[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7684-S7694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012--Continued

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

[[Page S7685]]

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


                     Amendments Nos. 1125 and 1126

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

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

  The amendments are as follows:

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

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

  The PRESIDING OFFICER. The Senator from Colorado.


                           Amendment No. 1107

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

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

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

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

       Strike subtitle D of title X and insert the following:

                      Subtitle D--Detainee Matters

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

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

  The PRESIDING OFFICER. The Senator from Louisiana.


                           Amendment No. 1115

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

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

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

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


                           Amendment No. 1197

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

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

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

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

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

     SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS.

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

  The PRESIDING OFFICER. The Senator from Maryland.


                           Amendment No. 1073

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

[[Page S7686]]

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

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

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

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

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

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

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

  The PRESIDING OFFICER. The Senator from Maryland.


                           Amendment No. 1188

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

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

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

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

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

     SEC. 1049. EXPANSION OF OPERATION HERO MILES.

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

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

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

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

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


                           Amendment No. 1114

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

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

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

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

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

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

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

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

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

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

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


                           Amendment No. 1149

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

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

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

[[Page S7687]]

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

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

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

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

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

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


                           Amendment No. 1120

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

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

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

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

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

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

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

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

[[Page S7688]]

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


               Amendment Nos. 1105, 1155, 1158, and 1180

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

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

  The amendments are as follows:


                           Amendment No. 1105

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

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


                           Amendment No. 1155

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

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

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

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


                           Amendment No. 1158

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

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


                           Amendment No. 1180

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

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

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

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

[[Page S7689]]

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

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

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


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

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

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

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


                           Amendment No. 1094

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

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

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

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


                           Amendment No. 1095

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

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

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

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


                           Amendment No. 1096

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

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

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

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

[[Page S7690]]

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


                           amendment no. 1097

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

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

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

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


                           amendment no. 1098

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

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

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

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


                           amendment no. 1099

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

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

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

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

[[Page S7691]]

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


                           Amendment No. 1100

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

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

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

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


                           Amendment No. 1101

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

       Strike section 156.


                           Amendment No. 1102

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

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

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

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


                           amendment No. 1093

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

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

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

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

[[Page S7692]]

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

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

[[Page S7693]]

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


                  Amendments Nos. 1215, 1139, and 1140

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

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

  The amendments are as follows:


                           Amendment No. 1215

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

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

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

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


                           Amendment No. 1139

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

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

     SEC. 889. SUBCONTRACTOR NOTIFICATIONS.

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


                           Amendment No. 1140

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

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

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

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

[[Page S7694]]

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

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


       Authority to Sign Duly Enrolled Bills or Joint Resolutions

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


                           Amendment No. 1092

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

                          ____________________