 and available for operation and maintenance
for the Army as specified in the funding table in section
4301 is hereby reduced by $33,400,000, with the amount of the
reduction to be allocated to amounts otherwise available for
the Army for recruiting and advertising.
(B) The amount authorized to be appropriated by section 301
and available for operation and maintenance for the Navy as
specified in the funding table in section 4301 is hereby
reduced by $16,200,000, with the amount of the reduction to
be allocated to amounts otherwise available for the Navy for
recruiting and advertising.
(C) The amount authorized to be appropriated by section 301
and available for operation and maintenance for the Marine
Corps as specified in the funding table in section 4301 is
hereby reduced by $11,700,000, with the amount of the
reduction to be allocated to amounts otherwise available for
the Marine Corps for recruiting and advertising.
(D) The amount authorized to be appropriated by section 301
and available for operation and maintenance for the Air Force
as specified in the funding table in section 4301 is hereby
reduced by $8,700,000, with the amount of the reduction to be
allocated to amounts otherwise available for the Air Force
for recruiting and advertising.
______
SA 1212. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal
[[Page S7772]]
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. 515. NATIONAL GUARD STATE PARTNERSHIP PROGRAM.
(a) State Partnership Program.--
(1) In general.--Chapter 1 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 116. State Partnership Program
``(a) Availability of Appropriated Funds.--(1) Funds
appropriated to the Department of Defense, including for the
Air and Army National Guard, shall be available for the
payment of costs to conduct activities under the State
Partnership Program, whether inside the United States or
outside the United States, for purposes as follows:
``(A) To support the objectives of the commander of the
combatant command for the theater of operations in which such
contacts and activities are conducted.
``(B) To support the objectives of the United States chief
of mission of the partner nation with which contacts and
activities are conducted.
``(C) To build international partnerships and defense and
security capacity.
``(D) To strengthen cooperation between the departments and
agencies of the United States Government and agencies of
foreign governments to support building of defense and
security capacity.
``(E) To facilitate intergovernmental collaboration between
the United States Government and foreign governments in the
areas of defense and security.
``(F) To facilitate and enhance the exchange of information
between the United States Government and foreign governments
on matters relating to defense and security.
``(2) Costs under paragraph (1) may include costs as
follows:
``(A) Costs of pay and allowances of members of the
National Guard.
``(B) Travel and necessary expenses of United States
personnel outside of the Department of Defense in the State
Partnership Program.
``(C) Travel and necessary expenses of foreign participants
directly supporting activities under the State Partnership
Program.
``(b) Limitations.--(1) Funds shall not be available under
subsection (a) for activities described in that subsection
that are conducted in a foreign country unless jointly
approved by the commander of the combatant command concerned
and the chief of mission concerned.
``(2) Funds shall not be available under subsection (a) for
the participation of a member of the National Guard in
activities described in that subsection in a foreign country
unless the member is on active duty in the armed forces at
the time of such participation.
``(3) Funds shall not be available under subsection (a) for
interagency activities involving United States civilian
personnel or foreign civilian personnel unless the
participation of such personnel in such activities--
``(A) contributes to responsible management of defense
resources;
``(B) fosters greater respect for and understanding of the
principle of civilian control of the military;
``(C) contributes to cooperation between United States
military and civilian governmental agencies and foreign
military and civilian government agencies; or
``(D) improves international partnerships and capacity on
matters relating to defense and security.
``(c) Reimbursement.--In the event of the participation of
United States Government participants (other than personnel
of the Department of Defense) in activities for which payment
is made under subsection (a), the head of the department or
agency concerned shall reimburse the Secretary of Defense for
the costs associated with the participation of such personnel
in such contacts and activities. Amounts reimbursed the
Department of Defense under this subsection shall be
deposited in the appropriation or account from which amounts
for the payment concerned were derived. Any amounts so
deposited shall be merged with amounts in such appropriation
or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such appropriation or account.
``(d) Definitions.--In this section:
``(1) The term `State Partnership Program' means a program
that establishes a defense and security relationship between
the National Guard of a State or territory and the military
and security forces, and related disaster management,
emergency response, and security ministries, of a foreign
country.
``(2) The term `activities', for purposes of the State
Partnership Program, means any military-to-military
activities or interagency activities for a purpose set forth
in subsection (a)(1).
``(3) The term `interagency activities' means the
following:
``(A) Contacts between members of the National Guard and
foreign civilian personnel outside the ministry of defense of
the foreign country concerned on matters within the core
competencies of the National Guard.
``(B) Contacts between United States civilian personnel and
members of the Armed Forces of a foreign country on matters
within such core competencies.
``(4) The term `matter within the core competencies of the
National Guard' means matters with respect to the following:
``(A) Disaster response and mitigation.
``(B) Defense support to civil authorities.
``(C) Consequence management and installation protection.
``(D) Response to a chemical, biological, radiological,
nuclear, or explosives (CBRNE) event.
``(E) Border and port security and cooperation with
civilian law enforcement.
``(F) Search and rescue.
``(G) Medicine.
``(H) Counterdrug and counternarcotics activities.
``(I) Public affairs.
``(J) Employer support and family support for reserve
forces.
``(5) The term `United States civilian personnel' means the
following:
``(A) Personnel of the United States Government (including
personnel of departments and agencies of the United States
Government other than the Department of Defense) and
personnel of State and local governments of the United
States.
``(B) Members and employees of the legislative branch of
the United States Government.
``(C) Non-governmental individuals.
``(6) The term `foreign civilian personnel' means the
following:
``(A) Civilian personnel of a foreign government at any
level (including personnel of ministries other than
ministries of defense).
``(B) Non-governmental individuals of a foreign country.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by adding at
the end the following new item:
``116. State Partnership Program.''.
(b) Repeal of Superseded Authority.--Section 1210 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is
repealed.
______
SA 1213. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. SENSE OF CONGRESS ON THE IMPORTANCE OF COMBATING
CERTAIN THREATS AGAINST MILITARY UNITS AND
FACILITIES IN THE UNITED STATES.
(a) Findings.--Congress makes the following findings:
(1) Improvised Explosive Devices (IEDs) and Vehicle Born
Improvised Explosive Devices (VBIEDs) are being increasingly
employed by terrorists and other adversaries against our
forces around the world.
(2) The IED and VBIED will continue to be a threat even
after the current operations in Iraq and Afghanistan are
complete.
(3) Terrorist organizations, hybrid threat organizations,
and other adversaries plan to use IEDs and VBIEDs against our
military units and facilities within the United States.
(4) Such a strategy would degrade our ability to project
forces to respond to contingencies around the world.
(5) The Joint Improvised Explosive Defeat Organization
(JIEDDO) has proven to be very effective at combating the
threat to our military overseas in support of our combatant
commanders.
(6) The success of JIEDDO is based on its methodology of
defeat the device, attack the enemy networks, and train
friendly forces; its broad authority to hasten innovations to
the combat units; and its ability to fuse intelligence from
across the intelligence community.
(7) JIEDDO's methodology could be leveraged by utilizing
its intelligence fusion capability and its training
capability against threats within the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense should leverage JIEDDO's
capability and authority to combat terrorist organizations
targeting the Armed Forces and facilities in the United
States; and
(2) the Department of Defense should look at expanding
JIEDDO's mandate to allow it to cooperate with agencies
responsible for the protection of the United States,
including the Department of Homeland Security, U.S. Customs
and Border Protection, the Federal Bureau of Investigation,
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and
Federal, State, and local law enforcement.
______
SA 1214. Ms. SNOWE (for herself, Ms. Collins, Mrs. Murray, Ms.
Mikulski, and Mr. Cardin) submitted an amendment intended to be
proposed by her to the bill S. 1867, to authorize appropriations for
fiscal year 2012 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle A of title VII, add the following:
[[Page S7773]]
SEC. 705. INTEGRATED CARE MANAGEMENT OPTIONS UNDER THE
UNIFORMED SERVICES FAMILY HEALTH PLAN.
(a) Report on Strategy for Integrated Care Management
Options.--
(1) In general.--Not later than June 1, 2012, the Secretary
of Defense shall, in conjunction with the Secretary of Health
and Human Services and the designated providers under the
uniformed services family health plan (USFHP), submit to
Congress a report setting forth a strategy for providing
integrated care management options for individuals who would
otherwise qualify as covered beneficiaries under section 724
of the National Defense Authorization Act for Fiscal Year
1997 (10 U.S.C.1073 note), without regard to the amendments
made by section 703 of this Act, utilizing appropriate
elements of the uniformed services family health plan,
TRICARE for Life, and the Medicare program.
(2) Elements.--The strategy required by this subsection
shall include the following:
(A) Mechanisms for ensuring an adequate population base to
sustain the uniformed services family health plan, including
the termination of restrictions on enrollment of covered
beneficiaries under the age of 65 if considered feasible for
that purpose.
(B) Mechanisms (including the utilization of demonstration
projects currently authorized by law) to permit covered
beneficiaries who are also eligible for the Medicare program
to receive integrated and coordinated care through the
uniformed services family health plan, including mechanisms--
(i) to secure greater continuity of care for such
beneficiaries who also have access to health care benefits
through TRICARE for Life;
(ii) to improve coordination and integration of health care
management for such beneficiaries who also have access to
health care benefits through TRICARE for Life; and
(iii) to utilize innovative care management strategies to
improve quality and health outcomes, and reduce unneeded
utilization of health care services on a long-term,
sustainable basis.
(C) Specific actions for the Department of Defense, and
other departments and agencies of the Federal Government, to
carry out the strategy.
(D) Specific milestones to evaluate progress in carrying
out the actions specified under subparagraph (C), and to
determine accountability for meeting such milestones.
(E) An identification of current authorities to be used in
carrying out the strategy, and a description of any
additional authorities considered advisable to carry out the
strategy.
(b) Report on Actions Regarding Integrated Care Management
Options.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in
conjunction with the Secretary of Health and Human Services,
submit to the President and Congress a report that describes
the activities and efforts of the Department of Defense and
the Department of Health and Human Services in developing and
evaluating integrated care management options for individuals
who would otherwise qualify as covered beneficiaries under
section 724 of the National Defense Authorization Act for
Fiscal Year 1997, without regard to the amendment made by
section 703 of this Act, through the uniformed services
family health plan, in conjunction with TRICARE for Life and
the Medicare program.
(c) Modification of Effective Date of Transition Enrollment
Limitations.--Notwithstanding the effective date of September
30, 2011, otherwise specified in paragraph (2) of section
724(e) of the National Defense Authorization Act for Fiscal
Year 1997, as added by section 703(2) of this Act, the
effective date of such paragraph shall be the later of--
(1) the date of the submittal to Congress of the report
required by subsection (b) of this section; or
(2) the date that is one year after the date of the
enactment of this Act.
______
SA 1215. Mr. CASEY (for himself, Mr. Barrasso, Mr. Blumenthal, Mr.
Bennet, and Mr. Whitehouse) proposed an amendment to the bill S. 1867,
to authorize appropriations for fiscal year 2012 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:
At the end of subtitle 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.
______
SA 1216. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1088. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION
OF THE ARMED FORCES INSTITUTE OF PATHOLOGY
UNDER DEFENSE BASE CLOSURE AND REALIGNMENT.
Section 177 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by striking ``which sponsor individual registries of
pathology at the Armed Forces Institute of Pathology'' and
inserting ``that support the activities of the American
Registry of Pathology''; and
(ii) by striking the second sentence; and
(B) in paragraph (3), by striking ``with the concurrence of
the Director of the Armed Forces Institute of Pathology'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``enter into contracts
with the Armed Forces Institute of Pathology'' and inserting
``enter into contracts with any executive agency that
provides medical or pathology services to military personnel
or military organizations or that conducts research,
education, or consultation in the field of military
medicine''; and
(B) in paragraph (4), by inserting ``and Repositories of
Pathology'' after ``Registries of Pathology''; and
(3) in subsection (d), by striking ``to the Director and
the Board of Governors of the Armed Forces Institute of
Pathology and to the sponsors'' and inserting ``to its Board
and supporting organizations''.
______
SA 1217. Mr. TESTER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 634. MODIFICATION OF PER-FISCAL YEAR CALCULATION OF DAYS
OF CERTAIN ACTIVE DUTY OR ACTIVE SERVICE TO
REDUCE ELIGIBILITY AGE FOR RETIREMENT FOR NON-
REGULAR SERVICE.
(a) Accumulation of 90-Day Periods of Service Within Any
Two Consecutive Fiscal Years.--Section 12731(f)(2)(A) of
title 10, United States Code, is amended by striking ``in any
fiscal year'' and inserting ``in any two consecutive fiscal
years''.
(b) Retroactive Effective Date.--The amendment made by
subsection (a) shall take effect as of January 28, 2008, and
as if included in the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) as enacted.
______
SA 1218. Mr. TESTER submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
: At the end of subtitle G of title X, add the following:
SEC. 1080. REPORT ON EXTENSION OF AUTHORITY FOR USE OF
COMMISSARY AND EXCHANGE STORES TO VETERANS WITH
CERTAIN SERVICE-CONNECTED DISABILITIES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate committees of Congress a
report setting forth an assessment of the feasability and
advisability of permitting each category of veterans
specified in subsection (b) to use the commissary and
exchange stores of the Department of Defense on the same
basis as veterans with service-
[[Page S7774]]
connected disabilities rated as 100 percent disabling. For
each category of veterans the report shall set forth the
following:
(1) An estimate of the cost of permitting such category of
veterans access to commissary and exchange stores.
(2) An estimate of the number of veterans in such category
likely to use the commissary and exchange stores if permitted
access.
(3) An assessment of the effects on the services and
operations of the commissary and exchange stores of the use
of such stores by such category of veterans.
(b) Categories of Veterans.--The categories of veterans
specified in this subsection are the following:
(1) Veterans with service-connected disabilities rated as
70 percent or more disabling.
(2) Veterans with service-connected disabilities rated as
50 percent or more disabling.
(3) Veterans with service-connected disabilities rated as
30 percent or more disabling.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
______
SA 1219. Mr. LEVIN (for himself and Mr. Webb) submitted an amendment
intended to be proposed by him to the bill S. 1867, to authorize
appropriations for fiscal year 2012 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. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE,
MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO
ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE
TO A MAJOR DISASTER OR EMERGENCY.
(a) Authority.--
(1) In general.--Chapter 1209 of title 10, United States
Code, as amended by section 511(a)(1), is further amended by
inserting after section 12304a the following new section:
``Sec. 12304b. Army Reserve, Navy Reserve, Marine Corps
Reserve, and Air Force Reserve: order to active duty to
provide assistance in response to a major disaster or
emergency
``(a) Authority.--When a Governor requests Federal
assistance in responding to a major disaster or emergency (as
those terms are defined in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122)), the Secretary of Defense may, without the
consent of the member affected, order any unit, and any
member not assigned to a unit organized to serve as a unit,
of the Army Reserve, Navy Reserve, Marine Corps Reserve, and
Air Force Reserve to active duty for a continuous period of
not more than 120 days to respond to the Governor's request.
``(b) Exclusion From Strength Limitations.--Members ordered
to active duty under this section shall not be counted in
computing authorized strength of members on active duty or
members in grade under this title or any other law.
``(c) Termination of Duty.--Whenever any unit or member of
the reserve components is ordered to active duty under this
section, the service of all units or members so ordered to
active duty may be terminated by order of the Secretary of
Defense or law.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 511(a)(2),
is further amended by inserting after the item relating to
section 12304a the following new item:
``12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force
Reserve: order to active duty to provide assistance in
response to a major disaster or emergency.''.
(b) Treatment of Operations as Contingency Operations.--
Section 101(a)(13)(B) of such title is amended by inserting
``12304b,'' after ``12304,''.
(c) Usual and Customary Arrangement.--
(1) Dual-status commander.--When the Armed Forces and the
National Guard are employed simultaneously in support of
civil authorities in the United States, appointment of a
commissioned officer as a dual-status commander serving on
active duty and duty in, or with, the National Guard of a
State under sections 315 or 325 of title 32, United States
Code, as commander of Federal forces by Federal authorities
and as commander of State National Guard forces by State
authorities, should be the usual and customary command and
control arrangement, including for missions involving a major
disaster or emergency as those terms are defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122). The chain of command for the
Armed Forces shall remain in accordance with sections 162(b)
and 164(c) of title 10, United States Code.
(2) State authorities supported.--When a major disaster or
emergency occurs in any area subject to the laws of any
State, Territory, or the District of Columbia, the Governor
of the State affected normally should be the principal civil
authority supported by the primary Federal agency and its
supporting Federal entities, and the Adjutant General of the
State or his or her subordinate designee normally should be
the principal military authority supported by the dual-status
commander when acting in his or her State capacity.
(3) Rule of construction.--Nothing in paragraphs (1) or (2)
shall be construed to preclude or limit, in any way, the
authorities of the President, the Secretary of Defense, or
the Governor of any State to direct, control, and prescribe
command and control arrangements for forces under their
command.
______
SA 1220. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 848. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
DEPARTMENT OF DEFENSE IMPLEMENTATION OF
JUSTIFICATION AND APPROVAL REQUIREMENTS FOR
CERTAIN SOLE-SOURCE CONTRACTS.
Not later than 90 days after March 1, 2012, and March 1,
2013, the dates on which the Department of Defense submits to
Congress a report on its implementation of section 811 of the
Fiscal Year 2010 National Defense Authorization Act, the
Comptroller General of the United States shall submit to the
congressional defense committees a report setting forth an
assessment of the extent to which the implementation of such
section 811 by the Department ensures that sole-source
contracts are awarded in applicable procurements only when
those awards have been determined to be in the best interest
of the Department.
______
SA 1221. Mr. LEVIN proposed an amendment to the bill H.R. 2056, to
instruct the Inspector General of the Federal Deposit Insurance
Corporation to study the impact of insured depository institution
failures, and for other purposes; as follows:
On page 2, line 10, insert ``and'' after the semicolon.
On page 2, line 14, strike the semicolon and all that
follows through line 19 and insert a period.
On page 4, strike line 14 and all that follows through page
5, line 5, and insert the following:
(2) Losses.--The significance of losses, including--
(A) the number of insured depository institutions that have
been placed into receivership or conservatorship due to
significant losses arising from loans for which all payments
of principal, interest, and fees were current, according to
the contractual terms of the loans;
(B) the impact of significant losses arising from loans for
which all payments of principal, interest, and fees were
current, according to the contractual terms of the loans, on
the ability of insured depository institutions to raise
additional capital;
(C) the effect of changes in the application of fair value
accounting rules and other accounting standards, including
the allowance for loan and lease loss methodology, on insured
depository institutions, specifically the degree to which
fair value accounting rules and other accounting standards
have led to regulatory action against banks, including
consent orders and closure of the institution; and
(D) whether field examiners are using appropriate appraisal
procedures with respect to losses arising from loans for
which all payments of principal, interest, and fees were
current, according to the contractual terms of the loans, and
whether the application of appraisals leads to immediate
write downs on the value of the underlying asset.
On page 9, strike lines 15 through 19, and insert the
following:
SEC. 2. CONGRESSIONAL TESTIMONY.
The Inspector General of the Federal Deposit Insurance
Corporation and the Comptroller General of the United States
shall appear before the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives, not later than 150
days after the date of publication of the study required
under this Act to discuss the outcomes and impact of Federal
regulations on bank examinations and failures.
______
SA 1222. Mr. LEVIN (for Mrs. Feinstein (for herself and Ms.
Cantwell)) proposed an amendment to the bill H.R. 3321, to facilitate
the hosting in the United States of the 34th America's Cup by
authorizing certain eligible vessels to participate in activities
related to the competition, and for other purposes; as follows:
[[Page S7775]]
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Cup Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 34th america's cup.--The term ``34th America's Cup''--
(A) means the sailing competitions, commencing in 2011, to
be held in the United States in response to the challenge to
the defending team from the United States, in accordance with
the terms of the America's Cup governing Deed of Gift, dated
October 24, 1887; and
(B) if a United States yacht club successfully defends the
America's Cup, includes additional sailing competitions
conducted by America's Cup Race Management during the 1-year
period beginning on the last date of such defense.
(2) America's cup race management.--The term ``America's
Cup Race Management'' means the entity established to provide
for independent, professional, and neutral race management of
the America's Cup sailing competitions.
(3) Eligibility certification.--The term ``Eligibility
Certification'' means a certification issued under section 4.
(4) Eligible vessel.--The term ``eligible vessel'' means a
competing vessel or supporting vessel of any registry that--
(A) is recognized by America's Cup Race Management as an
official competing vessel, or supporting vessel of, the 34th
America's Cup, as evidenced in writing to the Administrator
of the Maritime Administration of the Department of
Transportation;
(B) transports not more than 25 individuals, in addition to
the crew;
(C) is not a ferry (as defined under section 2101(10b) of
title 46, United States Code);
(D) does not transport individuals in point-to-point
service for hire; and
(E) does not transport merchandise between ports in the
United States.
(5) Supporting vessel.--The term ``supporting vessel''
means a vessel that is operating in support of the 34th
America's Cup by--
(A) positioning a competing vessel on the race course;
(B) transporting equipment and supplies utilized for the
staging, operations, or broadcast of the competition; or
(C) transporting individuals who--
(i) have not purchased tickets or directly paid for their
passage; and
(ii) who are engaged in the staging, operations, or
broadcast of the competition, race team personnel, members of
the media, or event sponsors.
SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.
Notwithstanding sections 55102, 55103, and 55111 of title
46, United States Code, an eligible vessel, operating only in
preparation for, or in connection with, the 34th America's
Cup competition, may position competing vessels and may
transport individuals and equipment and supplies utilized for
the staging, operations, or broadcast of the competition from
and around the ports in the United States.
SEC. 4. CERTIFICATION.
(a) Requirement.--A vessel may not operate under section 3
unless the vessel has received an Eligibility Certification.
(b) Issuance.--The Administrator of the Maritime
Administration of the Department of Transportation is
authorized to issue an Eligibility Certification with respect
to any vessel that the Administrator determines, in his or
her sole discretion, meets the requirements set forth in
section 2(4).
SEC. 5. ENFORCEMENT.
Notwithstanding sections 55102, 55103, and 55111 of title
46, United States Code, an Eligibility Certification shall be
conclusive evidence to the Secretary of the Department of
Homeland Security of the qualification of the vessel for
which it has been issued to participate in the 34th America's
Cup as a competing vessel or a supporting vessel.
SEC. 6. PENALTY.
Any vessel participating in the 34th America's Cup as a
competing vessel or supporting vessel that has not received
an Eligibility Certification or is not in compliance with
section 12112 of title 46, United States Code, shall be
subject to the applicable penalties provided in chapters 121
and 551 of title 46, United States Code.
SEC. 7. WAIVERS.
(a) In General.--Notwithstanding sections 12112 and 12132
and chapter 551 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with a
coastwise endorsement for each of the following vessels:
(1) M/V GEYSIR (United States official number 622178).
(2) OCEAN VERITAS (IMO number 7366805).
(3) LUNA (United States official number 280133).
(b) Documentation of LNG Tankers.--
(1) In general.--Notwithstanding sections 12112 and 12132
and chapter 551 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is
operating may issue a certificate of documentation with a
coastwise endorsement for each of the following vessels:
(A) LNG GEMINI (United States official number 595752).
(B) LNG LEO (United States official number 595753).
(C) LNG VIRGO (United States official number 595755).
(2) Limitation on operation.--Coastwise trade authorized
under paragraph (1) shall be limited to carriage of natural
gas, as that term is defined in section 3(13) of the
Deepwater Port Act of 1974 (33 U.S.C. 1502(13)).
(3) Termination of effectiveness of endorsements.--The
coastwise endorsement issued under paragraph (1) for a vessel
shall expire on the date of the sale of the vessel by the
owner of the vessel on the date of enactment of this Act to a
person who is not related by ownership or control to such
owner.
(c) Operation of a Dry Dock.--A vessel transported in Dry
Dock #2 (State of Alaska registration AIDEA FDD-2) is not
merchandise for purposes of section 55102 of title 46, United
States Code, if, during such transportation, Dry Dock #2
remains connected by a utility or other connecting line to
pierside moorage.
______
SA 1223. Mr. LEVIN (for Mr. Bingaman (for himself and Ms. Murkowski))
proposed an amendment to the bill S. 99, to promote the production of
molybdenum-99 in the United States for medical isotope production, and
to condition and phase out the export of highly enriched uranium for
the production of medical isotopes; as follows:
On page 15, line 14, strike ``establish'' and insert
``carry out''.
On page 17, strike lines 15 through 19.
On page 17, line 21, strike ``establish'' and insert
``carry out''.
On page 21, strike lines 12 through 16.
On page 29, after line 23, add the following:
SEC. 9. REPEAL.
The Nuclear Safety Research, Development, and Demonstration
Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.
On page 30, line 1, strike ``9'' and insert ``10''.
______
SA 1224. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 1867, to authorize appropriations for fiscal year
2012 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 702.
______
SA 1225. Ms. KLOBUCHAR (for herself, Mrs. Feinstein, Mr. Johnson of
South Dakota, and Ms. Cantwell) submitted an amendment intended to be
proposed by her to the bill S. 1867, to authorize appropriations for
fiscal year 2012 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 167, after line 25, add the following:
(e) Rentention of Documentary Evidence.--The policy
developed under subsection (a) shall provide for the
retention of all documentary evidence relating to sexual
assaults for the same length of time investigative records
relating to sexual assaults are required to be retained.
______
SA 1226. Ms. KLOBUCHAR (for herself, Mr. Thune, Mr. Johnson of South
Dakota, Mr. Franken, Mr. Harkin, and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 1867, to
authorize appropriations for fiscal year 2012 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 37, between lines 15 and 16, insert the following:
Sec. 2 __. None of the funds appropriated or otherwise made
available by this Act for ongoing construction work on rural
water regional programs of the Bureau of Reclamation that is
in addition to the amount requested in the annual budget
submission of the President (including funds for related
settlements) shall be used by the Secretary of the Interior
to carry out any rural water supply project authorized as of
the date of enactment of this Act unless the Secretary of the
Interior, not later than 30 days after the date of enactment
of this Act, issues a work plan prioritizing funding of rural
water supply projects carried out by the Bureau of
Reclamation based on the following criteria to better utilize
taxpayer dollars:
(1) The percentage of the rural water supply project to be
carried out that is complete (as of the date of enactment of
this Act) or will be completed by September 30, 2012.
(2) The number of people served or expected to be served by
the rural water supply project.
(3) The amount of non-Federal funds previously provided or
certified as available for the cost of the rural water supply
project.
[[Page S7776]]
(4) The extent to which the rural water supply project
benefits tribal components.
(5) The extent to which there is an urgent and compelling
need for a rural water supply project that would--
(A) improve the health or aesthetic quality of water;
(B) result in continuous, measurable, and significant water
quality benefits; or
(C) address current or future water supply needs of the
population served by the rural water supply project.
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Senate amendment submitted
November 17, 2011